010520 NFPA Wants Swift Implementation of Safety Reforms

Washington - In testimony delivered at a hearing by Congress on the Food and Drug Modernization Act (FDAMA), a representative of the National Food Processors Association (NFPA) called for swifter implementation of reforms of the Agency's health claims and irradiation labeling policies.

“FDA needs to move more swiftly to permit certain types of food labeling that would give consumers important health and safety-related information,” said Dr. Rhona Applebaum, NFPA's Executive Vice President of Scientific and Regulatory Affairs.

NFPA, representing the food industry, testified to the Health Subcommittee of the House Energy and Commerce Committee, at a hearing on “Evaluating the Effectiveness of the Food and Drug Administration Modernization Act.”

Dr. Applebaum noted “The food labeling provisions of FDAMA were a reaction to decades of overly restrictive policies that inhibited truthful and nonmisleading label statements. Unfortunately, FDA has taken great pains in its implementation of these provisions to exclude as many claims as possible. FDA turned down the first nine health claims submitted under new FDAMA provisions. Two FDAMA claims were authorized -- for whole grain foods and heart disease and cancer, and for potassium and reduced risk of hypertension -- but these small achievements are not adequate proof that FDA has abandoned its restrictive policies on health claims.”

“In the key case on health claims, Pearson v. Shalala, the Court held that FDA must consider whether appropriate disclosures could render a health claim on dietary supplements truthful and non-misleading, even if it was based on preliminary scientific findings,” Dr. Applebaum pointed out. “The Court also held that FDA's failure to consider authorizing health claims accompanied by a disclaimer violated the First Amendment. On December 1, 1999, FDA announced its plan to implement the Pearson holding -- referred to by the agency as the 'Ten Year Plan' because of its estimated decade-long timetable for implementation. With all due respect, NFPA maintains that it is unacceptable for conventional foods to wait until 2010 for relief from restrictive health claims policies.”

Dr. Applebaum stated, “FDA's labeling policy also discourages important food safety technologies, such as irradiation, from coming to market. In report language accompanying FDAMA, Congress called for amendment of the existing irradiation disclosure regulation, and instructed FDA to explore alternative labeling for irradiated food, noting any required disclosure should not be perceived as a warning or give rise to inappropriate consumer anxiety. But despite this Congressional directive, FDA has been slow to act. NFPA is encouraged that FDA is now seeking to undertake consumer research on irradiation labeling, but we wonder why this important reform of food safety information is taking so long.”

In her remarks, Dr. Applebaum noted NFPA's appreciation of the Committee's work to address many of the problems in the foods area that food companies experienced prior to FDAMA, and cited the efforts of Congressmen Ed Towns of New York and Ed Whitfield of Kentucky, who authored the bulk of the FDAMA food provisions.

In the regulation of foods, FDAMA resulted in the approval of irradiation for use on red meats; a streamlined process for approving food contact substances, which are primarily used in food packaging; and a reduction in label clutter through the elimination of the requirement of a statement referring consumers to the nutrition label on food products.

NFPA is the voice of the $460 billion food processing industry on scientific and public policy issues involving food safety, nutrition, technical and regulatory matters and consumer affairs.

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