Weekly Newsletter | July 28, 2023 |
Food & Nutrition
OMB Completes Review of FDA Final Rule on Partially Hydrogenated Oils in Foods
The Office of Management and Budget has completed its long-awaited review of the FDA final rule, Revocation of Uses of Partially Hydrogenated Oils in Foods. FDA intends to issue the final rule and a companion proposed rule to update the regulations to remove all mention of partially hydrogenated oils (PHOs) from the agency’s generally recognized as safe (GRAS) regulations and as an optional ingredient in standards of identity. FDA is also revoking all prior sanctions for uses of PHOs in food. FDA released its final determination that PHOs are not GRAS in 2015.
House Introduces GusNIP Flexibility Act of 2023
Representative Rick Crawford (R-AR) and Daniel Kildee (D-MI) introduced the GusNIP Flexibility Act of 2023, which aims to strengthen and expand the Gus Schumacher Nutrition Incentive Program (GusNIP). The bill would create new USDA cooperative agreements to scale incentives programs statewide, prioritize grants for fruits and vegetables incentives projects, bolster the Produce Prescription Program (PPRx) grants by instilling a two-tiered grant structure for clinical and scalable infrastructure to maximize fruits and vegetables as medicine, and require USDA to provide a 10-year roadmap for moving the PPRx program out of USDA jurisdiction and over to a more healthcare-focused agency or the private sector, among others.
Study Examines Inclusion of Ultra-Processed Foods in U.S. Policy
A study published in the American Journal of Preventive Medicine examined federal and state policymaking approaches that address highly processed and ultra-processed foods (UPFs) from 1980 to 2023. Researchers found that few policies directly target UPFs in the U.S. compared to international policies in Belgium, Brazil and Israel, as few of these countries’ policies directly regulate UPFs and several countries’ dietary guidelines suggest eating less UPFs. The study suggests that international policymaking addressing UPF may provide information for future policymaking in the U.S. Notably, the 2025 Dietary Guidelines Advisory Committee (DGAC) has been tasked with evaluating the relationship between dietary patterns with varying amounts of UPF.
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Food Safety
FDA Denies to Reconsider Petition to Ban Phthalates in Food Packaging
FDA announced that the agency denied a petition requesting that FDA reconsider its denial of a citizen petition filed in May 2022. The citizen petition requested a ban on the use of eight ortho-phthalates and revocation of the prior sanctioned uses for five ortho-phthalates in food based on alleged safety concerns. In the agency’s response, FDA concluded that the petition does not provide a basis for modifying its response to the original citizen petition and FDA’s decision to deny the original petition remains unchanged. FDA intends to keep industry and the public informed of updates related to activities on phthalates in food packaging and food contact applications.
NACMCF to Host Meeting on Contamination in Produce and Infant Formula
The National Advisory Committee on Microbiological Criteria for Foods (NACMCF) is hosting a public meeting on August 30, 2023, from 11:00 a.m. to 1:00 p.m. (EST). The meeting will feature the full Committee to discuss and vote to adopt a forthcoming report on Cyclospora cayetanensis in preventing its contamination in produce. The Committee also intends to provide an update on the Committee's charge to address Cronobacter spp. in powdered infant formula intended to help gain scientific insight regarding Cronobacter infections, including recommendations for food safety management practices that the food industry can implement to enhance the safety of powdered infant formula.
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Agriculture
Congress Reintroduces Hemp Access and Consumer Safety Act
Senators Ron Wyden (D-OR), Rand Paul (R-KY), Jeff Merkley (D-OR), and Representative Earl Blumenauer (D-OR) reintroduced the Hemp Access and Consumer Safety Act, which would require hemp-derived cannabidiol (CBD) products be regulated by FDA in dietary supplements, foods, and beverages under the Federal Food, Drug and Cosmetic Act. The bill would require manufacturers to comply with all existing federal regulations for products that contain CBD and establish labeling and packaging requirements for such products. The bill comes in response to FDA's announcement in January 2023, concluding that existing regulatory frameworks for foods and supplements are not appropriate for CBD products and that the agency does not intend to pursue rulemaking allowing the use of CBD in dietary supplements or conventional foods.
On a related note, the House Oversight and Accountability Subcommittee on Health Care and Financial Services held the hearing, “Hemp in the Modern World: The Yearslong Wait for FDA Action,” urging FDA to exercise its regulatory authority to regulate hemp-derived and CBD products as a dietary supplement and food additive.
USDA Invests to Strengthen Food Market Access
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Global
UN Hosts Food Systems Summit +2 Stocktaking Moment
This week, the United Nations hosted the 2023 Food Systems Summit +2 Stocktaking Moment (UNFSS+2), building on the momentum and commitments made from the first UN Food Systems Summit in 2021. UNFSS+2 featured high-level leadership dialogues, side events, and roundtable discussions reviewing progress on country commitments and contributions to transforming food systems and meeting the UN’s Sustainable Development Goals. Throughout the three-day event, national leaders from over 20 countries underscored the importance of transitioning from vision to action by leveraging science, technology, and innovation, scaling up financial resources, integrating women, youth, and indigenous people, and fostering political leadership from governments to accelerate food systems change. UN Secretary-General, António Guterres, called for urgent action, including high-level, long-term political commitment and funding to address critical climate and food security challenges. Discussions from UNFSS+2 will inform upcoming UN meetings, including the SDG Summit in September 2023, COP 28 in November 2023, and the Summit of the Future in September 2024. The next meeting, UN Food Systems Summit +4, will be held in 2025, with the UN to convene a global stocktaking meeting every two years.
EU Organization Calls to Ban Influencer Marketing of HFSS Products for Children
The European Consumer Organization (BEUC) published a report calling for regulatory reform in the EU to better regulate influencer marketing of the promotion of foods high in fat, sugar and salt (HFSS) to children. The report provides recommendations for industry and urges for extended enforcement of existing EU legislation to further regulate the promotion of these products to clarify the rules and responsibilities operating in the influencer marketing value chain. Currently, there is no EU law that directly addresses influencer marketing of HFSS products, as BEUC aims to reform EU’s Unfair Commercial Practices Directive (UCPD), applicable to influencer marketing practices.
Fun Fact: Mushrooms are the only sufficient non-animal source of vitamin D.
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