by Marion Nestle

Currently browsing posts about: Additives

Oct 18 2023

California’s new food additive law: groundbreaking!

California’s AB 418, the California Food Safety Act,  is now law.

Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale, in commerce a food product for human consumption that contains any of the following substances:

  • Brominated vegetable oil [Emulsifies citrus-flavored drinks, but can cause heart lesions and fatty liver in children and headaches, dizziness, and memory loss among other problems in adults]
  • Potassium bromate [Used as a dough conditioner, but is a possible human carcinogen]
  • Propylparaben [A preservative but disrupts endocrine function]
  • Red dye 3 [Banned in cosmetics because of its carcinogenic potential]

The bill addresses additives banned in Europe on the basis of various health concerns.  Originally it also included titanium dioxide, but that got dropped when candy makers protested and framed the bill as a “Skittles ban.”   Fighting words, apparently.

In his statement on signing the bill, Governor Newsom implied that the ban is temporary, pending the FDA’s setting safe levels for these additives.  He also said the ban would not need to be implemented until 2027.https://candyusa.com/news/nca-statement-on-california-governor-newsom-signing-bill-ab-418-to-ban-certain-food-ingredients/

These additives—and titanium dioxide—have been the subject of heath concerns for years.  The Center for Science in the Public Interest has been pushing for bans for decades.  It reviewed some of this history in a statment:

The FDA learned Red 3 was a carcinogen in the 1980s and declared it as such in 1990. For that reason, the agency eliminated Red 3 from cosmetics and drugs applied to the skin. That same year, the FDA said it would “take steps” to ban the use of Red 3 in foods, ingested drugs, and dietary supplements. With inaction in the intervening decades, the Center for Science in the Public Interest last year petitioned the FDA to finally eliminate the carcinogenic dye from the food supply.  CSPI says it hopes the California legislation will inspire similar efforts around the country and prompt the FDA to eliminate the four additives.

According to Bakery & Snacks, the ban could affect 12,000 products.  A ban in California is a call for reformulation with with safer substances.

It’s now time for the FDA to act, and the sooner the better.

Of course, not everyone agrees.  Take the National Confectioners Association, the trade association for candy makers, for example.  It issued a statement, “California is once again making decisions based on soundbite rather than science,” and also wrote the FDA to protest.

The gist of the letter is that candy makers have limited alternatives to the banned additives and “the cost of reformulation will be substantial and ultimately passed on to consumers in the form of higher prices.”

Really?  These additives are banned in Europe yet the last time I looked there was still plenty of candy on sale.

You might think candy makers would be proud to replace potentially harmful additives with healthier alternatives and advertise accordingly, but that’s not how the system works, alas.

As I keep saying, food companies are not public health or social service agencies.  They are businesses prioritizing profits to stockholders and compensation to executives.  Ther job is to sell you candy, lots of it, and at the lowest possible cost.  [Oops.  A reader points out I should have said at the highest possible cost.  Of course.  I stand corrected].

Note: we are talking candy here, not health foods.

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Jul 26 2022

Tara flour: a quick review of the research

A review article finds it nontoxic.You may recall that on June 17,  Daily Harvest issued a recall of its frozen vegan Crumbles product  after 500 or so adverse event reports, many of  severe liver damage among the 28,000 customers who ordered it.

Here’s what the front of the package looked like.

This product has lots of ingredients:

organic butternut squash, organic hemp seeds, organic cauliflower rice, organic extra virgin olive oil, organic french lentils, organic red lentils, organic tri-colored quinoa, organic cremini mushrooms, organic tara flour, organic leeks, organic parsley, water, organic cassava root flour, organic flax seeds, organic sacha inchi powder, chia seeds, organic porcini powder, himalayan sea salt, organic apple cider vinegar, organic onion powder, nutritional yeast, organic garlic powder, organic tomato powder, organic white pepper, organic coriander seeds, organic mustard powder, organic thyme.

As food safety lawyer Bill Marler predicted, tara flour has been identified as the ingredient at fault.

I had never heard of tara and had to look it up.  Since then, I’ve gotten curious and did some quick research.

Tara is a legume—a bean plant—grown in Peru and other Latin American countries.

Tara is grown for several purposes:

  • Pod tannins for industrial leather, keeping ships free of marine animals, and preparing textiles to accept dyes
  • Cosmetics (polysaccharides isolated from the seeds)
  • Food additives—protein flours and gums (from the endosperm)

The research literature on tara is remarkably extensive (Who knew?).

On the tannins:

On cosmetics:

On tara as a food ingredient:

From everything previously reported about tara over the past 20 years, there is no reason to think it might be unsafe.

So what’s going on?  How to explain “only” hundreds of cases of severe liver injury when 28,000 Crumbles meals were shipped during the time when cases were reported.

