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.
US Policy and Regulatory Updates
• Gottlieb’s Departure Raises Food Policy Questions at FDA
• Commissioner Gottlieb Releases Statement on FDA’s Request for New Funding
• FDA Reorganization to Begin March 31
• First Meeting of the 2020 Dietary Guidelines Advisory Committee and Request for Comments
• Experts Speculate about How Bioengineered (BE) Food will be Treated Under New FDA Leadership
• FDA Announces New Website for Consumers on Menu Labeling
• Connecticut Governor Proposes Statewide Soda Tax in New Budget
• USDA Announces Launch of the “Start Simple with MyPlate” Campaign
• Oatmilk, Keto, C.B.D. Among Top Trends at Expo West
• Government Priorities Discussed at National Food Policy Conference
• Physician Groups Call for Soda Tax
• Arkansas Governor Signs ‘Truth in Labeling’ Bill into Law
• Navigating Natural Sweetener Solutions in Beverages
• Many Factors Impacting Effectiveness of Soda Taxes
• Adding Breakfast to Classrooms May Have a Health Downside
• American Heart Association Adds Obesity to Heart Disease Risk List for Children and Teens
• Experts Ask U.S. to Establish Federal Nutrition Institute
International Policy and Regulatory Updates
• Chinese Authorities Order Schools and Childcare Centers to Limit the Sale of Sugary Foods and Beverages
• EU Court Overturns EFSA Decision to Withhold Unpublished Studies
• New Documents Suggest New Zealand Health Ministry Continues Sugar Tax Deliberation
• Chile’s Sugary Food Fight Echoes around the World
• Food Drink Ireland Hails Progress on Reformulation
• United Kingdom Considers Limited Ban on Junk Food Advertisements to Fight Childhood Obesity
• Australia Combats Childhood Obesity
Council Updates
• CCC Submits Comments to the Eurasian Economic Commission
• Communications Update
Gottlieb’s Departure Raises Food Policy Questions at FDA
On March 7, Politico Pro (subscription required) published an article explaining how the Food and Drug Administration’s (FDA) Commissioner Scott Gottlieb’s departure from the agency will slow renewed efforts to focus FDA’s regulatory agenda on food policy. Under Gottlieb’s tenure, food and nutrition saw a decidedly raised profile within FDA and increased interest from leadership on several policy issues. With Gottlieb’s departure, nutrition and food safety experts believe this is unlikely to continue. However, the Commissioner shared with Politico Pro that the FDA is well respected by the White House, which will continue to support established food and nutrition objectives set by Gottlieb.
Some of these objectives set by Gottlieb include sodium reduction strategies and nutrition initiatives. For example, Gottlieb announced early last year that the FDA would continue an Obama-era policy on voluntary sodium reduction targets for processed foods. Last year Gottlieb also introduced the Nutrition Innovation Strategy (NIS), which introduced a comprehensive review of various food standards and includes the development of a consumer education campaign around the new Nutrition Facts label (NFL). Work for these initiatives remains unfinished and supporters of these policies express concerns about continuity under new leadership.
As it relates to food safety efforts, the Commissioner expressed his confidence that Frank Yiannas, the agency’s new deputy commissioner for food policy and response, will continue to implement efforts related to the Food Safety and Modernization Act. Insiders at FDA appear to be less concerned about the walk-back of the agency’s food safety work due to its broad political support.
Alex Azar, Secretary of the Department of Health and Human Services (HHS) is assisting in the transition with Gottlieb’s departure. In addition, as reported by The Washington Post on March 12, National Cancer Institute Director Norman “Ned” Sharpless will become acting commissioner of the FDA. The article purports that Sharpless may be considered as the administration starts its search for a permanent replacement to Gottlieb.
Commissioner Gottlieb Releases Statement on FDA’s Request for New Funding
On March 11, the FDA released a statement from Commissioner Gottlieb on the agency’s budget request of $6.1 billion submitted to the President’s Fiscal Year (FY) 2020 Budget. This budget request marks a $643 million increase compared to the 2019 Annualized Continuing Resolution (CR), and a $419 million increase compared to the FY 2019 Enacted Budget.
