US Policy and Regulatory Updates
• USDA Releases Food and Nutrient Database for Dietary Studies 2015-2016
• FDA Pushed to Revise Redbook to Modernize Food Additive Evaluations
• California Court Rules Against Cancer Warnings on Breakfast Cereal Packaging
• FDA Commissioner Gottlieb Releases Statement on Modernizing SOI for Dairy
• FDA Announces Information Collection Submitted to OMB on Proposed New Food Safety, Health, and Diet Survey
• FDA Requests Comments on Voluntary Labeling of Products Derived from GE Plants
• FDA to Host Monthly Webcast on BPA
• Washington State To Decide on Anti-Soda Tax Measure
• Boulder, Colorado to Vote on Sugary Drink Tax in November
• California Governor Expected to Sign Bill on Restaurant Beverages for Children
International Policy and Regulatory Updates
• EFSA Launches Public Consultations on Draft Guidance on Methodologies for Human Health Risk Assessment and Draft Statement on Genotoxicity
• CRISPR Plants Now Subject to EU GM Laws
• Europe’s Top Beet Producer to Make Lower-Sugar Sweetener
• India Publishes Draft Notification on Calorie Displays in Food Service Establishments
• India Sets up Expert Panel to Review Proposed Packaged Food Labeling Rules
• Poland Releases Draft GE Labeling Legislation
• Brazil Debates Best Option for Mandatory Labeling Policy
• Belgium Launches NutriScore Labeling
Publication Updates
• New Report Indicates Promise for Sugar Reduction Techniques in Dairy Products
• Canada Releases New Report – Counting the Calories
Council Updates
• CCC Staff Attends FDA Public Meeting to Discuss Nutrition Innovation Strategy Implementation
• CCC Responds to FSSAI Request for New Data on Polyols/Sweeteners
• CCC 2018 Annual Meeting Reminder
• Communications Update
USDA Releases Food and Nutrient Database for Dietary Studies 2015-2016
On July 30, the U.S. Department of Agriculture (USDA) released the Food and Nutrient Database for Dietary Studies 2015-2016. This database is released every two years and is used to convert foods and beverages in What We Eat in America (WWEIA), National Health and Nutrition Examination Survey (NHANES) into gram amounts and to determine their nutrient values. FNDDS is made available for researchers using WWEIA, NHANES to review the nutrient profiles for specific foods and beverages as well as their associated portions and recipes. Such detailed information makes it possible for researchers to conduct enhanced analysis of dietary intakes.
FDA Pushed to Revise Redbook to Modernize Food Additive Evaluations
According to a July 30 article in Food Chemical News (subscription required), Tom Neltner, chemicals policy director at the Environmental Defense Fund (EDF), is calling on the U.S. Food and Drug Administration (FDA) to update its roadmap for food safety assessments commonly referred to as the Redbook.
In 2014, FDA held a public meeting and gathered public input to modernize the Redbook which serves as a resource to help guide industry on evaluating the safety of food additives and color additives. (As a reminder, CCC submitted comments and co-signed a Safe Food Ingredients Coalition comment to FDA in May 2015.) The article notes that in 2015, FDA stated their interest in “expanding the scope of the Redbook to emphasize the principles of safety and risk assessment that are shared across different regulatory contexts for foods and cosmetics, while still providing specific guidance for applying these principles in particular contexts…” But Neltner contests that the agency has not followed up or provided an update on this initiative and is requesting that FDA keep track of food additives in a way that allows stakeholders to monitor the cumulative effects of substances on human health. He argues that, FDA should implement a process similar to the Environmental Protection Agency (EPA), which requires companies to report every five years on the amount of chemicals they make whenever it goes into children’s products.
When asked for an update on the agency’s work to update its Redbook, FDA refrained from speculating on the timing of any changes.
