US Policy and Regulatory Updates
USDA’s GMO Disclosure Rule Currently at OMB
As reported by Food Chemical News (subscription required) on January 4, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) has outlined a plan to implement the National Bioengineered Food Disclosure Standard, but it is unclear when this will be published, or even if that will occur in time to finalize the rule by the July 29, 2018 statutory deadline.
On December 26, 2017, the proposed rule was transmitted from AMS to the White House Office of Management and Budget (OMB), where it must be reviewed and approved before the Agency releases it for public comment. Although OMB is expected to review proposed rules within 90 days, there is not a legal deadline, and AMS has declined to comment on when it expects OMB to return the proposal for publication in the Federal Register. As of February 1, the proposed rule is still “pending review” in the White House review docket.
Philadelphia Soda Tax Blamed for Job Losses
As reported by Bloomberg in a January 9th article, the American Beverage Association (ABA) carried out a study with Oxford Economics showing a loss of 1,192 jobs and a 29% fall in bottlers’ sales due to Philadelphia’s soda tax. According to a local CBS story, total revenue received during the first year of the city’s tax was an estimated 15 percent below projections. Meanwhile, beverage sales have increased outside city limits, indicating that shoppers are willing to take great lengths to avoid the tax.
However, the money raised validates the argument of those in favor of the tax. Over the past year, $72 million has been collected which has been used to send 2,700 children to school and increase funding for 11 schools. It’s also helped the city start a $500 million investment plan for parks, recreation centers, and libraries.
Still, the beverage industry stands to argue that the tax is not a stable, reliable way to fund public programs. Considering the previous tax-bans in Chicago and Michigan, and other votes against soda taxes in New Mexico and Oregon, the industry appears to be entering 2018 with a stronger hand.
U.S. Court to Reconsider San Francisco Soda Warning
On January 29, Reuters published an update to an earlier court ruling which blocked a San Francisco law mandating that visual marketing of soda and other sweetened beverages include a health warning. In their ruling last year, the three-judge panel stated the mandate “overwhelmed other visual elements of the ads” and unfairly targeted one group of products. As of this January, the U.S. appeals court has decided to reconsider this ruling in front of a larger, 11-judge panel, but did not provide any specific reason for their decision to do so. However, San Francisco’s City Attorney Dennis Herrera did refer to the court’s decision to reconsider the soda warning mandate as an important step for consumer protection.
Trump Administration Delays FSMA Enforcement
On January 5, notice of new Food Safety Modernization Act (FSMA) guidance was published in the Federal Register entitled “Policy Regarding Certain Entities Subject to the Current Good Manufacturing Practice and Preventive Controls, Produce Safety, and/or Foreign Supplier Verification Programs: Guidance for Industry.” This guidance exempts some of those who harvest, package, and hold food produce on farms, and also eliminates the written company-to-company food safety documentation of dangerous pathogens required under the final FSMA rules. Critics say this decision creates a dangerous gap in the country’s food safety net, and comment that under the Trump Administration, such indefinite delays in food safety rules are being published as final guidance without public input. This is in contrast to the previous administration which allocated a finite delay period during which comments were collected.
FDA Releases Policy Roadmap for 2018 Emphasizing Nutrition Policy
On January 11, the Food & Drug Administration (FDA) released “Healthy Innovation, Safer Families: FDA’s 2018 Strategic Policy Roadmap.” For the first time, nutrition will be among FDA’s top areas of focus. Several specific actions are expected to be part of a larger “Nutrition Action Plan”, which can be found on page 15, including menu labeling guidance, Nutrition Facts labeling rules, and plans for a new public education campaign to cover both labeling types, as well as revisiting certain existing claims such as “healthy” and modernizing certain standards of identity. FDA notes that it intends to issue a request for information to identify and help prioritize which potential standards of identity should be modernized based on their public health value. CCC staff will share this request with members when published.
