[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR317.380]

[Page 236-237]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 317_LABELING, MARKING DEVICES, AND CONTAINERS--Table of Contents
 
                      Subpart B_Nutrition Labeling
 
Sec. 317.380  Label statements relating to usefulness in reducing
or maintaining body weight.

    (a) General requirements. Any product that purports to be or is 
represented for special dietary use because of usefulness in reducing 
body weight shall bear:
    (1) Nutrition labeling in conformity with Sec. 317.309 of this 
subpart, unless exempt under that section, and
    (2) A conspicuous statement of the basis upon which the product 
claims to be of special dietary usefulness.
    (b) Nonnutritive ingredients. (1) Any product subject to paragraph 
(a) of this section that achieves its special dietary usefulness by use 
of a nonnutritive ingredient (i.e., one not utilized in normal 
metabolism) shall bear on its label a statement that it contains a 
nonnutritive ingredient and the percentage by weight of the nonnutritive 
ingredient.
    (2) A special dietary product may contain a nonnutritive sweetener 
or other ingredient only if the ingredient is safe for use in the 
product under the applicable law and regulations of this chapter. Any 
product that achieves its special dietary usefulness in reducing or 
maintaining body weight through the use of a nonnutritive sweetener 
shall bear on its label the statement required by paragraph (b)(1) of 
this section, but need not state the percentage by weight of the 
nonnutritive sweetener. If a nutritive sweetener(s) as well as 
nonnutritive sweetener(s) is added, the statement shall indicate the 
presence of both types of sweetener; e.g., ``Sweetened with nutritive 
sweetener(s) and nonnutritive sweetener(s).''

[[Page 237]]

    (c) ``Low calorie'' foods. A product purporting to be ``low 
calorie'' must comply with the criteria set forth for such foods in 
Sec. 317.360.
    (d) ``Reduced calorie'' foods and other comparative claims. A 
product purporting to be ``reduced calorie'' or otherwise containing 
fewer calories than a reference food must comply with the criteria set 
forth for such foods in Sec. 317.360(b) (4) and (5).
    (e) ``Label terms suggesting usefulness as low calorie or reduced 
calorie foods''. (1) Except as provided in paragraphs (e)(2) and (e)(3) 
of this section, a product may be labeled with terms such as ``diet,'' 
``dietetic,'' ``artificially sweetened,'' or ``sweetened with 
nonnutritive sweetener'' only if the claim is not false or misleading, 
and the product is labeled ``low calorie'' or ``reduced calorie'' or 
bears another comparative calorie claim in compliance with the 
applicable provisions in this subpart.
    (2) Paragraph (e)(1) of this section shall not apply to any use of 
such terms that is specifically authorized by regulation governing a 
particular food, or, unless otherwise restricted by regulation, to any 
use of the term ``diet'' that clearly shows that the product is offered 
solely for a dietary use other than regulating body weight, e.g., ``for 
low sodium diets.''
    (3) Paragraph (e)(1) of this section shall not apply to any use of 
such terms on a formulated meal replacement or other product that is 
represented to be of special dietary use as a whole meal, pending the 
issuance of a regulation governing the use of such terms on foods.
    (f) ``Sugar free'' and ``no added sugar''. Criteria for the use of 
the terms ``sugar free'' and ``no added sugar'' are provided for in 
Sec. 317.360(c).

[58 FR 664, Jan. 6, 1993; 58 FR 43788, Aug. 18, 1993, as amended at 58 
FR 47627, Sept. 10, 1993; 58 FR 66075, Dec. 17, 1993; 60 FR 196, Jan. 3, 
1995]