Marshmallow eggs manufacturer receives FDA warning

Posted on July 6, 2011 by


The FDA conducted an inspection of Buddy Squirrel in Wisconsin on February 24-25, 2011. During the inspection the FDA investigator obtained the labeling of several of your products, including Marshmallow Eggs-Milk (bulk), Chocolate Covered Marshmallow Eggs (retail 5 oz. package), Vanilla Caramels-Dark, and Cheezzzy Cheese Corn (retail).

The Marshmallow Eggs-Milk (bulk) and Vanilla Caramels-Dark products are misbranded because the labels fail to declare the presence of soybean, a major food allergen.

The Chocolate Covered Marshmallow Eggs (retail 5 oz. package) is misbranded because the label fails to bear an adequate common or usual name of the food.

The company applied stickers to the back of the Chocolate Covered Marshmallow Egg packages that read either “Dark Marshmallow Eggs” or “Milk Marshmallow Eggs” and FDA investigators determined that the company use semi-sweet chocolate or milk chocolate accordingly in the manufacture of these products. The statement of identity on the principal display panel (PDP) of the package fails to identify the products as either dark chocolate or milk chocolate. FDA also note that “chocolate” and “milk chocolate” are standardized foods.

The Vanilla Caramels-Dark are misbranded because it is fabricated from two or more ingredients, but the labeling fails to bear a complete list of all the ingredients by common or usual name in descending order of predominance by weight as well as all sub-ingredients and the label for Vanilla Caramels-Dark declares evaporated milk and cream powder as ingredients. However, the specific sub-ingredients of these ingredients is not listed.

The requirement to list component ingredients (or “sub-ingredients”) may be met by either parenthetically listing the component ingredients after the common or usual name of the multi-component ingredient, or by listing the component ingredients without listing the multi-component ingredient itself. Under the first alternative, the component ingredients must be listed in descending order of predominance within the multi-component ingredient; and under the second alternative, the component ingredients must be listed in descending order of predominance in the finished food.

The Cheezzzy Cheese Corn (retail) is misbranded because the product label fails to provide an accurate serving size.

The company should respond in writing within 15 working days.

Latest multi-state ham recall here.

Posted in: food safety, kitchen