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GOURMET NEWS NOVEMBER 2016 www.gourmetnews.com NEWS & NOTES 6 KIND Bars Healthy Again BY LORRIE BAUMANN The Food and Drug Administration has de- cided that the agency will not enforce a reg- ulation that the agency has interpreted to limit the use of the word "healthy" on food labels in a way that excludes products like some of KIND's nut and seed bars. The new guidance from the FDA represents only the agency's current thinking on this topic, and it's intended to fill a gap between changing understanding about the role of fats in a healthy diet and a regulation that many said was stuck in the past. Under the new guidance, FDA will allow foods to say they're "healthy" on their la- bels if they're not low in total fat but have a fat profile that's predominantly mono and polyunsaturated fats or contain at least 10 percent of the daily value of potassium or vitamin D in the amount of the food that would be customarily consumed. "We're encouraged by the speed of progress within the FDA and see this as a notable milestone in our country's journey to redefine healthy," said KIND Founder and CEO Daniel Lubetzky. This change in thinking comes partly as a result of KIND's urging the agency to take another look at the issue after the FDA sent the company a warning letter in March that the labels of its KIND Fruit & Nut Almond & Apricot, Kind Fruit & Nut Almond & Coconut, KIND Plus Peanut Butter Dark Chocolate + Protein and Kind Plus Dark Chocolate Cherry Cashew + Antioxidants bars were misbranded because the labels included the word "healthy." Under the FDA rules at that time, a food had to con- tain no more than 15 percent of its calories from saturated fat, and the agency noted that the products didn't meet that criterion. The FDA had a few other quarrels with the labels – among them that KIND had listed its address as its post office box instead of its street address. KIND fixed its labels to comply with FDA requirements, resulting in a stand-down from the agency with a closeout letter on April 20. "The FDA con- cluded that KIND satisfactorily addressed the violations contained in the warning let- ter," according to the agency. Following receipt of the closeout letter, KIND requested confirmation that it could use the phrase "healthy and tasty" in text clearly presented as the company's corpo- rate philosophy rather than in the context of an actual nutrient claim for any particu- lar product. "The FDA evaluates the label as a whole and has indicated that in this in- stance it does not object," the agency de- cided, and then followed up with a notice that the newest nutrition research, reflected in the "2015-2020 Dietary Guidelines," as well as a citizen petition requesting a reevaluation of regulations regarding nutri- ent content claims suggested that the time had come for the agency to take another look at the issue. KIND reinstated the word "healthy" on its wrappers. "Earlier this year, the FDA closed out a warning letter issued to KIND in March 2015 affirming that we could use healthy on our wrappers again – just as we had it before – in connection with our cor- porate philosophy," said Justin Mervis, KIND's Head of Regulatory Affairs. The agency's next step will be a re-eval- uation of the regulatory criteria for use of the implied nutrient claim "healthy" in light of the latest nutrition science and the current dietary recommendations and the seeking of input on how to update the ex- isting regulations for this claim. "The FDA has posed a number of important questions for comment, and in our continued efforts to advocate for public health, we're actively convening experts to help provide answers grounded in current nutrition science," Lu- betzky said. In the meantime, KIND won't be taking advantage of the FDA's decision not to en- force current rules, according to Mervis. "At the moment, we have no plans to use healthy in other contexts in reliance of the FDA's enforcement discretion," he said. "For us, healthy has always been more than just a word on a label – it's a commitment to making wholesome snacks that con- sumers can feel good about putting in their body." GN Garden Fresh Gourmet ® has launched a new line of fresh refrigerated soups in four everyday favorite flavors with a modern, ex- citing twist. Available in the refrigerated deli section of the grocery store, the new line of soups pushes the company, best known for salsas and dips, into a new category and of- fers consumers a new option that aligns with their demand for more delicious, in- gredient-rich fresh packaged foods. "Americans eat more than 10 billion bowls of soup each year, and the fresh re- frigerated soup category is growing rapidly as consumers seek products that taste great, but have fewer, high-quality ingredients," explained Todd Putman, General Manager, C-Fresh CPG. "Our new Garden Fresh