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 July 2018, along with more information on the Annual Meeting in November.
*PLEASE NOTE: Requests for member feedback are included below to assess whether CCC should address certain topics. CCC will only pursue comment opportunities if substantive member feedback is received.
US Policy and Regulatory Updates
• FDA Seeking Comments on Proposed Rule for Vending Machine Calorie Labeling
• FDA Announces Public Meeting to Discuss Nutrition Innovation Strategy Implementation
• FDA Launches New Substances Added to Food Inventory
• The Obesity Society Calls for More Research on SSB Tax
• California Bans Local Soda Taxes
• California Doctors Respond to Soda Tax Ban with New Ballot Measure
• Pennsylvania Supreme Court Upholds Philly’s Soda Tax
• Assembly member Bloom Announces Plan to Introduce SSB Fee in 2019
• Industry Forms New Sustainable Food Policy Alliance
• Trump Nominates New USDA Undersecretary for Research, Education and Economics
• Disagreements Persist Over Threshold for GMO Disclosure Threshold
• CFS Sues OMB for Records on GMO Disclosure Rule
• FDA Proposes to Restructure
International Policy and Regulatory Updates
• Australia and New Zealand Forum Investigate the Labeling of Sugars on Packaged Foods and Drinks
• Australia Seeks Comments on Use of Monk Fruit as High Intensity Sweetener
• EFSA May Recommend Limits for Kaurenoic Acid in Stevia
• Macau Implements New Sweetener Regulations
• Philippines Announces Potential Plans for Warnings on SSBs
• Philippines Opposes Proposed Rules on Required Sugar Declaration
• Scotland Publishes Plans to Restrict Marketing of Foods High in Salt, Sugar and Fat
Publication Updates
• Aspartame Poses No Negative Effects on Health: RCT
• Prebiotic fibers show gut and immune health benefits for children: RCT
• Chile’s sugar tax has led to consumption decreases: Observational Study
• Consumer Research Supports FDA’s Work on “Healthy” Claim
• NASEM Publishes Report on Science Breakthroughs to Aid in Research by 2030
• Study Highlights Effectiveness of 5:2 Diet for Controlling Diabetes and Calorie Intake
• American Academy of Pediatrics Calls for Reform of Regulation of Food Additives
Council Updates
• CCC Comments on USDA Biotech Labeling Proposed Rule
• Save the Date: CCC Annual Meeting 2018
• Communications Update
FDA Seeking Comments on Proposed Rule for Vending Machine Calorie Labeling
The U.S. Food and Drug Administration (FDA) is proposing to revise the front of pack (FOP) type size labeling requirements for packaged foods sold in glass-front vending machines, which were first issued in 2014. The proposed rule would apply only to those machines owned by operators with 20 or more vending machines, or those who voluntarily register with the FDA, and would require that the type size on these packages be at least 150 percent (1.5 times) the size of the net weight declaration on the front of the package. The agency notes that this action is in response to requests from the vending and packaged foods industries to reduce the regulatory burden and increase flexibility and would make the type size of calorie counts more consistent on food packages, while still ensuring that this important information is readable by consumers considering options in vending machines.
With the proposed rule, the FDA intends to allow manufacturers of glass vending machine products additional time to come into compliance, as they are proposing a compliance date of January 1, 2020 for any final rule that results from this proposed rule making. Stakeholders and the public can provide comments on this proposal by September 25. CCC does not plan to comment unless otherwise advised by Friday, August 17.
FDA Announces Public Meeting to Discuss Nutrition Innovation Strategy Implementation
On June 26, FDA announced it would be holding a public meeting on July 26 to begin discussing various aspects of the agency’s multi-year Nutrition Innovation Strategy, which looks to 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 will separately provide relevant insights shortly.
FDA Launches New “Substances Added to Food” Inventory
On June 26, FDA announced the launch of the new Substances Added to Food inventory, which is an upgraded version of the original “Everything Added to Food in the U.S.” (EAFUS) inventory. The new inventory allows for the search of approximately 4,000 substances and includes information on food additives, color additives, and Generally Recognized As Safe (GRAS) and prior-sanctioned substances. In addition, the inventory includes users to search multiple related food ingredient and packaging inventories, direct links to any applicable regulations for a substance, and additional information such as other known names, common uses, and information by other entities when available.
