Six Years To Define "Breath Mints" At The FDA

Regulation Policy

Six Years To Define "Breath Mints" At The FDA

What is the appropriate "reference amount" for breath mints "per freshening occasion" in the course of "breath malodor elimination?" In other words, what is the "serving size" of a Tic Tac or Certs? It took the Food and Drug Administration six years studying this weighty problem before reaching a conclusion.

To comply with the Nutrition Labeling and Education Act, the agency had to come up with a serving size to be included on breath mints' nutrition label.

First, the FDA decided breath mints were in the category of hard candies -- with 15 grams being the appropriate single serving.

But that would mean eating a whole package at one time.

So then it determined that the amount should be 2 grams -- equivalent to one full-sized Certs or Breath Saver.

But lawyers for Tic Tac objected, pointing out that this would be five Tic Tacs -- and suggesting 0.5 grams or less, about the weight of one Tic Tac.

Enter full-size breath-mint lawyers, deeply concerned that labels for their clients' products would have to state that consumers would have to crunch four of their mints to achieve fresh breath. They trotted out the "waffle argument" -- contending that even though waffles have been miniaturized, there is only one reference amount for them, 85 grams.

Tic Tac establish in two consumer surveys that users placed "one breath mint in their mouth per freshening occasion." This somehow led the FDA to study jelly beans.

"A person may eat 10 jelly beans within a few minutes, but may only put one piece in his or her mouth at a time and finish eating one before eating another. This situation would still represent 10 jelly beans eaten during a single eating occasion," the agency theorized.

In the end, the FDA decided to change the serving size to one unit, which would reflect the actual weight of one mint. Commented a FDA serving-size specialist: "The consumer has to decide if the product works for them."

Source: Cindy Skrzycki, "Sizing Up Breath Mints Leaves a Bad Taste in Some Mouths," Washington Post, January 16, 1998.

Home | Support Us | All Issues | Social Security | Debate Central | Contact Us
Dallas Headquarters: 12770 Coit Rd., Suite 800 - Dallas, TX 75251-1339 - 972/386-6272 - Fax 972/386-0924
Washington Office: 601 Pennsylvania Ave. NW, Suite 900 South Building - Washington, DC 20004 - 202/220-3082 - Fax 202/220-3096
© 2001 NCPA