Gourmet soups mark the first category ex- pansion for the brand since acquisition, and as we built this new line of soups, we were careful to adhere to the simple recipe instilled by the founders: gather the best in- gredients, combine them in the perfect way, and sell them at a reasonable price." Four SKUs include Chicken Noodle with Kale, Chicken Tortilla with Roasted Chilies, Broccoli Cheddar with Parmesan and Tomato with Parmesan. Garden Fresh Gourmet soups are crafted in small batches with no artificial flavors, sweeteners, or preservatives, and are free of bleached flour, MSG, partially hydrogenated oils, hy- drolyzed soy protein and high fructose corn syrup. The new product line is sold at gro- cery stores nationwide, and retail prices start at $5.99 for a 24-ounce container. GN New Refrigerated Soups from Garden Fresh Gourmet Following an October 11 roundtable dis- cussion with dairy producers near La Crosse, Wisconsin, Agriculture Secretary Tom Vilsacvvk announced that the U.S. De- partment of Agriculture (USDA) is offering to purchase $20 million of cheddar cheese to reduce a private cheese surplus that has reached record levels, while assisting food banks and other food assistance recipients. Cheese deliveries to food banks and other food assistance recipients are expected to occur beginning in March 2017. While USDA projects dairy prices to in- crease throughout the rest of the year, many factors including low world market prices, increased milk supplies and inven- tories, and slower demand have con- tributed to a sluggish marketplace for dairy producers and caused dairy revenues to drop 35 percent over the past two years. Section 32 of the Agriculture Act of 1935 authorizes USDA to pur- chase surplus food to benefit food banks and families in need through its nutrition assistance programs. "America's farming families are being called on to demonstrate their world-famous resourcefulness and re- silience in the face of this current market downturn, and USDA is mak- ing use of every tool that we have to help them," said Vilsack. "For dairy farmers, this has included $11.2 million in payments in August through the Dairy Margin Protection Program, in addition to the surplus purchase offers. While our analysis predicts the market will improve for these hardworking men and women, re- ducing the surplus can give them extra re- assurance while also filling demand at food banks and other organizations that help our nation's families in need. Farmers at other points in the supply chain are also re- ceiving a boost with over $7 billion in Agri- culture Risk Coverage and Price Loss Coverage payments for the 2015 crop year, which by design kick in when times are tough. As always, we continue to watch market conditions and will explore oppor- tunities for further assistance in the coming months. For producers challenged by weather, disease and falling revenue, we will continue to ensure the availability of a strong safety net to keep them farming or ranching." GN USDA Announces Plans to Purchase Surplus Cheese SkyRose Cattle Company is announcing the launch of sales of its all-natural, Cali- fornia-raised and harvested beef. Sales of the beef support America's veterans, partic- ularly through the rehabilitative work of the faith-based Serving California and Mighty Oaks Warrior Programs. SkyRose Ranch, with its 22,000 acres of pristine central California land, is a peaceful place of restoration. Serving Cal- ifornia's founder, B. Wayne Hughes, Jr., who is also the owner of SkyRose Ranch, recognized the healing nature of his property, first presenting it as a retreat for veterans who are suffering from post- traumatic stress and traumatic brain in- juries. Today, SkyRose Ranch is home to both the veterans programs offered by Serving California and the SkyRose Ranch Cattle Company. SkyRose Ranch is locally managed with a dedication to proper land and livestock management practices. Its cattle are free- range and grass-fed, with a grain finish for a more rich and flavorful taste. "SkyRose Cattle Company natural beef has great fla- vor, and I recommend it for meatloaf, burg- ers, grilling and stews," said Nick Nolan, Owner and Chef, Society Cuisine. For a limited time, Hughes is making a matching donation to Serving California with each box of beef sold by SkyRose Cattle Company in support of programs to combat the staggering statistic of 20 vet- erans committing suicide per day. SkyRose Cattle Company also offers the opportu- nity for individuals to donate beef boxes to be used during Serving California's vet- erans programs. With a donated box of beef, the meats will be set aside to feed service members participating in Mighty Oaks programs at SkyRose Ranch. Sky- Rose Cattle Company ships its beef only within California. GN SkyRose Cattle Company's Beef to Support Veterans

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