Under the Federal Food, Drug, and Cosmetic Act (the “FDCA”), any beverage container containing a nutrition or health claim must be approved by the FDA. If you promote your product in the United States, regardless of where it was produced, you might be held liable under the FDCA for false or misleading label representations. If the fda certificationfinds your claim to be “false and misleading,” it has the power to order you to stop selling the product with that labeling. In rare cases, the FDA may even ask the Justice Department to file criminal charges.