I can see it now…. A guy in a dark hoodie approaches you on the street, looks right, then left to make sure he hasn’t been followed, and then says, “Hey, buddy, want to buy some walnuts?”

Sounds pretty crazy, doesn’t it? But in yet another example of loony government regulations, here are some actual excerpts from a letter the U. S. FDA (Food and Drug Adminisration) wrote to Diamond Foods, a huge California-based nut grower.

  • “Based on our review, we have concluded that your walnut products are in violation of the Federal Food, Drug, and Cosmetic Act (the Act) and the applicable regulations in Title 21, Code of Federal Regulations (21 CFR).”
  • “Based on claims made on your firm’s website, we have determined that your walnut products are promoted for conditions that cause them to be drugs because these products are intended for use in the prevention, mitigation, and treatment of disease. The following are examples of the claims made on your firm’s website under the heading of a web page stating ‘OMEGA-3s … Every time you munch a few walnuts, you’re doing your body a big favor.'”
  • “Because of these intended uses, your walnut products are drugs within the meaning of section 201 (g)(1)(B) of the Act [21 U.S.C. § 321(g)(B)]. Your walnut products are also new drugs under section 201(p) of the Act [21 U.S.C. § 321(p)] because they are not generally recognized as safe and effective for the above referenced conditions. Therefore, under section 505(a) of the Act [21 U.S.C. § 355(a)], they may not be legally marketed with the above claims in the United States without an approved new drug application.”

It just gets crazier from there. Here’s a link to the letter on the FDA’s website. This is so idiotic that I’m guessing it’ll be taken down soon. If you can’t find it, email me and I’ll send you a pdf screen shot. http://www.fda.gov/iceci/enforcementactions/warningletters/ucm202825.htm