And when you start combining the "intended use" doctrine with flavors and advertising....
Say goodbye to diketone-free flavors.
Or at least knowing how to determine which ones are diketone-free...
Because they won't be able to tell you.
That's a clear and obvious ramification of the "intended use" doctrine put into action.
But I seriously doubt that the "intended use" doctrine will hold up in court.
It may not, but it could tie up the process for years waiting on the courts. It's in their deeming regulation proposal nonetheless.
I don't think "diketones" will be a source of concern for the FDA. Diketones are ample in cigarettes and cigars yet they remain on the shelves. There's not even warnings about the chemical on cigarette packs.