The unallowed color is Carmoisine (E122) - Acid Red 14.
“Colors are regulated differently from most ingredients,” food science consultant and founder of Cape Crystal Brands Ed McCormick told NTD. “They require batch certification in many cases, which is a higher regulatory bar. So, when a color is wrong, it’s a clean, objective violation. No gray area.”
The recal is applicable to one-hundred cases each of 2.8 ounce packages of Yoyo Gummy Assorted Flavor, Yoyo Gummy Tropical Flavor, and Yoyo Gummy Grape Plus Flavor.
The three cases contain 24 bags for a total of 7,200 gummies.
“Carmoisine (E122) is widely used in parts of Europe, so companies that source globally sometimes assume equivalency,” McCormick said. “U.S. color additive law is very specific. If it’s not approved here, it’s not allowed here. I see this a lot with imported candies.”
The 14 states in which the gummies were distributed include Arkansas, Georgia, Indiana, Kentucky, Maryland, Minnesota, Nebraska, New York, Ohio, Pennsylvania, Tennessee, Texas, Virginia, and Washington state.
“People often assume ‘not allowed means ‘proven dangerous,” McCormick said. “That’s partly true in some cases, but often it just means it was never petitioned and never reviewed under U.S. standards, or doesn’t meet the specific certification requirements here.”
In February, Lost and Found Energy Sour Gummy Bear flavor, sold nationally online, was also labeled with one of the FDA's three risk levels.
Concerns about the energy drink’s caffeine content being mislabeled led Fazt & Loud of Dallas, Texas, to recall the beverage, according to an FDA enforcement report.
The FDA slapped the withdrawn drink with a Level 3 risk alert.
“These discrepancies usually come to light when someone verifies whether the product actually matches its label claims,” McCormick added.
