A recent study by Purdue University scientists has purportedly concluded that the amounts of artificial food colors found in many popular U.S. foods are much higher than previously thought, and children—the target market for the most heavily dyed foods—could be consuming 100 to 200 mg of artificial color in a day, well over the 30 mg that has allegedly been shown to contribute to behavioral disorders such as attention deficit hyperactive disorder. Although manufacturers are required to disclose whether a food contains artificial coloring, the law does not require that they disclose how much of each color is used, and, according to the study, the amounts of artificial coloring in foods has increased more than five-fold since 1950. “In the 1970s and 1980s, many studies were conducted giving children 26 mg of a mixture of dyes,” said study author Laura Stevens. “Only a few children seemed to react to the…
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A recent study has claimed that children consume more artificial food colors (AFCs) than previously thought, raising concerns about potential health effects not addressed by federal guidelines. Laura Stevens, et al., “Amounts of Artificial Food Dyes and Added Sugars in Foods and Sweets Commonly Consumed by Children,” Clinical Pediatrics, April 2014. In addition to reporting the AFC content of individual brand-name foods and beverages, Purdue University researchers ultimately calculated that the U.S. Food and Drug Administration (FDA) certified 62 mg of AFCs per capita per day in 2010, up from 12 mg per capita per day in 1950. According to the Center for Science in the Public Interest (CSPI), these levels of AFC consumption “are higher than the levels demonstrated in some clinical trials to impair some children’s behavior.” “In the 1970s and 1980s, many studies were conducted giving children 26 mg of a mixture of dyes,” one study author was…
A federal court in California has dismissed with prejudice the third amended complaint filed by named plaintiffs on behalf of a putative class of purchasers of Chobani Greek Yogurt products, alleging violations of state consumer protection laws because the products were mislabeled under federal law by listing evaporated cane juice (ECJ), instead of sugar, as an ingredient and stating that the yogurts contain only natural ingredients, when they actually contain fruit and vegetable juice—purportedly “highly processed unnatural substances”—as well as turmeric for color. Kane v. Chobani, Inc., No. 12-2425 (N.D. Cal., decided February 20, 2014). The court agreed with Chobani that the plaintiffs failed to sufficiently allege reliance or to plead fraud with sufficient particularity and thus lacked standing to pursue their claims under California’s Unfair Competition Law (UCL), False Advertising Law and Consumers Legal Remedies Act. Apparently annoyed that the plaintiffs had been given numerous opportunities to cure pleading…
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.”…
The Center for Science in the Public Interest (CSPI) has asked Dannon to stop using carmine—a dye reportedly derived from the dried, crushed bodies of cochineal insects—to fruit-flavored yogurt to give it a pink color. According to the advocacy watchdog, Dannon’s practice not only cheats consumers, “who might expect that the named fruits—and not the unnamed creepy crawlies— are providing the color,” but also puts consumers at risk because it has been linked to allergic reactions ranging from hives to anaphylactic shock. See CSPI News Release, July 24, 2013.
The Food and Drug Administration (FDA) has issued a final rule that amends color additive regulations to provide for “the safe use of mica-based pearlescent pigments prepared from titanium dioxide and mica as color additives in distilled spirits containing not less than 18 percent and not more than 23 percent alcohol by volume but not including distilled spirits mixtures containing more than 5 percent wine on a proof gallon basis.” The action follows a petition filed by E. & J. Gallo Winery and takes effect July 15, 2013. See Federal Register, June 12, 2013.
Three California residents have filed a putative class action against food retailer Trader Joe’s in federal court, alleging three different types of misleading labeling claims: using the terms “evaporated cane juice” or “organic evaporated cane juice,” identifying as “natural” or “no added coloring or preservatives” foods that contain added preservatives and artificial colors, and representing non-dairy calcium products as “milk.” Gitson v. Trader Joe’s Co., No. 13-1333 (N.D. Cal., filed March 25, 2013). The plaintiffs claim that the company’s “labeling, advertising and marketing as alleged herein are false and misleading and were designed to increase sales of the products at issue. Defendant’s misrepresentations are part of an extensive labeling, advertising and marketing campaign, and a reasonable person would attach importance to Defendant’s misrepresentations in determining whether to purchase the products at issue.” The complaint outlines the applicable Food and Drug Administration (FDA) regulations that the defendant allegedly violated, noting that…
The European Food Standards Authority (EFSA) has issued a priority list of food additives “for which scientific data are required to finalize their re-evaluation within deadlines established by European legislation.” Tasked with re-evaluating hundreds of food additives by 2020, EFSA’s Panel on Food Additives and Nutrient Sources Added to Food (ANS Panel) has asked member states and other stakeholders to provide the following information for 51 food additives: (i) “figures from industry on the amounts of these additives they report using in their products”; and (ii) “data derived from analyses indicating actual levels of these additives found in foods and drinks from national food authorities, research institutions, academia, food industry, and other stakeholders.” To meet the evaluation deadlines, the ANS Panel has divided food additives into groups “based on the availability of scientific data.” The panel will accept data related to the 15 additives in the first group—which includes β-apo-8’-…
The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) has proposed amending the National List of Allowed and Prohibited Substances to change annotations pertaining to the use of peracetic acid in organic crop production and the use of potassium hydroxide, silicon dioxide and betacarotene extract color in organic handling. Following the recommendation of the National Organic Standards Board, AMS has also proposed removing non-organic annatto extract color from the list of approved substances for organic handling. In particular, AMS has requested comments that (i) “identify any formulated hydrogen peroxide products labeled for agriculture use that contain more than 5% peracetic acid,” and (ii) “describe whether product reformulation will be necessary to comply with the proposed amendment for silicon dioxide at section 205.605(b) and the proposed removal of annatto extract color from section 206.606.” The agency has requested comments on the proposed amendments by March 7, 2013. See Federal Register, February 5,…
A recent study targets the alleged health effects of two food and beverage dyes—Brilliant Blue (E133) and Patent Blue (E131)—after systemic absorption. Marianna Lucová, et al., “Absorption of triphenylmethane dyes Brilliant Blue and Patent Blue through intact skin, shaven skin and lingual mucosa from daily life products,” Food and Chemical Toxicology, February 2013. A particular focus of the study was to “assess the potential for lingua mucosa absorption of the dyes from human saliva as a consequence of licking lollipops.” The findings were “troubling,” the study noted, “particularly with regard to the repeated licking of lollipops by children.” The study concludes that because both dyes can potentially enter the bloodstream through the dorsum of the tongue and cause adverse health effects, such as attention deficit hyperactivity disorder, allergies and asthma, neither dye should be used in the manufacturing of lollipops and hard candies. Brilliant Blue is used as food additive…
