Weekly Newsletter | August 3, 2023
Food & Nutrition

Lawmakers Send Letter Requesting FDA Provide Update on Human Foods Program
Senator Richard Durbin (D-IL) and Representative Rosa DeLauro (D-CT) sent a letter to FDA regarding the agency's plans to reorganize the Human Foods Program. In the letter, lawmakers request that the agency answer seven proposed questions by August 18, 2023, urging FDA to fulfill the recommendations made within the external evaluation conducted by the Reagan-Udall Foundation in December 2022. The questions seek to provide clarity regarding the roles and authorities of the new Deputy Commissioner for Human Foods and the Associate Commissioner for Regulatory Affairs, the compliance functions of ORA, and how FDA's reorganization will enhance the implementation of FSMA and lead to more communication, collaboration, and engagement across the agency and among stakeholders. 

Lawmakers Plan to Introduce Bill to Require FDA Establish FOP Nutrition Labels 
According to the Center for Science in the Public Interest (CSPI), Senator Richard Blumenthal (D-CT) and Representative Jan Schakowsky (D-IL) intend to introduce the Transparent, Readable, Understandable, True, and Helpful (TRUTH) in Labeling Act in September 2023. This bill would direct FDA to establish front-of-package nutrition labels (FOPNL), consistent with the Nutrition Facts label and the Dietary Guidelines for Americans. The legislation would require a standardized FOPNL system that displays calorie and interpretive nutrition information, distinguishing products that contain high levels of added sugars, sodium, and saturated fat. The TRUTH in Labeling Act also directs that FDA have one year to issue a FOPNL proposed rule and two years to issue a subsequent final rule after the bill’s enactment.

Study Suggests School Meal Standards Aligned with DGAs Improve Overall Health
A study published in The American Journal of Clinical Nutrition examined the potential short- and long-term health and economic benefits of strengthening U.S. school meal standards regarding added sugars, sodium, and whole grains, consistent with the 2020–2025 Dietary Guidelines for Americans (DGA). Researchers suggest that stronger school meal nutrition standards on added sugars, sodium, and whole grains, aligned with the 2020–2025 DGA recommendations, may improve diet, childhood health, and future adult burdens of cardiovascular disease (CVD), diabetes, cancer, and associated economic costs. Likewise, CSPI released a statement in support of these stronger school meal nutrition standards.

Study Suggests Ultra-Processed Food Increase Risk of CVD Mortality 
A study published in The American Journal of Clinical Nutrition examined the association of ultra-processed food (UPF) intake with all-cause and cardiovascular disease (CVD) mortality among participants with type 2 diabetes. Researchers found that higher UPF consumption, classified according to the NOVA classification system, was associated with reduced survival and higher CVD mortality rate, regardless of diet quality. The study suggests that dietary guidelines limit UPFs for the management of type 2 diabetes.

Study Suggests NOVA Classification Aligns with Consumer Perspectives
A study published in Food Quality and Preference examined consumers’ associations with processed foods and their perceived level of processing, according to the NOVA classification system, and the nutritional value of foods rated by Nutri-Score. Researchers found that consumer’s perceptions of foods and their degree of processing level tend to align with their NOVA classification and a similar nutritional value Nutri-Score rating. The study suggests that consumers tend to have negative associations with food processing and use the perceived degree of processing as a cue in their evaluation of the healthiness of foods.
Food Safety

FDA Denies Petition to Prohibit Manufacturers Intentionally Adding Sesame to Foods 
FDA denied a petition, filed by CSPI in January 2023, requesting that the agency issue a notice and update its food industry guidance to prevent manufacturers from intentionally adding sesame and other major allergens to products instead of implementing preventative food allergy controls. In the letter, FDA denied CSPI’s requests to 1) issue a notice to manufacturers declaring that companies cannot meet their obligation to control allergen cross-contact risks by adding major food allergens intentionally to foods, 2) finalize the agency’s draft guidance for industry to reflect the policy that companies cannot add major food allergens to mitigate cross-contact risks, and 3) clarify in guidance that while cross-contact risks can be declared voluntarily in a “may contains” advisory statement, they cannot be declared by naming the allergen in the “Contains” statement or ingredient list. However, FDA acknowledged that the agency does not encourage companies intentionally adding sesame to foods that did not contain sesame and is actively looking into and engaging in this practice. 

