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 the last week of October through November 2018.
US Policy and Regulatory Updates
• Industry Comments on FDA’s Nutrition Innovation Strategy
• West Coast Voters Show Split on Soda Taxes
• FDA Announces Plant and Animal Biotechnology Innovation Action Plan
• USDA/FDA Funding Still Uncertain During Lame Duck Congress
• Physicians Urge FDA to Implement Strict Labeling of High-Sugar Foods
• Federal Court Urged Not to Dismiss GMO Labeling Suit
• FDA Extends Comment Period on Use of Names of Dairy Foods in Plant-Based Substitutes
International Policy and Regulatory Updates
• U.S. Signs WTO Statement on Harmonized Biotechnology
• Australia-New Zealand Share Notification Circular (63-18)
• Key Players Suspend Evolved Nutrition Label Involvement Over Portion Size Concerns
Publication Updates
• Marion Nestle Publishes Unsavory Truth
• Report Recommends Modifying Dietary Guidelines to Reduce Diabetes
• Microbiome Changes Impacting Obesity Linked to Immigration
• Academy of Nutrition and Dietetics and The Obesity Society Announce Collaboration on Treatment of Obesity and Weight Management
• Study Published on How a Low-Carb Diet Might Help You Maintain a Healthy Weight
Council Updates
• CCC Holds its 2018 Annual Meeting in Arlington, Virginia
• CCC Thanksgiving and National Diabetes Month Coverage
• Additional Communications
Industry Comments on FDA’s Nutrition Innovation Strategy
On October 26, the National Law Review published an article reporting on industry’s comments regarding the U.S. Food and Drug Administration’s (FDA) Nutrition Innovation Strategy (NIS). Of the 1,357 comments submitted, most addressed the definition of “healthy,” a “healthy” symbol, consumer education, and standards of identity. Most companies focused on specific areas of interest to them, but all expressed interest in supporting greater consumer understanding and public health, while also increasing the ability to innovate. Several companies expressed interest in broadening standards of identity. For example, Chobani is requesting the ability to market Greek yogurt under a standard of identity as a high protein food. In addition, Campbell Soup Company reportedly believes that “a significant liberalization of qualified health claim language would help drive innovation and be beneficial to consumers,” but warns that “an approved claim that is so laden as to render the claim entirely unappealing to consumers” will suppress research and innovation.
The article does not discuss comments submitted by industry organizations, such as CCC and the Food & Beverage Issue Alliance.
West Coast Voters Show Split on Soda Taxes
On November 6, voters in Oregon and Washington State had the chance to decide whether new soda taxes have a future in the Pacific Northwest. In Washington, a ballot measure that makes it impossible for cities and counties to enact new soda taxes was passed, although an existing soda tax in Seattle will still stand. Beverage companies donated more than $20 million to support the measure, Initiative 1634. According to a November 7 article published by Vox, this substantial funding may have resulted in voters not realizing they were voting against soda taxes. This is because the industry-backed, heavily promoted campaign “Yes! To Affordable Groceries” described the measure as “opposing new taxes on everyday grocery items, such as meat, dairy and beverages.”
On the other hand, a similar initiative in Oregon, Measure 103, was voted down. In this case, industry spent a much smaller sum of $5.7 million supporting the measure to prohibit future soda taxes. Laura MacCleery, policy director at the Center for Science in the Public Interest (CSPI), claimed that the difference in outcomes in the two states, “is a difference where advocacy groups had the resources to stand up and explain to voters what the measure was about.”
FDA Announces Plant and Animal Biotechnology Innovation Action Plan
On October 30, FDA published a statement from Commissioner Scott Gottlieb and Deputy Commissioner Anna Abram on the agency’s new plan to advance plant and animal biotechnology innovation. In an effort to implement modern regulations that foster innovation in this emerging field, the statement includes an announcement of the Plant and Animal Biotechnology Innovation Action Plan. The three priorities are as follows:
As a first step in implementing this plan, FDA is focusing on animal biotechnology, with an upcoming public webinar on genome editing in animals and a veterinary innovation pilot program. CCC does not plan to participate in this webinar.
