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Protected: April 2018

Calorie Control Council Digest

CCC’s Monthly Digest serves to inform its members of developments from the previous month concerning topics of interest to the Council. Below are highlights which cover past, current, and on-going regulatory updates, industry & consumer issues, and Council activities from April, 2018.
US Policy and Regulatory Updates
  • FDA to Host Webcast on Predictive Toxicology Roadmap on May 10
  • Senate and House Introduce Food Labeling Modernization Act
  • USDA to host Public Meeting Ahead of 41st Codex Alimentarius Commission
  • Pennsylvania Lawmaker Introduces Bill to Invalidate Philadelphia Soda Tax
  • Consumer and Health Groups Urge Trump Not to Misuse Trade Talks to Undermine Nutrition Labeling
  • Secretary Perdue Announces New Senior Leaders at USDA Agencies
International Policy and Regulatory Updates
  • UK Rolls Out Sugar Tax
  • South Africa Implements Sugar Tax
  • EU Releases Proposal to Boost Trust in Food Safety Studies
  • Health Canada Approves Erythritol for Use in Food Thickener Products
  • Conflicting EU Regulations Incite Questions over Sweetener Claims
Council Updates 
  • CCC to Host its Mid-Year Meeting
  • CCC Participates in FBIA Meetings with FDA and OMB
  • FoodNavigator Webinar: Sweeteners and Sugar Reduction
Communications Updates
  • General Program
  • Working Groups

 

 

US Policy and Regulatory Updates 

 

FDA to Host Webcast on Predictive Toxicology Roadmap on May 10
On May 10, the U.S. Food and Drug Administration (FDA) will be hosting a webcast on May 10 from 12 pm to 1 pm US ET entitled “FDA’s Predictive Toxicology Roadmap: Implications and Opportunities for Stakeholders”. This webcast is part of FDA Grand Rounds – a series taking place every other month to highlight research underway across the Agency. The May 10 webcast will be presented by Dr. Suzanne Fitzpatrick, a senior advisor for toxicology at FDA’s Center for Food Safety and Applied Nutrition (CFSAN). The presentation will cover the six-part framework of FDA’s Predictive Toxicology Roadmap and discuss the integration of new predictive toxicology methods into safety and risk assessments of products. As noted by FDA, while modern breakthroughs in testing systems may enhance the Agency’s ability to quickly and more accurately predict potential toxicities, they also “hold the potential for replacing, reducing, and/or refining animal testing.”

Click here for more information and here to register for the webcast.

Senate and House Introduce Food Labeling Modernization Act
On April 11, the Center for Science in the Public Interest (CSPI) released a statement announcing and endorsing the introduction of the Food Labeling Modernization Act (FLMA) by Senators Richard Blumenthal (D-CT), Sheldon Whitehouse (D-RI), and Ed Markey (D-MA). Companion legislation was introduced in the House of Representatives a week prior by Representatives Frank Pallone, Jr. (D-JN) and Rosa DeLauro (D-CT).

The FLMA addresses several elements in FDA’s new Nutrition Innovation Strategy. The FLMA’s signature initiative will task the Secretary of the Department of Health and Human Services (HHS) with establishing a single, standard front of package nutrition labeling system for all products which require nutrition facts panels. The bill will also target misleading marketing trends, and specifically will require that new guidelines be published for the use of the words “healthy” or “made with whole grain.” It also requires the percent daily values for calories and sugar, as well as the amount of sugar not naturally occurring be listed on the Nutrition Facts label.

Staff will monitor for updates regarding movement of the bill through the House and Senate.

USDA to host Public Meeting Ahead of 41st Codex Alimentarius Commission
In a Federal Register (FR) notice published April 12, the U.S. Department of Agriculture (USDA)’s Office of Trade and Foreign Agricultural Affairs announced a public meeting on May 31 from 1 – 4 p.m. US ET to provide information and discuss agenda items and draft U.S. positions to be discussed at the 41st Session of the Codex Alimentarius Commission (CAC), which takes place July 2-6 in Rome, Italy. Documents for this meeting can be accessed here. Attendees may register to attend the public meeting by emailing [email protected] by May 29. A conference line will also be available.

Of interest to members, CAC will be asked to adopt recommendations from the Codex Committee on Food Additives (CCFA) regarding Steviol Glycosides. Staff is considering participating in this meeting and is following up with the US delegation to CCFA for relevant updates.

