By

Michelle Castillo /

CBS News/ March 14, 2013, 4:17 PM

N.J. bakery shut down by FDA for mislabeling sugar, fat content

A cupcake from the Butterfly Bakery in Clifton, N.J.

A cupcake from the Butterfly Bakery in Clifton, N.J. / TheButterflyBakery.com

A Clifton, N.J. bakery has agreed to close after the Food and Drug Administration cited them for violating the law by claiming their products had less sugar and fat than they actually did.

Laboratory analysis showed that foods labeled as "sugar free" from The Butterfly Bakery actually had sugar and up to twice as much as the total fat than what was said on the label.

Butterfly Bakery and its president Brenda Isaac are banned from processing and distributing food until they comply with the Federal Food, Drug, and Cosmetic Act and applicable regulations, according to a news release.

On the Butterfly Bakery's website, Issac claims, "The Butterfly Bakery is here to make sure you can still live deliciously. We have been in the kitchen cooking up some new dietary restrictive treats that we can't wait to share. But let's take the word restrictive and replace it with indulgent... that's better. You deserve to indulge even if you are watching your sugar, staying away from gluten, counting calories or just making a lifestyle choice to eat healthier."

On Dec. 8, 2010, the FDA sent an inspector to collect samples of Butterfly Bakery's No Sugar Added Blueberry Muffins and Sugar Free Double Chocolate Chip Muffins.

Upon analysis, they discovered that the No Sugar Added Blueberry Muffins had more than 20 percent excess fat and saturated fat than listed on the label. One serving was supposed to have 3.5 g total fat and 0.5 grams saturated fat. Instead, an analysis revealed it had 9.44 g total fat. During a check analysis, it actually had 10.5 g total fat and 2.3 grams saturated fat, over 200 and 360 percent than what was listed respectively.

The Sugar Free Double Chocolate Chip Muffins was said to have 3.5 g total fat and 0.5 g saturated fat. What it actually had was 9.64 g of total fat and 2.72 g saturated fat. A check analysis revealed that the products had 9.95 g total fat and 1.84 g, still way above what the company was claiming.

In addition, both products did not label a major food allergen, milk, on their label. They also mislabeled the serving size.

All the misinformation listed were violations of Federal Food, Drug, and Cosmetic Act.

The FDA sent a letter to Butterfly Bakery in May 2011, and a consent decree of permanent injunction was issued on March 13.

The Butterfly Bakery admitted on their Facebook page they were aware of the FDA claims and voluntarily entered into the consent agreement. They pointed out that only three of the 45 items they sold were cited, and the items were only part of one of the five types of baked goods they made. The company added that it takes years for warnings and claims to be processed, and the items in question are no longer being produced.

"Butterfly Bakery wants to assure all of its customers that we take continuous pride in the integrity of our products while practicing good manufacturing and ensuring the safety and quality of our products. We are confident that our product claims are true and we are continuing operations to satisfy our customer's needs," they wrote.

The FDA said that this closure serves as a warning that the organization takes false claims on goods seriously.

"This injunction demonstrates that the FDA will seek enforcement action against companies that mislead consumers on the products they purchase," said Melinda K. Plaisier, the FDA's acting associate commissioner for regulatory affairs. "Until Butterfly Bakery meets FDA regulations, it will no longer be able to process or distribute their products."

© 2013 CBS Interactive Inc. All Rights Reserved.
14 Comments Add a Comment
linkicon reporticon emailicon
fred8780 says:
Good thing for Butterfly that they are in New Jersey and not New York City or Bloomberg's food gestapo would have beat the (fat and sugar) out of them!
reply
linkicon reporticon emailicon
javamon2 says:
Our wonderful government at work. Never mind the fungus-tainted steroids that killed scores and sickened hundreds. But we're damn good at shutting down the bakery because of poor labeling. Guess FDA needs a bigger budget...oh crap, more taxes!
reply
ge556 replies:
linkicon reporticon emailicon
You're being dishonest. They did shut down the pharmacy.
linkicon reporticon emailicon
foo8259 says:
That cupcake is butt ugly -- that isn't food.
reply
linkicon reporticon emailicon
onefeather2 says:
So they shut down because of too much sugar/fat..Oh but the meat we eat has all kinds of chemicals in it as do can foods and foods with dyes and chemicals to make foods have longer shelf life but that ok.... What a bunch of crap..
reply
JaggidEdje replies:
linkicon reporticon emailicon
lrn2read.