Commissioner Gottlieb’s statement also highlights several high priority initiatives, including the following:
As part of ongoing efforts to implement the Food Safety and Modernization Act (FSMA), the FDA is proposing to allocate funding for preventive controls inspections and produce safety inspections through state cooperative agreement programs. This proposal is intended to ensure that manufacturing and processing facilities are in compliance with FSMA requirements.
Commissioner Gottlieb’s statement highlights the FDA’s efforts to ensure the safe development of biotechnologies by enhancing its review capabilities and conducting risk-based assessments, while also providing innovation pathways for industry. The statement also highlights the agency’s investment in premarket safety reviews of animal food ingredients to improve review times and eliminate unnecessary burdens to industry.
The requested budget invests $36 million more than in the previous FY to better equip the agency to review human and animal feed ingredients. This initiative proposes a user fee for Innovative Food Products, but does not provide details on but notes this will be developed in collaboration with stakeholders.
FDA Reorganization Begins March 31
On March 22, Politico Pro (subscription required) reported that outgoing Commissioner Gottlieb’s plan to reorganize and consolidate some of the FDA’s operations has been approved by Health and Human Services (HHS). Reorganization was set to begin on March 31 and will result in the Office of the Commissioner’s direct oversight over FDA’s various centers for food, drugs, biologics, devices, veterinary medicine, and tobacco. The plan also creates two new offices for food and drug policy: the Office of Clinical Policy and Programs and the Office of Food Policy and Response.
First Meeting of the 2020 Dietary Guidelines Advisory Committee and Request for Comments
Food Business News published an article on March 12 announcing the open public comment period and first meeting of the Dietary Guidelines Advisory Committee (DGAC) for the Dietary Guidelines for Americans (DGA), on March 28-29 at the U.S. Department of Agriculture’s (USDA) Jefferson Auditorium. The agenda of the March meeting includes examining the Dietary Guidelines for Americans 2015-2020, considering new scientific evidence and current resource documents, and developing a report for the secretaries of the USDA and HHS. The DGAC plans to hold five meetings in total.
As previously advised, staff participated in this meeting and will share relevant updates. Following the meeting, next steps for CCC will be identified (e.g. submitting public comments to USDA and/or the U.S. Department of Health and Human Services (HHS)).
Experts Speculate about How Bioengineered (BE) Food will be Treated Under New FDA Leadership
On March 21, The Conversation published an article analyzing the future of FDA regulations on bioengineered (BE) food. Professor Ana Santos Rutschman of Saint Louis University tracks the progress of FDA regulations on BE food and describes Gottlieb’s decisions on BE foods as “in line with current scientific consensus in the United States and abroad.” According to Professor Santos Rutschman, Gottlieb’s announcement on reversing the import alert for AquAdvantage’s GM Atlantic salmon highlighted the FDA’s goal of assuring consumers that BE foods are safe to eat and “meet the FDA’s high safety standards.” Looking to the future, Professor Santos Rutschman believes that without a change in scientific consensus and despite the change in leadership, FDA will continue to approve BE foods entering U.S. markets.
FDA Announces New Website for Consumers on Menu Labeling
On March 13, FDA announced the launch of its new website, “Calories on the Menu – Information for Consumers,” to coincide with National Nutrition Month. This website was introduced as a tool to empower consumers to make healthier choices when dining outside the home. It contains educational materials to enhance consumer understanding of nutrition information, and offers assistance with the following steps for making healthy choices when eating out:
Of interest to CCC, the website advises consumers, “Calories from beverages can add up quickly. With calorie information, you can find lower-calorie options.”
Connecticut Governor Proposes Statewide Soda Tax in New Budget
On February 26, USA Today published an article reporting the push for a statewide soda tax in Connecticut Governor Ned Lamont’s budget proposal. If the governor’s budget is passed by the Connecticut state legislature as it currently stands, Connecticut would be the first to impose a statewide tax on sugar-sweetened beverages.
