magic mousse, inc. – FDA Warning Letter, Jun 15, 2011

On June 7-9 and 15, 2011, the FDA inspected Magic Mousse, Inc. dba Buttercream's processing facility in Saint Paul, Minnesota, and found significant deviations from food labeling regulations (21 CFR Part 101), causing their cake products to be misbranded under section 403 of the Federal Food, Drug, and Cosmetic Act.

Key violations include: 1. **Undeclared Major Food Allergens:** Labels fail to declare all major food allergens. For example, Carrot Cake contains wheat, egg, walnut, and milk, but these are not listed on the label, violating section 403(w) of the Act. 2. **Lack of Nutrition Information:** Retail product labels, such as for Carrot Cake, do not provide nutrition information as required by 21 CFR 101.9, violating section 403(q) of the Act. The firm has not filed for a Small Business Nutrition Labeling Exemption. 3. **Missing Statement of Identity:** Labels fail to bear the common or usual name of the food, violating section 403(i)(1) of the Act and 21 CFR 101.3. 4. **Missing Ingredient Declaration:** Labels do not list the common or usual name of each ingredient in descending order of predominance by weight, as required by section 40