The Obesity Society Calls for More Research on SSB Tax
Steven B. Heymsfield, MD, FTOS, President-Elect of The Obesity Society (TOS), professor and director of the Body Composition-Metabolism Laboratory at the Pennington Biomedical Research Center at Louisiana State University in Baton Rouge, says that the net outcome of sugar-sweetened beverage (SSB) taxes “may not necessarily decrease overweight and obesity rates in the United States or worldwide.” In the official press release, Heymsfield also notes that questions remain regarding the best way to structure these taxes and how any resulting dietary changes might influence health.
California Bans Local Soda Taxes
On June 28, California Governor Jerry Brown signed a law prohibiting cities and counties from enacting taxes on soda for the next 12 years. According to the Los Angeles Times, the fast-moving bill was the result of an agreement by legislators, industry and labor interests after they agreed to remove an initiative from the November 2018 statewide ballot that was initiated by the beverage industry and would have restricted cities and counties from raising any taxes without a supermajority vote of local citizens.
State legislators accused the beverage industry of “aiming basically a nuclear weapon at governing in California and saying if you don’t do what we want, we’re going to pull the trigger and you are not going to be able to fund basic government services.”
California Doctors Respond to Soda Tax Ban with New Ballot Measure
On July 2, the California Medical Association (CMA) and the California Dental Association (CDA) filed a new ballot measure that would implement a statewide 2-cents per ounce tax on sugar-sweetened drinks, providing at least $1.7 billion in revenue for critical health programs. Their actions follow passage of a ban on new soda taxes until 2031 in the state and would be up for consideration during the 2020 US election.
The CMA and CDA collectively represent more than 70,000 healthcare professionals in California. In a joint statement, Dustin Corcoran, CMA chief executive officer, and Carrie Gordon, CDA chief strategy officer cited “overwhelming evidence” linking sugar-sweetened beverages with obesity, diabetes and tooth decay.
Pennsylvania Supreme Court Upholds Philly’s Soda Tax
As reported on July 20 by Food Chemical News (subscription required), Pennsylvania’s Supreme Court delivered a 4-2 ruling to uphold Philadelphia’s 1.5 cent-per-ounce tax on soda and rejected a challenge to the tax from a group of industry, merchants, and businesses called the “Ax the Philly Beverage Tax” coalition, who argued that the tax is an illegal duplication of Pennsylvania’s state sales tax. The majority of judges on the panel, however, disagreed and said that the Philadelphia soda tax is different than the state’s sales tax, since it applies at the distribution level and is “independent of whether any retail sale actually occurs.”
Assembly member Bloom Announces Plan to Introduce SSB Fee in 2019
Richard Bloom, who represents California’s 50th Assembly District, has announced his intent to introduce a “health impact” fee on SSBs that would be used to fund obesity and diabetes prevention programs. Bloom’s announcement followed a press release in which CMA and CDA announced their goal to introduce a similar ballot measure in 2020.
In the official press release Bloom states, “The overconsumption of sugar sweetened beverages has led to a staggering rise in obesity and diabetes in California. Low income communities, communities of color, and children have been targeted by the soda industry and are facing increasingly dire health outcomes. We can’t wait until 2020. We need to act now.”
Industry Forms New Sustainable Food Policy Alliance
As reported on July 12 by Politico, four major food companies – Danone, Mars, Nestle and Unilever – have formed a new coalition called the Sustainable Food Policy Alliance (SFPA), which will lobby on five policy areas it believes are of top interest to modern consumers: product transparency, nutrition, the environment, food safety and a positive workplace for food and agriculture workers. SFPA reportedly will focus its initial efforts on nutrition labeling and carbon emissions. One of the group’s current priorities is to push the government to define “healthy” based on strong, science-based regulations. The Washington Post also reported the group is pressing the FDA to advance the implementation of the new nutrition facts panels proposed under the Obama administration, which more prominently highlights added sugar and calorie content. SFPA also submitted comments on the proposed rule to implement the National Bioengineered Food Disclosure Standard asking FDA to apply the disclosure requirements to a wider range of oils and sweeteners. Further, SFPA states their positions through several commitments to consumer transparency, including the statement “We are confident that currently approved gene-based technologies for food production are safe.”
