Judge approves injunction against New Jersey bakery

by Jeff Gelski
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WASHINGTON — Judge Dennis M. Cavanaugh of the U.S. District Court for the District of New Jersey has approved a consent decree of permanent injunction against Butterfly Bakery, Inc., Clifton, N.J., and its president, Brenda Isaac, for unlawfully distributing misbranded food products, the Food and Drug Administration reported March 13.

The consent decree restrains Butterfly Bakery and Ms. Isaac from processing and distributing food until the company complies with the Federal Food, Drug and Cosmetic Act and applicable regulations. The F.D.A., under the consent decree, may assess damages against Butterfly Bakery for any future violations of the law or consent decree.

According to the F.D.A., the F.D.A. and state officials tested Butterfly Bakery samples, such as muffins and snack cakes, over the years. Laboratory analysis revealed false and misleading labels. For example, products labeled as sugar-free contained sugar, certain products contained as much as three times the amount of labeled/declared sugar, two times the amount of labeled/declared fat and two times the amount of labeled/declared saturated fat.

“This injunction demonstrates that the F.D.A. will seek enforcement action against companies that mislead consumers on the products they purchase,” said Melinda K. Plaisier, acting associate commissioner for regulatory affairs for the F.D.A. “Until Butterfly Bakery meets F.D.A. regulations, it will no longer be able to process or distribute their products.”

Butterfly Bakery has not responded to requests for comment from Milling & Baking News.

On its Facebook page, Butterfly Bakery said it voluntarily had entered into a consent decree. The company said since receiving an F.D.A. letter dated May 31, 2011, it has been working with the F.D.A. and a team of technical and regulatory experts to improve the bakery’s processes and ensure compliance with all Butterfly Bakery products. The allegations involved 3 out of the company’s 45 items, according to Butterfly Bakery.

“We are confident that our product claims are true and we are continuing operations to satisfy our customer’s needs,” Butterfly Bakery said on its Facebook page.

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