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narrower approach. To illustrate this view, Appendix H contains a summary of State requirements for names of frequently cited food commodities. The issue is addressed further in the discussion of FDCA Section 403(i)(1) (common or usual names).

Finally, the Committee reached all but a very few of its conclusions through consensus. There were several instances in which strongly held views of individual members kept the Committee from reaching complete agreement. When this occurred, the text expresses both views. The Committee's final conclusions on these matters reflect the view of a majority of its members.


FDCA Section 403(b) states that a food is misbranded "if it is offered for sale under the name of another food."

Federal Requirements

Section 403(b) is characterized as a general provision of FDCA Section 403, derived from the 1906 PFDA. Among other requirements, the 1906 Act provided that a food shall not be deemed to be misbranded

in the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced.

Section 403(b) was a noncontroversial holdover from the 1906 Act that represents a generalized statement of the type of requirement that has been expanded in more specific provisions of FDCA Sections 403(g) and (i)(1). The distinction between FDCA Section 403(i)(1) [common or usual names], and Section 403(b) is ambiguous. When FDA has charged manufacturers with violations of FDCA Section 403(b), it has usually done so together with other provisions of FDCA Section 403. The use of multiple sections of FDCA in bringing legal actions reflects, among other things, the duplication among the several misbranding provisions. Section 403(b) also protects against some of the same concerns as those addressed in FDCA Section 402, the economic adulteration provision. The intent of FDCA Section 403(b) is to prohibit the use of misleading names of foods when there is no common or usual name or definition and standard of identity for a food. (For

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