In addition to nutrition policy, the other top three areas of focus include:
Nutrition Facts Regulations Still in Flux
According to Politico, FDA’s plans to update the Nutrition Facts label (NFL) still appear to be a daunting task, even with the 18-month compliance date extension. The main outstanding issue remains fiber. At an industry conference in early January, director of FDA’s Office of Nutrition and Food Labeling, Doug Balentine, was quoted saying, “We talk about it every day. We know everybody really wants to know what the deal is with fiber…Be patient. We’re working on it.” A Covington alert noted that the White House review docket currently has nothing pending related to the NFL or fiber petitions, further enforcing feelings that there remains a long road ahead for this activity.
In addition to submitting additional Council comments to FDA in January regarding its fiber guidance, staff has provided member feedback to the Food and Beverage Issue Alliance (FBIA) related to questions about dietary fiber to use in an upcoming meeting with FDA. The date of this meeting has not yet been confirmed.
National Toxicology Program Names New Associate Director
The National Institutes of Health (NIH) announced in a January 12 press release that Brian Berridge, D.V.M., Ph.D., will lead the National Toxicology Program (NTP). As Associate Director, Berridge will coordinate toxicology research and testing across nine different federal agencies, including the FDA and the Centers for Disease Control and Prevention. Berridge has already been advising the NTP since 2015 as a member of the Scientific Advisory Committee on Alternative Toxicological Methods. His background is in cardiovascular toxicology, and he previously spent five years directing global animal research strategy at GlaxoSmithKline. According to the press release, Berridge is an advocate for alternative toxicological methods that decrease dependence on animal studies, while also enhancing the applicability of animal study findings for humans.
NIH Releases Roadmap to Replace Animal Use in Toxicity Testing
In a January 30 news release, NIH announced the release of a report entitled “A Strategic Roadmap for Establishing New Approaches to Evaluate the Safety of Chemicals and Medical Products in the United States” developed by the Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM). The framework was created by representatives from sixteen federal agencies and aims to provide more human relevant toxicology data – a key priority for the NTP’s new Associate Director, Brian Berridge. The report tackles three strategic goals required to achieve desired progress:
The process of addressing the roadmap’s goals are already underway. Reviews of U.S. agency information requirements and decision contexts for areas such as skin sensitization and acute system toxicity testing are being prepared for publication later this year. Further, ICCVAM is sponsoring a session on the roadmap at the Society of Toxicology meeting in March, with several other scientific meetings to follow in spring.
CCC staff will continue to monitor and report on such efforts towards a significant shift in safety testing which could influence members and future Committee research activities.
USDA and FDA Announce Formal Collaboration Agreement
On January 30, the U.S. Department of Agriculture (USDA) posted a press release announcing that Secretary Sonny Perdue and FDA Commissioner Scott Gottlieb signed a formal agreement to promote coordination and streamlining on shared concerns and matters related to both agencies. The agreement aims to “increase clarity, efficiency and potentially reduce the number of establishments subject to the dual regulatory requirements of the USDA and the FDA.” Specifically, the agreement addresses the implementation of produce safety measures and biotechnology efforts, and the identification of ways the agencies can better align and enhance efforts to develop specific regulatory approaches to biotechnology as they work to address the September 2016 National Strategy for Modernizing the Regulatory System for Biotechnology Products.
International Policy and Regulatory Updates
Bermuda Publishes Sugar Tax Consultation
On January 4, Bermuda’s Ministry of Health launched a public consultation on the proposed implementation of a tax on sugar in response to the prevalence of obesity and diabetes amongst its adult residents. The import tax is set to take effect beginning September 2018, with the present consultation seeking input on policy design, rather than alternative proposals. The detailed consultation document can be found here, and does not explicitly reference food and beverages containing alternative or artificial sweeteners. However, the tax “will be applied to items identified as non-nutritive, luxury items (candy, sugar, energy drinks and soda)…” The government is consulting on the following:
The public comment period will close on March 1, 2018. It is being requested that comments address the summary of consultation questions on page 14. Comments are being collected through two channels: a survey-type Q&A page and via email. Please notify me by Friday, February 16, if you support completion of the Q&A page or written comments on behalf of the Council.
