Tag Archives: Way too little: Our Government’s failure to regulate nanomaterials in food and agriculture

FOE, nano, and food: part three of three (final guidance)

The first part of this food and nano ‘debate’ started off with the May 22, 2014 news item on Nanowerk announcing the Friends of the Earth (FOE) report ‘Way too little: Our Government’s failure to regulate nanomaterials in food and agriculture‘. Adding energy to FOE’s volley was a Mother Jones article written by Tom Philpott which had Dr. Andrew Maynard (Director of the University of Michigan’s Risk Science Center) replying decisively in an article published both on Nanowerk and on the Conversation.

The second part of this series focused largely on a couple of  research efforts (a June 11, 2014 news item on Nanowerk highlights a Franco-German research project, SolNanoTox) and in the US (a  June 19, 2014 news item on Azonano about research from the University of Arizona focusing on nanoscale additives for dietary supplement drinks) and noted another activist group’s (As You Sow) initiative with Dunkin’ Donuts (a July 11, 2014 article by Sarah Shemkus in a sponsored section in the UK’s Guardian newspaper0).

This final part in the series highlights the US Food and Drug Administration’s (FDA) final guidance document on nanomaterials and food issued some five weeks after the FOE’s report and an essay by a Canadian academic on the topic of nano and food.

A July 9, 2014 news item on Bloomberg BNA sums up the FDA situation,

The Food and Drug Administration June 24 [2014] announced new guidance to provide greater regulatory clarity for industry on the use of nanotechnology in FDA-regulated products, including drugs, devices, cosmetics and food.

In this final guidance, the agency said that nanotechnology “can be used in a broad array of FDA-regulated products, including medical products (e.g., to increase bioavailability of a drug), foods (e.g., to improve food packaging) and cosmetics (e.g., to affect the look and feel of cosmetics).”

Also on the agency website, the FDA said it “does not make a categorical judgment that nanotechnology is inherently safe or harmful. We intend our regulatory approach to be adaptive and flexible and to take into consideration the specific characteristics and the effects of nanomaterials in the particular biological context of each product and its intended use.”

This July 18, 2014 posting by Jeannie Perron, Miriam Guggenheimm and Allan J. Topol of Covington & Burling LLP on the National Law Review blog provides a better summary and additional insight,

On June 24, 2014, the Food and Drug Administration (FDA) released three final guidance documents addressing the agency’s general approach to nanotechnology and its use by the food and cosmetics industries, as well as a draft guidance on the use of nanomaterials in food for animals.

These guidance documents reflect FDA’s understanding of nanomaterials as an emerging technology of major importance with the potential to be used in novel ways across the entire spectrum of FDA- regulated products.

The documents suggest that FDA plans to approach nanotechnology-related issues cautiously, through an evolving regulatory structure that adapts to manufacturers’ changing uses of this technology. FDA has not established regulatory definitions of “nanotechnology,” “nanomaterial,” “nanoscale,” or other related terms. …

The notion of an “evolving regulatory structure” is very appealing in situations with emerging technologies with high levels of uncertainty. It’s surprising that more of the activist groups don’t see an opportunity with this approach. An organization that hasn’t devised a rigid regulatory structure has no investment in defending it. Activist groups can make the same arguments, albeit from a different perspective, about an emerging technology as the companies do and, theoretically, the FDA has become a neutral party with the power to require a company to prove its products’ safety.

You can find the FDA final guidance and other relevant documents here.

Finally, Sylvain Charlebois, associate dean at the College of Business and Economics at the University of Guelph, offers a rather provocative (and not from the perspective you might expect given his credentials) opinion on the topic of ‘nano and food’  in a July 18, 2014 article for TheRecord.com,

Nanotechnology and nanoparticles have been around for quite some time. In fact, consumers have been eating nanoparticles for years without being aware they are in their food.

Some varieties of Dentyne gum and Jell-O, M&M’s, Betty Crocker whipped cream frosting, Kool-Aid, Pop-Tarts, you name it, contain them. Even food packaging, such as plastic containers and beer bottles, have nanoparticles.