Trump Nominates New USDA Undersecretary for Research, Education and Economics
As reported by Politico, on July 16 President Donald Trump nominated Scott Hutchins for the next Under Secretary for research, education and economics within the US Department of Agriculture (USDA), a position previously slotted for Sam Clovis before his controversial withdrawal. Hutchins is currently the global head of integrated field sciences for the agriculture division of DowDuPont. If confirmed by the Senate, Hutchins would serve as USDA’s top scientist.
Disagreements Persist Over Threshold for GMO Disclosure Threshold
On July 17, Food Chemical News (subscription required) reported on the public discourse in reaction to three options for the minimum threshold for exemption from USDA Agricultural Marketing Service’s (AMS) proposed rule to implement the Bioengineered Food Disclosure Standard. While two of the options allow the “inadvertent or technically unavoidable presence” of genetic material at either a 0.9 percent or 5 percent level by weight of specific ingredient, the third would permit the use of Bioengineered (BE) ingredients up to 5 percent of the total weight of the product.
Supporters of the 0.9 percent threshold for inadvertent presence include environmentalists and consumer advocates, including the Non-GMO Project and the Center for Food Safety, who stated that the 5 percent threshold is arbitrary and would exempt broad segments of the BE food market from disclosure. Major food companies also expressed support for 0.9 percent, noting this threshold is both feasible for industry and would meet consumers’ demand for transparency. In addition, 0.9 percent is supported by the Organic Trade Association (OTA), who rejected the American Soybean Association’s suggestion that a 5 percent allowance for GE material should be made because organic regulations allow for use of 5 percent non-organic ingredients.
However, the American Farm Bureau Federation (AFBF), and other groups representing growers of major agricultural products urged AMS to adopt a threshold of 5 percent, stating concerns that a lower level would “denigrate biotechnology” and could further encourage consumer distrust.
CFS Sues OMB for Records on GMO Disclosure Rule
On July 20, Food Chemical News (subscription required) reported that the consumer group the Center for Food Safety (CSF) filed a lawsuit on July 3 against the White House Office of Management and Budget (OMB) for failing to supply documents related to the review of the draft GMO disclosure rule. CSF submitted a Freedom of Information Act (FOIA) request with OMB on May 3 for all documents from December 2017 when AMS sent the agency the draft rule related to implementation of the National Bioengineered Food Disclosure Standard. According to the lawsuit, OMB acknowledged receipt of CSF’s request but has otherwise ignored it.
FDA Proposes to Restructure
On July 20, Politico reported that the FDA is planning to restructure in order to consolidate some operations. The proposed plan would create two new offices – the Office of Clinical Policy and Programs and the Office of Food Policy and Response – that would take over some of the duties now handled by offices dealing with medical products, tobacco, veterinary medicine, and food.
Australia and New Zealand Forum Investigate the Labeling of Sugars on Packaged Foods and Drinks
The Food Regulation Standing Committee (FRSC), which is responsible for coordinating policy advice to the Australia and New Zealand Ministerial Forum on Food Regulation, is a facilitating stakeholder consultation on the labelling approaches for providing information on sugars to consumers. FRSC is inviting stakeholders including industry, public health and consumer organizations and other interested parties to make submissions on the Consultation Paper, which contains open questions regarding the labelling of sugars on packaged foods and drinks.
The deadline to comment on the consultation is September 19. If you are interested in CCC providing comments, please advise staff by Friday, August 17.
Australia Seeks Comments on Use of Monk Fruit as High Intensity Sweetener
On July 20, Food Standards Australia New Zealand (FSANZ) announced it is calling for submissions on an application to permit a new sweetener derived from monk fruit, or luo han guo. After conducting a thorough safety assessment, FSANZ concluded there are no public health or safety issues related to the use of monk fruit extract as a sweetener. FSANZ is accepting public comments on this matter until August 31. CCC does not plan to comment on this request unless otherwise advised by Friday, August 17.