California Court Rules Against Cancer Warnings on Breakfast Cereal Packaging
As reported by Legal Newsline on July 25, the Los Angeles Superior Court ruled against a doctor’s attempt to force cereal companies to display cancer warnings on products sold in California. Dr. Richard Sowinski alleged that breakfast cereals from several global CPG brands must have cancer and reproductive health warnings on their packaging because they contained acrylamide, a chemical included on the Proposition 65 list of harmful substances. However, the three-judge panel unanimously ruled in favor of the cereal companies’ petition which stated that such warnings are preempted by federal law that encourages “federal policy objectives to increase Americans’ consumption of whole grains.” Though this case does not directly address low- and no-calorie sweeteners, it indicates California’s move to exercise enforcement discretion with regard to Proposition 65 when considered in the context of potentially discouraging healthy choices that are encouraged by federal authorities.
FDA Commissioner Gottlieb Releases Statement on Modernizing SOI for Dairy
On July 26, FDA published a statement addressing a key pillar of the agency’s Nutrition Innovation Strategy – modernized standards of identity, specifically for dairy products. The statement addresses the current proliferation of products made from soy, almond or rice calling themselves milk. However, these alternative products are not the food that has been standardized under the name “milk” established by the Federal Food, Drug, and Cosmetic Act (FD&C Act), and may therefore mislead consumers and promote unintended nutrient deficiencies and related public health consequences. However, Gottlieb confirms that, “While dairy has received a lot of attention, there are many other standards of identity that need to be revisited and potentially modernized. After all, there are nearly 300 of these standards of identity on our books, some of which were created in my grandparents’ generation.” The statement includes a call to action for stakeholders to submit comments to the related NIS docket on the following considerations related to statements of identity:
FDA Announces Information Collection Submitted to OMB on Proposed New Food Safety, Health, and Diet Survey
On August 14, FDA announced in a Federal Register (FR) notice that a proposed collection of information related to the agency’s proposed “FDA Food Safety, Health, and Diet Survey” has been submitted to the Office of Management and Budget (OMB) for review and clearance. The survey would combine the “Food Safety Survey” and the “Health and Diet Survey” which have been conducted since the late 1990’s. Since there are many related topic areas included in both surveys, FDA has decided to combine them. The newly proposed survey will contain many of the same questions and topics as the previous surveys, and measure trends in food safety, diet knowledge, attitudes, and behaviors over time. This survey’s focus will be on three major themes: Eat, Shop, and Prepare. Information gathered using the survey will be used by FDA to monitor and evaluate its programs and policies relating to menu labeling, use of the Nutrition Facts label, and food safety education activities.
Original requests for comments on the proposed collections of information for OMB for the separate “Food Safety Survey” and “Health and Diet Survey” were published in July of 2017 (CCC did not submit comments). The current notice presents a consolidated estimated annual reporting burden for both surveys under one OMB control number. This type of FR notice is largely administrative and seeks to collect feedback on the estimated reporting burden. However, CCC may also use the comment opportunity to include other feedback related to the proposed new survey.
Public comments are due September 13. If you would like CCC to submit comments, please notify me by Friday, September 7.
FDA Requests Comments on Voluntary Labeling of Products Derived from GE Plants
On August 9, FDA published an FR notice announcing an opportunity for public comment on the information collection associated with the guidance to assist manufacturers who wish to voluntarily label their foods (human and animal) as being made with or without bio-engineering, or the use of bio-engineered ingredients, to ensure that labeling is truthful and not misleading. With respect to this collection of information, FDA invites comments on these topics:
(1) Whether the proposed collection of information is necessary for the proper performance of FDA’s functions, including whether the information will have practical utility;
(2) the accuracy of FDA’s estimate of the burden of the proposed collection of information (see Table 1 in the notice), including the validity of the methodology and assumptions used;
(3) ways to enhance the quality, utility, and clarity of the information to be collected; and
(4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.
Public comments are due October 9. If you would like CCC to submit comments, please notify me by Friday, September 14.
FDA to Host Monthly Webcast on BPA
This month, FDA announced it will be hosting its monthly Grand Rounds webcast on September 13 from 12 -1 pm US ET. FDA’s Grand Rounds webcasts highlight research underway across the Agency and its impact on protecting public health. The September webcast lecture is entitled “Bisphenol A: Toxicology and Pharmacokinetic Data to Inform On-Going Safety Assessments,” and will summarize the results of studies FDA has undertaken with other U.S. Government agencies over the past decade to address alleged data gaps identified by FDA’s Science Board. For more information on the presentation and presenter, visit here. Pre-registration is required (register here).
