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).

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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

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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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