EFSA May Recommend Limits for Kaurenoic Acid in Stevia
According to an article published July 12 by Food Navigator, Representatives from Cargill, DSM and the International Stevia Council (ISC), as well as Pure Circle, The Coca-Cola Company, SweeGen and Intertek, met with European Food Safety Authority (EFSA) scientists to discuss kaurenoic acid, an impurity in stevia sweeteners. In a presentation given on behalf of EFSA at the meeting, it was noted that, previously, the presence of the acid was not reported in application dossiers submitted by stevia producers. As a result, no limits are included in the specifications for food additive steviol glycosides.
DSM, Cargill, PureCircle and Sweegen submitted data from tests on commercially available samples. Out of 40 samples, the acid was not found at levels of detection ranging from <0.25 to <1 part per million (ppm). A DSM spokesperson states that the company has “no doubts about the safety of the acid at the very low levels in which it is present in steviol glycosides.” A SweeGen representative noted that it’s “very easy” to limit kaurenoic acid in stevia and doing so would not result in increases in cost.
Macau Implements New Sweetener Regulations
As noted in the attached World Trade Organization (WTO) notice, on June 4, new sweetener regulations were published by Macau, China. Although the regulation is only available in Chinese and Portuguese, it is noted that the regulation is administrative in nature. In this regulation, “sweeteners” are defined as a type of food additive that is used to replace sugar and impart sweet taste to food. It does not apply to foods intended for specific dietetic use, with the exception of certain products for infants and young children. There is not an opportunity for public comments.
Philippines Announces Potential Plans for Warnings on SSBs
According to a July 2 article in Food Navigator, the Philippines’ Department of Trade and Industry (DTI) announced it may be requiring health warnings on sugar-sweetened beverages (SSBs) within the next one to two months. However, the article notes the DTI will first consult stakeholders in order to select categories of products that will be required to display a health warning. In addition, DTI’s Secretary Ramon Lopez confirmed that the Philippine’s Department of Health (DOH) and its own Food and Drug Administration (FDA) will be the ultimate authorities for execution of the policy.
The Philippines has already taken steps to reduce consumption of SSBs under the Philippines’ Tax Reform for Acceleration and Inclusion (TRAIN) law. As a health measure, the law mandates a P6 per liter tax on beverages using caloric and non-caloric sweeteners and a higher P12 per liter on beverages using high-fructose corn syrup.
The Philippine Society of Endocrinology, Diabetes, and Metabolism (PSEDM) has supported such further steps to require warning labels on SSBs, calling the government’s anticipated move timely as diabetes rates are growing in the Philippines.
Philippines Opposes Proposed Rules on Required Sugar Declaration
As reported on July 10 by Business World, the Federation of Philippine Industries (FPI) has opposed the DTI’s proposed rules that would require companies to include sugar content per pack and per serving on front-of-pack labels for beverages in both liquid and powdered form. The DTI proposed requiring this labeling for amounts greater than 25 grams of sugar per 200 milliliter serving. FPI claims that the government is singling out sugar, which it claims is “a consumer good that has weathered its fair share of challenges at the expense of several concerned industries” and argues against the volumetric nature of the tax, instead insisting on the adoption of a content-based scheme which is in alignment with the SSB tax under the TRAIN law. The article reports that FPI urged the government to also consider exempting non-caloric sweeteners from the labeling and taxation scheme so as not to impose a financial burden to senior citizens and those wanting to cut their sugar intake.
Scotland Publishes Plans to Restrict Marketing of Foods High in Salt, Sugar and Fat
Earlier this month, Scotland’s government published a report entitled “A Healthier Future – Scotland’s Diet & Healthy Weight Delivery Plan” two months after Minister Nicola Sturgeon announced a new target to cut child obesity in Scotland by half by 2030. The newly-published strategy paper sets out measures to restrict the promotion and marketing of foods high in fat, sugar and salt. It is anticipated that more detailed plans will be released in the fall with an opportunity for public comment, which CCC staff plans to monitor for and provide more details on for members.
