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The survey was conducted among adults aged 18 and older, including an oversample of 300 African-American interviews, to reach a total of 400 African-American interviews

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These two behaviors accurately describe violations of FDA regulations, and accordingly may serve as a non-preempted basis of state law liability. But implied claims related to Vitaminwater's high-sugar content were preempted since federal regulations omit high sugar content as a "disqualifying nutrient level." Generally, the FDA prohibits the use of single-nutrient health claims in products that are high in bad stuff, known as disqualifying nutrient levels