The Food and Drug Administration (FDA) is evaluating current allowable levels of inorganic arsenic in apple juice in response to consumer groups’ demand for tighter restrictions. In a November 21, 2011, letter to Food & Water Watch and the Empire State Consumer Project, FDA said, “we are seriously considering setting guidance or other level for inorganic arsenic in apple juice and are collecting all relevant information to evaluate and determine an appropriate level.”

Earlier this year, Mehmet Oz, M.D., highlighted concerns about arsenic in
apple juice during his nationally syndicated TV show, details of which were
highlighted in Issue 410 of this Update.

According to FDA guidelines, apple juice cannot contain more than 23 parts
per billion (ppb) of inorganic arsenic, which is found in pesticides and can be
harmful if consumed at high levels over a long period of time. FDA Deputy
Commissioner Michael Taylor told a news source that although “apple juice is
generally safe,” FDA is conducting arsenic studies to “minimize these exposures
as much as we possibly can.” FDA test results reportedly indicate that of
160 apple juices sampled, approximately 88 percent had fewer than 10 ppb
total arsenic, and 95 percent had total arsenic levels below 23 ppb.

Meanwhile, Consumers Union, which publishes Consumer Reports, has issued
a study calling for arsenic levels of 3 ppb. “We look at apple and grape juice
as a poster child for arsenic in the food supply in general,” Consumers Union
Senior Scientist Urvashi Rangan reportedly said. “Chronic low-level exposure
of carcinogen is something we should be concerned about.” See Associated
Press, December 1, 2011.

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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