Advocacy organization As You Sow has issued a report titled “Slipping
Through the Cracks: An Issue Brief on Nanomaterials in Food” to “inform
companies, investors, and consumers about the emerging use of engineered
nanomaterials in food and food related products, and to highlight the potential
unknown risks of this technology.”

The organization describes how it sought information from major food and
food packaging companies about nanomaterials in their products, and of
those few responding, most either do not know whether nanomaterials
are in their supply chain or were not apparently concerned about the issue.
Comprehensive survey results are included in the report. As You Sow also
tested a few products and purportedly found nano-sized titanium dioxide
in the powered sugar used on a Dunkin’ Donut product. The organization is
soliciting contributions to allow it to test other products, such as Trident gum
and Pop-Tarts.

The report suggests that while initial studies on nano-particle exposures have raised health concerns, little safety testing is underway. As You Sow observes that Europe has taken the lead on studying and regulating nanomaterials in food and expresses concern about the U.S. Food and Drug Administration’s (FDA’s) apparent failure to establish “parameters, tests, or testing equipment or methodology . . . to identify or decide how to measure exposure, absorption levels, or behaviors of nanoparticles in the human body.” According to the report, every company should develop a nanomaterial policy and disclose it to consumers, investors and stakeholders; determine if nanomaterials are in its supply chain and designate someone in the company to assume responsibility for “product safety related to nanomaterials.”

According to As You Sow Executive Director Andy Behar, “We’re not taking a
no nano position. We’re saying just show it’s safe before you put these things
into food or food packaging.”

Responding to the report, New York University Nutrition Professor Marion Nestle discussed FDA’s position “on how industry should deal with nanoparticles in foods and food packaging,” and stated, “the FDA has no idea whether this technology is safe or not and is depending on industry to find out.

Because the FDA does not require labeling of nanomaterials (the European Union does), you have to decide for yourself whether this is something you want to add to your list of food worries.” See The New York Times, February 5,
2013; FoodPolitics.com, February 7, 2013.

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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