Caffeine

What are the standards for natural flavors in organic foods, and why doesn't caffeine qualify?

By Lindsay Fernandez-Salvador

According to the National Organic Program (NOP) regulations, nonsynthetic flavors may be used in products labelled as “organic” or “made with organic (specified ingredients or food group(s))” if organic flavors are not commercially available. All flavors must be derived from organic or nonsynthetic sources only, and must not be produced using synthetic solvents and carrier systems, or any artificial preservative not provided for by §205.605(b). In the winter 2014 OMRI Materials Review newsletter, OMRI wrote that the Food and Drug Administration (FDA) considered caffeine to be a natural flavor and flavoring agent. However, it turns out that this is not the case. As explained in the 2014 article, natural flavors are defined in 21 CFR 101.22(a)(3) as an “essential oil, oleoresin, essence or extractive, protein hydrolysate, distillate, or any product of roasting, heating or enzymolysis, which contains the flavoring constituents derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf or similar plant material, meat, seafood, poultry, eggs, dairy products, or fermentation products thereof, whose significant function in food is flavoring rather than nutritional.” Although caffeine is a plant extract whose significant function in food is flavoring, it is not considered a natural flavor by the FDA, and OMRI’s previous article was incorrect. It is still true that caffeine is considered to be a flavoring agent per 21 CFR 170.3(o)(12) and it must be listed by its common and usual name (caffeine) on the food label, as applicable. 

Caffeine cannot be labeled as a natural flavor, even though in certain applications it may be considered a flavoring agent. Therefore, if caffeine is used as an ingredient in an “organic” or “made with organic” product, the following applies: 1) to be used in products labeled as “organic,” caffeine must be certified organic; and 2) to be used in products labeled as “made with organic ingredients,” caffeine would need to be considered agricultural and included in the 30% nonorganic portion of these products. OMRI has not explored the question of whether caffeine may be classified as an agricultural material, although one reading of NOP Guidance 5033-2 would result in an agricultural classification. Depending on how caffeine is manufactured, it may or may not be allowed as a nonorganic ingredient in “made with organic ingredients” products. Operators who want to formulate with caffeine should check with their certifier about the compliance of this ingredient in organic processed foods.

This article was originally published in the winter 2014 edition of the OMRI Materials Review newsletter, and was re-revised and updated in July 2021 by Technical Director Doug Currier.