Rachel K. recently bought her kids some Otter Pops as a summer treat. The variety she purchased, being a health conscious mother, was labeled “100% fruit juice.” For those unfamiliar with this item, they are plastic sleeves filled with juice that you serve frozen.

Looking at the ingredients statement, this sharp consumer noticed something completely unexpected.

*MOUSE PRINT:

That’s right, sugar! She rightfully asks how can this product advertise that it is 100% fruit juice when it has added sugar. In fact, the nutrition facts statement says it has three grams of added sugars. That means these pops have almost 50% more sugar than regular apple juice.

FDA regulations seems to require manufacturers to add a statement after a 100% juice claim if it contains non-juice ingredients. In the case of added sugar, it might have to be labeled “100% juice with added sweetener.”

21 CFR 101.30 (3) If the beverage contains 100 percent juice and also contains non-juice ingredients that do not result in a diminution of the juice soluble solids or, in the case of expressed juice, in a change in the volume, when the 100 percent juice declaration appears on a panel of the label that does not also bear the ingredient statement, it must be accompanied by the phrase “with added ___,” the blank filled in with a term such as “ingredient(s),” “preservative,” or “sweetener,” as appropriate (e.g., “100% juice with added sweetener”), except that when the presence of the non-juice ingredient(s) is declared as a part of the statement of identity of the product, this phrase need not accompany the 100 percent juice declaration.

When we questioned the FDA directly about products like Otter Pops, they indicated that this regulation only applies to beverages and thus is not applicable because this product is a frozen treat. In that case, less specific regulations apply, and the FDA spokesperson said the agency would likely accept the labeling as it currently appears.

However, the Center for Science in the Public Interest, said in comments to the FDA about a related regulation that “One hundred percent juice must be precisely that – 100% juice product from the fruit(s), exclusive of any other non-fruit juice ingredient, like added sugar.” And if does have added sugar, that fact must be clearly stated upfront.

We asked the company if they could understand how consumers are being misled by their front label and inquired on what basis they believed they were in compliance with FDA rules. A public relations spokesperson for Jel Sert, the manufacturer, responded:

“The Otter Pops label complies with the regulations promulgated under the U.S. Food and Drug Administration, with the label stating “with other ingredients added.” We are confident that our packaging is accurate and does not contain misleading information.”

In our mind, stating on the front label in small type that the product contains “other added ingredients” is insufficient to overcome the impression created by the phrase “100% fruit juice” in much larger letters. Most consumers would understand “100% fruit juice” as a product having no added sugar.