Vietnam Faces Mounting Opposition to Sweetened-Beverage Tax
According to a January 10 article in The Jakarta Post, the Vietnamese Ministry of Finance is receiving push-back from businesses on its proposed 10 percent tax on sweet drinks to combat obesity rates. The ministry’s first proposed the tax three years ago only on carbonated drinks. Now, all sweetened beverages, excluding dairy, are subject to the tax. Critics, including Herbert Cochran, director of the Vietnam Trade Facilitation Alliance, say the tax will create discrimination in the food and beverage industry, and that taxing sweet beverages may not help reduce or prevent multi-factorial problems like diabetes and obesity.
EFSA Seeks Suggestions on Sugar Research
In January, the European Food Safety Authority (EFSA) announced a public consultation on its planned approach for its upcoming assessment of dietary sugars. The objective is to establish a cut-off value for intake of “free” sugars not associated with adverse health effects. The draft protocol for the Scientific Opinion on free sugars from all dietary sources can be found here. EFSA is collecting public comments and data-sets to support comments until March 4.
Staff reached out to the International Sweeteners Association, who responded that they are not planning on submitting comments. If you would like to comment, please let me know by Friday, February 16.
Egypt’s New Food Safety Agency Begins Work
It was announced on January 11 in a USDA GAIN report that, the National Food Safety Authority (NSFA) established by the Egyptian parliament on January 2, 2017, has now assumed its responsibilities beginning January 10, 2018. Below is a bulleted summary of NSFA’s functions and powers:
While the new agency is only now being set up, staff will monitor for opportunities to share comments or safety data on alternative sweeteners and ensure their usage continues to be allowed in the country.
South Africa Introduces Sweetened Beverage Tax
In a December 29 NewsDeeply article, it was reported that the cost of soda will increase in South Africa once an excise tax on most sugary drinks sold in the country takes effect April 1, 2018. The tax will levy 2.1 cents-per-gram of sugar on all sweetened drinks, which will in turn increase the price of a can of soda by an estimated 11 percent. However, the first 4 grams of sugar per 100 ml will be exempt, thus providing an incentive to encourage industry to reformulate, using other ingredients to reduce sugar content.
Council Updates
CCC Submits Comments to FDA Regarding Dietary Fiber Guidance
On January 11, CCC provided additional comments (attached) to FDA requesting the Agency finalize its dietary fibers guidance and announce approval of all non-digestible carbohydrates that meet the definition of dietary fiber. In addition, it was requested that FDA determine a two-year compliance date only after challenges associated with the new definition of dietary fiber are addressed.
CCC Staff to Optimize Research Study Summaries
As a point of information, staff plans to optimize research study summaries circulated to members to increase efficiency and address member feedback. The explanation and analysis of studies will continue to be aligned with current member expectations. Studies that warrant a response will be shared with members immediately and will include potential next steps whereas studies with a low risk of media pick-up will be compiled and shared monthly. It is our belief that streamlining this process will allow staff to best use its resources in addition to ensuring study summaries present minimal burden and maximum value for members.
General Program
Fiber Working Group
Aspartame Working Group
Consumer Insights
Consumers Look for More Trust-Worthy Claims on Labels
According to an article published on January 2 in the Washington Post, consumers are becoming both more knowledgeable and apprehensive when it comes to certain claims used to market foods and beverages. For example, consumers are letting go of beliefs that claims such as “no sugar added” meant the product was overall better for their health, as they did before. According to Mintel’s 2018 Food & Drink Trends report, consumers are now looking for “total transparency” from companies, emphasizing their desire to know what’s in their food, not what their food is “free from”.
Market research also shows that words such as “natural” and “clean” are being seen as pretentious and ridiculous, reflected by the 51% decrease in product launches making “all-natural claims” over the past five years as reported by FoodDive. According to the Hartman Group, usage of “organic” and “GMO-free” on labels is beginning to slow in conjunction with reduced consumer trust in organic claims, particularly when being used by big brands on processed foods.