Aspartame Poses No Negative Effects on Health: RCT
A recent study sought to assess the effects of aspartame on several health factors including glucose tolerance, weight and appetite. The 12-week trial included 100 lean adults aged 10-60 years of age who were randomized to consume 0, 350, or 1050 mg aspartame/day for the length of the study. Body weight and composition, appetite and selected hormones were measured at baseline and at week 12, in addition to the administration of a 240-minute oral glucose tolerance test (OGTT). Participants kept appetite logs, and body weight, blood pressure, heart rate and waist circumference was measured weekly. 24-hour urine samples were collected at weeks 4, 8 and 12.
With the exception of the baseline OGTT glucose concentration at 60 min (and resulting area under the curve value), there were no group differences for glucose, insulin, resting leptin, glucagon-like peptide 1, or gastric inhibitory peptide at baseline or week 12. There also were no effects of aspartame ingestion on appetite, body weight, or body composition.
Prebiotic fibers show gut and immune health benefits for children: RCT
A study funded by a member company reported that supplementing the diet of three to six year olds with chicory root fiber may improve the gut microbiota composition and strengthen their immune defenses. The study is said to be the first to examine the effects of chicory root extract in this age group, with previous data supporting benefits in infants and children up to the age of two years old.
A sample of 142 boys and 128 girls between the ages of 3 and 6 were randomly assigned to consume 6 grams per day of either prebiotic fiber or maltodextrin (control) for 24 weeks. The researchers found significant increases in the relative abundance of Bifidobacterium (20% increase) and Lactobacillus (8% increase) in those who received the chicory root fiber as compared to the control group. A reduction in the incidence of febrile episodes requiring medical attention and sinusitis were also observed in the prebiotic group.
Prebiotic fibers show gut and immune health benefits for children: RCT
A study funded by a member company reported that supplementing the diet of three to six year olds with chicory root fiber may improve the gut microbiota composition and strengthen their immune defenses. The study is said to be the first to examine the effects of chicory root extract in this age group, with previous data supporting benefits in infants and children up to the age of two years old.
A sample of 142 boys and 128 girls between the ages of 3 and 6 were randomly assigned to consume 6 grams per day of either prebiotic fiber or maltodextrin (control) for 24 weeks. The researchers found significant increases in the relative abundance of Bifidobacterium (20% increase) and Lactobacillus (8% increase) in those who received the chicory root fiber as compared to the control group. A reduction in the incidence of febrile episodes requiring medical attention and sinusitis were also observed in the prebiotic group.
Chile’s sugar tax has led to consumption decreases: Observational Study
According to a new study, the 2014 tax on sugar-sweetened beverages in Chile has led to an overall decrease in the volume of sugary soft drink purchases of almost 22%. Researchers from the University of York and the University of Chile also report that greater decreases in purchase volume were seen in the middle and high socioeconomic groups, with only a 12% reduction seen in the low SES group.
Co-author of the study, Professor Cristobal Cuadrado says the results “suggest an overall reduction of sugar consumption after the implementation of the tax in Chile. From a public health perspective, even a small reduction in sugar intake at the population level could lead to significant health gain.” It should be noted, however, that this study did not include a control group and therefore the true causal impact of the tax could not be assessed.
Consumer Research Supports FDA’s Work on “Healthy” Claim
According to consumer research reported in a July 5 article on Food Navigator, consumers are increasingly associating the term ‘clean’ with ‘natural’ and ‘healthy.’ However, the term ‘clean’ is also a cause for confusion, and while research showed that some liked a product because it is ‘clean,’ many asked what ‘clean’ meant. The lack of a clear definition of ‘clean’ and the increasing association with health by consumers has only furthered pressure on FDA to define ‘healthy.’
