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 May 2018.
Commissioner Gottlieb Confirms Nutrition is a Top Priority
In a March 1 U.S. Food and Drug Administration (FDA) statement, Commissioner Gottlieb stated, “I’ve made nutrition on of my top priorities” and endorsed the changes made to the Nutrition Facts label (NFL) to help consumers make more informed dietary choices. Gottlieb announced the Agency’s intent to fulfill two key components of successful implementation of the NFL: public education of the new label format and clear, detailed guidance for food manufacturers.
Further, Gottlieb specifically called out added sugars, noting, “We’ve made it our goal to increase consumer awareness of the quantity of added sugars in food products consistent with recent dietary guideline recommendations. The new label also contains the new daily value for added sugars, so consumers can better understand how foods with added sugars can fit into a healthy dietary pattern.”
The statement includes links to several recently-released guidance documents and notes that the Agency’s nutrition strategy will contain “helpful tools to make healthy food choices, including clarity on food label claims, and will create incentives for food producers to manufacture products that are healthier.” In addition, it is noted that the Agency plans to issue a final rule on their proposed NFL compliance date extension to January 2020, later this spring.
Gottlieb Announces Kickoff of FDA Nutrition Innovation Strategy
On March 29, FDA published a constituent update sharing Commissioner Gottlieb’s speech entitled “Reducing the Burden of Chronic Disease” and corresponding anticipated Nutrition Innovation Strategy. This strategy includes implementing Obama era updates to nutrition labels and potential development of a new definition for “healthy.” The Agency will also investigate food health claims and review ingredient listing rules, indicating some definitions may become more flexible and conducive to consumer demand for “clean labels” with fewer, more understandable ingredients. To read more, a Covington alert on the announcement is available here.
Trump Orders Tariffs on Steel, Aluminum Imports
On March 8, the Trump Administration announced a 25 percent tariff on imported steel and a 10 percent levy on imported aluminum to take effect on March 23. Although President Trump initially wanted the tariffs applied worldwide, exceptions were made for U.S. allies including Canada and Mexico.
Days prior to the president’s order, an article on Fortune.com noted that while the policy would hit the auto and aerospace industries hardest, it would also greatly impact businesses that sell products such as soft drinks and candy that rely on aluminum for packaging. However, industry opposition did not prevent the administration from moving forward with the tariffs, after which food and beverage manufacturers still expressed their concerns. As indicated by Politico, the American Beverage Association wrote to Commerce Secretary Wilbur Ross asking for an exclusion on the 10 percent duty.
More recently, the US and China have exchanged threats of tariffs on thousands of products representing billions of dollars in international trade. While the back and forth proposals are just that, some of the products would have tremendous impact on the food industry, including China’s suggested taxes on agricultural commodities such as soybeans and corn.
U.S. Tries to Limit Junk Food Warning Labels in NAFTA Talks
According to a March 20 New York Times article, the Trump administration is using trade talks with Mexico and Canada to try to limit all three countries’ ability to use explicit warning labels on products through warning symbols, shapes, or colors that “inappropriately denotes that a hazard exists from consumption of the food or nonalcoholic beverages.” However, health officials worry that doing so would also impede international efforts to address the growing health crisis of obesity, which has at least doubled in 73 counties since 1980. Many public health officials believe using vivid warnings on foods with high levels of sugar, salt, and fat will help curb the rapid spread of highly processed foods.
A spokeswoman for the United States Trade Representative could not comment on what she called “alleged negotiating documents,” but she said, “The United States supports science-based labeling that is truthful and not misleading.” The article notes that in most cases, trade law allows governments to retain the right to make rules in the interest of public health, but experts say the proposal by the United States appears to be aimed at preventing that. The food and beverage industry is especially keen on Trump’s efforts to head off pressure for more explicit warnings because it could help limit domestic regulation in the U.S. as well as avert a global move to develop mandatory health-labeling standards.
