The FDA Certification must approve any beverage container with a nutrition or health claim under the Federal Food, Drug, and Cosmetic Act (the “FDCA”). If you market your product in the United States, regardless of where it’s made, you could be held accountable under the FDCA for making sure your label statements are true and not misleading. If the FDA determines that your claim is “false and deceptive,” it has the authority to require you to stop selling the product with that labeling. In some situations, the FDA may even request that the Department of Justice seek criminal charges.