Talk about qualified health claims!
In a letter dated February 14, 2012 (published online on August 14,) the FDA warns Hershey's that its labels for "Hershey's Syrup+Calcium" and "Hershey's Syrup Sugar Free with Vitamin and Mineral Fortification" are misbranded because they don't meet the nutritional requirements to make such claims.
The FDA has distinct definitions of "plus" and fortified" and doesn’t “consider it appropriate" to fortify snacks or sugary foods and carbonated beverages with vitamins and minerals. The FDA also said that Hershey's Syrup Genuine product was not an appropriate reference food for the other two types of syrups, because it does not include any of the added ingredients declared on the other products.
The labels now read as Hershey's Syrup with Calcium and Hershey's Sugar Free Chocolate Syrup.
Here’s the regulatory quandary – If you pour Hershey’s Syrup with Calcium over cholesterol-lowering Cheerios, is it a combination product?