USDA/FDA Funding Still Uncertain During Lame Duck Congress
An article published in Food Chemical News (FCN) (subscription required) on November 12 noted that, while the midterm elections confirmed democratic control of the U.S. House of Representatives, Congress must still address several legislative action items during the lame duck session which lasts until January. One of these items is the Fiscal Year 2019 funding of the FDA and the U.S. Department of Agriculture (USDA). Although several government spending bills were rolled into “minibus” funding bills and signed into law ahead of the November 6 elections, Congress was unable to strike deals for the remaining seven measures, including USDA/FDA funding.
Funding for FY 2019, which started in October, has been sidelined. Both House and Senate spending bills would cut the USDA Food Safety and Inspection Service (FSIS) budget by $7.5 million to $1.049 billion. The House bill is more generous with USDA’s Agricultural Research Service (ARS) with a $52.6 million increase, while the Senate bill would reduce ARS funding by $42.4 million.Those in favor of boosting FDA’s budget in FY 2019 prefer the higher budget of the House appropriations bill, but favor some provisions in the Senate bill, including the $15 million increase proposed for food safety. Notably, the House committee-passed bill provided no extra funding to helps states ramp up Food Safety Modernization Act (FSMA) implementation efforts.
In addition to settling FDA funding differences between the House and the Senate, several food policy issues need to be addressed which were tucked into the spending bills. For example, both bills would prevent FDA from writing final guidance on sodium reduction actions until a dietary reference intake report is completed, and from moving ahead with requiring added sugars labeling for certain single-ingredient foods such as honey and maple syrup in the Nutrition Facts rule. However, in June, FDA announced it was rethinking its approach about added sugars labeling to make key information available to consumers.
Physicians Urge FDA to Implement Strict Labeling of High-Sugar Foods
On November 13, the American Medical Association (AMA) released a statement announcing it has adopted a new policy aimed at increasing consumer awareness of the amount of added sugars, as well as the type of allergens, in food products. In the statement, AMA urges FDA to ramp up the labeling of high-sugar foods. The association, which represents U.S. physicians, is calling on FDA to develop front-of-package (FOP) warning labels for foods high in added sugars, and is also asking FDA to limit the amount of sugar that can be added to products making health claims.
Federal Court Urged Not to Dismiss GMO Labeling Suit
As reported by FCN (subscription required), a California consumer is urging a federal judge not to dismiss a class action against Nestle, arguing the company has failed to disprove her claims that the company’s “No GMO Ingredients” seal is deceptive. The plaintiff contests that the seal misleads the consumer to believe it is that of a third party, when in fact, it is Nestle’s own creation and “self-endorsement.” The lawsuit alleges the seal mimics the Non-GMO Project’s certification, but Nestle’s products would not comply with the Non-GMO Project standard as they contain dairy ingredients that come from cows raised on genetically engineered grains. Nestle says the lawsuit is preempted by federal law, as its labels comply with FDA and USDA regulations, noting that its “No GMO Ingredients” claim is verified by SGS, a testing and certification firm based in Switzerland. In its motion to dismiss, the company says the product label references the SGS website and provides consumers with the ability to obtain complete information about its standard.
FDA Extends Comment Period on Use of Names of Dairy Foods in Plant-Based Substitutes
On November 15, FDA announced its intention to extend by 60 days the comment period on modernizing standards of identity (SOI) and the use of dairy names for plant-based substitutes. While FDA is primarily seeking comments on the labeling of plant-based products, this call for public comments signifies a primary step in FDA’s NIS. CCC does not intend to submit comments. If you would like to do submit comments please inform staff by Friday, December 7.
