Bebida Beverage Co has said it is ready to comply with the US Food & Drug Administration after a recent warning, but added that some of the contentions may have been "caught up in semantics".

Last month, the FDA ruled that BeBevCo's Koma Unwind "is adulterated" because it contains melatonin, a hormone that is only allowed to be packaged and sold in supplement form, and is not approved for use in food and beverages by the FDA.

In a letter to shareholders yesterday, BeBevCo's CEO Brian Weber said the FDA letter referred to the company's previous packaging and that it had been changed last year to address the issue.
"We have always contested our product is a dietary supplement," Weber said.

However, Weber added: "One of the other contentions is our website had the word 'beverage'. We all sometimes get caught up in semantics. You can drink a beverage, but a beverage cannot be a dietary supplement. You can drink a dietary supplement but it can’t be called a beverage."

The CEO said the company is launching a new website on 1 May that "will take these sensitive issues into consideration".

Another FDA concern was the lack of BeBevCo's physical address on the can, a necessity for dietary supplements unless the company can be found in the local directory. However, Weber said BeBevCo uses a cable phone system, and is not in the traditional telephone directory.

"Last August, our package underwent a five-year celebratory upgrade that included what we thought was everything," Weber said. "However, with, of all things, a change in office phone systems, we are back at the drawing board."

In December, BeBevCo said it would pay its shareholders a 5% stock dividend, the first in the company's history.