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The FDA now says it has concerns about BPA and intends to join other federal agencies in a review of the chemical’s safety.   As readers of this blog may recall from previous posts, the FDA has a long-awaited report on BPA sitting in a drawer someplace.  The report was due at the end of November.  Now we can guess the reason for the delay.  The report must have given BPA a pass even though studies seem to be coming in daily suggesting harm.  BPA may not be immediately deadly, but it does not seem good for human health.

The most recent study, this one  from England, looked at dietary intake data in the U.S.   It concluded that BPA is a risk factor for heart disease.  The industry, of course, disagrees.  They think the British study isn’t scientific enough.

Faced with increasing evidence of harm, the FDA is doing the right thing to take this one on.  The problem will be getting rid of BPA.  We can all do our part by avoiding hard plastic bottles, but what about the linings of canned foods?  The canning industry says it doesn’t have a safe substitute.  Until they find one, you will have to add canned foods to the list of foods to avoid.

Cookie dough: Nestlé reports that it has again found E. coli O157:H7 in its cookie dough and will now be heating the flour before using (see, the New York Times account, and the report from FoodProductionDaily.com.

This is odd.  How do they know that the flour is the carrier?   As I discussed in previous posts, the source of the contaminating bacteria has either not been found or not announced.  This action implies that the company must think the flour is at fault.  Let’s hope so.  We certainly don’t want the chocolate bits to be the carrier.

FDA news: The FDA announced yesterday that it has appointed Michael Taylor as Deputy Commissioner for Foods.  This is a new office at FDA which, if Congress ever gets around to passing it, will be responsible for implementing the preventive control provisions of the food safety bill.  Peventive control, I’ve just learned, is the new euphemism for HACCP (Hazard Analysis and Critical Control Point).

As I describe in a previous post, Mr. Taylor’s appointment is not without controversy but his expertise in food safety runs deep.  I think this is a good move for FDA.

Update January 15: And here is what the Washington Post and the New York Times have to say about Taylor’s appointment.  I’m quoted in the Post story.

He is the quintessential revolving door,” said Marion Nestle, a professor of nutrition, food studies and public health at New York University. Taylor’s support for BGH and Monsanto’s other genetically modified products at the FDA was “questionable,” she said. “On the other hand, when he went to USDA, what he did there was absolutely heroic. He’s been very strong on food safety.

I’ve been fretting about the immunity and brain claims on Nestlé’s Juicy Juice for quite some time now, but completely missed the FDA’s December 4 warning letter about them.  Thanks to Hemi Weingarten at Fooducate for keeping track of such things.

If you give these products a moment’s thought, you can quickly figure out that feeding DHA- or antioxidant-fortified juice drinks to kids is unlikely to have much effect on how smart they are or whether they can resist colds or swine flu.  But never underestimate the power of food marketers.   Adding a little DHA or a few antioxidants to juices sells products.  Health claims, as I keep pointing out, are about marketing, not health.

In warning the company to cease and desist, however, The FDA did not take on the health issues.  Instead, it invoked labeling regulations:

The Food and Drug Administration (FDA) has reviewed the labeling for several Nestlé Juicy Juice products…Based on our review, we have concluded that these products are misbranded…. because [their] labeling includes unauthorized nutrient content claims. Except for statements that describe the percentage of a vitamin or mineral in relation to a Reference Daily Intake (RDI), a nutrient content claim cannot be made for a food intended for use by infants and children less than 2 years of age….On October 30, 2009. we also reviewed your website….The labeling found on your website makes an additional unauthorized nutrient content claim, which further misbrands the product. The website claims that Juicy Juice Brain Development Fruit Juice Beverage is “naturally lower in sugar”…[but] no nutrient content claims can be made for a food intended specifically for use by infants and children less than 2 years of age unless specifically permitted by FDA regulations.

