On May 24, 2016, FDA released a final guidance stating sweeteners derived from sugar cane, including those derived from sugar cane syrup, should not be declared on food labels as "evaporated cane juice." FDA's view is that the term "evaporated cane juice" is false or misleading because it suggests the sweetener is or is made from fruit or vegetable juice and does not reveal that the ingredient's basic nature and characterizing properties are those of a sugar. These conclusions largely echoed statements in a draft guidance of FDA published in 2009. With "evaporated cane juice" food label class action lawsuits becoming common in federal court, FDA reopened the comment period in 2014 requesting further data about the basic nature and characterizing properties of the ingredient labeled as "evaporated cane juice," how this ingredient is produced, and how it compares with other sweeteners. After reviewing the data and comments received, FDA is recommending that ingredients currently labeled as "evaporated cane juice" be relabeled to use the term "sugar." At the manufacturer's option, the term "sugar" can be accompanied by a truthful, nonmisleading descriptor to distinguish the ingredient from other cane-based sweeteners. The notice of availability for the guidance document will publish in the May 26, 2016, Federal Register. For more information regarding food label litigation, including litigation focusing on "evaporated cane juice," see our Jones Day Commentary: "Will Evaporated Cane Juice Be Sweet for Class Action Plaintiffs?"
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