Fortification Follies: the Jelly Bean Rule Resurfaces

At the end of last year, FDA sent a letter of complaint to The Coca-Cola Company regarding the legality of its Diet Coke Plus, alluding to the “Jelly Bean Rule” as perhaps a point of contention with the product.

But that didn’t stop 7UP from releasing its “antioxidant” beverage. And on Christmas day, both my wife and I found packages of Jelly Belly Sport Beans, infused with caffeine, electrolytes and vitamins B & C (“not recommended for children, teens or pregnant or nursing women” and “use additional beans as needed during activity” both clearly printed on the package...), in our stockings (great minds think alike...), which—from my vantage—stands in direct violation of said Jelly Bean Rule, which purports that fortification of typically nutrient-devoid snack foods and carbonated beverages is a no-no.

As proven healthful ingredients increasingly migrate into mainstream products—and it will continue to happen—it will be interesting to see how and when FDA steps in to voice an opinion on the matter. As long as the nutrients can remain efficacious over shelf life, I personally have no issue with low-level fortification of anything from Ho-Hos to Mr. Pibb and Cheese Puffs (with an eye to any potential negative impacts from overindulging in any one product, or combination of products, in a short period of time...). This thinking is supported by Neal Fortin’s Food Law website (scroll down to the “Soda vs. the Jelly Bean Rule” entry). However, I think that fortification will make much more sense in logical vehicles for specific nutrients (like upped levels of wine-derived resveratrol in a wine-reduction sauce, higher levels of probiotics and prebiotics in yogurt products, boosted fruit-derived phytochemicals in fruit juice, etc.—although beverages, breakfast cereals, nutrition bars and select other products—including those specifically for athletes—can get away with various levels of wide-ranging fortification), while continuing efforts to steer consumers into lifelong habits of proper dietary nutrition.

Let the fortification follies begin.