The US Food and Drug Administration, or FDA, gets a mite particular when it comes to companies hawking "functional foods" and this week it's coffee maker Rockstar, Inc. which finds itself in the agency's crosshairs. Just moments ago the agency released a copy of its May 23, 2012, warning letter to Rockstar?and CEO?Russell Weiner.
From the letter we learn that back in January the agency stopped by Rockstar's manufacturing plant in Livingston, Tennessee. During that inspection agents took samples of several of Rockstar's labels and found various labeling violations on them. Most of those alleged violations come down to one thing--Rockstar is promoting its coffee drinks as dietary supplements while also presenting them as food.
Under current FDA regulations a supplement is not considered a supplement if it's used as a meal or presented as a "conventional" food. The FDA finds that Rockstar's coffees, which come in 8, 16 and 24 ounce cans, are being peddled in just such a fashion. The agency cites Rockstar's use of verbiage like "refreshing beverage" and "coffee" as language that takes the drink from under the supplement umbrella and places it firmly in food territory.
The agency also has a problem with Rockstar's use of Ginkgo in its drinks. Ginkgo biloba may be a popular herbal remedy but it's not, says the FDA, an approved food additive. And that means that the FDA officially sees it as "unsafe" in food.
As is usually the case, Rockstar, Inc was given 15 working days to correct the alleged violations and respond to the FDA's letter. As of my visit to what I believe is Rockstar's official website, rockstar69.com, I found Ginkgo still listed as an ingredient on the site's Products page. Its Facebook and Twitter pages, which have both been updated today, also seem to be ignoring the release of the warning letter.?
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