DP
On December 10, 2008, the United States Food and Drug Administration wrote a Warning Letter to The Coca-Cola Company that Diet Coke Plus violates the Federal Food, Drug, and Cosmetic Act.[3] The term "plus" is a regulated term on food and beverages.[3] A food may be labeled "plus" to describe its nutrients only if it contains at least 10% more of the Reference Daily Intake or Daily Reference Value compared to the usual amount.[3] Because Diet Coke Plus labeling does not indicate the increased amount of nutrients, it cannot use the word "plus" on its label.[3] Regardless, snack foods, such as carbonated soda, may never use the word "plus" because the FDA does not consider it appropriate to fortify snack foods.[3] The FDA required The Coca-Cola Company to detail corrective action within 15 days.[3]
The Coca-Cola Company issued a statement saying, "This does not involve any health or safety issues, and we believe the label on Diet Coke Plus complies with FDA's policies and regulations."[4]
When a food manufacturer or marketer violates federal regulations, the FDA generally will send a letter to the company.[4] While the letters themselves are not legally binding, the FDA may take the company to court if it does not take corrective action.[4] The drink was discontinued in November 2011.
