The Food and Drug Administration (FDA) has issued a final rule providing
“for the safe use of spirulina extract made from the dried biomass of the
cyanobacteria Arthrospira platensis (A. platensis), as a color additive in candy
and chewing gum.” According to FDA, “Spirulina is a blue-green filamentous
cyanobacteria that occurs naturally in freshwater and marine habits.” Its
extract primarily contains “the water soluble components of spirulina, namely
phycocyanins and other proteins, polysaccharides, lipids, and minor amounts
of components such as vitamins, minerals, and moisture.”

FDA has also determined that “there is no need for a specific upper limit for the color additive or phycocyanin content,” although the extract must abide by limits for lead, arsenic and mercury, in addition to testing negative for the microcystin toxin, “which is produced by some species of cyanobacteria that could be potentially present in the water where A. platensis is grown and harvested.” Effective September 13, 2013, the final rule reportedly represents the first time a “natural” blue color additive has been approved for use on the U.S. market. See Federal Register, August 13, 2013; FoodNavigator-USA.com, August 14, 2013.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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