They shut down because they falsely labeled the sugar and fat content.

The quantity of sugar and fat wasn't the issue, the issue was that the label information was flat out a lie.
LayaliDancer replies:
linkicon reporticon emailicon
Speaking as a type 1 diabetic, I am happy that the FDA is taking businesses to task for misrepresenting their products on their posted nutrition information. I use such nutrition information for every food I eat, to determine how much insulin I ought to be giving myself (which depends on the grams of carbohydrates - grams of fiber = grams of counted carbohydrates). I also need to know the fat content, in order to judge over what time period my insulin bolus needs to occur (the more fat, the longer a food will take to digest, so I may need to space my meal bolus out over a longer time period, using an extended bolus). If I expect a food to be lower in fat than it is, I may bolus too much insulin up front, and end up being hypoglycemic first, then going much higher than expected, later.

Granted, I usually prefer to make stuff at home, so that I can measure and control what ingredients go into any food, and when eating out, I expect to be guesstimating and monitoring my blood glucose closely to make sure I stay on track. However, if a bakery specifically advertises a food as being appropriate for someone with a restricted diet, then I fully expect their posted nutrition information to be close to the actual nutritional content of the item.

It's particularly bad that they failed to list dairy on their label, too, given that they advertise the products as being for those with dietary restrictions.

As a consumer, you have the choice to avoid buying food that contains dyes and synthetic chemical preservatives, since the nutrition info and ingredient lists of foods produced in the U.S. clearly state the presence of such additives (imported foods have labels that are not subject to FDA monitoring, so they may not be accurate, in my experience). (Good markets and farmers' markets can be better places to find meat from animals raised humanely, without consumptions of pesticides or hormones that you might be trying to avoid.) It's a pity that so many people are uninformed or don't care about the harm such additives can do, but I, for one, am happy that I can make good choices based on accurate nutrition labeling.

Now if only cosmetic products were similarly labeled as to all of their contents, including chemicals used in "fragrance", which often contain allergens...
linkicon reporticon emailicon
frankothemountain says:
Did Michelle Obama have something to do with this? Or was it Bloomberg?
reply
linkicon reporticon emailicon
frankothemountain says:
I am ABSOLUTELY sure this is a personal beef. Jerry has the best analogy here. Those back drugs with the mold.... Those people should be strung up. Coward government.
reply
linkicon reporticon emailicon
BobForsberg says:
But our southern borders remain open to invasion of drug dealers, human traffickers and Middle Eastern terrorists out to destroy our country. With America supposedly "out of money" we seem to have our spending priorities wrong.

Close down a cookie place but ignore criminals.
reply
linkicon reporticon emailicon
Massresident says:
This is also why your kids can't open a lemon aid stand. How could they possably conform to these kind of regulations? And, of course, the really big companies, like those in health care, don't even have to tell you the price of anything they are selling or what the risks are. The big guys love rules that prevent competition from the corner bakery, etc.
reply
linkicon reporticon emailicon
jerryballew says:
So Pharmaceutical compounders can cause deaths for 80+ sufferers of back pain with contaminated Steroid compounds illegally mass produced, yet these people get shut down for "sugar/fat" mislabeling? Where's the justice in going after bakerys but a "hail Mary" for Pharmaceutical Scammers?
reply
ooqqoo replies:
linkicon reporticon emailicon
Do you even bother to do basic research on a subject before you go off spouting your nonsense? The compounding pharmacy was shut down and lost its permit. The pharmacists all lost their licenses and there are likely going to be criminal charges filed.
linkicon reporticon emailicon
cedaredge says:
What's needed here is a public lashing!
reply
See all 14 Comments
Scroll Left Scroll Right