What is “Inconspicuous” Labeling?

Sep 6, 2013 | Food, Food Safety Modernization Act, Imports, Law & Regulatory

label-formatting

Did you know that FDA might take a ruler to measure your label and check if your type size matches their labeling specification?  “Inconspicuous labeling” ranks number 4 among the most frequently used labeling charges in refused food entries. FDA cares about labeling violations, including seemingly minor ones regarding label formatting.

Unlike many other violations, the charge “inconspicuous” is not necessarily self-explanatory. The Food, Drug, and Cosmetic Act mandates that all the required information in the label be “prominently placed thereon with such conspicuousness … as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.”  This standard leaves many unanswered questions about how a label must look; that’s why FDA wrote regulations about the font size, bolding text, location of text, etc.

While bolding a text might seem inconsequential, FDA does expect labels to be properly formatted, and will hold an entry for failing to satisfy the labeling requirements, including the font size. If FDA detains the entry, an importer has two options: (1) relabel the product under FDA supervision, or (2) export or destroy the product. Both options are expensive and time-consuming, and can damage a firm’s reputation.

Import delays because of labeling problems are avoidable if companies conduct a label review before printing their labels. Even though the rules are complex, FDA expects and requires a firm to satisfy all of them. Before using a new label, follow FDA’s example and pull out your ruler to make sure the font size is correct.

The team at FDAImports.com can assist your business in compliance with food labeling requirements, as well as all aspects of food manufacturing and importing.  Contact us today to learn more about how we can help you avoid delays in the import process.

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