Lamont’s proposal outlines a 1.5% per ounce tax on sugar-sweetened drinks and predicts the state would receive $163.1 million in generated tax revenue in FY 2021. Lamont’s spokeswoman, Maribel La Luz, stated, “The governor believes that in addition to addressing our long-term fiscal stability, the budget should also help outline policy priorities for our state.” She added that taxes like this are meant to discourage unhealthy behaviors and improve public health.
USDA Announces Launch of the ‘Start Simple with MyPlate’ Campaign
On March 13, USDA issued a press release announcing the launch of its new campaign to simplify nutrition information. USDA showcases ‘Start Simple with MyPlate’ as an initiative to “reduce confusion surrounding healthy eating and help people start with the basics.” The purpose of the campaign is to provide online resources that demonstrate ways to easily incorporate foods from the five MyPlate food groups into a person’s diet. Online resources include the MyPlate Plan and widget, tip sheet, MyPlate Action Guide, a weekly menu template and toolkit for nutrition professionals.
Oatmilk, Keto, C.B.D. Among Top Trends at Expo West
On March 6, Food Business News published an article analyzing the top food trends that emerged from the Natural Products Expo West in Anaheim, California, March 5-9. This annual trade show previews natural, organic, specialty and functional products from more than 3,500 companies. Top trends coming out of this year’s expo include products that were in line with the ketogenic diet, which emphasizes consumption of foods low in carbohydrates and high in fat. Of interest to CCC, foods containing low- and no-calorie sweeteners (LNCS) were prevalent in this category. Other emerging trends spotted at the expo include oatmilk, plant-based eating, and cannabidiol (CBD).
Government Priorities Discussed at National Food Policy Conference
On March 15, Food Dive published an article analyzing the outcomes of the 2019 National Food Policy Conference hosted by the Consumer Federation of America, which took place March 14-15 and was attended by staff. Approximately 300 people were in attendance including representatives from the U.S. government and food industry. Major themes included sustainability, food waste, updates on food safety, sugar and sodium reduction initiatives, labeling laws or initiatives (such as “use by” or “best by” language on food packages), and updates to food assistance programs (WIC and SNAP).
Frank Yiannis, deputy commissioner for food policy and response at FDA, spoke to how FDA’s food safety efforts are to protect public health and consumer trust. Yiannis highlighted the agency’s plan to evolve into an era of “smarter food safety” by using new technologies, such as blockchain and artificial intelligence, to make decisions driven by data and traceability.
Industry is also monitoring for changes to the Dietary Guidelines for Americans on salt and sugar, as this is a strong priority for FDA. As more consumers trend towards proactively avoiding sugar in their diets, certain advocates continue to push for a soda tax to dissuade consumers from overconsumption of sugar-sweetened drinks. Laura MacCleery, policy director for the Center for Science in the Public Interest (CSPI), noted that while a soda tax is currently a controversial idea, “the day will come when it is not anymore.”
Attached are conference notes for your reference. Please notify staff if you have any questions.
Physician Groups Call for Soda Tax
As reported on March 25 by CNN and numerous other outlets, the American Academy of Pediatrics (AAP) and the American Heart Association (AHA) released policy recommendations that called for lawmakers to implement policies to reduce children’s sugary beverage intake, including taxation. This statement is the first instance of AAP recommending taxes on sugary drinks. Of interest to CCC members, the statement clarifies that “sugary drink, sugar-sweetened beverage [and] sugar drink” are all terms that refer to beverages containing added sugars. It’s further noted that, “In most studies, diet drinks (defined as, 40 kcal per 8 oz.), 100% fruit juice, and flavored milks are not considered to be sugary drinks.”
