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, 11-Feb-2014
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Suja: HPP "destroys pathogens while preserving crucial vitamins, enzymes and nutrients"
Related tags: Cold pressed, Suja Life, BluePrint, HPP, High pressure processing, Juices, Hain
Celestial
Related topics: Food labeling and marketing, Trendspotter, Health & Wellness, Regulation,
Beverage, Healthy Foods, Prepared Foods, Fruit, vegetable, nut ingredients, Health and nutritional
ingredients, Views
High pressure processing (HPP) has breathed fresh life into the US juice market. But if
beverage firms are excited about the technology, so, it appears, are plaintiffs' attorneys,
who are starting to take issue with the way some HPP-treated products are being marketed.
So what can and cant you say about HPP-treated foods and
beverages without getting into legal hot water?
With respect to the word fresh on food labels, the law is clear*, an
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days, she adds: This artificial extension of the lifespan of the juice products violates the
fundamental principles underlying the raw food movement, consumers expectations, and industry
standards.
A direct and unavoidable result of the use of HPP is the destruction of the enzymes, nutrients,
probiotics, and minerals that, but for HPP, would be found in the juice products"
Avure Technologies: HPP products should be considered
raw
So is she right?
Not surprisingly, leading HPP provider Avure Technologies Inc
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claimed.
Indeed, says Errol Raghubeer, Ph.D., VP, microbiology & food
technology at Avure, one of the primary reasons firms use HPP rather than traditional
heat-pasteurization is precisely because key nutrients are not damaged.
He told FoodNavigator-USA: Under the HPP conditions used for the commercial application of
HPP to juice and other food products, vitamins such as ascorbic acid, niacin and folic acid in
orange juice; bioactive compounds such as chlorophyll and lutein in wheat grass; phytochemicals
polyphenol oxidase and pectin methyl esterase, among others, are not affected.
The FoodNavigator-USA
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William Reed Business Media
Asked about probiotics, he said: Most probiotic microorganisms (strains of lactic acid bacteria) are
such as chicoric and chlorogenic acids in Echinacea purpurea; and food enzyme systems such as
30-Sep-2014
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technical
details be the
key to
defending this
case, or will it
hinge upon
whether
Some raw juice firms are now making marketing capital out of the
fact that they dont use HPP. Marcus Antebi, CEO of Juice Press,
for example, says: The word raw is synonymous to users like us
with a higher grade truly fresh and highly perishable product.
Therefore the word raw [to describe HPP-treated juices] is
deceptive to me in its use.
reasonable
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consumers
would
consider
HPP-treated
juices to be 'raw'?
William Dance and Matthew Kaplan, LA-based attorneys at law firm Tucker Ellis LLP, told
FoodNavigator-USA that Suja could try to argue that primary jurisdiction applies (ie. the FDA
should weigh in on this issue), but noted that at the dismissal stage the case will "most likely hinge
upon whose definition of 'raw' seems more reasonable and whether, or how, that can be
demonstrated".
They added: "At one end of the spectrum is plaintiff; her definition is based on the views espoused
by believers in 'raw foodism'... At the other extreme is the view that raw simply means not cooked.
By all accounts, defendants products fall somewhere in between; its juice blends are not cooked,
but neither are they totally unprocessed."
However, Rebecca Cross, an attorney at San Francisco-based law firm BraunHagey & Borden
LLP, argued that consumers generally understand 'raw' to mean unheated, adding: "No reasonable
consumer could think that packaged juices are not processed in any way."
The judge, she said, should take inspiration from Pelayo v. Nestle USA Inc., et al (2:13-cv-0521), in
which the court dismissed with prejudice 'natural' allegations concerning Nestle's Buitoni pastas,
"finding no reasonable consumer could think that the products sprung from ravioli trees or tortellini
bushes".
What is high pressure processing?
HPP allows products to be treated in their final packaging, with flexible containers carrying the
product into a high-pressure chamber, which is flooded with cold water and pressurized.
The pressure causes lethal damage to the cellular structure of bacteria, molds and yeasts, but
maintain colors, textures, flavors and nutrients that can be damaged by heat treatment, enabling
firms to significantly increase the shelf-life of products and retain their clean-label credentials by
avoiding additives.
While the capex costs can be high for smaller manufacturers to buy their own HPP equipment, a
toll manufacturing infrastructure has built up whereby several companies will feed product into a
central HPP facility, said Manny Picciola, managing director and partner in L.E.K. Consulting's
Chicago office.
I think were just at the tip of the iceberg in terms of the potential for this technology. Its being
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