Pennsylvania Lawmaker Introduces Bill to Invalidate Philadelphia Soda Tax
On April 14, a local Philadelphia news outlet reported on a bill introduced in the Pennsylvania General Assembly that would essentially negate the Philadelphia Soda Tax. The bill, introduced April 9 by Mark Mustio (R-Allegheny), would ban local jurisdictions from imposing taxes on food, beverages or containers for either. As noted in a memo accompanying the bill, Mustio argued, “Singling out one economic sector with an unfair tax that is twenty-four times higher than the tax on beer is, at best, nonsensical,” and urged that, “It is critical that we help the city maintain access to fresh foods and groceries, while also protecting the thousands of jobs in the industry.”

Debates over the future of soda taxes continue throughout the country, and are complicated by studies such as that conducted by Drexel University released last month that found Philadelphia residents were 40 percent less likely to drink sugary soda compared to residents of nearby cities (see publication update below). However, the article notes in Berkeley, California, a large study found minimal impact on the financial health of chain grocers on either side of the geographic area.

Consumer and Health Groups Urge Trump Not to Misuse Trade Talks to Undermine Nutrition Labeling
According to an April 18 article published by CSPI, a coalition of health, consumer, and religious organizations as well as physicians and nutrition researchers submitted a letter to U.S. Trade Representative Robert Lighthizer as well as a letter to Members of Congress urging the Trump administration to withdraw a proposal from the North American Free Trade Agreement that “would obstruct member countries from developing mandatory front-of-package nutrition labeling systems.” The letters state that the Trump proposal “is emblematic of the abuse of trade agreement negotiations to undermine non-discriminatory consumer protections and harm public health.” The proposal was first disclosed by The New York Times last month, as reported in CCC’s March Alert, and comes at a time when Canada and Mexico are both considering their own front-of-package labeling systems.

Secretary Perdue Announces New Senior Leaders at USDA Agencies
On April 19, the USDA published a release announcing U.S. Secretary of Agriculture Sonny Perdue’s selection of several senior leaders as described below with additional background.

  • Ken Isley, Federal Agricultural Services (FAS) Administrator – Isley served as Vice President, General Counsel, Secretary of Dow AgroSciences, and was a member of Dow AgroSciences’ Corporate Management Committee. Isley was also Associate General Counsel of Dow, with oversight of Dow’s Latin America Legal group.
  • Joel Baxley, Rural Housing Service (RHS) Administrator – Baxley comes to the USDA with 23 years of real estate finance experience, including 13 years providing valuations of complex property types.
  • Martin Barbre, Risk Management Agency (RMA) – Barbre owns and operates Chestin Farms and grows 6,000 acres of corn, soybeans, wheat, grain sorghum, and alfalfa, as well as specialty crops. He is a past president of the National Corn Growers Association Corn Board and a member of the Illinois Corn Growers Association.
  • Tommie Williams – Minister-Counselor for Agriculture, U.S. Mission to the United Nations Agencies for Food and Agriculture in Rome – Williams began his career as an onion farmer in Toombs County, Georgia and later founded several successful businesses, including marketing native pine straw and growing olives on a 30-acre farm. He has worked in Italy, China, Belize, and Israel. He rose to Majority Leader and President Pro Tempore of the Georgia State Senate before retiring in 2006.

 

International Policy and Regulatory Updates

 

UK Rolls Out Sugar Tax
As reported by The Inquirer, the United Kingdom’s sugar tax officially came into effect on April 6, two years after the government passed the tax on sugar-sweetened beverages in 2016. The UK tax will apply to any soft drink, although sugar-free soft drinks will not be subject to the tax. As described in an update from last month’s CCC Alert, experts say the tax, which takes a unique two-tiered approach charging separate rates based on total sugar content, may work better than others in provoking industry reformulations. The UK hopes to raise £240 million ($335 million) per year to reinvest in funding sports facilities and breakfast clubs. The article notes that George Osborne, the former finance minister who originally unveiled the tax policy, believes the sugar tax may target milk products next, as certain items such as milkshakes contain large quantities of sugar.

According to an April 2 article on FoodBev.com, a tax almost identical to UK’s was also set to go into effect in Ireland on April 6, but the country elected to push the start date back to May 1. Ireland’s tax includes two taxable bands for drinks with five grams and eight grams of sugar.