Washington State to Decide on Anti-Soda Tax Measure
According to an August 14 article published by Food Chemical News (subscription required), Washington state voters will be asked to weigh in on a proposal (Initiative 1634) to prohibit communities in the state from enacting their own sweetened-beverage taxes. However, only days after the statewide anti-soda tax proposal was placed on the November ballot, new data was released suggesting that Seattle’s soda tax, which was implemented six months ago, is on track to raise more money than projected. In an August 8 article, city officials told the Seattle Times they have collected more than $10.5 million from payments from the tax, which includes $5.8 million from the first quarter of the year and $4.7 million in the second quarter.
While I-1634 would not affect the existing 1.75-cents-per-ounce soda tax in Seattle, it would close the loophole used by the city to pass a tax on beverages and prevent other cities from doing the same. “Yes! To Affordable Groceries” – a coalition of citizens, community organizations, and businesses, specifically soda companies – will have to battle against groups such as the Childhood Obesity Prevention Coalition, who plans to educate voters about the true impact of such a proposal.
Boulder, Colorado to Vote on Sugary Drink Tax in November
According to an article published August 14 by a local news source, voters in the city of Boulder, Colorado, will get the chance to decide on a measure that, if passed, would allow the city to keep extra revenue raised by the city’s 2-cents-per-ounce tax on sugar-sweetened beverages. According to Colorado’s Taxpayer’s Bill of Rights, the revenue collected over the originally estimated $3.8 million would be required to be refunded. While the most obvious recipient of the returned funds would be distributors, small business owners and consumers say much of the costs have been passed onto them.
In 2016, a majority of voters (54.7 percent) approved the city tax. The article notes that since the tax was implemented, over $3.2 million of the revenue has been given to groups working to improve the health of Boulder’s low-income residents and those with diet-related diseases. The tax is now expected to bring in $5.2 after its first full year in place. This would mean if the measure is not passed in November, upwards of $2 million will have to be returned to businesses.
California Governor Expected to Sign Bill on Restaurant Beverages for Children
On August 20, The San Diego Union Tribune published an article highlighting a highly publicized California Senate Bill (SB-1192) aiming to address the state’s childhood overweight and obesity problems by introducing a policy to discourage restaurants from serving soda to children. News of this bill passing on the state Assembly floor on August 16 was picked up by several major online, print, and TV outlets who stirred up opposition and falsely reported that SB-1192 would ban restaurants from serving soda to children. However, this is not the case. The bill would require restaurants to offer water, sparkling water, flavored water or unflavored milk or a nondairy milk alternative as the “default beverage.” The bill defines “default beverage” as a beverage automatically included or offered as part of a children’s meal unless a costumer asks for a different drink. It would not prohibit a restaurant’s ability to sell, or a customer’s ability to purchase, an alternative beverage such as soda. Many expect Governor Jerry Brown to sign the bill into law shortly.
EFSA Launches Public Consultations on Draft Guidance on Methodologies for Human Health Risk Assessment and Draft Statement on Genotoxicity
On July 26, the European Food Safety Authority (EFSA) launched the following two public consultations which present new approaches to risk assessment:
If you would like CCC to submit comments please notify staff by Friday, September 7.
CRISPR Plants Now Subject to EU GM Laws
On July 25, the Court of Justice of the European Union released a ruling that organisms created using relatively new gene-editing technologies such as CRISPR-Cas9 are subject to the same stringent 2001 directive as conventional genetically modified (GM) organisms. An article in Nature notes the ruling is likely to hinder investment in crop research using these tools in the EU, and that while gene-editing techniques will still be used as a research tool in developing crops, there is doubt that companies in Europe will have much appetite to develop them.