Possibilities:

To prevent this from happening again, it’s necessary to identify the toxin.  I hope that happens soon.

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Jun 8 2022

The FDA is not involved in approving most food chemicals, says Environmental Working Group

The watchdog Environmental Working Group has analyzed the approval process for new food chemicals.  Its disturbing conclusions:

Nearly 99 percent of all food chemicals introduced since 2000 were greenlighted for use by the food and chemical industry,…not by the Food and Drug Administration, the agency responsible for ensuring food is safe.

That’s because food and chemical companies exploited a loophole in the law allowing them to decide which chemicals are safe to consume, contrary to what Congress intended when it enacted food chemical laws in 1958….for 756 of 766 new food chemicals added to the food supply since [2000], or 98.7 percent, these companies have exploited a loophole for substances that are “generally recognized as safe,” or GRAS. The loophole lets them – not the FDA – decide a substance is safe.

The data:

Do we care?  I think we should.

EWG deserves thanks for keeping an eye on this issue.

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May 18 2021

The FDA needs to take action on food dyes

Bettina Siegel’s Lunch Tray blog had an item recently about a new report on the effects of food dyes on children’s behavior (her blog is behind a Substack paywall, but well worth the subscription).

This report makes it time to talk about food dyes again.  For starters, they have only one purpose: to sell ultra-processed (junk) foods.  Research shows that brightly colored candy, snacks, and sodas are perceived as tasting better than the grey alternatives.  The food industry needs cosmetic food dyes.  We don’t, especially if they are harmful.

The 311-page peer-reviewed report, from the California Environmental Protection Agency’s Office of Environmental Health Hazards Assessment (OEHHA), is a meta-analysis of animal studies and 27 human clinical trials dealing with the neurobehavioral effects of seven synthetic food dyes on children.

Its conclusion:

The scientific literature indicates that synthetic food dyes can impact neurobehavior in some children… current ADIs [FDA’s Acceptable Daily Intakes] may not provide adequate protection from neurobehavioral impacts in children. For some of the dyes… updated safe levels of exposure would be much lower.

The idea that synthetic food dyes are associated with adverse neurobehavioral outcomes in children, but that children vary in their sensitivity to these dyes, is hardly new information.

In the mid-1970s, the physician Ben Feingold associated food dyes with hyperactivity in children and developed the Feingold Diet to improve kids’ behavior.

Much of the evidence for the “Feingold hypothesis” rested on anecdotal reports by parents,

Scientists’ attempts to study the effects of food dyes gave mixed results.  For example, as I wrote in a blog post on March 31, 2011, consider two studies published by Science magazine in 1980:

  • Researchers gave pills containing a mix of food additives to 40 children, 20 diagnosed as hyperactive and 20 not.  The children diagnosed with hyperactivity reacted to the food additive challenge but the other children did not (Science 1980;207:1485-87).  But this study used pills rather than foods, mixed additives, and used questionable methods for evaluating hyperactive behavior.
  • Researchers attempted to correct for such problems by using two drinks that looked and tasted the same—one contained seven food colors while the other did not.   The study was designed carefully such that neither the kids, parents, or observers knew what the kids were drinking.  The result:  Twenty of the 22 kids showed no reaction to the dyes.  One child reacted to the dyes every time (Science 1980;207:1487-89).

The interpretation?  Some kids may react to food dyes.

This gave the FDA an excuse to do nothing.  But then,

Today, the FDA says this about color additives in food:

FDA on color additives in food (2007):

So how safe are they? “Color additives are very safe when used properly…There is no such thing as absolute safety of any substance. In the case of a new color additive, FDA determines if there is ‘a reasonable certainty of no harm’ under the color additive’s proposed conditions of use.”

FDA on whether color additives are safe to eat (2018):

Yes, color additives are safe when they are used in accordance with with FDA regulations…our regulations specify:

  • the types of foods in which it can be used,
  • any maximum amounts allowed to be used, and
  • how the color additive should be identified on the food label.

FDA on whether color additives affect the behavior of children (2018)

The FDA has reviewed and will continue to examine the effects of color additives on children’s behavior. The totality of scientific evidence indicates that most children have no adverse effects when consuming foods containing color additives, but some evidence suggests that certain children may be sensitive to them…Parents who wish to limit the amount of color additives in their children’s diet may check the food ingredient list on labels. Parents should also discuss any concerns with their family physician.

Well good luck with that.  The FDA can and should do better.

The bottom line: Food dyes have no health benefits.  Kids don’t need to be eating ultra-processed foods anyway.  They will not be harmed by avoiding food dyes.

CSPI has produced a lengthy and comprehensive comment on the new report. 

Given all of this, it’s surely time for the FDA to take some action.

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Jun 6 2017

New attempt to get the FDA to fix its industry-friendly GRAS rules

Several food safety advocacy groups are suing the FDA to take responsibility for ensuring the safety of food additives.