The U.S. proposal conflicts with guidance from Mexico’s National Institute of Public Health (INSP) and the World Health Organization (WHO), which have recommended that Mexico pass regulations to help combat diabetes. Mexico’s Ministry of Health, which is directly involved in the trade negotiations, said it was reviewing the American proposal with the nation’s health authorities. Meanwhile, the article notes, proponents of warning labels including those in Mexico see Chile’s rules as a new standard. Chile’s rules include restrictions on characters used to advertise to children and the most aggressive front-of-packaging warnings. These rules came after a fight led by the U.S. and backed by eleven countries who raised issues with the proposal before the Word Trade Organization (WTO).
Beverage Industry Wants to Block Seattle Soda Tax Statewide
On March 15, a local Seattle news source reported that a group sponsored by the American Beverage Association called “Yes! To Affordable Groceries” submitted language for a statewide initiative on the November ballot that would block local taxes on beverages and other “everyday grocery products.” However, this proposal would not repeal the city’s 1.75 cent-per-ounce tax on sugary drinks. It would only cap existing taxes and block local jurisdictions from following Seattle’s example. The Secretary of State’s Office will review the proposed language and provide input as the initiative is finalized for collection of signatures, 295,622 of which are required for the initiative to get on the ballot.
Yes! To Affordable Groceries is comprised of the Washington Farm Bureau and the Washington Food Industry Association as well as the Korean American Grocers Association and the Joint Council of Teamsters. The group commented, “The Seattle beverage tax and similar measures in Cook County (Illinois) and Philadelphia have hurt the local economy and have directly impacted small businesses.”
FDA Continues to Solicit Comments on Collection of Information on Calorie Labeling in Vending Machines and Nutrition Labeling of Menu Items
In a Federal Register notice published March 28, the U.S. Food and Drug Administration (FDA) announced a proposed collection of information regarding the administrative and public comment processes involved in finalizing the two rules requiring that calorie information be listed on menus and menu boards in chain restaurants and similar retail food establishments and vending machines. Comments are due April 27; the Council does not plan to comment unless otherwise advised by Friday, April 13.
Thailand Revises Maximum Use Levels Permitted for Food Additives
On March 20, staff received the attached Notification of the Ministry of Public Health (MOPH) of Thailand (B.E. 2561) which serves to update details of maximum use levels permitted for food additives to align with current available information and increase consumer protection. The document lists maximum use levels for additives in categories which were adopted in 2016 (B.E. 2559). Food categories containing changes to additives (indicated by blue text) must comply with this Notification within two years from the date it comes into force (e.g. 2020).
As the notification is a comprehensive document which includes all approved additives in their subsequent food categories and appears to be aligned with the Codex General Standard for Food Additives, staff is requesting members review the attachment and advise of any specific changes to additives of concern. Comments are being accepted until May 19. If you would like to submit comments, please contact staff by Friday, April 20.
Japan Decides on GE Labeling Requirements
According to a March 20 USDA Constituent Update, Japan will maintain its current identity preservation (IP) system, but will recommend new language be used to identify IP products instead of the previously acceptable “Non-GE” label. Japan’s Consumer Affairs Agency’s Expert Committee also suggested the term “Non-GE” now only be used when GE is non-detectable. Currently, Japan requires the labeling of eight crops and 33 processed food items when a genetically engineered (GE) ingredient is among the top three ingredients in a product and accounts for more than 5 percent of the total product. Proponents of stricter requirements believed the consumers’ right to know supported expansion of labeling requirements to include highly processed products (HPP) and that the current 5 percent threshold should be lowered to European Union (EU) levels, or as low as possible.
