The New York state Attorney General’s office has issued a warning to the company behind SmartCandy—a “vitamin infused” gummy snack -- that claims to contains vitamins to "give your brain a boost."
A candy that makes you smarter is probably too good to be true, but Snap Infusion LLC, the company that manufacturers the candy snacks, may be violating state and federal regulations with false advertising, according to a letter from the office of New York Attorney General Eric Schneiderman, obtained by Consumerist.
“This Office is concerned that the SmartCandy advertising and marketing misrepresents the nutrition and health benefits of SmartCandy and makes claims which it lacks substantiation,” reads the letter, dated April 10.
The Attorney General cites the fact that although SmartCandy calls itself a “vitamin infused snack,” the Food and Drug Administration “does not “consider it appropriate to fortify… snack foods such as candies and carbonated beverages.” Companies can only make such claims on added vitamins, not from the fruits depicted on the snack’s packaging—but clearly cites that the snacks do not contain enough fruit to adequately supply “Vitamins A + B + C.”
SmartCandy may also be misleading consumers with its packaging which shows fruit, like oranges and strawberries, but, but according to the ingredients, only white grape juice concentrate and “dried orange or strawberry powder” for flavoring are the closest real fruit.
And while Snap Infusion LLC claims SmartCandy passes USDA guidelines to be served as a snack in schools, the Attorney General’s office says that, with 5 grams of sugar per 14 gram serving, the gummy snacks do not actually qualify for nutrition school guidelines.
The New York Attorney General’s office is requesting written copies of all SmartCandy advertisements, marketing materials, broadcast announcements and Internet communications as well as any substantiation for the claims that the snack is “natural” and meets USDA guidelines to served in schools by April 20.