Doesn’t the FDA already do this?  No, it does not.

As the press release puts it [with my emphasis in bold],

Federal law requires FDA to ensure that substances used in food are safe, taking into account consumers’ entire diet and all exposure to the chemical and similar chemicals. But any substance designated as “generally recognized as safe” (GRAS) by FDA or by a food or chemical company can bypass the rigorous pre-market review and approval process applied to food additives. The GRAS exemption was initially created to cover ingredients that are widely known to be safe, such as vegetable oil, but has been applied in recent practice to novel chemicals and is now a loophole that has swallowed the law.

Under pressure from industry, in 1997 and again in 2016, FDA adopted a practice that allows food and chemical manufacturers to decide for themselves, without notice to FDA or the public, that food chemicals are safe—even if the chemicals are new, not widely studied, and not widely accepted as safe .

I commented on the FDA’s 2016 ruling at the time.  Former FDA Commissioner David Kessler referred to this GRAS policy as a “joke,” noting that it allows the industry to decide whether its own products are safe.

I am particularly interested in this suit because I wrote a commentary on an article about conflicts of interest in GRAS determinations in 2013.   As I said about the article’s findings,

At present, manufacturers of all food additives are permitted to decide on their own whether a substance is GRAS for human consumption, unless the additive affects food color. Companies also can choose whether to even notify the agency about a new additive. In practice, many manufacturers do inform the FDA. But…about a thousand additives are believed to be in the food supply without the FDA’s knowledge…the lack of independent review in GRAS determinations raises serious questions about the public health implications of unregulated additives in the food supply, particularly the additives that the FDA does not even know about.

Let’s hope the lawsuit gets this situation fixed.

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Aug 15 2016

The FDA’s unfortunate ruling on GRAS regulations

The FDA has announced its Final Rule on Substances Generally Recognized as Safe (GRAS).

The FDA explains:

Unlike food additives, GRAS substances are not subject to FDA pre-market approval; however, they must meet the same safety standards as approved food additives…The GRAS criteria require that the safe use of ingredients in human and animal food be widely recognized by the appropriate qualified experts.

Uh oh.  “Appropriate qualified experts?”  Like those selected by the companies themselves?  The FDA has failed the public on this one.

Consumers Union (CU) says

FDA missed a major opportunity to clean up the food system… Companies will still be able to introduce novel substances into food in secret, without having to show they are safe.  The agency also failed to fix the rampant conflicts of interest that affect the review process for ingredients. That is unacceptable and deeply disappointing [CU should know.  It filed comments on the FDA’s proposed GRAS rules in 2011].

Senator Ed Markey (Dem-MA) says

FDA’s Final Rule On Food Safety Process Is A Missed Opportunity…The health and well-being of the American people depend on a meaningful food safety regulatory policy, not a self-graded take home exam that industry doesn’t even have to hand in…I plan to explore whether a legislative remedy is needed to ensure the safety of our food supply [Sen. Markey sent FDA a letter in April asking if the agency needs statutory authority to ensure the safety of GRAS substances and encouraging the FDA to issue guidance on how to prevent conflicts of interest for outside experts evaluating GRAS substances.

The backstory

The FDA’s final GRAS rule is the result of a settlement agreement following a 2014 lawsuit filed by the Center for Food Safety. The basic issue: GRAS substances are not subject to FDA premarket approvals required for food additives.  Manufacturers are allowed to decide for themselves whether their additives are GRAS without informing the FDA. The new rules confirm this self-managed GRAS notification procedure.

I wrote about this issue in an editorial for JAMA Internal Medicine in 2013 when I commented on a study by Tom Neltner and his colleagues on the blatant conflicts of interest in FDA approval of GRAS substances.

Their study examined conflicts of interest among scientific experts serving on panels deciding whether food additives–substances that preserve, flavor, blend, and thicken food—should be deemed generally recognized as safe (GRAS) and exempt from Food and Drug Administration (FDA) premarket approval requirements.  Their findings are alarming. An astonishing 100 percent of the members of 290 expert panels included in their review worked directly or indirectly for the companies that manufactured the additive in question.  Even more alarming, the experts on these panels form a tight professional cadre.  Although 850 people served on the panels, 10 experts served on 27 panels or more, and one of these ten participated in three-quarters of the panels.

My editorial reviewed the lengthy history of FDA’s dithering about the GRAS process.  None of this would matter if all food additives were safe.  But some are not.  I also pointed out:

The problems created by conflicts of interest for the FDA go well beyond those related to food additives and GRAS exemptions.  A recent analysis of requests for waivers by people serving on FDA advisory committees views conflicts of interest as a severe threat to scientific integrity.  As Neltner et al. argue, the lack of independent review in GRAS determinations raises serious questions about the public health implications of unregulated additives in the food supply, particularly the additives that the FDA does not even know about. It also raises questions about conflicts of interest in other regulatory matters.

