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Specialty supplements
All Containers›Shop by use case›Specialty supplements›Two reasons›Deemed a foodShop all specialty →
Two reasons

Deemed a food

By Dwight Davis, Founder

On this page13
"other than one which is a food." And a supplement is deemed to be one.

Paragraph (3) has a parenthesis in it

It requires regulations that the label on each package of a consumer commodity bear a common or usual name and, for a multi-ingredient commodity, the common or usual name of each ingredient in order of decreasing predominance.

With an exclusion

Other than one which is a food within the meaning of section 321(f) of title 21. So a food is outside paragraph (3).

And a dietary supplement is deemed to be a food

The concluding text of 21 U.S.C. 321(ff), which the adjacent botanicals property quotes, deems a dietary supplement to be a food within the meaning of that chapter, with two stated exceptions.

So paragraph (3) does not reach a supplement

The naming and ingredient requirements come from the food rules instead, which is a different body of regulation with different content.

Which is a routing provision rather than a requirement

It decides which scheme applies rather than what the label says, and getting it wrong means reading the wrong rules carefully.

Paragraph (3) also protects a trade secret

Nothing in it shall be deemed to require that any trade secret be divulged, which is a notable carve-out in an ingredient listing requirement.

And it does not reach the group this property is about

Which is worth saying so that nobody relies on a trade secret protection that sits in a paragraph a supplement is excluded from.

Paragraphs (1), (2) and (4) carry no such exclusion

So the size characterization, the price representation and the slack fill paragraphs reach consumer commodities generally.

Which is why the spine of this property is (1) and (4)

Those are the two that reach a supplement, and they are the two that are about the package.

The exclusion points at a different definition of food

Section 321(f) of title 21, which is the general food definition, rather than 321(ff) which defines a dietary supplement. The deeming clause in (ff) is what connects them.

So the route runs through two definitions

A supplement is deemed a food under (ff), a food is excluded from paragraph (3) by reference to (f), and the naming requirements come from the food rules instead.

Read the parentheses

Which is the transferable lesson. A single parenthesis moved an entire paragraph out of scope for this whole group.

References

15 U.S.C. 1454(c)(3), requiring regulations effective to "require that the label on each package of a consumer commodity (other than one which is a food within the meaning of section 321(f) of title 21) bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged;" The concluding text of 21 U.S.C. 321(ff), quoted in the adjacent botanicals property, deems a dietary supplement to be a food within the meaning of that chapter. law.cornell.edu
15 U.S.C. 1454(c)(1). The promulgating authority shall promulgate regulations effective to "establish and define standards for characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this paragraph shall not be construed as authorizing any limitation on the size, shape, weight or mass, dimensions, or number of packages which may be used to enclose any commodity;" The subsection is an authority to promulgate regulations rather than a packaging requirement in itself, and nothing here describes the content of any regulation made under it. law.cornell.edu
Written from 15 U.S.C. 1454(c) and from the catalog as it stood on 19 October 2026. That subsection authorizes regulations and is not itself a packaging requirement; nothing here describes the content of any regulation promulgated under it. Our capacity field is a volume and a powder is declared by weight, and we publish no bulk density, so the two cannot be reconciled from our data. Whether any ingredient in this group may be used is the new dietary ingredient question covered in the adjacent botanicals property and is not addressed here.