Diet Coke Plus - Warning Letter

Warning Letter

On December 10, 2008, the United States Food and Drug Administration wrote a Warning Letter to The Coca-Cola Company that Diet Coke Plus violates the Federal Food, Drug, and Cosmetic Act. The term "plus" is a regulated term on food and beverages. A food may be labeled "plus" to describe its nutrients only if it contains at least 10% more of the Reference Daily Intake or Daily Reference Value compared to the usual amount. Because Diet Coke Plus labeling does not indicate the increased amount of nutrients, it cannot use the word "plus" on its label. Regardless, snack foods, such as carbonated soda, may never use the word "plus" because the FDA does not consider it appropriate to fortify snack foods. The FDA required The Coca-Cola Company to detail corrective action within 15 days.

The Coca-Cola Company issued a statement saying, "This does not involve any health or safety issues, and we believe the label on Diet Coke Plus complies with FDA's policies and regulations."

When a food manufacturer or marketer violates federal regulations, the FDA generally will send a letter to the company. While the letters themselves are not legally binding, the FDA may take the company to court if it does not take corrective action.