U.S. Signs WTO Statement on Harmonized Biotechnology
As reported by Politico Pro! (subscription required) on November 2, the U.S. joined twelve other World Trade Organization (WTO) members in signing a non-binding statement spearheaded by Argentina that promotes synchronized regulatory approaches on agricultural biotechnology. The statement supports the use of biotechnology as an essential tool in combating food insecurity, as well as environmental and food safety issues. Other signatories included Australia, Brazil, Canada, Colombia, the Dominican Republic, Guatemala, Honduras, Jordan, Paraguay, Uruguay, Vietnam and the Secretariat of the Economic Community of West African States.
Australia-New Zealand Share Notification Circular (63-18)
As an industry stakeholder, CCC staff received notice from Food Standards Australia New Zealand (FSANZ) that Notification Circular (63-18) was published on November 13. This circular notifies of the approval of several additives, including A1129 Monk Fruit Extract and A1157 Enzymatic production of Rebaudioside M to the Australia and New Zealand Ministerial Forum on Food Regulation (convening as the Australia and New Zealand Food Regulation Ministerial Council).
Key Players Suspend Evolved Nutrition Label Involvement Over Portion Size Concerns
As reported by Food Ingredients 1st on November 21, five major food and beverage companies have abandoned a project called the Evolved Nutrition Label (ENL) Initiative, aimed at creating traffic light nutrition labels to help EU consumers better understand what is in their food. The ENL proposal is similar to the traffic light labels used in the UK. It is a color-coding system based on individual ingredients such as sugar, salt and fat in food and drink items. The main difference is under the ENL initiative the colors would be allocated for smaller portions (below 60g) on a “per portion basis” rather than “per 100g.”
After two years of working together, the five companies, some of which are CCC members, have decided to suspend ENL trials for food because of a lack of EU-defined portion sizes which has led to insufficient understanding and support of the industry’s proposed scheme. For example, there are concerns over the misleading nature of refraining from placing a red light on Nutella, a high-fat, high-sugar product. The companies continue to advocate for harmonization of interpretative labeling at EU level and call on the European Commission and member states to take the necessary steps.
Marion Nestle Publishes Unsavory Truth
On October 30, Marion Nestle, an acclaimed consumer activist, nutritionist, and academic who specializes in the politics of food and diet, published her new book titled Unsavory Truth: How Food Companies Skew the Science of What We Eat. The book details how industry-funding of nutrition research affects public health. Nestle explains that these studies are more about marketing than science, and are often paid for by the companies and associations that sell foods. Along with greater Kellen staff, CCC staff received and reviewed this book in detail and worked with public affairs staff on a strategic, coordinated approach to respond to attention on the book’s accusations on behalf of the broader industry if necessary.
Report Recommends Modifying Dietary Guidelines to Reduce Diabetes
A report titled “The Cost and Impact of Type 2 Diabetes: Policy Recommendations for a Growing Public Health Epidemic” was published on November 1 in the journal Food & Nutrition. The report was sponsored by Atkins Nutritionals and authored by Paul Keckley, President of the Keckley Group, a healthcare advisory firm. Two of the five major factors experts and policy makers have identified as responsible for increased costs associated with Type 2 diabetes highlighted by Keckley are confusion about healthy food choices amongst American consumers, and low prioritization of nutrition, pricing policies, and income inequality amongst policymakers. Although a public health crisis, simple treatments of proper nutrition therapy and exercise can be effective in causing remission of type 2 diabetes. The report includes the following suggestions for immediate next steps:
Microbiome Changes Impacting Obesity Linked to Immigration
On November 1, a study titled “US Immigration Westernizes the Human Gut Microbiome” was published in the journal Cell. The study, conducted by researchers at the University of Minnesota and the Somali, Latino, and Hmong Partnership for Health and Wellness, measured gut microbiomes and dietary intake from immigrants moving from Southeast Asia to the United States. Second-generation immigrants were also included to determine if the effects of U.S. immigration were compounded across generations by birth in the U.S. Researchers measured the short-term effects of immigration by following a group of 19 Karen refugees for their first six to nine months upon arrival in the U.S. In that time period, researchers found the Western strain Bacteroides began to displace the non-Western bacteria strain Prevotella. This Westernization was also observed in the first decade in the U.S. as overall microbiome diversity decreased the longer the immigrants had been in the country. Although this study cannot be used to establish a cause-and-effect relationship between the microbiome changes in the guts of immigrants and the rise in obesity, it does suggest that greater microbiome westernization is linked to greater obesity.