The statement recommends the following:
Arkansas Governor Signs ‘Truth in Labeling’ Bill into Law
On March 20, The Wichita Eagle published an article announcing the ‘Truth in Labeling’ measure was signed by Arkansas Governor Asa Hutchinson on March 18. This new law aims to protect Arkansas’ meat and rice producers from companies who “mislead consumers into thinking their products are something they are not,” according to the bill’s sponsor. For example, the law bans companies from classifying lab-grown meat products or meat substitutes as meat and also prevents manufacturers from marketing “cauliflower rice” if the product contains no rice. Arkansas is the sixth state to pass legislation regarding labeling regulation. In general, critics of labeling laws argue that they impose on First Amendment rights and violate federal labeling laws that ban mislabeling.
Navigating Natural Sweetener Solutions in Beverages
On February 28, Food Business News published an article highlighting the “natural” and “low sugar” labeling trends that are shaping the way producers are formulating products. The U.S. Grocery Shopping Trends 2018 survey polled consumers on the types of claims they are seeking on food and beverage packaging when shopping. According to the survey results, the number one claim of interest to consumers was a tie between low sugar and low sodium. Following that, consumers are seeking “no artificial ingredients” claims on packaging. These themes are pushing manufacturers to seek out more natural ingredients to keep the added sugar content of products low. In order to keep pace with demand, producers have started incorporating steviol glycosides into their products.
Many Factors Impacting Effectiveness of Soda Taxes
On February 28, Forbes published an article reporting on two recent studies that outlined significant indicators of the long-term effectiveness of soda taxes. A study published in the March 2019 issue of the American Journal of Public Health (AJPH) found that the soda tax in Berkeley, California resulted in a 52% decrease in soda consumption during its first three years of implementation. Berkeley’s soda tax was accompanied by a public campaign to educate children and families about healthy lifestyle choices. Revenue from the tax has been reinvested in community initiatives that focus on nutrition and health, which has received strong support from residents.
Alternatively, in Philadelphia, the city’s soda tax did not see the same type of success. In fact, opponents of the tax were able to take their fight to the Pennsylvania Supreme Court, arguing that the 1.5 cent-per-ounce tax was a form of double taxation given the general sales tax on products. However, in July, 2018, the court upheld the tax in a 4-2 ruling.
Philadelphia’s soda tax raised $137 million in the first quarter of FY 2019, which the city’s Mayor Jim Kenney pledged to put towards universal pre-kindergarten education in Philadelphia. Since this promise was declared, $38.4 million has gone to pre-kindergarten education. The remaining $101 million (as of December 2018) is being held in the city’s general fund.
Regarding the impact of the tax on shopping choices, the author of the Forbes article states research suggests residents of Philadelphia may be choosing to conduct their grocery shopping in neighboring suburbs where there is no soda tax. This conclusion highlights the concerns of the American Beverage Association (ABA), who argue that soda taxes often hurt local retailers as consumers drive further in an effort to avoid paying extra for their groceries.
Adding Breakfast to Classrooms May Have a Health Downside
On February 25, HealthDay published an article regarding new research in February’s JAMA Pediatrics journal, which suggests children who are offered breakfast in the classroom have an increased risk of childhood obesity. Focusing on children in fourth through sixth grade classrooms, the study’s researchers looked at whether there was any effect on weight if breakfast was universally available in the classroom during regular school hours versus before-school hours in the cafeteria. The researchers found that when children were offered breakfast in the classroom, the incidence of obesity more than doubled comparatively with children who ate outside of the classroom (11.6% vs 4.4%, respectively).
The researchers concluded that the correlation between breakfast offered in classrooms and increased incidences of obesity was likely more complex. Katherine Bauer, the study’s lead researcher, explained, “The increase in obesity was probably kids who had more difficulty with self-regulating food intake.” Bauer acknowledged it was possible that some of the kids who ate the breakfast served in the classroom were also receiving breakfast at home before school. It is recommended that the issue be considered by different populations and in schools that offer programs for free breakfast.
American Heart Association Adds Obesity to Heart Disease Risk List for Children and Teens
According to a February 26 article published by HealthDay, the American Heart Association (AHA) has released a statement listing obesity and severe obesity as conditions that increase the risk of early heart disease in children and teens. This statement serves as an update to a former 2006 AHA statement, which includes other conditions as risk factors such as type 1 and type 2 diabetes, family history of high cholesterol, congenital heart disease, and surviving childhood cancer.