South Africa Implements Sugar Tax
According to an April 3 article in BeverageDaily, South Africa’s tax on sugar-sweetened beverages came into effect on April 1. Unlike the UK’s tiered tax, South Africa’s levy is fixed at 2.1 centers per gram of sugar content that exceeds four grams per 100 milliliters. “Sugar” refers to intrinsic and added sugars and “other sweetening matter.” However, low sugar and zero sugar alternatives and fruit juices are exempt.

The article states that South Africa is the first country in Africa to tax sugary drinks and notes the market more than doubled from 1998 to 2012.

EU Releases Proposal to Boost Trust in Food Safety Studies
On April 11, the European Commission (EC) released a press release announcing a proposal to enhance the transparency and sustainability of the European Union (EU) risk assessment in the food chain. The proposed revision is of the General Food Law Regulation draft regulation on the transparency and sustainability of the EU risk assessment in the food chain. An FAQ document is available to the industry and the public. Key elements of the proposal of concern to CCC are summarized as follows:

  • Automatic public access to all safety-related information submitted by industry in the risk-assessment process
  • Development of a common European Register of commissioned studies to guarantee companies submit all relevant information and do not hold back unfavorable studies
  • Ability for EFSA [European Food Safety Authority] to request additional studies which would be financed by the EU (pending request of the Commission)
  • Requirement of a public consultation on studies submitted by industry to support product authorization requests
  • Increased Member States’ involvement in EFSA’s governance structure and scientific panels
  • Stronger communications to citizens and promotion of public awareness and understanding of EFSA’s scientific opinions

It should be noted that Article 39 beginning on Page 27 of the proposal addresses the topic of confidentiality, and confirms that confidential information will not be disclosed if it is duly justified by the applicant. The proposal sets out the type of information that may be considered significantly harmful to commercial interests. As listed in the proposal, this information includes:

  • “The method and other technical and industrial specifications relating to that method, used to manufacture or produce the subject matter of the request for a scientific output, including a scientific opinion;
  • commercial links between a producer or importer and the applicant or the authorisation holder, where applicable;
  • commercial information revealing sourcing, market shares or business strategy of the applicant; and,
  • quantitative composition of the subject matter of the request for a scientific output, including a scientific opinion.”

In any case confidential information could be disclosed in two cases:

  • “When urgent action is essential to protect public health, animal health or the environment;
  • When the information is part of the conclusions of the EFSA opinion and relates to foreseeable health effects.”

An April 13 article in FeedNavigator contains several groups’ reactions to the proposal, which for the most part praise the EU’s step towards greater transparency. Staff from Corporate Europe Observatory (CEO), a research and campaign group, argues a caveat of the proposal is the need for the public to ask permission to quote and use data from the company that provided it to EFSA. CEO argues, “This creates a huge risk that industry will block any scientific scrutiny of EFSA’s assessment of their products. If scientists cannot quote this data in scientific publications there will be only a limited incentive for the scientific community to double-check EFSA’s work.” EuropaBio, an association representing European Bioindustries, recommends better communicating the integrity of EFSA’s scientific opinions and addressing the spread of misinformation and conspiracy theories.

Comments are not being accepted on the official proposed revision at this time. CCC staff plans to monitor for updates and will communicate any related comment opportunities.

Health Canada Approves Erythritol for Use in Food Thickener Products
A World Trade Organization notification received last month announced a Health Canada Notice of Modification to the “List of Permitted Sweeteners to Enable the Use of Erythritol in Food Thickener Products” published March 13. Although erythritol is already a permitted food additive in Canada, the Food Directorate determined that safety information on the ingredient supports extending its use to food thickener products at a level of 2.0%.

Conflicting EU Regulations Incite Questions over Sweetener Claims
An April 3 article published by FoodNavigator, notes that claims such as “no added sugar” on foods containing sweeteners are commonplace to enhance the marketing of products, but this is questionable under the 2006 EU law which states that a “no added sugar” claim “may only be made where the product does not contain any added mono- or disaccharides or any other food used for its sweetening properties.”

