2.1. What is the name of the food statement called and where must it be placed?
The statement of identity is the name of the food. It must appear on the front label, or principal display panel as well as any alternate
principal display panel.
21 CFR 101.3
2.2. Should the statement of identity stand out?
Use prominent print or type for the statement of identity. It shall be in bold type. The type size must be reasonably related to the most
prominent printed matter on the front panel and should be one of the most important features on the principal display panel. Generally,
this is considered to be at least 1/2 the size of the largest print on the label.
21 CFR 101.3(d)
2.3. What name should be used as the statement of identity?
The common or usual name of the food, if the food has one, should be used as the statement of identity. If there is none, then an appropriate
descriptive name, that is not misleading, should be used.
21 CFR 101.3(b)
2.4. Where should the statement of identity be placed on the label?
Place the statement of identity in lines generally parallel to the base of the package.
21 CFR 101.3(d)
2.5. When are fanciful names permitted as the statement of identity?
When the nature of the food is obvious, a fanciful name commonly used and understood by the public may be used.
21 CFR 101.3(b)(3)
2.6. Is it necessary to use the common or usual name instead of a new name?
The common or usual name must be used for a food if it has one. It would be considered misleading to label a food that has an
established name with a new name. If the food is subject to a standard of identity it must bear the name specified in the standard.
21 CFR 101.3(b)(2)
2.7. Should modified statements of identity be used for sliced and unsliced versions of a food?
Labels must describe the form of the food in the package if the food is sold in different optional forms such as sliced and unsliced,
whole or halves, etc.
21 CFR 101.3(c)
2.8. What food must be labeled as an "imitation"?
A new food that resembles a traditional food and is a substitute for the traditional food must be labeled as an imitation if the new food
contains less protein or a lesser amount of any essential vitamin or mineral.
21 CFR 101.3(e)
2.9. What type size and degree of prominence is required for the word "imitation" in the product name?
The same type size and prominence for the word "imitation" as is used for the name of the product imitated.
21 CFR 101.3(e)
2.10. What causes a juice beverage label to be required to have a "% juice" declaration?
Beverages that purport to contain juice (fruit or vegetable juice) must declare the "% of juice". Included are beverages that purport to contain
juice by way of label statements, by pictures of fruits or vegetables on the label, or by taste and appearance causing the consumer to expect juice
in the beverage.
This includes non-carbonated and carbonated beverages, full-strength (100%) juices, concentrated juices, diluted juices, and beverages that purport
to contain juice but contain no juice.
21 CFR 101.30(a)
2.11. Where and how is "% juice" declared?
The "% juice" must be on the information panel, near the top. Only the brand name, product name, logo, or universal product code may be placed above it.
Use easily legible boldface print or type that distinctly contrasts with the other printed or graphic material. The type size for the "% juice"
declaration must be not less than the largest type on the information panel, except that used for the brand name, product name, logo, universal
product code, or the title phrase "Nutrition Facts."
The percentage juice declaration may be either "contains ____% juice" or "____% juice." The name of the fruit or vegetable may also be included
(e.g., "100% Apple Juice").
21 CFR 101.30(e)
2.12. Are there any exceptions from the "% juice" requirement?
An exception is that beverages containing minor amounts of juice for flavoring are not required to bear a "% juice" declaration provided that:
- The product is described using the term "flavor" or "flavored"
- The term "juice" is not used other than in the ingredient list
- The beverages do not otherwise give the impression they contain juice
21 CFR 101.30(c)
2.13. How is the "% juice" calculated?
For juice expressed directly from fruit or vegetables: computed on a volume/volume basis.
For juice made by adding water to concentrate: calculated using values from the Brix table in 21 CFR 101.30(h)(1) as the basis for 100% juice.
21 CFR 101.30(j), 101.30(h)
2.14. Should my product be labeled as a "drink" or a "beverage"?
Beverages that are 100% juice may be called "juice." However, beverages that are diluted to less than 100% juice must have the word "juice" qualified
with a term such as "beverage," "drink," or "cocktail." Alternatively, the product may be labeled with a name using the form "diluted ____ juice,"
(e.g. "diluted apple juice").
21 CFR 102.33(g)
2.15. Is it necessary to use the term "concentrate" on the label?
Juices made from concentrate must be labeled with terms such as "from concentrate," or "reconstituted" as part of the name wherever it appears on the
label. An exception is that, in the ingredient statement, the juice is declared as "concentrated ____ juice and water" or
"water and concentrated ____ juice," as appropriate.
21 CFR 102.33(g)
2.16. What name is used on a mixed fruit or vegetable juice beverage?
When stated, names of juices (except in the ingredient list) must be in descending order of predominance by volume, unless the label indicates that
the named juice is used as a flavor. Examples: "Apple, Pear and Raspberry Juice Drink", "Raspberry-Flavored Apple and Pear Juice Drink".
If the label represents one or more but not all the juices (except in the ingredient list), then the name must indicate that more juices are present.
Examples: "Apple Juice Blend", "Apple Juice in a Blend of Two Other Fruit Juices".
When one or more, but not all, juices are named and the named juice is not the predominant juice, the name of the beverage must either state that the
beverage is flavored with the named juice or declare the amount of the named juice in a 5% range.
Examples: "Raspcranberry Raspberry and Cranberry flavored Juice Drink",
"Raspcranberry Cranberry and Raspberry Juice Beverage 10-15% Cranberry Juice and 3-8% Raspberry Juice"
21 CFR 102.33(b), 102.33(c), 102.33(d)
2.17. What type sizes must be used for % juice information?
The term "from concentrate" or "reconstituted" must be no smaller than one-half the height of the letters in the name of the juice.
The 5% range information generally should be not less than one-half the height of the largest type appearing in the common or usual name
(may not be less than 1/16th inch in height on packages with 5 sq. in. or less area on the principal display panel, and not less than 1/8
inch in height on packages with a principal display panel greater than 5 sq. in.
Use easily legible boldface print or type that distinctly contrasts with the other printed or graphic material on the information panel.
The type-size for the %-juice label must be not less than the largest type found on the information panel except that used for the brand name,
product name, logo, universal product code, or the title phrase "Nutrition Facts."
21 CFR 101.30(e)(2), 102.5(b)(2), 102.33(d), 102.33(g)
Food and Drug Administration Center for Food Safety and Applied Nutrition
A Food Labeling Guide, September 1994 (Editorial revisions June, 1999)