Functional Food Fight

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Speaking for the Institute of Food Technologists, Barbara Petersen, Ph.D., provided several recommendations including establishing independent expert panels to evaluate ingredients for efficacy, a suggestion the FDA turned down according to Silverglade. In arguing for changing regulatory policies, Petersen noted "functional foods already on the market represent a small fraction of the potential for these types of foods." Further IFT recommendations included changing labeling regulations to allow claims that can currently only be applied to drugs. Happily for those who don't want to turn their refrigerators into medicine cabinets, the FDA seems unlikely to adopt such a change in regulations.

The FDA was also called on to include information on the identity and quantity of functional ingredients or components in the Nutrition Facts box. Annette Dickinson, Ph.D., a consultant to the dietary supplement industry, noted, for example, that the labels on certain eggs and canned red sockeye products highlight the omega-3 fatty acids contained. "Consumers may conclude that the two products provide similar benefits," says Dickinson, "but in fact the eggs contain only ALA, while the salmon provides EPA and DHA, which are more strongly related to health benefits for the heart." Such claims may, however, be too close to drug claims to be allowed.

Whether FDA's hearing will have much effect remains to be seen. Silverglade pointed out that although the FDA has sent out warning letters to companies violating regulations, those letters have been ignored so far. "The companies are essentially daring the FDA to take them to court," Silverglade said.

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