Last December, Test Achats, a Belgian non-profit organization which promotes consumer protection, filed a complaint to the Belgian food authority over a specific company whose products claimed to contain “no added sugars” but are sweetened with stevia. Test Achats cited the 2006 Nutrition and Health Claims Regulation (NHCR) as proof that the company’s use of the claim was “pure and simply illegal.” However, conflict arises when considering the more recent 2008 Regulation on Food Additives which states, “A food with no added sugars shall mean a food without the following: any added monosaccharides or disaccharides [or] any added food containing monosaccharides or disaccharides which is used for its sweetening properties.” A spokesperson for the EC noted that although it appears difficult to argue that sweeteners are not added to foods for their sweetening properties, it is up to individual Member States “to assess whether the added product in question is used for its sweetening properties or not before concluding on the legality of this claim.”

The article includes analysis by an EU legal expert, who explains that nothing in the 2006 NHCR suggests the EU’s intent to limit the use of high intensity sweeteners to replace sugars. Further, if the Council and Parliament wished to do so, they would not have approved the 2008 legislation which permits sweeteners in foods “with no added sugars.” The overlapping and complex pieces of legislation have prompted several rulings on the subject, leading some Member States to advise companies to proceed with caution. The Danish Ministry for Environment and Food noted specifically that caution should be exercised in the case of polyols, as they can provide some additional calories.

 

Publication Updates

 

Misconceptions about LNCS May be Hurting Diabetes and Obesity Progress in Southeast Asia
An article published on FoodNavigator on April 2 notes that the availability of inaccurate information about low- and no-calorie sweeteners (LNCS) may be hindering diabetes and obesity progress in Southeast Asia. The article quotes Sabeera Ali, nutrition officer at Food Industry Asia (FIA) who says claims of LNCS being unsafe for children and pregnant women, and even causing cancer are “simply untrue.” Ali blames the plethora of inaccurate information available online, noting “…it is not always clear to consumers which source is reputable.” Ali explains that many conflicting views can be attributed to “misinformation and misinterpretation of research studies” and notes that many conclusions on the purported adverse effects of sweeteners are drawn from animal studies, whereas human studies have found no negative health effects when consumed below the recommended ADI.

The article notes the need for increased consumer understanding is timely, as parts of Southeast Asia including Thailand, the Philippines, and Sri Lanka have already implemented sugar taxes, and Malaysia, India, and Vietnam are negotiating such taxes.

CCC staff continues to monitor for opportunities to disseminate reliable scientific findings, as well as promote awareness around the safety of low- and no-calorie sweeteners. Staff is currently underway creating educational website content on various study types which will be posted shortly.

Study Says Taxes on Sweetened Drinks and Snacks Are of Most Benefit to Poor
On April 10, FoodNavigator reported on a study published in The Lancet on April 4 entitled “Equity impacts of price policies to promote healthy behaviors.” The study uses positive health outcomes to refute claims that taxes on sweetened drinks and snack foods would place lower-income households at a disadvantage. As the study’s lead researcher noted, “Lower income households are the heaviest consumers of sugar-sweetened drinks and have the highest risk of obesity, diabetes and other chronic diseases…The new [UK] sugar levy will go a long way to help poorer people become healthier…The extra tax burden it will involve for the poor is very small.”

New Aspartame Study from Purdue University Published
On April 1, the study entitled “Aspartame Consumption for 12 Weeks Does Not Affect Glycemia, Appetite, or Body Weight of Healthy, Lean Adults in a Randomized Controlled Trial” was published in The Journal of Nutrition. The research, conducted at Purdue University, concluded that aspartame ingested at two doses for 12 weeks had no effect on glycemia, appetite, or body weight among healthy, lean adults. CCC staff has posted an article, penned by CCC Social Media Advisor Neva Cochran and is currently seeking opportunities to promote the positive findings of this study.

American Journal of Clinical Nutrition Announces Search for Editors
In April, the American Society for Nutrition (ASN) announced the search for Editor-in-Chief of The American Journal of Clinical Nutrition (AJCN). AJCN is the leading journal in clinical nutrition worldwide and has subscribers on six continents. Applications and nominations are being accepted until June 1, 2018 for the five-year appointment of the new Editor, which will begin January 1, 2019. More information and instructions can be found here.