Europe’s Top Beet Producer to Make Lower-Sugar Sweetener
On July 31, Reuters published an article featuring Suedzucker, Europe’s largest beet producer, as the next industry resource to help companies cut the amount of sugar in foods. The company is underway developing a sweetener that provides the same level of sweetness but with 40 percent less sugar. The product, which uses a mineral molecule to bind with sugar molecules to reduce the need for as much sugar, has already received regulatory approval in the EU.
India Publishes Draft Notification on Calorie Displays in Food Service Establishments
On July 24, the Food Safety and Standard Authority of India (FSSAI) notified the World Trade Organization (WTO) of a draft notification relating to the display of calorie information in food service establishments. The notice, which can be viewed here, required the display of the following information in food service establishments at the point of purchase:
(a) any warning/statutory declarations required under these regulations;
(b) information relating to allergens in the food;
(c) logo for veg or non-veg;
(d) information relating to gluten free and low gluten status in food; and
(e) information relating to organic food or ingredients.
Public comments are due September 21. If you would like CCC to submit comments, please notify me by Friday, September 7.
India Sets up Expert Panel to Review Proposed Packaged Food Labeling Rules
As reported by Food Navigator on August 21, based on concerns FSSAI received by stakeholders on the authority’s proposed labeling regulations, “an expert panel of experts with health and nutrition backgrounds” have been convened to “look into the draft regulations”, despite the draft already being sent to the Health Ministry for finalization.
FSSAI’s proposed labeling regulations for packaged foods include placing a mandatory red-colored mark on the front-of-pack label for foods high in fat, sugar or salt. FSSAI may also introduce a color coding system in addition to marking certain foods as “red”. Further, foods high in fat, sugar, or salt would not be allowed to be advertised to children.
While the industry will continue to lobby against FSSAI’s plans, several major health groups, regulators, and manufacturers have recently joined a broad coalition called the “Eat Right Movement” which aims to encourage consumers to make healthy food choices while pushing firms to promote healthier food options, provide better nutritional information, and reformulate products to reduce sugar and salt content in packaged foods.
Poland Releases Draft GE Labeling Legislation
According to a July 30 USDA Global Agricultural Information Network report, the Polish Ministry of Agriculture (MinAg) issued new draft voluntary labeling standards for food products free from genetic engineering (GE). The draft standard would include a “non-GMO” label. According to MinAg, the draft legislation is in response to Polish public requests, as well as calls from consumer organizations and food industry groups to differentiate between products containing GE and non-GE ingredients. Eligible products under the draft Act would include processed and unprocessed foods of plant and animal origin. Products that are not produced using GE and products without any EU GE approvals (e.g. apples) would not be eligible to use the “non-GMO” label.
Poland currently implements EU GE labeling regulations for labeling food products. Packaged foods and packaged feeds are required to be labeled if GE-derived ingredients exceeds 0.9-percent of the products total composition. Poland’s MinAg will take public comments into consideration and plants to submit the draft labeling standards to Polish parliament in early September, 2018.
Brazil Debates Best Option for Mandatory Labeling Policy
As reported by Food Navigator LATAM on August 15, the Brazilian Health Regulatory Agency (ANVISA) is debating between front-of-pack traffic light labels supported by the country’s food and beverage industry, and a warning label supported by the country’s leading consumer protection organization. The traffic light labels would display percentages of sugar, total fat and sodium in the product and assign colors for high, medium, or low levels. The warning label would feature separate triangular black labels on products high in sugar, sodium, total fats, saturated fats or trans fats.
The president of Brazil’s Association for Soft Drinks and Non-Alcoholic Beverages (ABIR), Wilson Mello, explains the traffic light system is the industry’s preferred option because it is universally recognized and leaves room for consumer choice. Mello states that the warning sign model being evaluated, which is similar to the one implemented in Chile, would “alarm consumers” and “create the wrong idea that food in any quantity will be bad for their health.” On the other hand, Ana Paula Bortoletto, food program leader for the Brazilian Institute of Consumer Protection (IDEC) argues, “The excess of data, numbers, or colors with different connotations, such as the traffic light labels, leads the consumers to confusion or misleading interpretations.”