Additionally, we have reviewed the labeling of your Nestle Juicy Juice All Natural 100% Juice Orange Tangerine and Nestle Juicy Juice All Natural 100% Juice Grape products. These products are misbranded…because their labels are misleading. The label of the Orange Tangerine product is designed to imply that the product is 100% orange/tangerine juice, and the label of the Grape product is designed to imply that product is 100% grape juice…neither orange/tangerine juice nor grape juice is the predominant juice in the products….

Nestlé (alas, no relation) is the largest food company in the world with $102 billion in sales last year.  It should know better.

Just for the record, the misbranded products are still displayed on the Juicy Juice website.

The FDA also warned Nestlé that its Boost Kids Essentials products are misbranded. Why?  Because their labeling does not follow the rules for medical foods, those aimed at alleviating specific conditions – in this case “failure to thrive.”   Oops.  The Boost Kids Essentials website is now under revision.

The FTC Forum last week got everyone going about food labels.  Here are the latest items to hit my inbox:

Traffic light front-of-package labels may do some good after all: As I explained in a previous post, British investigators did a study showing that the green-yellow-red traffic light dots on food packages do not necessarily help people make healthier choices.  Now, another British scientist argues that the study showed no such thing; at best, it showed that more research is needed to see how consumers interpret and act on those signals.

European Food Safety Authority (EFSA) approves some (weak) omega-3 claims: Under great pressure from food companies desperate to make claims for omega-3 fatty acids, EFSA is allowing three, if somewhat grudgingly:

• DHA intake can contribute to normal brain development of the foetus, infant and young children
• DHA intake can contribute to normal development of the eye of the foetus, infant and young children
• DHA intake can contribute to the visual development of the infant

“Can,” I suppose, is a bit less conditional than “may,” but these are not strong claims.  And they say nothing at all about making kids smarter.  Under these rules, that  “brain development” claim on Nestlé’s omega-3-fortified Juicy Juice drink (the one I find so absurd), would be OK.  But anything more specific, the EFSA committee said, would have to be backed by further science.

FDA food labeling rules: if after all the fuss about serving sizes at the FTC Forum, you want to know what FDA really says about them,  you can find the details on the FDA food labeling website.  On that site, click on Label Formats/Graphics to find the current rules on serving sizes.  Good luck making sense of them.

That’s more than enough about food labels for the moment.  It’s the holidays and time to talk about something cheerier.  Stay tuned.

I received a flurry of “you should have attended the meeting before you said anything” messages in response to my post yesterday about the FTC forum.  They said the table that I posted did not have footnotes attached and I also had missed a key point about RACC (reference amounts commonly consumed): they are likely to be larger than current FDA serving sizes, meaning that the amounts of sugars and salt will have to be reduced to qualify.

Guilty as charged.  RACC, as I mentioned yesterday, is a new term to me.  This is because – how could anyone have missed this – I was unaware of the FDA’s Federal Register notice of April 4, 2005: “Serving sizes of products that can reasonably be consumed at one eating occasion; Updating of reference amounts customarily consumed; Approaches for recommending smaller portion sizes.”

This notice was the result of concerns about the serving sizes that had been established when the FDA issued final food labeling regulations in 1993.  Then, the FDA established serving sizes for 129 product categories for adult foods and 11 categories for infant and toddler foods.  These were derived from information about amounts commonly consumed reported in food consumption surveys from the late 1970s and late 1980s.

Either people ate a lot less back then or they were lying, or both.  As my former doctoral student, now Dr. Lisa Young, discovered during her doctoral research, standard portion sizes – half a cup of ice cream or one 2 or 3-ounce slice of pizza, for example – are smaller (sometimes much smaller) than what people seem to be actually eating.

The FDA knew this.  In 2003, it appointed an Obesity Working Group to advise the agency about several issues, among them whether to update the RACCs.  The Group filed its report in 2004.  With respect to serving size, it recommended:

* In the short-term, that FDA encourage manufacturers immediately to take advantage of the flexibility in current regulations on serving sizes that allows food packages to be labeled as a single-serving if the entire content of the package can reasonably be consumed at a single-eating occasion.

