Misbranding

What It Means

Misbranding, as defined in Section 403 of the Federal Food, Drug, and Cosmetic Act, occurs when a food product's labeling is false or misleading in any particular way, when it is offered for sale under the name of another food, when required label information is missing, or when the label does not accurately represent the product's contents. Common forms of misbranding that lead to food recalls include failure to declare major allergens (the most frequent cause of food recalls in the U.S.), incorrect or missing nutrition information, false or misleading health claims, incorrect net weight or volume declarations, missing or incorrect manufacturer contact information, and use of a misleading product name. Under FALCPA, failure to declare a major food allergen on the label is considered misbranding and can trigger a Class I recall if the undeclared allergen poses a serious health risk. Misbranding is distinct from adulteration: adulteration relates to the safety or quality of the food itself, while misbranding relates to the accuracy and completeness of the label. However, a product can be both adulterated and misbranded simultaneously. The FDA enforces misbranding violations through warning letters, recalls, product seizures, and injunctions. Companies found to have intentionally misbranded food products may face criminal prosecution under federal law.