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The FDA has issued Guidance t0 help distinguish between a beverage and a supplement. It is non-binding but interesting, Your opinion>

Guidance for Industry: Distinguishing Liquid Dietary Supplements from Beverages

Available in PDF (224KB).

Contains Nonbinding Recommendations

Additional copies are available from:
Office of Nutrition, Labeling and Dietary Supplements, HFS-800
Center for Food Safety and Applied Nutrition
Food and Drug Administration
5100 Paint Branch Parkway
College Park, MD  20740
(Tel) 240-402-2373
http://www.fda.gov/FoodGuidances

Or

Office of Food Additive Safety, HFS-200
Center for Food Safety and Applied Nutrition
Food and Drug Administration
5100 Paint Branch Parkway
College Park, MD  20740
(Tel) 240-402-1200
http://www.fda.gov/FoodGuidances

You may submit written comments regarding this guidance at any time.  Submit electronic comments tohttp://www.regulations.gov.  Submit written comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.  All comments should be identified with the docket number listed in the notice of availability that publishes in the Federal Register.

U.S. Department of Health and Human Services
Food and Drug Administration
Center for Food Safety and Applied Nutrition 
January 2014

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