On a related note, the agency published a blog by FDA Commissioner Robert Califf to provide an update on sesame allergen labeling on food packages, reiterating that the agency recognizes the challenges and limitations industry may be facing in implementing effective cross-contact controls and allergen labeling.

Netflix Releases Documentary on U.S. Food Safety System
Netflix released the documentary, Poisoned: The Dirty Truth About Your Food, based on a book published by author Jeff Benedict in 2013. The film examines current regulations in the U.S. food safety industry and shares the stories of victims and their families impacted by foodborne illness, shedding light on the government's role in regulating the food industry and the opportunities for additional congressional action. The documentary examined the history of past foodborne illness outbreaks in the U.S., including the first major E. coli O157 outbreak in 1993 and subsequent E. coli and Salmonella outbreaks that have since followed. The film featured notable food safety leaders and advocates, including Frank Yiannas, former FDA Deputy Commissioner for Food Policy and Response, Sandra Eskin, USDA Deputy Under Secretary for Food Safety, Mike Taylor, former USDA Food Safety and Inspection Service administrator, and Mindy Brashears, former Undersecretary of Agriculture for Food Safety.
Agriculture

FDA Seeks Comment on Report to Track AMU Data in Food-Producing Animals 
FDA is seeking public comment on the recently published Reagan-Udall Foundation report that outlines a potential framework for establishing a public-private partnership (PPP) to collect and analyze antimicrobial use (AMU) data from food-producing animals in the U.S. In the report, the Foundation emphasizes the limited availability of AMU data for food-producing animals, resulting in challenges to enhance antimicrobial stewardship and better understand the relationship between antimicrobial resistance (AMR) and AMU. FDA and the Foundation are actively exploring whether a PPP could balance the need for public health information with practical concerns, as the agency’s current authority does not require end users to report AMU data. FDA is accepting comments on this report until October 31, 2023.

Lawmakers Release Request for Information on FDA Regulation of CBD
A bipartisan group of lawmakers, including Bernie Sanders (I-VT), Bill Cassidy (R-LA), Cathy McMorris Rodgers (R-WA), and Frank Pallone Jr. (D-NJ), released a Request for Information (RFI) on FDA’s federal regulation of hemp-derived cannabidiol (CBD). In the request, the group seeks information from experts and stakeholders regarding the current market for CBD products, best practices for the inclusion of a federal regulatory framework and pathway for CBD products, appropriate limits on the amount of CBD in foods and dietary supplements, and guidelines for the claims manufacturers can make about CBD products, among others. This RFI follows the recently introduced Hemp Access and Consumer Safety Act and House Oversight and Accountability Subcommittee hearing that advocated for FDA to exercise its regulatory authority to regulate hemp-derived and CBD products as a dietary supplement and food additive.

House Introduces PLANT Act to Support Plant-Based Food Production
Representative James McGovern (D-MA) introduced the Peas, Legumes, and Nuts Today Act (PLANT Act), which aims to expand opportunity for agricultural producers, increase consumer choice in food markets, and establish new programs for plant-based food production. The legislation would provide support for U.S. farmers who produce plant-based food ingredients, ensure that food companies turn those ingredients into plant-based foods that are eligible for USDA producer programs, and establish R&D investments at USDA to foster U.S. plant-based food innovation.
Global

Switzerland’s Aleph Farms Submits First Application for Cultivated Meat Approval in EU
Aleph Farms, a cellular agriculture company, submitted an application for regulatory approval to the Swiss Federal Food Safety and Veterinary Office (FSVO) to sell the world’s first cultivated beef steaks in Switzerland. This announcement marks the first application submitted for regulatory approval of cell-cultivated meat production in the EU. The FSVO will deliberate over the application before potential approval is granted, with the process expected to take at least 12 months. In the U.S., USDA's Food Safety and Inspection Service (FSIS) granted the first U.S. inspection approval for the sale of cell-cultivated chicken products to Upside Foods and Good Meat, establishing them as the first two cultivated meat companies to receive full regulatory approval to sell their products on the market.

Fun Fact: The flamingo's pink color is a result of the natural pink pigments in the foods they consume, such as shrimp and algae.