The article reports that ANVISA will likely finalize its decision on the look of mandatory front-of-pack labels by the end of 2018. It is also noted that the food and beverage sector has expressed support for the joint agreement to introduce new front-of-pack compulsory labeling across the entire Mercosur region (Argentina, Brazil, Paraguay, and Uruguay).
Belgium Launches NutriScore Labeling
As reported by Food Navigator on August 23, Belgium has announced it is introducing the NutriScore voluntary labeling scheme to promote healthy eating. NutriScore ranks foods from -15 for the ‘healthiest’ products to +40 for those that are ‘less healthy.’ Based on this score, the product is assigned a corresponding color code and letter from dark green (A) to dark red (F). Belgium’s public health minister Maggie De Block said the NutriScore system was the preferred choice over other labeling systems, such as the UK’s traffic light scheme, because tests in France – where it has already been adopted – show it has “greater impact” on purchasing habits.
The article reports that reaction by the Belgian food industry has been “more muted.” Although Fevia, the umbrella trade association of the Belgian food industry, has expressed concern that the system over-simplifies nutritional guidance, and fails to distinguish between various nutritional requirements of different consumer groups.
Gallup Poll Reveals Americans Divided on Leaving Sugar Off the Plate
On August 10, Gallup published an article highlighting key generational and demographic differences between Americans when choosing to minimize fat, salt, or sugar intake. Gallup polled Americans on 13 different food categories in its 2014, 2015 and 2018 Consumption Habits surveys, asking whether they actively try to include or avoid items in their diet. Combined results show that while 51 percent of all Americans actively avoid sugar, there are differences among subgroups. For example, 62 percent of college graduate try to keep sugar out of their diets, compared with 47 percent of those without a degree. The article also reports that young people are least likely to actively avoid salt, sugar or fat, likely because they are the age group most likely not to make an effort to decide whether to avoid or include those items in their diet. For example, the percentage of adults ages 18-24 who said they actively try to avoid sugar was found to be 12 percent less than those 65 and older.
Pinto App Modernizes Diet-Specific Food and Beverage Recommendations
On August 14, Fortune published an article featuring a new phone app that went live this month called Pinto, which aims to provide specific, tailored nutrition information to consumers. While the app was developed by a startup comprised of one designer, two programmers, three dietitians, and one food scientist, Pinto’s nutritional database contains 100,000 food items from major grocery stores, companies, and the nation’s 200 most popular fast-food and fast-casual restaurants. The app harnesses this data to analyze if products or ingredients comply with certain dietary profiles, and provide a brief description of why. Of interest to CCC, if a consumer selects the “Diabetes Friendly” profile, diet soda will pop up as “A good choice for your food profile” and “Fits with Diabetes Friendly.” The same diet soda for the “Healthy Eating” profile shows up as “A good choice for healthy eating” and “Low Sodium.” However, other foods with LNCS are not recommended for profiles such as Low FODMAP. The article notes that the team is already working on its next version which will include a filter for pregnancy and the ability to merge two profiles together for the purposes of couples who shop and organize meals together.
While the app is free to consumers, Pinto makes money by providing intelligence to food retailers on what customers are seeing in their purchases. For example, CEO and founder Sam Slover explains, “A restaurant [or store] can learn how much of its menu is Whole30-compliant and shift marketing around that…The share of Americans with specific dietary needs and wants isn’t going anywhere. [Pinto] is a way to lock in a relationship with them.”
New Report Indicates Promise for Sugar Reduction Techniques in Dairy Products
On August 19, the Journal of Dairy Science published a report (PDF attached) in which researchers reviewed recent studies assessing the role of sugar, alternative sweeteners, and sugar reduction in products such as ice cream, yogurt, and flavored milk. Further, the report discusses options available to the dairy industry to reduce sugar without compromising flavor. An article published on August 20 by EurkaAlert highlights the importance of this report, noting that many dairy products are potentially high in added sugar, which has recently come into negative focus.
