(1) Negative labeling is allowed if it is unclear from the product name that the ingredient is not present. For example, the use of the term "no beef" on the label of "turkey pastrami" would further clarify that the product does not contain beef.

(2) Negative labeling is allowed if the statement is beneficial for health, religious preference, or other similar reasons. For example, highlighting the absence of salt in a product would be helpful to those persons on sodium-restricted diets.

(3) Negative labeling is allowed if the claims are directly linked to the product packaging, as opposed to the product itself. For example, flexible retortable pouches could bear the statement "no preservatives, refrigeration or freezing needed with this new packaging method."

(4) Negative labeling is allowed if such claims call attention to the absence of ingredients because they are prohibited in a product by regulation or policy. The statement must clearly and prominently indicate this fact, so as not to mislead or create false impressions. For example, "USDA regulations prohibit the use of preservatives in this product" would be an acceptable statement for ground beef.

(5) Negative labeling is allowed to indicate that absence of an ingredient when that ingredient is expected or permitted by regulation or policy. This could also apply to ingredients which are not expected or permitted by regulation or policy if the ingredients could find their way into the product through a component. For example, the use of "no preservatives" on the label of "spaghetti with meat and sauce" (where regulations do not permit the direct addition of preservatives) would be acceptable if the product contained an ingredient, such as cooking oil, which could contain antioxidants but do not.

These guidelines do not preempt the requirements of the nutrition labeling regulation. Therefore, negative claims such as "unsalted" would have to comply with the provisions stated in the nutrition labeling regulations.

See: Policy Memo 019B dated August 18, 1994