Opponents of a stricter standard noted that testing for lower levels of GE ingredients would be costly, if even possible. As there is currently no validated method to verify if the source of HPP is GE or non-GE, regulators would be required to rely on the “social verification” method – the documentation of IP handling. Industry has expressed concern that any change to the non-GE labeling rule would pose a risk to trade, and note that consumer misunderstanding may be due to the lack of public education by government. Therefore, a proposal for new language for IP products and a zero percent threshold for voluntary non-GE labeling was made. Under the new proposed rules, the voluntary use of “non-GE labeling” would still be permissible but only when commingled GE is not detected.
New Zealand Calls Evidence that Sugar Taxes Improve Health “Weak”
A March 1 opinion piece published by a Canadian news source calls into question the strength and credibility of data used to support taxes on sweetened beverages. The article notes that, while in recent years, taxes on sugary drinks meant to fight obesity have been supported by groups in France, Chile, Mexico, the U.S., and Canada, much of the support stems from research conducted by a group of authors from the University of Waterloo who reported in 2017 that a 20 percent tax on sugary drinks would save 13,000 lives, prevent 200,000 cases of diabetes and earn $1.7 billion in annual tax revenue across Canada. However, it is noted that soda consumption fell by approximately 28 calories per day in Canada between 2004 and 2014 before taxes were implemented. Not only that, obesity went up during this time.
The writer notes that last year, the New Zealand Ministry of Health commissioned the New Zealand Institute of Economic Research (NZIER) to study the global body of evidence on sugar and soda taxes. After evaluating almost 50 academic studies published over the past five years, NZIER concluded “evidence that sugar taxes improve health is weak.” According to NZIER, reports like the one from University of Waterloo are relying on “flawed” or exaggerated estimates of price elasticity, and there isn’t enough evidence to even support a “slight causal link” between food and drink taxes and improvements to population health.
Canada Seeks to Restrict Sale of Sweetened Alcoholic Beverages
On March 21, ShaghaiDaily.com reported that following the death of a Quebec teen that was reported to be caused by over consumption of highly sweetened alcoholic beverages, Canada’s food and drug officials have been asked by the country’s Minister of Health to look for ways to restrict the sale of these beverages.
According to news provided by Health Canada, a proposal will be introduced for consultation to amend the Food and Drug Regulations to restrict the alcohol content of single-serve highly sweetened alcoholic beverages. This proposal would apply to all alcoholic beverages that “exceed a certain sweetness threshold, including those that contain artificial sweeteners.”Health Canada encourages industry and all interested parties to provide feedback on the notice of intent by May 8 and is seeking comments regarding:
If you would like to submit comments please contact staff by Friday, April 20.
Experts Say British Soda Tax May Work Better Than Others
As reported by the Washington Post on March 21, Britain’s soda tax, which was set to go into effect April 6, has already yielded positive results by inducing industry reformulations. The article notes that the design of the British tax is different from those in Mexico, South Africa, and U.S. cities such as Philadelphia, PA and Berkeley, CA, which were created with the goal of decreasing consumers’ consumption of sugary drinks. The British tax was instead designed to encourage soda-makers to cut the sugar in their products by charging two separate rates based on total sugar content. The lower rate applies to drinks with roughly 12 to 19 grams of sugar per eight-ounce can and is approximately 6 cents per serving. The higher rate is about 8 cents per serving and applies to drinks with more than 19 grams of sugar per can. As a result of this tiered approach, major companies as well as regional soda brands have slashed their total sugars to amounts that fall right beneath the level of the lowest tax. Several companies have also started to refocus their product development efforts on low- and no-sugar beverages. Furthermore, restaurant chains have limited the availability of some drinks and removed full-sugar sodas from self-serve fountains to avoid the tax.
However, industry has argued that the government did not need to implement sugar reduction policies. As cited by the Union of European Soft Drink Associations, the calorie count of the average soda fell 12 percent between 2000-2015 prior to the tax. The article includes a statement from the American Beverage Association which reads “We believe consumers are best served when beverage companies and public health groups work together to help people reduce their sugar consumption and not with taxes that raise prices and hurt working families and small businesses the most.”