While consumers and interest groups alike are registering their concerns about genetically modified organisms, the growing role of nanotechnology in food and agriculture is impressive. When considering the socio-economic and ethical implications of nanotechnology, comparisons to the genetic modification debate are unavoidable.

The big picture is this. For years, capitalism has demonstrated its ability to create wealth while relying on consumers’ willingness to intrinsically trust what is being offered to them. With trans fats, genetically modified organisms and now nanoparticles, our food industry is literally playing with fire. [emphasis mine]

Most consumers may not have the knowledge to fully comprehend the essence of what nanotechnology is or what it can do. However, in an era where data access in almost constant real-time is king, the industry should at least give public education a shot.

In the end and despite their tactics, the activist groups do have a point. The food and agricultural industries need to be more frank about what they’re doing with our food. As Charlebois notes, they might want to invest in some public education, perhaps taking a leaf out of the Irish Food Board’s book and presenting the public with information both flattering and nonflattering about their efforts with our food.

Part one (an FOE report is published)

Part two (the problem with research)

ETA Aug. 22, 2014: Coincidentally, Michael Berger has written an Aug. 22, 2014 Nanowerk Spotlight article titled: How to identify nanomaterials in food.

ETA Sept. 1, 2014: Even more coincidentally, Michael Berger has written a 2nd Nanowerk Spotlight (dated Aug. 25, 2014) on the food and nano topic titled, ‘Nanotechnology in Agriculture’ based on the European Union’s Joint Research Centre’s ‘Workshop on Nanotechnology for the agricultural sector: from research to the field”, held on November 21-22 2013’.

FOE, nano, and food: part two of three (the problem with research)

The first part of this roughly six week food and nano ‘debate’ started off with the May 22, 2014 news item on Nanowerk announcing the Friends of the Earth (FOE) report ‘Way too little: Our Government’s failure to regulate nanomaterials in food and agriculture‘. Adding energy to FOE’s volley was a Mother Jones article written by Tom Philpott which had Dr. Andrew Maynard (Director of the University of Michigan’s Risk Science Center) replying decisively in an article published both on Nanowerk and on the Conversation.

Coincidentally or not, there were a couple of news items about ‘nano and food’ research efforts during the ‘debate’. A June 11, 2014 news item on Nanowerk highlights a Franco-German research project into the effects that nanomaterials have on the liver and the intestines while noting the scope of the task researchers face,

What mode of action do nanomaterials ingested via food have in liver and intestine? Which factors determine their toxicity? Due to the large number of different nanomaterials, it is hardly possible to test every one for its toxic properties. [emphasis mine] For this reason, specific properties for the classification of nanomaterials are to be examined within the scope of the Franco-German research project “SolNanoTox”, which began on 1 March 2014. The [German] Federal Institute for Risk Assessment (BfR) requires data on bioavailability for its assessment work, in particular on whether the solubility of nanomaterials has an influence on uptake and accumulation in certain organs, such as liver and intestine. “We want to find out in our tests whether the criterion ‘soluble or insoluble’ is a determining factor for uptake and toxicity of nanomaterials,” says BfR President Professor Dr. Andreas Hensel.

A June 13, 2014 German Federal Institute for Risk Assessment (BfR) press release, which originated the news item, details the research and the participating agencies,

A risk assessment of nanomaterials is hardly possible at the moment and involves a very high degree of uncertainty, as important toxicological data on their behaviour in tissue and cells are still missing. [emphasis mine] The German-French SolNanoTox research project examines which role the solubility of nanomaterials plays with regard to their accumulation and potential toxic properties. The project is to run for three and a half years during which the BfR will work closely with its French sister organisation ANSES. Other partners are the Institut des Sciences Chimiques de Rennes and Universität Leipzig. The German Research Foundation and French Agence Nationale de la Recherche (ANR) are funding the project.