Focus on FODMAP Diet in 2018
According to a January 12 article published by Food Navigator, low FODMAP foods intended to mitigate IBS symptoms will be the new buzzword amongst consumers, similar to the effect of “gluten-free”. “FODMAP” stands for fermentable oligosaccharides, disaccharides, monosaccharides and polyols, all of which are not digested but produce gas as they are fermented by gut bacteria. The article notes that more and more food manufacturers are wanting to keep up with increasing consumer inquiries about FODMAP ingredients, and can now receive a low FODMAP certification through the Monash Certification Program. The on-pack certification symbol can be viewed here, and also in this article which highlights Canada-based MSPrebiotics Inc as “the first FODMAP Friendly certified prebiotic.” CCC staff continues to develop content for the Council’s websites to address this fad and alleviate consumers’ potential concerns about the digestibility of alternative sweeteners.
Popular Diets Pave the Way for Low Carb, High Fiber Products
In a January 18 article on Nutraingredients-usa.com, it was noted that the explosion of diet plans that demonize carbohydrates could cause an upswing in fiber’s popularity. In addition to the above mentioned FODMAP diet, which seeks to limit certain carbohydrates purported to irritate the guts of those with digestive sensitivities, the Paleo diet also seeks limit carbohydrate intake while emulating ancient hunter gather eating habits. Those who are “paleo” stick primarily to meat or fish, vegetables, and nuts and fruits, and in the strictest of cases exclude grains. Thirdly, the ketogenic diet claims that, by restricting carbohydrates, the body turns to burning of fat for energy.
A commonality between these diets is that adequate fiber intake is often not addressed. This presents an opportunity to promote the importance of supplemental fiber in forms that can be added to smoothies and other prepared foods. The article notes that such supplemental fiber products can be successfully marketed to not only replace the fiber lacking in carb-restricted diets, but also help promote satiety – a benefit of likely importance to many who turn to such diets in order to manage their weight. However, given the fact that FDA has yet to release its long-anticipated fiber guidance, many companies remain in a holding pattern preventing them from capitalizing on this trend.
Consumer Interest in Increasing for Foods Promoting Gut Health
An industry article reports that Schieber Research identified gut health as a leading concern amongst consumers. Research shows that phrases like “best foods for gut health” have seen a 350% increase in Google searches over the past five years. CCC staff will monitor for additional opportunities to promote fiber as an ingredient for gastrointestinal health to food industry professionals.
Report Released on Finnish Intake of Additives Including Sweeteners
As reported in a Foodnavigator article published January 26, a report by the Finnish Food Safety Authority Envira found that the intake of food additives in Finland is mostly within safe limits. The report looking at approximately 150 natural and synthetic food additives used in processed foods said, “At population level, the intake of additives is estimated to remain below acceptable daily levels.” However, the report calls for further study into certain additives, namely sulphites, benzoates, sorbates, some coloring agents, phosphates, glutamates, and certain sweeteners like acesulfame K and cyclamate in order to prepare more accurate estimates of consumer exposure based on product-level data. The report can be read here, although it is unfortunately only in Finnish.
Food & Beverage Canada Launched
In a January 16 Business Journal press release, a new organization representing food and beverage manufacturers in Canada was announced. Food & Beverage Canada (F&BC) is comprised of seven regional food and beverage manufacturing associations and leading industry and stakeholder members. CCC staff will monitor for opportunities to engage with F&BC in regulatory efforts requiring coordinated industry-wide efforts.
Upcoming Industry Meetings & Events
SupplySide East Coming to New Jersey
SupplySide, the East Coast’s leading ingredients and solutions trade show, will be held in Secaucus, New Jersey, on April 10-11. Early registration pricing is valid through February 23, 2018.
Clean Label Conference to Focus on Sugar
The 2018 Clean Label Conference is set to take place March 26-28 in Itasca, Illinois (registration information here, with early bird pricing until February 23). Of interest to the Committee, the program will address overcoming the challenges of sugar replacement, reduction and reformulation.
CCFA50
The 50th Session of the Codex Committee on Food Additives will be held in Xiamen, China from March 26-30 (agenda attached). Staff will be attending and participating on behalf of CCC. Documents for the session will be placed on the Codex website as soon as they are prepared, and of course, staff will be following up with the Council and reporting on CCFA-related matters. Staff will also be attending the upcoming CCFA public meeting on February 13 at 9 AM ET at FDA. Call-in information is provided on USDA’s website, if you would like to participate remotely as well.
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.