While reductions of sugar content in beverages may influence the sugar intake of consumers, it is too soon to say whether these reductions will actually improve public health.
Study Finds Chicory Root Dietary Fiber Improves Bowel Regularity
On March 7, NutraIngredients-USA published an article highlighting a study backed by a CCC member which found that daily supplementation of 15 g of oligofructose significantly increased stool frequency per week. The study, which was published last December in Nutrients, looked at adults aged 18 to 65 years who consumed a routine diet containing 50 percent or less of the recommended dietary fiber intake. By the end of the study, there were no changes in bowl movements per week in the placebo group, but increased in the experimental group, with the most significant difference noted when consuming 15 g per day. The study’s lead researcher reports, “A daily supplementation with oligofructose not only increased dietary fiber and significantly improved bowel regularity but also did so without causing gastrointestinal distress.”Though the article does not note this, the above finding is an argument against proponents of the low FODMAP diet, which advertises that fermentable oligosaccharides, disaccharides, monosaccharides and polyols cause digestive discomfort.
Bipartisan Policy Center Recommends Cutting Sugary Drinks from SNAP
Last month the Bipartisan Policy Center (BPC) released a report entitled “Leading with Nutrition: Leveraging Federal Programs for Better Health” which provides recommendations from the BPC Supplemental Nutrition Assistance Program (SNAP) Task Force. Of the seven recommendations to prioritize nutrition, number two is to eliminate sugar-sweetened beverages from the list of items that can be purchased with SNAP benefits. Under this recommendation, it is advised that the agriculture secretary, in consultation with the health and human services secretary, produce a careful and precise definition of sugar-sweetened beverages to remove from the list of items that can be purchased with SNAP benefits. However, the report does not include specific recommendations on whether or how to address beverages containing alternative sweeteners.
Study Published on Industry Tactics to Shift Conversation on Obesity Reduction
As reported by Food Chemical News (subscription required), the Journal of Epidemiology and Community Health (JECH) published a paper on March 15 which takes aim at science organizations and the tactics a member company employed in 2014 in response to growing concerns over obesity. The paper is based on information uncovered by the watchdog group U.S. Right to Know (USRTK) and highlights the company’s actions to fund the Global Energy Balance Network (GEBN), a non-profit organization set up by the company themselves to help broaden the conversation to include alternative causes of obesity other than caloric intake. The paper seeks to provide an inside view on the way the company laid out plans for GEBN before the group was formed and was co-authored by academics from University of Oxford, the London School of Hygiene and Tropical Medicine, Bocconi University in Milan, Italy and the California-based U.S. Right to Know. It analyzes the company’s 2014 plans to use the group to 1) re-frame the debate on obesity “as a matter of addressing ‘energy balance,'” 2) portray the organization as “honest broker,” and 3) promote one-sided obesity reduction strategies, and argues that the tactics were part of an overall strategy aimed to advance corporate interests and not public health goals.
The article notes that the company later recognized the issues surrounding the creation of GEBN. In 2015, the company’s CEO stated, “it has become clear to us that there was not a sufficient level of transparency with regard to the company’s involvement with the Global Energy Balance Network.” Later, in 2016, the company adopted new guiding principles for providing financial support to scientific research.
Analysis Highlights Stigma Caused by Taxing Sugar Sweetened Beverages
As reported by EurekaAlert!, the Canadian Medical Association Journal (CMAJ) published an analysis on March 19 entitled “Sugar-sweetened beverages as the new tobacco: examining a proposed tax policy through a Canadian social justice lens.” The analysis highlights other lessons learned from the outcome of the tobacco tax, which included the promotion of inequity and stigma, including racial stigma, among already-marginalized populations. It is noted that people of low socioeconomic status and Aboriginal populations in Canada consume more sugar sweetened beverages (SSB) than the general population and have higher rates of obesity and diabetes. However, sweetened coffee drinks, which are mainly consumed in areas where people of higher socioeconomic status live or work, are not being targeted for taxation, despite their increasing consumption and comparable sugar and calories. For these reasons, the authors suggest policymakers involve Aboriginal people in developing taxation policies around sugar-sweetened beverages.
