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Bill Dance Comments in Food Navigator-USA on Propylene Glycol as "All Natural" Substance

January 2017
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Food Navigator-USA interviewed Bill Dance for its January 20 article, "Propylene Glycol in the Spotlight as Hint Water is Targeted in 'All-Natural' Lawsuit with a New Twist." The article focuses on a class action lawsuit filed in California on January 17 claiming that Hint Water's use of the term "all-natural" is deceptive due to the presence of propylene glycol - a common solvent in "natural flavors."

"It should be much easier to defend a 'natural flavor' suit because the FDA defines the term at 21 C.F.R. 101.22(a)(3)," Bill commented. "Provided the Hint, Inc. beverages at issue were produced in a manner consistent with that FDA rule, the manufacturer would be able to claim that the suit is preempted because it seeks to impose state laws that are different from and in addition to the federal regulatory scheme. Claims based on California's reasonable consumer test would likely fail for the same reason, preemption."

Read the article here.