Study on Philadelphia Soda Tax Shows Significant Declines in Regular (but not Diet) Soda
As reported by Time in an article published April 12, a new study from Drexel University in Philadelphia found that residents were 40% less likely to report drinking sugary soda each day after the city’s soda tax was implemented in January 2017, and 64% less likely to drink energy drinks. Further, residents were 58% more likely to drink bottled water every day. There were also declines in the consumption of diet beverages (which are also taxed), but the reductions were not statistically significant.

The article notes that experts say it’s still too early to know whether the 1.5-cents-per-ounce tax will have a net impact on community health, or if health outcomes will have a large influence on the continuation of the tax, considering the levy was also established to increase the city’s revenue.

Consumer Insights Inform Gut Health Product Messaging
In an article published by FoodNavigator on April 16, the differences between consumers’ concept of gut health are discussed as an important means to inform product messaging strategies. Hartman Group Senior Vice President Shelley Balanko explains that the people who are semi-involved with health and wellness are more likely to think about digestive health in terms of regularity and energy levels. For this reason, she recommends, “For a huge CPG brand that’s talking to the mainstream consumer, I think it makes a lot of sense to link digestive health to energy, whereas smaller brands with unique ingredients targeting more engaged consumers, we’d say yes, absolutely, talk about the relationship between healthy digestion and the health of the microbiome.” When asked about the Low FODMAPs diet, Balanko commented that the diet, at one point, looked as if it might be the next “gluten-free,” but it hasn’t taken hold in mainstream circles yet.

 

Council Updates

 

CCC to Host its Mid-Year Meeting
Last month, staff informed members of details regarding CCC’s 2018 Mid-Year Meeting. The Meeting will be held May 15-16 at the Atlanta Airport Marriott, 7411 Best Road, Atlanta, GA 30337. Please note, the registration form sent to members via email is due Friday, May 4. A schedule of events and draft agendas for Committee meetings have been shared. Please let staff know if you have not received these items. We look forward to seeing Council members at the Meeting.

CCC Participates in FBIA Meetings with FDA and OMB
CCC staff participated in two Food & Beverage Issue Alliance (FBIA) meetings to discuss food and nutrition policy issues with FDA and the Office of Management and Budget (OMB).

On April 11, staff attended FBIA’s quarterly meeting with FDA, which included remarks by Commissioner Scott Gottlieb, Deputy Commissioner for Foods Stephen Ostroff, Director of the Center for Food Safety and Applied Nutrition Susan Mayne, and others. Below are several top-line updates (additional information is available upon request).

  • Dr. Gottlieb opened by noting he inherited a number of food-related initiatives such as the Food Safety Modernization Act and menu labeling, and now that those regulations have progressed, his office is looking at other priorities and will be opening a docket to take public comments on FDA priorities, specifically those that benefit public health.
  • With regard to his recently announced Nutrition Initiative, Dr. Gottlieb stated his belief that making more claims about the healthier attributes of food will result in greater innovation and competition among industry, and result in more options and healthier choices for consumers.
  • With regard to labeling and claims, Dr. Gottlieb noted his interest in re-looking at the definition of “healthy” and whether it should go beyond just nutrients in the product. He also wants to look at how FDA adjudicates qualified health claims so products can get to market more quickly, and updating standards of identity to help facilitate innovation.
  • Finally, in response to a question about possibly stoplight labeling proposals, Dr. Gottlieb noted his opposition to such warnings, and prefers providing helpful information about healthier choices on packages in addition to providing nutrition information on the label.
  • Dr. Ostroff reviewed several activities related to FSMA implementation. He was also asked about the status of the Nutrition Facts Label related publications, including updated fiber guidance and guidance on added sugars and small package sizes. Dr. Gottlieb answered that industry will be hearing from FDA soon on all accounts and that he is confident all documents are close to being completed.

On April 12, CCC staff attended a FBIA Fiber Working Group meeting with OMB staff to raise questions about the continued delay in FDA’s completion of necessary guidance and response to fiber petitions in light of the proposed January 1, 2020 implementation date. A primary purpose of this meeting was to communicate how these continued delays will have an economic impact on industry, and also on consumers.

