The startup has created a line of “Just Mayo” products that are eggless and made out of plants instead.
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Though there are unauthorized reports that a diet lower in cholesterol may reduce the risk of heart disease, the FDA said Hampton Creek can’t make a heart healthy claim because its products contain more than 13 grams of fat per labeled serving, or per 50 grams. Hampton Creek has yet to do so, and did not immediately respond to TIME’s request for comment. Hampton Creek’s situation raises the issue of how companies that serve up food alternatives-meat substitute producer Beyond Meat, for example, or those grocery store brands that tout seitan as “chicken”-should think twice about how to package their products in a way that is both recognizable and accurate”.
As a name, Just Mayo just won’t do. “However, your Just Mayo and Just Mayo Sriracha do not meet the definition of the standard for mayonnaise”, the letter said”.
The agency noted that the products might contain additional ingredients that are usually a part of mayonnaise, such as modified food starch.
“Unilever has made a decision to withdraw its lawsuit against Hampton Creek so that Hampton Creek can address its label directly with industry groups and appropriate regulatory authorities”, Mike Faherty, vice president for foods at Unilever North America, said at the time.
The FDA said the action had been sparked by a complaint, although it did not disclose in its correspondence with just-food nor in the letter to Hampton Creek the identity of the complainant. The suit follwed Procter & Gamble Co. suing Hello Products, charging that its toothpaste’s “99% Natural” claim was misleading given a batch of ingredients that were chemically processed, and Nestle suing Blue Buffalo for saying some of its products have no animal by-products or grain. The story pointed out that the concentrated lemon juice used in JustMayo as “lemon juice” on the label, which is in violation of FDA standards.
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If Hampton Creek can’t win its fight against the FDA, it should embrace its differences and call its product something that gets the point across in an inviting way. CEO Josh Tetrick later confirmed that the company had the wrong label, but said it had been fixed in March.
