In the challenge, Olé Mexican Foods accused Gruma Corporation of misleading consumers about the health profile of its street taco size tortillas that make zero and low net carb claims by using a “deceptively small serving size that is inconsistent with” FDA regulations and industry practice. In the decision, NAD notes that Olé Mexican Foods and Gruma Corporation are the only companies that sell street taco size tortillas that make these claims.
Olé also accused Gruma of using “unreliable and inferior” testing to justify “zero net carbs” and “zero sugar” claims, which Gruma successfully refuted, but the back-and-forth underscores the importance of complying with FDA regulations.
Ultimately, NAD’s decision was splitting – siding with Olé to reinforce FDA regulations on some claims and siding with Gruma on others.
How large is a standard serving size for tortillas?
The serving size on which nutrient content claims are based was at the crux of the case.
According to NAD, Gruma based its zero net carb and other fat and sugar labeling claims on one 18-gram tortilla, while Olé and other competitors’ label claims are based on FDA’s standard serving size of two or three tortillas, depending on their size, for a total of about 55 grams.
“FDA labeling regulations state that if a single discrete unit (in this case one tortilla) weighs 50% or less than the reference amount, the serving size shall be the number of whole units closest to the reference amount for the product category,” which in this case would three tortillas, NAD explains in the decision.
Gruma countered that the FDA serving size regulations should not apply to its low- and zero-net carb tortillas because they are made with modified wheat starch instead of cornmeal or wheat flour like traditional tortillas. It also justified its serving size by pointing to claims on the pack that said the claims were per tortilla.
However, NAD noted the products were “clearly marketed as tortillas on the front and back of the packing” and therefore would need to follow FDA regulations and that consumers need to be able to compare products across brands easily, which requires a standard serving size.
“Consumers can reasonably understand that serving sizes on competing products in the same category are consistent. Accordingly, NAD determined that the zero net carbs, zero sugar and 1.5 gram total fat claims based on one tortilla serving size are misleading where the marketplace calls for adherence to FDA compliance ‘per serving’ calculation of net carbs, fat and sugar,” NAD reasoned.
Tortilla math: When do nutrient claims scale with serving size?
Gruma pushed back against pressure to discontinue claims because its serving size was smaller, noting that the same claims held true for a larger serving.
After reviewing Gruma’s testing, NAD agreed the “zero sugar,” “0G sugar” and “zero net carb” claims were supported for a 54-gram serving of Mission and Guerrero Zero Net Carb Original and Guerrero Zero Net Carb Chipotle tortillas but the calculations needed to be modified for the total carbs in a 54-gram serving minus the total dietary fiber for the same size serving. This did not extended to the Mission Zero Net Carb Sundried Tomato Basil Tortilla.
NAD’s decision also did not extend to the total fat claim. It explained the amount in one tortilla as a serving is less than three tortillas as a serving and should be discontinued.
While Gruma maintains its testing and evidence supports all of its claims, it agreed to abide by NAD’s recommendations, according to a statement included in the decision. It also noted that it previously decided to boost the serving size of its challenged products.