In March 2018, FDA Commissioner Scott Gottlieb released the FDA Nutrition Innovation Strategy, noting “‘Healthy’ is one claim that the FDA believes is ready for change and we have already signaled our intention to update the criteria for this claim. The Agency is considering how to depict ‘healthy’ on the package so that consumers can easily find it. Similarly, the FDA has also received requests for clarity on the use of ‘natural’ in labeling. Just like other claims made on products regulated by FDA, we believe the ‘natural’ claim must be true and based in science.” It is further stated that “Availability of information about nutrients [including] those we need to limit, such as added sugars and sodium…remain a core aspect of our role and nutrition strategy.” However, the article notes that another logo or symbol to indicate the healthy status of products may not be the answer, as research found that only 44% of consumers reported that they trust claims on food and beverage products.
In the meantime, consumers are tending to form their own perception of what ‘clean’ means by following ‘free-from’ claims and elimination diets such as vegan, diary-free, and gluten-free. Market intelligence agency Mintel advises that brands looking to appeal to ‘clean’ eating consumers should focus on the essential messaging that makes the product beneficial for them.
NASEM Publishes Report on Science Breakthroughs to Aid in Research by 2030
On July 18, the National Academies of Sciences, Engineering and Medicine (NASEM) published a report identifying the following five most promising scientific breakthroughs that are possible to achieve in the next decade to increase the U.S. food system’s sustainability, competitiveness, and resilience.
The document intends to sway Congress and other funders to make additional investments in research, and encourages the involvement of non-agricultural professionals.
Study Highlights Effectiveness of 5:2 Diet for Controlling Diabetes and Calorie Intake
On July 20, the Journal of the American Medical Association (JAMA) published the first long-term clinical trial comparing the different diets of people with type 2 diabetes entitled “Effect of Intermittent Compared With Continuous Energy Restricted Diet on Glycemic Control in Patients With Type 2 Diabetes.” The study found that patients with type 2 diabetes are just as likely to control their blood glucose levels and lose weight by following what has been termed the ‘5:2 diet’ as they are on a calorie-restricted on every day.
The ‘5:2 diet’ entails restricting calories to 500 to 600 per day for 2 days of the week followed by the person’s usual diet for the other 5 days. After researchers conducted the year-long clinical trial of 137 adults with type 2 diabetes, half of whom followed a 5:2 diet while the rest maintained stable daily caloric intakes of 1,200 to 1,500 calories per day, findings showed that those on a 5:2 diet lost weight and achieved improved hemoglobin A1c levels. In a July 23 press release research affiliate Peter Clifton commented in support of the study findings, stating “Conventional weight-loss diets with daily energy restrictions are difficult for people to adhere to so we must look for alternative solutions.”
American Academy of Pediatrics Calls for Reform of Regulation of Food Additives
The American Academy of Pediatrics released a policy statement on July 23 (in print August 2) calling for “urgently needed reforms” at the U.S. Food and Drug administration to ensure the safety of food additives used in foods and packaging, arguing for more rigorous testing requirements and regulations. While AAP’s statement does not address alternative sweeteners, it questions the ability of FDA’s regulatory oversight to ensure the safety of the food supply for children, who, as the policy states, “may be particularly susceptible to the effects of these compounds, given that they have higher relative exposures compared with adults (because of greater dietary intake per pound), their metabolic (i.e. detoxification) systems are still developing, and key organ systems are undergoing substantial changes and maturation that are vulnerable to disruptions.” CCC staff is working with other associations to consider activities to address this statement.
CCC Comments on USDA Biotech Labeling Proposed Rule
On July 3, CCC submitted the attached comments to the USDA regarding AMS’s proposed rule to implement the National Bioengineered Food Disclosure Standard (NBFDS). CCC also co-signed comments from the Coalition for Safe and Affordable Food (CFSAF), which are also attached.
CCC acknowledged the importance of developing a regulatory framework that supports the aims and principles of the NBFDS and provides consumers with accurate, science-based information about food, and therefore took the position that refined ingredients should not be included in the definition of bioengineered food and thus should not be required to be labeled. CCC also endorsed the CFSAF comments, which support mandatory disclosure with a number of exemptions, including some refined ingredients, as well as a robust voluntary notification procedure for companies wishing to disclose of the presence of exempted refined ingredients.
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.
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.
