Hohenberg v. Ferrero USA, Inc
Filing
30
MOTION to Dismiss Consolidated Complaint by Ferrero USA, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Declaration of Amir Steinhart, # 3 Exhibit A - Nutella Product Label, # 4 Exhibit B-1 "About Nutella", # 5 Exhibit B-2 "Nutella Ingredients", # 6 Exhibit B-3 "Nutella Nutrition Facts", # 7 Exhibit B-4 "Nutella and Nutrition", # 8 Exhibit B-5 "Nutella Tips for Moms", # 9 Exhibit B-6 "Nutella Build Your Own Breakfast", # 10 Exhibit B-7 "Nutella Resources", # 11 Exhibit C Appendix F to FDA Food Labeling Guide, # 12 Proof of Service)(Bish, Dale) (ag).
EXHIBIT C
Food Labeling Guide > 14. Appendix F: Calculate the Percent Daily Value for the... Page 1 of 2
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14. Appendix F: Calculate the Percent Daily Value for the Appropriate Nutrients
Guidance for Industry: A Food Labeling Guide
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Contains Nonbinding Recommendations
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There are two sets of reference values for reporting nutrients in nutrition labeling: 1) Daily Reference Values (DRVs) and 2) Reference Daily Intakes
(RDIs). These values assist consumers in interpreting information about the amount of a nutrient that is present in a food and in comparing nutritional
values of food products. DRVs are established for adults and children four or more years of age, as are RDIs, with the exception of protein. DRVs are
provided for total fat, saturated fat, cholesterol, total carbohydrate, dietary fiber, sodium, potassium, and protein. RDIs are provided for vitamins and
minerals and for protein for children less than four years of age and for pregnant and lactating women. In order to limit consumer confusion, however,
the label includes a single term (i.e., Daily Value (DV)), to designate both the DRVs and RDIs. Specifically, the label includes the % DV, except that
the % DV for protein is not required unless a protein claim is made for the product or if the product is to be used by infants or children under four
years of age. The following table lists the DVs based on a caloric intake of 2,000 calories, for adults and children four or more years of age.
Food Component
DV
Total Fat
65 grams (g)
Saturated Fat
20 g
Cholesterol
300 milligrams (mg)
Sodium
2,400 mg
Potassium
3,500 mg
Total Carbohydrate
300 g
Dietary Fiber
25 g
Protein
50 g
Vitamin A
5,000 International Units (IU)
Vitamin C
60 mg
Calcium
1,000 mg
Iron
18 mg
Vitamin D
400 IU
Vitamin E
30 IU
Vitamin K
80 micrograms µg
Thiamin
1.5 mg
Riboflavin
1.7 mg
Niacin
20 mg
Vitamin B6
2 mg
Folate
400 µg
Vitamin B12
6 µg
Biotin
300 µg
Pantothenic acid
10 mg
Phosphorus
1,000 mg
Iodine
150 µg
Magnesium
400 mg
Zinc
15 mg
Selenium
70 µg
Copper
2 mg
Manganese
2 mg
Chromium
120 µg
EXHIBIT C
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http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/F...
Food Labeling Guide > 14. Appendix F: Calculate the Percent Daily Value for the... Page 2 of 2
Molybdenum
75 µg
Chloride
3,400 mg
In order to calculate the % DV, determine the ratio between the amount of the nutrient in a serving of food and the DV for the nutrient. That is, divide
either the actual (unrounded) quantitative amount or the declared (rounded) amount (see next section) by the appropriate DV. When deciding
whether to use the unrounded or rounded value, consider the amount that will provide the greatest consistency on the food label and prevent
unnecessary consumer confusion. The nutrients in the table above are listed in the order in which they are required to appear on a label in accordance
with 21 CFR 101.9(c). This list includes only those nutrients for which a DRV has been established in 21 CFR 101.9(c)(9) or a RDI in 21 CFR 101.9(c)
(8)(iv).
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http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/F...
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