Last week, the FDA announced it seeks comments on the “appropriate reference amount customarily consumed (RACC) and product category for flavored nut butter spreads (e.g., cocoa, cookie, and coffee flavored).” Under the Federal Food, Drug, and Cosmetic Act (FD&C Act), food intended for human consumption and offered for sale “must bear nutrition information that provides a serving size that reflects the amount of food customarily consumed.”

Ferrero U.S.A., makers of Nutella hazelnut spread, petitioned the FDA in 2014 asking it to issue a guidance recognizing that “nut cocoa-based spreads” fall within the “Honey, jams, jellies, fruit butter, molasses” category for purposes of RACC determination. Failing that, the company would like to see the FDA amend the regulation and establish a new RACC category for ‘nut cocoa-based spreads’ with an RACC of 1 tablespoon. Since 1993, Nutella has been listed in the “Other dessert topping” category with an RACC of 2 tablespoons based on a 1991 consumer survey showing most respondents used the product as a dessert topping. A more recent survey conducted just a few years by Ferrero revealed an overwhelming amount of consumers use the spread on bread and toast.

A rule published by FDA in late May of this year recognized a need for an RACC for hazelnut spread outside of the “dessert product” category. The current proposed rule attempts to establish an appropriate category for nut butter spreads.

The FDA’s public comment period remains open until January 3, 2017 and comments may be submitted here.