The FDA weighs in on GMO labeling
The Senate’s proposed GMO labeling bill gives food companies three options:
- An on-package code that consumers can scan with a smartphone
- A 1-800 number
- A symbol to be developed by USDA
None of these does what Mars is already doing on M&Ms, for example—a straightforward, easy-to-read, quickly understandable statement that the product is “partially produced with genetic engineering.”
Now, the FDA has just produced a technical assessment of the Senate bill.
This makes it clear that the Senate has no idea what labeling rules entail. Some examples:
- We note that provisions to allow information regarding the GE content of food to be presented only in an electronically accessible form and not on the package label would be in tension with FDA’s statute and regulations, which require disclosures on food labels.
- We are concerned that USDA’s regulations implementing the mandatory standard under this bill could conflict with FDA’s labeling requirements.
- We note several points in the drafting of the bill that raise confusion.
- It appears that the intent is to have the bill apply to all foods except those that are essentially meat, poultry, or eggs, and that the drafters may have assumed, incorrectly, that products covered by the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act are not covered by the FD&C Act.
- [One section requires] the USDA regulations to “prohibit a food derived from an animal to be considered a bioengineered food solely because [of a certain fact]”. This is unclear — the language of “prohibit[ion]” and of ‘be[ing] considered”, if taken literally, would mean that an advocacy group that thought of these foods as being bioengineered would thereby have violated the USDA regulation and could be subject to sanctions.
The Senate bill is decidedly corporate-friendly. It is decidedly not consumer-friendly.
Clearly, I’m not the only one who thinks so.
Americans these days don’t want artificial and unsustainably produced ingredients in the food they buy and eat. For the makers of highly processed foods – ultraprocessed in today’s terminology – there isn’t a lot that they can do to make the products appear fresh and natural.
But Campbell’s is certainly trying. A few months after announcing that it will phase out genetically modified organisms (GMOs), the iconic soup company said on Friday that it will remove Bisphenol-A (BPA) from its cans by next year.
BPA, you will recall, is a chemical typically used in polycarbonate plastic containers and in the epoxy linings of food cans. It’s also an endocrine disrupter, which means it can interfere with the work our hormones are doing. Some research finds BPA to have effects on childhood development and reproduction.
Although the FDA doesn’t believe evidence of potential harm is sufficient to ban BPA from the food supply, the agency discourages use of BPA-polycarbonate or epoxy resins in baby bottles, sippy cups or packaging for infant formulas. For the past year or so, other retailers have been working hard to phase out BPA and to reassure customers that their cans and packages are safe.
All of these companies sell highly processed foods in an era when the public is demanding – and voting with their dollars – for fresh, natural, organic, locally grown and sustainably produced ingredients.
They can’t provide those things, but they can tout the bad, or unpopular, things that aren’t part of their product, the “no’s”: no unnatural additives, no artificial colors or flavors, no high fructose corn syrup, no trans fat, no gluten and, yes, no GMOs or BPA.
Let me add something about companies labeling their products GMO-free. In my view, the food biotechnology industry created this market – and greatly promoted the market for organics, which do not allow GMOs – by refusing to label which of its products contain GMOs and getting the FDA to go along with that decision. Whether or not GMOs are harmful, transparency in food marketing is hugely important to increasing segments of the public. People don’t trust the food industry to act in the public interest; transparency increases trust.
Vermont voted last year to mandate GMO labeling in the state – the US Senate rejected a bill in mid-March attempting to undermine it – and food conglomerates such as Campbell’s, General Mills, ConAgra, Kellogg and Mars have committed to labeling their products as containing GMO.
In addition to removing BPA from packaging and GMO from products, at least 11 other companies have announced recently that say they are phasing out as many artificial additives as possible, as quickly as they can.
Taco Bell, for example, will get rid of Yellow Dye #6, high fructose corn syrup, palm oil and artificial preservatives, and replace them with “natural” ingredients. Huge food companies such as Kraft, Nestlé (no relation) and General Mills are heading in the same direction.
All this may well benefit consumers to an extent. It also makes perfect sense from a business perspective: the “no’s” sell. But what everyone needs to remember is that foods labeled “free from” still have calories and may well contain excessive salt and sugars. The healthiest diets contain vegetables and lots of other relatively unprocessed foods. No amount of subtraction from highly processed foods is going to change that.