U.S. Origin Statements on Seafood Labeling are Focus of FDA Guidance

The Food and Drug Administration is accepting comments by Dec. 28 on a draft guidance for industry providing examples of U.S.-origin statements in seafood product labeling that the FDA would consider to be truthful and not misleading. Affected products include both single-ingredient seafood and the seafood components of multi-ingredient foods.

U.S. law prohibits the introduction or delivery for introduction into interstate commerce of any food that is misbranded; e.g., if its labeling is false or misleading in any particular. Labeling is deemed misleading if, among other things, it fails to reveal facts that are material in light of representations made or suggested on the labeling.

In that context, FDA-regulated food products may bear U.S.-origin statements in their labeling – e.g., “U.S.-caught” or “U.S. farm-raised” – as long as those statements are truthful and not misleading and comply with other applicable statutory and regulatory requirements. The FDA’s draft guidance provides examples of such statements in seafood product labeling that it would consider truthful and not misleading. The FDA notes that those that choose to use U.S.-origin statements on their seafood products should be able to substantiate them.