Study Finds Traffic Light Labels to Improve Children’s Health in Australia
As reported on March 19 by Food Navigator, new research shows the positive outcome of labeling measures introduced in Western Australia ten years ago. The measures require school menus to be comprised of a minimum of 60 percent ‘green’ healthy choices, a maximum of 40 percent ‘amber’ choices, and no ‘red’ unhealthy foods. This traffic light system applies to foods permitted to be sold, used for classroom rewards or supplied at school-run events. A follow-up study found that 85 percent of respondents believed that the foods offered to school children were healthier after the introduction of the traffic light system, and 90 percent felt it provided a valuable opportunity to teach children about healthy eating. The research, which was published in Public Health Nutrition, can be viewed here.
This research may also provide support for proponents of India’s draft regulations entitled “Food Safety and Standards (Safe and Wholesome Food for School Children) Regulations, 2018” which would make color-coded traffic light labeling similar to Western Australia’s requirements mandatory for all food products sold in school vending machines and cafeterias.
Food Navigator Publishes Special Edition Content on Sugar Reduction and Sweeteners
On March 31, Food Navigator launched its page entitled “Special Edition: Sugar reduction and sweeteners.” The articles featured touch on the latest market developments, evolving political and regulatory landscape, technical challenges in reformulation, and consumer research.
Food Navigator to Host Free Webinar on Sweeteners and Sugar Reduction
Food Navigator will be hosting a “Sweeteners and Sugar Reduction Live Forum” on Wednesday, April 18 at 11:30 am US ET. Manufacturers, formulation experts, nutritionists and market researchers will discuss ideas and options for reducing the sugar content of foods and beverages. The webinar is free to attend and is sponsored by several CCC member companies. To register, click here.
Food & Drink Federation Responds to Junk Food Ad Complaints
As reported by Food Manufacture on March 19, the Food & Drink Federation (FDF) responded to current pressure over unhealthy advertisements stemming from a January 2018 report published by Cancer Research UK entitled “New Evidence on TV Marketing and Junk Food Consumption Amongst 11-19 Year Olds 10 Years After Broadcast Regulations” which found that teenagers were twice as likely to be obese if they could remember seeing a junk food advertisements every day. Since the report, more restrictions have been placed on advertising but some say these restrictions are not enough, and are pushing for a ban on junk food ads after 9pm to be included in the UK Government’s Obesity Strategy. FDF commented that the UK already has some of the tightest restrictions supported by industry on advertising to children in the world. For example, in July of 2017, industry voluntarily extended advertising restrictions for television to all non-broadcast channels as well. An FDF spokesperson defended industry noting “Many companies go even further than this, developing their own responsible marketing guidelines and making voluntary commitments.”
CCC Attends CCFA50
CCC staff and members attended the 50th session of the Codex Committee on Food Additives in Xiamen, China, March 26-30. While the majority of sweetener-related items centered on steviol glycosides, the meeting ended on a very positive note, with the US and EU delegations agreeing to form an electronic Working Group to consider solutions to addressing barriers caused by Note 161 on sweeteners.
Thank you to all who provided feedback on and support for CCC positions. Staff will circulate a summary report of the meeting later this month.
CCC Submits Comments re: Dietary Guidelines for Americans
On March 30, CCC submitted comments in response to the US Department of Agriculture and Health and Human Services (USDA/HHS)’s call for comments on topics and supporting scientific questions to inform their development of the 2020-2025 Dietary Guidelines for Americans (DGAs).
General Program
Working Groups
Do you have questions about low-calorie sweeteners? Want to learn more about maintaining a healthy lifestyle? You asked and we listened. Our resident Registered Dietitians answered the most popular questions about low-calorie sweeteners.
