Powder Frozen Yogurt Mix in California

Powder yogurt mix in California

Powder yogurt mix in California

So, we have had a lot of questions regarding using powder mix in California.  There is a lot of confusion of whether it is legal or not to use.   Here is what we have found, please note that we are not attorneys, nor are we experts on the laws in California food and health:

Simple answer – powder yogurt mix is LEGAL to use

Problems have been in the way the product is marketed.  As you may know, pinkberry had some lawsuit years back regarding the method in which they were marketing the frozen yogurt product.  After investigation it seems that there was not enough live cultures or health benifits to be called frozen yogurt.  The problem wasnt that it was illegal to use, but more that it was misleading as far as the potential health benefits and the Plaintiffs basically wanted Pinkberry to come out and say the truth about the product they offered more as a desert then a “frozen yogurt”

According to this article:

http://www.justanswer.com/consumer-protection-law/3zekj-run-self-serve-frozen-yogurt-shop-san-jose-ca-frozen.html

CA state law specifically says that mix can be added to milk if the milk is pasteurized and the labelling requirements are met.

Another article you can get more information on the pinkberry suit and other cases is:

http://www.starling-fitness.com/archives/2007/05/08/is-pinkberry-really-frozen-yogurt/

What we gather is this:  If you are calling your product “frozen yogurt” you should consider using pre-made mix or finding a powder mix supplier and confirming the contents of live cultures and yogurt bacteria.  You should also provide this information to your customers so that they know what they are eating.  Some powder mix providers such as Nancys frozen yogurt mix claim to have live bacteria and yogurt cultures.

Hope this helps.

 

 

2 thoughts on “Powder Frozen Yogurt Mix in California

  1. Hello, I own two stores in California. I also know one of the Dairy Board members. While you may be able to split legal hairs in an argument in favor of powder Yogurt mixes, they are still illegal. Powder ice cream mixes and non dairy dessert mixes are okay, but if it is intended to be yogurt (a cultured or beneficial bacteria containing) or represented as such in any way to give the customer the impression then it is not legal. So if you are not marketing as yogurt, why go to the expense of providing a yogurt like product. (on a side note- I was recently on vacation in another state and tried a local fro-yo place and could definitely tell the difference. Less creamy and somewhat gritty.)

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