* In the long-term, that FDA develop two separate ANPRMs [Advance Notice of Proposed Rulemaking].  The first would solicit comment on whether to require additional columns within the nutrition label to list the quantitative amounts and %DV of the entire package on those products and package sizes that can reasonably be consumed at one eating occasion or, alternatively, declare the whole package as a single serving. This ANPRM would also solicit information on products and package sizes that can reasonably be consumed at one eating occasion.  The second ANPRM would solicit comments on which, if any, RACCs of food categories appear to have changed the most over the past decade and therefore need to be updated.

On that basis, the FDA’s 2005 Federal Register notice asked for comments about whether:

• Consumers might “think that an increase in serving size on food labels means more of the food should be eaten.”
• Manufacturers might repackage products in larger sizes to avoid labeling a package as a single serving.
• Manufacturers might reduce the size of single-serving packages to reduce the apparent content of undesirable nutrients.

That was nearly five years ago.  If anything further happened, I cannot find it in the Federal Register. Getting to these questions at last was apparently the point of the FTC forum.

I am told that panelists suggested raising the RACC serving size of kids’ cereals to 50 grams rather than the current 30 grams.  If so, this would require cereal companies to reduce the amount of sugars in their products.   Aha!  That could explain why, as I discussed in a previous post, General Mills chose to put its full-page ads in newspapers promising to drop the sugars to single digits.  General Mills must think changes in the RACC for cereals will require it to lower the sugars in order to be able to advertise to kids under the voluntary guidelines. Given how long the FDA’s processes take, it is understandable why General Mills failed to say when it would implement its promist.  I am also told that the salt cut-point is open for comment.

For those of us who were not at the Forum and prefer to see such things in writing, how about releasing the footnotes to that chart and giving us some examples of the proposed changes to the RACC?  Also, how about setting up a mechanism so interested people can file official comments on the proposals?  Both would help people offer more informed comments on how the FDA should handle the serving size issues.

Update, December 20: Thanks to Ellen Fried for providing a link to some food industry opinion on what all this is about and another an in-the-know source that says the proposed standards are to be published in the Federal Register and opened for further public comment in January.  The project is to be finished by July.  Ellen points out that this procedure seems administratively complicated for standards that are not regulations; they are voluntary. Do the FTC and FDA really have to go through all this to issue what is simply guidance?  Or is something else going on here that I’m not getting?

After years of complaints about how hard it is to get information about pet food recalls, the FDA’s Center for Veterinary Medicine has  taken a big step to solve the problem.  It just posted a new widget for pet health and safety.  Technophobic dinosaur that I am, I can’t figure out how to load it.  I went to the link above, copied the code, and pasted it, but I can’t get the cute web gadget to display.  All that shows on my screen is a link to the site.

The FDA hosted a webinar on Tuesday about how to use it.  Alas, I was off giving lectures and couldn’t tune in on it, but the FDA posted the conversation on the website.

Gina Spadafori at Pet Connection was on the call, has much better technical skills than I do, and managed the upload.  She talks about how the FDA has “gone all widgety” and has some cautiously optimistic things to say about it.

This web gadget ought to make it easy for FDA to give the pet community straight information about foods recalled and not.  And anyone who wants to track this sort of thing can look it up on the site or, maybe, download it.  Good idea!  Cheers to the FDA!  And let’s hope the FDA uses is early and often.

Front-of-Package Labels: The FDA is hard at work trying to do something about public understanding of food labels.  What with the fuss about the Smart Choices program (now withdrawn), FDA wants to get the front-of-package labeling under control.  It is considering various formats for giving a quick overview of the nutritional quality of food products.  FDA is asking for public comment on the various formats (see Federal Register notice).

