Food Labeling: Label Statements on Foods for Special Dietary Use; ``Useful Only in Not Promoting Tooth Decay'' Disclaimer

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The Food and Drug Administration (FDA) is denying the requests for a hearing on the objections to its final rule that amended the regulations on foods for special dietary use to conform them to the requirements of the Nutrition Labeling and Education Act of 1990 (the 1990 amendments). After reviewing the objections to the amendment and the request for a hearing, the agency has concluded that the objections do not raise an issue of material fact that justifies granting a hearing or revoking the agency's action. Nor have they convinced the agency that it is appropriate for it to revoke its action. The agency also received requests for a stay of the effective date of the final rule and for reconsideration of the decision concerning the use of the ``Useful Only in Not Promoting Tooth Decay'' disclaimer for ``sugar- free'' foods. FDA is denying these requests. FDA is confirming the effective date of the final rule.