FDA WARNING_LETTER - KIND, LLC - October 31, 2014

The FDA issued a Warning Letter to Kind, LLC on March 17, 2015, following a review of product labels in August 2014 and the company's website in October 2014. The letter identifies significant violations of the Federal Food, Drug, and Cosmetic Act (the Act) and its implementing regulations (21 CFR 101) for Kind Fruit & Nut Almond & Apricot, Kind Fruit & Nut Almond & Coconut, Kind Plus Peanut Butter Dark Chocolate + Protein, and Kind Plus Dark Chocolate Cherry Cashew + Antioxidants products.

The primary violations include misbranding due to unauthorized nutrient content claims. Specifically: 1. **Misleading "Healthy" Claims:** Products were labeled with implied "healthy" claims (e.g., "Healthy and tasty") but exceeded the saturated fat limits (1g per RACC and 15% of calories from saturated fat) required for such claims under 21 CFR 101.65(d)(2). For example, Kind Fruit & Nut Almond & Apricot contained 3.5g saturated fat per 40g. 2. **Improper Use of "+" (Plus) Term:** The "plus" term in product names (e.g., "Kind Plus Peanut Butter Dark Chocolate + Protein") constituted a nutrient content claim but lacked the required disclosure of a reference food and the percentage increase in nutrients, as per 2