Watermelon Water – New Fad, but FDA Approved?

ABC news and other media outlets are reporting on a new beverage fad – watermelon water. Before jumping on the bandwagon, it is important to ask is this FDA approved? The FDA offers guidance and regulations which stipulate when a beverage is a conventional food item and when it is a dietary supplement. This distinction is important because the classification limits both what ingredients can be added and what claims can be said about the product.

Claims will be a particular issue for this product as it is often marketed towards men claiming benefits of sexual performance or effects on the prostate. Such claims receive strict scrutiny and must comply with the structure function rule set by the US FDA. Other regulations could also be in-play. For example, the more strict juice regulations could be implicated for some products depending on how the product is described.

Thinking about joining the trend and selling watermelon water/juice? Call us today for a free consultation on what is involved to enter the market and avoid recalls, adverse events, or other FDA enforcement actions.

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Marc is dedicated to helping his clients navigate the complex world of FDA and USDA legislation. He represents FDA-regulated companies in the food, dietary supplement, beverage, cosmetic, medical device, and drug industries.

Marc is the author of two textbooks and a lecturer at Northeastern University. He is a member of the Washington State Bar Association and the D.C. Bar Association.

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