FoodNavigator Webinar: Sweeteners and Sugar Reduction
The FoodNavigator webinar, “Sweeteners and Sugar Reduction” held on April 18th, mainly discussed the role of low- and no-calorie sweeteners (LNCS) in addressing consumers’ desire to reduce sugar and caloric intake, as well as the challenges in meeting those consumer demands. Some overarching messages from the webinar include:

  • Consumers are actively avoiding sugar for multiple reasons, including taxes and diabetes management.
  • LNCS can offer a solution to competing consumer values and allow individuals to have various tools available to achieve calorie reduction.
  • More research is needed to understand the threshold that drives consumers to forgo taste to achieve caloric reduction in the foods they choose.
  • LNCS can help increase intake of foods that carry other nutrients, such as yogurt, which improve overall diet quality.
  • Current research being done on how to increase sweetness perception with natural sweeteners.
  • Safety of LNCS is not a concern when following recommended levels of intake.

 

Communications Program

 

General Program

“The Influence of Sugar and Artificial Sweeteners on Vascular Health during the Onset and Progression of Diabetes” Presented at Experimental Biology
Staff completed numerous communications activities in response to media coverage of the unpublished research abstract “The Influence of Sugar and Artificial Sweeteners on Vascular Health during the Onset and Progression of Diabetes” that was presented at Experimental Biology (April 22nd). A statement in response to the abstract, “Contrary to Recent Study, Low-Calorie Sweeteners Useful for Diabetes and Weight Management” was posted on CalorieControl.org.

  • Media Contact: CCC Staff contacted reporters and outlets who covered the research, asking that they include the Council’s short statement (included below) and review the Council’s study critique posted online.
    • “A STATEMENT FROM THE CALORIE CONTROL COUNCIL: Health and regulatory organizations worldwide support the use of low calorie sweeteners as a helpful tool for people with diabetes and those who are overweight or obese in order to reduce sugar intake, manage blood glucose levels and reduce overall calorie intake. Hundreds of scientific studies and decades of research support the safety of low calorie sweeteners.”
  • Healthcare Professionals: Staff ran ads in both EatRight Pro (4/24) and Diabetes Pro (4/25, 4/26) SmartBrief newsletters. The April 24th EatRight Pro newsletter brought 40,520 impressions (views) of our ad, with 1,376 clicks over to our statement page on CalorieControl.org. When arriving, visitors spent 13 minutes viewing the page, compared to the website average of three minutes. There was only a 20% bounce rate, as most visited other pages on the website. The top four most common job titles of subscribers of this email newsletter are Clinical Dietitian, Registered Dietitian, Diabetes Educator and Nutritionist.
  • Consumers: Google Search Ads for “artificial sweeteners,” “diet soda” and related keywords brought 41,382 impressions, with 644 clicks over to our benefits page. When arriving, visitors spent 15 minutes viewing the page, compared with the site’s average of 3:12 minutes per view. And with only a 41% bounce rate, most visited other pages on the website.
  • Content Promotion: In the content marketing done around the study review posted on CalorieControl.org, staff was encouraged on the quality of those attracted by Council messaging. The effectiveness was evident in how long audiences spent with our content – these numbers are record-breaking for CCC when it comes to advertising results compared with content we have promoted in the past.

Working Groups

  • Aspartame: Staff began steps to promote the recently published study in the Journal of Nutrition: “Aspartame Consumption for 12 Weeks Does Not Affect Glycemia, Appetite, or Body Weight of Healthy, Lean Adults in a Randomized Controlled Trial”. Staff commissioned Neva Cochran, a Social Media Advisor for the Council, to write her review of the study finds. The review is posted here and will be promoted to HCP audiences via EatRight Pro SmartBrief.
  • Sucralose: Staff commissioned a review of Dr. Craig Johnston’s presentation “Finding the Answers to Childhood Obesity” by Neva Cochran MS, RDN, LD, who attended the Texas Academy of Nutrition and Dietetics annual conference. The review is posted online and is being promoted in SmartBrief’s Pediatrics Today and EatRight Pro newsletters.
  • Saccharin: Staff added a “Recipe” section to Saccharin.org and uploaded new recipe content to the site. The recipes include a diverse mix of drinks, appetizers and desserts.
  • Stevia: Staff developed a how-to cooking video promoting a stevia recipe and will launch an advertising campaign to promote it.
faq2Do you have questions about low-calorie sweeteners? Want to learn more about maintaining a healthy lifestyle? You asked and we listened. Our resident Registered Dietitians answered the most popular questions about low-calorie sweeteners.

Media Contacts