Dr. Sarah de Ferranti, who serves as the chair of AHA’s statement writing working group and Chief of the Division of Cardiology Outpatient Services at Boston Children’s Hospital said in an accompanying statement, “Parents need to know that some medical conditions raise the chances of premature heart disease, but we are learning more every day about how lifestyle changes and medical therapies can lower their cardiovascular risk and help these children live their healthiest lives.”
Experts Ask U.S. to Establish Federal Nutrition Institute
On February 28, The New York Times published an op-ed calling for the establishment of a federal institute devoted to nutrition research. Dr. Joon Yun, Dr. David Kessler, and Mr. Dan Glickman argue, “Poor nutrition is a leading cause of poor health and spiraling health care spending [in the United States].” The authors cite research from the Tufts Friedman School that suggests poor eating causes an average of 1,000 deaths each day in the U.S. from heart disease, stroke, or diabetes. They also cite research from Mission: Readiness, a nonpartisan national security organization of retired senior military leaders, which suggests obesity is the leading medical disqualifier for preventing otherwise qualified Americans from enlisting in the military.
The authors argue that a lack of federal funding allocated to addressing the impact of poor nutrition on the various facets of American society, including the economy and military, constitutes the need for an institute dedicated solely to nutrition research. The authors propose the establishment of the National Institute of Nutrition, housed under the National Institutes of Health (NIH). They envision this institute as a facilitator and coordinator of “research into nutrients, food and their relationships to better health.”
Of specific interest to CCC, the institute would research areas such as “relationships between the gut microbiome and health,” and “personalized nutrition based on life stage, metabolism, health state, health goals and genetics.” The authors conclude, “Discoveries in these areas will help bring down health care costs and recover productivity loss as a result of diet-related diseases like obesity, diabetes, heart disease, many cancers and more.”
Sale of Sugary Foods and Beverages
According to an article published March 5 by FoodNavigator-Asia, Chinese authorities are pushing to limit the public’s intake of sugar-sweetened food and beverages in order to improve oral health. Statistically, 34.5% of 12 year olds in China reported tooth decay in 2016. China’s National Health Commission (NHC) aims to reduce that number to 32% in 2020 and 30% in 2025. The oral health initiative is part of a larger healthy lifestyle project China first introduced in 2017. The overall initiative pushes for a lower intake of salt, oil, and sugar while promoting oral and bone health, in addition to weight management.
As part of a long-term action plan to promote oral health, the NHC ordered primary and secondary schools as well as childcare centers to limit the sale of products high in sugar. The NHC is also encouraging food manufacturers to produce options that are reduced-sugar or sugar-free.
EU Court Overturns EFSA Decision to Withhold Unpublished Studies
On March 7, Feed Navigator published an article reporting on the decision by the European Union’s (EU) General Court that overruled the choice of the European Food Safety Authority (EFSA) to withhold studies it used to determine the safety of glyphosate. The EU Court made its ruling on the grounds that the refusal to disclose the studies “would have an adverse effect on the protection of the commercial interests of the owners of the requested studies.” EFSA welcomed the decision by the EU’s top court, stating that the ruling clarifies EU legislation on public access to documents and provides a straightforward legal guideline for handling future disclosure requests.
New Documents Suggest New Zealand Health Ministry Continues Sugar Tax Deliberation
On February 25, FoodNavigator-Asia published an article reporting on new documentation suggesting that New Zealand’s Health Minister, David Clark, is still actively deliberating a sugar tax despite prior government statements saying otherwise. Clark pushed back on this claim in a statement to the New Zealand Herald, saying that he had “only received the final version of this draft document recently” and had “yet to consider it.” The newly surfaced document prepared by the ministry explored various ways to combat obesity; including the feasibility of a sugar tax and the reduction of restaurant portion sizes.