In the case of ice cream, studies have shown that reducing sugar and fat is likely to induce a bitter aftertaste and less creaminess. Researchers found that of the possible solutions, calorie-reduced ice creams sweetened with sorbitol and sucralose were most accepted compared with other “light” vanilla ice creams or ice cream with a minimum reduction of 25 percent of the total energy, sugar, or fat. Erythritol is also noted to be commonly used for sugar reduction in ice cream because of its ability to provide volume and texture with a fraction of the calories from sucrose. For frozen yogurt, a study determined that substituting inulin and isomalt for sugar and fat led to a similar sweetness and a reduction in fat with no added sugar.
Within the yogurt category, several studies found that blends of nonnutritive sweeteners have been very successful in reducing sugar content of yogurt. One study is referenced that reported it was possible to produce a probiotic yogurt successfully using a sweetener blend (sucrose, aspartame, saccharin, and sucralose) without affecting the viability of the probiotic microorganisms. This same study found the addition of nonnutritive sweeteners did not negatively affect the yogurt-making process because the sweeteners did not break down over time.
Finally, flavored milk was considered. Since reducing sugar in chocolate milk can be costly, many directors of school meal programs choose the higher sugar alternative to reduce cost or choose to eliminate chocolate milk entirely. However, one study showed that withdrawing a chocolate milk option meant that three or four additional foods needed to be added into the diet to replace the nutrients from milk, adding additional calories and cost. Therefore, sugar-reduced chocolate milk should be considered.
Canada Releases New Report – Counting the Calories
As announced in an August 21 release provided by the Canadian Beverage Association (CBA), the Conference Board of Canada published a report August 9 that explores how the contribution of liquid refreshment beverages (LRBs) to Canadians’ diets is changing over time. Highlights from the report are as follows:
There has been a greater than 30% reduction in calories consumed by Canadians overall from non-alcoholic beverages due to changing tastes and product innovation in the beverage industry.
CCC Staff Attends FDA Public Meeting to Discuss Nutrition Innovation Strategy Implementation
On July 26, FDA held a public meeting to begin discussing various aspects of the agency’s multi-year Nutrition Innovation Strategy (NIS), which it hopes will encourage consumers to make informed decisions about their diets and health, support the development of healthier food options and expand opportunities to use nutrition as a tool to reduce morbidity and mortality due to chronic disease. Specific tactics include developing a standard symbol for the claim “healthy,” creating a more efficient review strategy for the FDA to use when evaluating qualified health claims, allowing for labeling statements or claims on food products that could facilitate innovation to promote healthful eating patterns, modernizing standards of identity, considering changes that could make ingredient information more consumer friendly, and implementing the FDA’s educational campaign for consumers about the updated Nutrition Facts Label.
CCC staff attended the meeting and provided a detailed report and relevant insights in a separate email to members. Staff has gathered initial member feedback and is developing a first draft of CCC comments to circulate for additional member feedback prior to submitting to the NIS docket.
CCC Responds to FSSAI Request for New Data on Polyols/Sweeteners
In follow up to its proposed label declarations for foods containing polyols and sweeteners, FSSAI requested new data on regulatory approvals and studies to support the safety of these materials, especially for children. FSSAI proposed these label warnings in April, which included a warning that children should not consume products containing polyols and high intensity sweeteners, and CCC, along with other organizations responded that such warnings are not supported by the science. FSSAI apparently determined they based their recommendations on old data, so in August requested that stakeholders submit the latest data and scientific information which will be reviewed by a Working Group on Sweeteners. CCC submitted information on the safety of acesulfame potassium, aspartame, saccharin, steviol glycoside and sucralose, which is available upon request. CCC also coordinated with the European Association of Polyol Producers, which worked with its members to submit requested information for all the polyols.
Save the Date: CCC Annual Meeting 2018
The CCC 2018 Annual Meeting will be held at the Hyatt Regency Crystal City from November 7 – 9, 2018. The negotiated room rate is $199.00 plus applicable tax. Room reservations can now be made online, please reserve as early as possible as there are a limited number of rooms. Further meeting information will be available in the near future.
General Program
Working Groups
Do 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.