Academy of Nutrition and Dietetics and The Obesity Society Announce Collaboration on Treatment of Obesity and Weight Management
On November 14, the Academy of Nutrition and Dietetics (AND) and the Obesity Society announced a three-year collaboration to develop materials, programs and other activities related to evidence-based treatment of obesity and weight management. The collaboration will feature educational, scientific or clinical sessions or presentations at each organization’s annual meetings; workshops, programs or presentations at other conferences; and live or recorded webinars or other online programs and presentations. According to the collaboration agreement, the two organizations “will leverage their respective brands and communication assets, including social media channels and digital platforms, to promote the activities and contribute to the advancement of the shared commitments envisioned by this agreement.”
Study Published on How a Low-Carb Diet Might Help You Maintain a Healthy Weight
On November 14, a study was published in the British Medical Journal (BMJ) titled “Effects of a low carbohydrate diet on energy expenditure during weight loss maintenance: randomized trial” that sought to determine the effects of diets varying in carbohydrate to fat ratio on total energy expenditure. In the study, 164 adults with a body mass index of 25 or more were randomly assigned to one of three test diets according to carbohydrate content (high, 60%, n=54; moderate, 40%, n=53; or low, 20%, n=57) for 20 weeks. Test diets were controlled for protein and were energy adjusted to maintain weight loss within 2 kg.
Researchers found that overweight adults who cut carbohydrates from their diets and replaced them with fat sharply increased their metabolisms. After 20 weeks on the diet, their bodies burned approximately 250 calories more per day than people who ate a high-carb, low-fat diet. This suggests that restricting carb intake could help people maintain their weight loss more easily. It also represents evidence to support a shift in guidelines and government policies away from focusing on calories and low-fat and toward better diet quality.
CCC Holds its 2018 Annual Meeting in Arlington, Virginia
Thank you to all who participated in CCC’s 2018 Annual Meeting, which took place November 7-9 at the Hyatt Regency Crystal City in Arlington, Virginia. Staff will be circulating meeting minutes and related materials shortly. Presentations shown during the meeting are located here under 2018 Meeting just below the agenda shown. Password is “cccinfo.”
General Program
CCC Quoted in More Than 500 Media Outlets for Thanksgiving Calorie Story
The Calorie Control Council’s Thanksgiving Calorie Meal media outreach was well received with the story picked up by 500 media outlets, including several national outlets — Inside Edition (syndicated TV), USA Today, CNBC and Health in a Heartbeat syndicated radio program airing on 55 National Public Radio (NPR) radio stations — and hundreds of local TV segments and newspaper outlets. (For context, Inside Edition gets more viewers than any of the following syndicated programs: Live with Kelly and Ryan, Ellen, Rachael Ray Show, The Dr. Oz Show and The Doctors). Media stories and segments included Calorie Control Council’s messaging on what is a typical high-calorie count Thanksgiving dinner. The Council offered ways to keep the count in check while still enjoying the holiday.
National Diabetes Month
Staff developed, posted and promoted a temporary page created in honor of National Diabetes Month on CalorieControl.org. New content was developed by staff, social media advisors, and scientific advisors, and old content was repurposed, for example, diabetes-friendly recipes. Staff wrote “Five Tips for Managing Diabetes” and pitched it via media outreach, securing placements with Healthy magazine, Black Enterprise magazine and VIPortal Health, among others. In addition, staff arranged an interview of Sylvia Melendex Klinger (a past advisor to the Council) with CNN En Espanol for a segment surrounding diabetes. Staff will share the recording if aired in a future update to members.
High Intensity Sweetener (HIS) Committee
Staff further edited talking points, a statement and other material in preparation for the upcoming announcement related to LCNS from the World Health Organization (WHO) Nutrition Guidance Expert Advisory Group (NUGAG).
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.
