The International Chewing Gum Association (ICGA) recently submitted
comments to the U.S. Food and Drug Administration (FDA) about the agency’s
proposal to revoke the generally recognized as safe (GRAS) status for partially
hydrogenated oils (PHOs). Noting that PHOs are used in some chewing gum
products “as softeners or texturizers at levels typically in the range of 0.2 to 2
percent of the finished gum,” ICGA has criticized FDA’s tentative determination
as “misguided and overly broad.”

In particular, the association has argued that FDA’s blanket revocation violates
“the legal and scientific elements of the GRAS standard, which require a safety
assessment for intended use by experts in ingredient safety.” According to
ICGA, the tentative determination not only represents “a significant departure”
from past efforts to reduce trans fat consumption through labeling initiatives,
but discards a previous determination that PHOs in amounts less than 0.5
grams per serving “are effectively not present” in a product. In addition, the
industry has cited a lack of PHO alternatives at reasonable prices, claiming
that “it will take time to test and fully qualify products for performance,
stability and consumer acceptance before they are marketed.”

“[W]hile the use of partially hydrogenated oils in food has been drastically reduced in recent years, they continue to be important functional ingredients at lower levels in many food products,” concluded ICGA, which has asked FDA to avail itself of other regulatory approaches to reducing trans fat in the diet. “As such, eliminating the GRAS status in all foods would have major ramifications for reformulating products in the food industry. We believe there are safe and valid applications for partially hydrogenated oils in food that FDA should consider before making a regulatory decision to eliminate all uses.”

 

Issue 519

About The Author

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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