Chile’s Sugary Food Fight Echoes around the World
On March 11, Financial Times published an article reporting on Chile’s sweeping public health campaign to cut sugar and battle obesity. Some of the Chilean government’s tactics include an 18% tax on high-sugar drinks, restricting cartoon food marketing towards children, and a mandate that requires large, black, “cigarette-style” warning labels on foods high in salt, saturated fat, sugar, and calories. Early analyses suggest the campaign is working. According to a study conducted by researchers in the United Kingdom and Chilean, monthly consumption of sugary drinks fell by almost 22% since the tax started in 2014. Chile’s interest in a widespread public health campaign is not alone; several other governments around the world are considering, or have implemented taxation on unhealthy foods. Mexico, Hungary, Thailand, the United Kingdom, and some U.S. cities have all implemented various forms of taxation on sugar-laden food products.
Food Drink Ireland Hails Progress on Reformulation
On February 25, FoodNavigator published an article highlighting a report released by Food Drink Ireland (FDI) that found a decrease in salt, sugar, and fat content in popular food products for sale. The report examined changes in nutritional composition from 2005 to 2017 and included roughly 1,780 products from fifteen popular food and beverage companies. Researchers discovered that reformulation of products saw the level of sodium cut the most at 28 percent. Salt reduction was at 10.1 percent and fat reduction was at 8 percent. Linda Stuart-Trainor, Director of Prepared Consumer Foods at FDI, stated “This report demonstrates the food and beverage industry’s ongoing commitment to the societal effort to tackle obesity and improve public health.”
United Kingdom Considers Limited Ban on Junk Food Advertisements to Fight Childhood Obesity
On March 17, the Independent published an article reporting a proposed UK government ban on junk food advertisements. The ban would restrict both online and television outlets from running junk food advertisements before 9:00 p.m. According to the UK’s Department of Health and Social Care, the UK is combatting a growing childhood obesity crisis. Its research states that one in three UK children leaves primary school overweight or obese and the number of children classified as ‘seriously obese’ is at a record high. UK campaigners, doctors, and politicians were in favor of the proposed advertising ban.
Australia Combats Childhood Obesity
On March 21, The Conversation posted an edited transcript of a speech made by Alessandro Demaio, MD, a fellow in Global Health & NCDs at the University of Copenhagen, about the need for a plan to combat childhood obesity in Australia. Demaio notes that childhood obesity is a growing epidemic in Australia; one in four children were affected by the condition in 2011. In order to better offset this trend, Demaio calls for a soda tax on “junk drinks” in order to reduce consumption. “Increasing the price of sugary drinks protects public health,” Demaio claims. He goes on to argue that investing in prevention methods will save Australian taxpayers in the long term through decreased spending on overall healthcare costs. Demaio’s speech highlights growing international interest in soda taxation.
CCC Submits Comments to the Eurasian Economic Commission
On March 8, CCC submitted the attached comments to the Eurasian Economic Commission and the Russian Scientific and Technical Centre for Information regarding the usage of the term “Isomalt (E935)” in Russia’s draft amendments to the Technical Regulation of the Customs Union. In these comments CCC noted the inconsistent translations of the Russian term “изомальтит (Е953)” used in the Russian draft. This term translates to “isomaltit” in German or Russian and to “isomaltitol” in English. Therefore, CCC recommended the Russian Federation revise its draft amendments to use the correct term consistently throughout the amendments.
Communications Update
General Program
Council Response to Circulation Study: CCC responded to research published on Monday, March 18, in the American Heart Association journal, Circulation, entitled “Long-Term Consumption of Sugar-Sweetened and Artificially Sweetened Beverages and Risk of Mortality in US Adults.”
Sweetener-Specific Activities
Polyols: To promote the benefits of polyols as a sweetener not counted as added sugars on the new Nutrition Facts Label, CCC staff developed and distributed a ready-made newspaper article and radio script through a network to help promote the news to consumers. The original March 20 posting for distribution is here. A report on media pickup of the news will be forthcoming in a future Digest.
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.
