The product name, typically a standard name or a common or usual name of the food, is used for the product identity statement (eg, orange juice). Sometimes an appropriately descriptive term (eg, taco seasoning) or a fanciful name (eg,

Coca-Cola®) commonly used by the public for the food is allowed.

Form of Food. If a food is marketed in various forms (eg, whole, sliced, diced), the form of the food is a necessary part of the product identity statement. If the form of the food is visible through the container (eg, whole pickles in a clear jar) or it is depicted by an appropriate vignette, the particular form does not need to be stated.

Imitation Foods. If a food is an imitation food, the word "imitation" must be used as part of the product identity statement, immediately preceding the name of the food.

Juice-Containing Beverages. Special rules affect how beverages containing fruit or vegetable juices may be named. The following rules highlight some of the issues to consider:

• If a product contains less than 100% but more than 0% juice and the product name includes the word "juice," the name must also include a term such as "beverage," "cocktail," or "drink."

• If a product name specifically identifies a juice that has been reconstituted, the name must also include a qualifying term, such as "from concentrate" or "reconstituted."

• On a 100% juice or a diluted juice product, if specific juices are identified as part of the product name (or elsewhere outside of the ingredient list), either the juices must be listed in descending order of predominance by volume, or their relative predominance must be shown by other means. For example, a juice name could be combined with "flavored" to indicate a nonpredominant juice.

• When a label for a multiple-juice product represents that particular juices are present but does not identify all juices in the product, the label must reveal that other juices are present (eg, "... in a blend of two other juices").

In addition to the product name requirements, beverages that contain, or appear to contain, fruit or vegetable juice are subject to requirements for percent-juice labeling.

Characterizing Ingredients. Labels on some products may be required to include information about characterizing ingredients in the product identity statement. An ingredient is considered a characterizing ingredient when the proportion of an ingredient present in a food has an influence on the price or consumer acceptance of the product, or when labeling may create an erroneous perception (eg, pictorials depicting an ingredient).

The required information may be:

• The percentage of a characterizing ingredient

• The presence or absence of a characterizing ingredient

• The need for the consumer to add a characterizing ingredient

For example, foods packaged for use in preparing main dishes or dinners (eg, spaghetti dinner kit) require information about the need to add ingredients.

Characterizing Flavors. If the product labeling, advertising, or both make a direct or an indirect representation of any recognizable flavors through words or pictorial, the flavor is considered a characterizing flavor. A characterizing flavor must be incorporated into the product identity statement. For example, depiction of vanilla beans on an ice cream carton would trigger the inclusion of "vanilla" in the product name (eg, vanilla ice cream). The word "flavored" or "artificial" may have to accompany the name of the flavor in certain circumstances.

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