The U.S. Food and Drug Administration (FDA) has issued a
determination revoking the generally recognized as safe (GRAS) status
of partially hydrogenated oils (PHOs), “the primary dietary source of
industrially-produced trans fatty acids.” To comply with the declaratory
order, food and beverage companies must remove PHOs from products
by June 18, 2018, or request food additive approval for specific uses of
PHOs.

Concluding that there is no longer expert consensus as to the safe use of
artificial trans fat in human food, FDA argues that the action is “expected
to reduce coronary heart disease and prevent thousands of fatal heart
attacks every year.” In the wake of its November 2013 tentative decision,
the agency apparently received more than 6,000 comments from
individuals, industry and trade associations, consumer groups, and
government officials, the majority of which purportedly supported the
reduction of trans fat in the food supply.

“Studies show that diet and nutrition play a key role in preventing
chronic health problems, such as cardiovascular disease and today’s
action goes hand in hand with other FDA initiatives to improve the
health of Americans, including updating the nutrition facts label,” said
FDA Center for Food Safety and Applied Nutrition Director Susan Mayne
in a concurrent press release. “This determination is based on extensive
research into the effects of PHOs, as well as input from all stakeholders
received during the public comment period.”

The agency also clarifies that the determination is a partial response
to citizen petitions submitted by the Center for Science in the Public
Interest (CSPI) and University of Illinois Professor Fred Kummerow,
who sued the agency in 2013 over its failure to act on his submission.
As CSPI Executive Director Michael Jacobson commented, “The final determination made today by the Food and Drug Administration gives
companies more than enough time to eliminate the last of the partially
hydrogenated oil that is still used in foods like microwave popcorn,
biscuits, baked goods, frostings, and margarines … If FDA approves it for
use as a food additive, it must do so only in the tiniest of amounts.” See
The Washington Post and CSPI Press Release, June 16, 2015.

 

Issue 569

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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