The Food and Drug Administration (FDA ) is announcing the establishment of a docket to receive comments, particularly data and other information, on the appropriate reference amount customarily consumed (RACC) and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored), and products that can be used to fill cupcakes and other desserts, such as cakes and pastries. We are taking this action in part because we have recently issued a final rule updating certain RACCs, and we have also received a citizen petition asking that we either issue a guidance recognizing that “nut cocoa-based spreads” fall within the “Honey, jams, jellies, fruit butter, molasses” category for purposes of RACC determination; or amend the regulation to establish a new RACC category for “nut cocoa-based spreads” with an RACC of 1 tablespoon (tbsp.).
We also are taking this action in response to a request to amend our serving size regulations to establish an RACC and product category for cupcake filling.
The conclusion that “Nutella” belongs in the “Other dessert toppings, e.g., fruits, syrups, spreads, marshmallow cream, nuts, dairy and non-dairy whipped toppings” category with an RACC of two tbsp. was based on a consumer survey conducted in 1991 that showed a significant number of respondents used “Nutella” as a dessert topping, particularly for ice cream.
What do you think?
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