The FDA’s decision is a loss for public health.

It constitutes yet another reason not to eat products with long lists of additive ingredients.

Addition, August 16

The Environmental Working Group also issued a statement.

EWG is disappointed the FDA has decided to once again ignore its legal obligation to ensure the safety of our nation’s food supply…The so-called “GRAS loophole” – originally intended to only allow known ingredients proven safe to skip regulatory approval – has swallowed the law, permitting novel chemicals to be added to food without government oversight.

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Apr 4 2016

The Guardian: my thoughts on food companies’ taking out the negatives

Here’s my piece from The Guardian, April 2, 2016.

No amount of ‘free from’ labelling will make processed food good for you
Campbell’s is phasing BPA out of its cans. That, and GMO-labelling initiatives, are all great, but canned foods still aren’t fresh, local or sustainable

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.

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Mar 4 2015

Goodbye to artificial colors?

I was invited by CNN to comment on the announcement by Nestlé that it is removing artificial colors from its chocolates.

Here’s what I said:

(CNN) When food giant Nestle USA (to which I am, alas, not related) last month announced plans to remove all artificial flavors and colors from its chocolate candies, it understandably made headlines. According to the company, by the end of 2015, none of a group of 250 chocolate products including Butterfinger and Baby Ruth will contain artificial flavors or colors such as Red #40 or Yellow #5.

With the expectation that these chemicals will also disappear from the company’s other candies, it looks like the end of the use of artificial flavors and colors in anything but the cheapest food products. If that proves to be the case, it will be a welcome shift.

Nestle USA intends to advertise the reformulated products with a “No artificial flavors or colors” claim on package labels. If sales of the “no artificial” candies grow as expected, the company will surely extend the removal to all of its other colored and flavored food products. After all, Nestle’s international parent company — and the company’s competitors — will have to take notice and find ways to remove these chemicals from all their product lines.

Nestle USA has undeniable clout. It accounts for a quarter of the $100 billion in annual revenues of the more than century-old, privately held parent corporation, which itself is the largest food company in the world. This move surely will not only reverberate through the candy industry, but also affect every other major food company.

In substituting natural for artificial flavors and colors, Nestle USA is responding to what its customers are saying. The company’s own research indicates that Americans prefer their beloved candy brands to be free of artificial flavors and colors, while other surveys find majorities of respondents saying that artificial chemical additives negatively influence their buying decisions.

Nestle is also responding to decades of complaints from consumer advocates about the potential health risks of these chemicals, especially the dyes. Studies in experimental animals have linked high doses of food dyes to health problems, among them organ damage, cancer, birth defects, and allergic reactions. In humans, studies link food dyes to hyperactivity and other behavioral problems in young children.

The credibility of these studies and their implications for human health remain hotly debated. In the 1970s, for example, Ben Feingold, a physician in California, suggested that food additives caused children to become hyperactive. Much of the evidence for the “Feingold hypothesis” rested on anecdotal reports by parents, whereas double-blind, controlled clinical trials produced contradictory results.

On the basis of current evidence, some artificial food dyes have been banned, while others remain in use despite suggestions that they too might be harmful. But the makers and users of food dyes argue that the chemicals are safe at current levels of usage. As a result of all this, and in the absence of convincing evidence of their safety, the advocacy group Center for Science in the Public Interest has campaigned since the 1970s to remove food dyes and other chemicals from foods, and has continued to petition the Food and Drug Administration to ban them.

The opposing views complicate the regulatory status of food dyes. But after one clinical trial reported that dyes induce hyperactivity in half the children studied, the British government asked companies to stop using most food colors; the European Union requires a warning notice on many foods made with them.

In the United States, the FDA does not permit artificial food dyes to be used unless the manufacturers can meet safety requirements. But the amounts of these substances in the country’s food supply have greatly increased in recent years — soft drinks, breakfast cereals, frozen desserts and even salad dressings all contain artificial coloring agents. True, the FDA considers a dye to be safe if there is a reasonable certainty that no harm will result from its intended use. But that standard is vague enough to cause concern.

Given the unresolved scientific questions, it is reasonable to ask why artificial colors have to be in foods at all. From the standpoint of manufacturers, such additives are essential for covering up and hiding unattractive colors in processed foods. To the public, red candy seems to taste better than the drab variety. And while natural colors exist, they are less stable or more expensive to produce. But for Nestle to have taken the action that it has, the company must have found substitutes it can live with. And appealing to consumers’ preference for “natural” makes good business sense.

The truth is that whether artificial colors do or do not cause health problems in adults or children, they are there strictly for cosmetic purposes. For that reason alone, getting rid of them is a good idea.

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