The FDA chose five versions (plus variations) for comment:

1. A mini Nutrition Facts version called Nutrition Tips
2. A UK traffic lights version
3. A version like Hannaford’s Guiding Stars
4. A version like the discontinued Smart Choices
5. One that just highlights calories/servings

I rather like this one, a variation of #1 (colorful, easy to understand, not too cluttered, and makes calories clear).

The Nutrition Facts Panel: The FDA also is taking another look at the Nutrition Facts panel on the back of food packages.  It is seeking public comment on  a plan for consumer research to test understanding of elements on the Nutrition Facts panel.  Here’s the Federal Register notice with all the information about what’s going on and where to file comments.

What’s interesting about this is that the FDA has great social science researchers on staff.  They’ve been kept under wraps the last eight years and apparently are being let loose again.  Even so, they don’t get to just go out and do studies like we academics do (with human subjects approval, of course).  Oh no.  First, they have to announce that they plan to do the studies (which they did some time ago) and get comments on the idea.  Then they do the research plan and have to ask for further comments on the research design.  That’s what this notice is about.  Once they deal with these comments, they can finally get to work.    It’s a miracle if they do anything at all.  Keep them busy: send comments!

Agency Transparency: The Association of Health Care Journalists (ACHJ) and ten other journalism organizations have filed a complaint.  The FDA, they say, is still requiring journalists to obtain permission from an agency official in order to conduct interviews with staff members.  This is a leftover from the Bush administration.  Time to get rid of it.

Blogging: It is especially time to open up to reporters because Michael Taylor, who is now senior advisor to the FDA commissioner, is now blogging on the Atlantic Food Channel (which also reprints my posts).  If he can blog, FDA staff can talk to reporters.

Addendum: Beverages pretending to be dietary supplements: The FDA has just issued guidance to the beverage industry to stop putting herbal supplements into beverages and calling them dietary supplements so they can get around food rules on health claims.  If a beverage is consumed as a food, it should be labeled as a food.  Guidance, of course, is non-binding but I see this as a warning that the FDA is going to be enforcing its own rules.  Good show!

European food manufacturers continue to file thousands of petitions for approval of health claims for their products.  The European Food Safety Authority (EFSA) takes a dim view of most of them, arguing that the claims are poorly substantiated by scientific evidence, if at all.

Now EFSA is attempting to clarify what manufacturers have to do to gain approval for their claims.  I say “attempting” because EFSA’s statements often are models of bureaucrat-speak.

EFSA, for example, says it is willing to consider evidence for claims based on studies performed in people with a particular disease:

For studies in groups (e.g. subjects with a disease) other than the target group (e.g. general population) for a claim EFSA considers whether scientific conclusions can be drawn for the substantiation of the claim on a case by case basis…For example, for claims on reducing gastro-intestinal discomfort (in the general population) evidence in patients with irritable bowel syndrome may be accepted.

OK.  I get that.  Then it offers further clarification:

For claims on maintenance of normal joints (in the general population, evidence in osteoarthritis patients is not accepted as osteoarthritis patients are not considered to be representative of the general population with regard to the status of the joint tissues.  In its evaluation, EFSA considers that where a health claim relates to a function that may be associated with a disease, subjects with the disease are not the target for the claim.

EFSA explains its overall philosophy for deciding which claims to approve.  It does not use a pre-established formula for the type or number of studies.  Instead, it weighs:

All the evidence from the pertinent studies (i.e, studies from which scientific conclusions can be drawn for substantiation of the claim)…with respect to its overall strength, consistency and biological plausibility, taking into account the quality of individual studies and with particular regard to the population group for which the claim is intended and the conditions of use proposed for the claimed effect.

As with all scientific evaluations, EFSA’s judgments are subjective.  It considers animal studies, but grants more weight to studies in humans.  These, it says, are “central for the substantiation of the claim.”

Food manufacturers also view the evidence subjectively, but tend to be less scientifically rigorous in their interpretation of benefit, especially when their own products are involved.   Hence: conflict.

At the moment, EFSA is holding a hard line on health claims.  FDA: take notice!