The tasks of the BfR include in vitro tests (e.g. the investigation of the influence of the human gastrointestinal system) and analysis of biological samples with regard to the possible accumulation of nanomaterials. In addition to this, the BfR uses modern methods of mass spectrometry imaging to find out whether nanoparticles alter the structure of biomolecules, e.g. the structure of the lipids of the cellular membrane. So far, these important tests, which are necessary for assessing possible changes in DNA or cellular structures caused by nanomaterials in food, have not been conducted.

Metallic nanoparticles are to be studied (from the press release),

In the project, two fundamentally different types of nanoparticles are examined as representatives for others of their type: titanium dioxide as representative of water insoluble nanoparticles and aluminium as an example of nanomaterials which show a certain degree of water solubility after oxidation. [emphases mine] It is examined whether the degree of solubility influences the distribution of the nanomaterials in the body and whether soluble materials may possibly accumulate more in other organs than insoluble ones. The object is to establish whether there is a direct toxic effect of insoluble nanomaterials in general after oral uptake due to their small size.

Different innovative analytical methods are combined in the project with the aim to elucidate the behaviour of nanomaterials in tissue and their uptake into the cell. The main focus is on effects which can trigger genotoxic damage and inflammation. At first, the effects of both materials are examined in human cultures of intestinal and liver cells in an artificial environment (in vitro). In the following, it has to be verified by animal experimentation whether the observed effects can also occur in humans. This modus operandi allows to draw conclusions on effects and mode of action of orally ingested nanomaterials with different properties. The goal is to group nanomaterials on the basis of specific properties and to allocate the corresponding toxicological properties to these groups. Motivation for the project is the enormous number of nanomaterials with large differences in physicochemical properties. Toxicological tests cannot be conducted for all materials.

In the meantime, a June 19, 2014 news item on Azonano (also on EurekAlert but dated June 18, 2014) features some research into metallic nanoparticles in dietary supplement drinks,

Robert Reed [University of Arizona] and colleagues note that food and drink manufacturers use nanoparticles in and on their products for many reasons. In packaging, they can provide strength, control how much air gets in and out, and keep unwanted microbes at bay. As additives to food and drinks, they can prevent caking, deliver nutrients and prevent bacterial growth. But as nanoparticles increase in use, so do concerns over their health and environmental effects. Consumers might absorb some of these materials through their skin, and inhale and ingest them. What doesn’t get digested is passed in urine and feces to the sewage system. A handful of initial studies on nanomaterials suggest that they could be harmful, but Reed’s team wanted to take a closer look.

They tested the effects of eight commercial drinks containing nano-size metal or metal-like particles on human intestinal cells in the lab. The drinks changed the normal organization and decreased the number of microvilli, finger-like projections on the cells that help digest food. In humans, if such an effect occurs as the drinks pass through the gastrointestinal tract, these materials could lead to poor digestion or diarrhea, they say. The researchers’ analysis of sewage waste containing these particles suggests that much of the nanomaterials from these products are likely making their way back into surface water, where they could potentially cause health problems for aquatic life.

This piece is interesting for two reasons. First, the researchers don’t claim that metallic nanoparticles cause digestion or diarrhea due to any action in the gastrointestinal tract. They studied the impact that metallic nanoparticles in supplementary drinks had on cells (in vitro testing) from the gastrointestinal tract. Based on what they observed in the laboratory, “… these materials could lead to poor digestion or diarrhea… .” The researchers also suggest a problem could occur as these materials enter surface water in increasing quantities.

Here’s a link to and a citation for the paper,

Supplement Drinks and Assessment of Their Potential Interactions after Ingestion by Robert B. Reed, James J. Faust, Yu Yang, Kyle Doudrick, David G. Capco, Kiril Hristovski, and Paul Westerhoff. ACS Sustainable Chem. Eng., 2014, 2 (7), pp 1616–1624 DOI: 10.1021/sc500108m Publication Date (Web): June 2, 2014

Copyright © 2014 American Chemical Society

With Paul Westerhoff as one of the authors and the reference to metallic nanoparticles entering water supplies, I’m guessing that this research is associated with the LCnano (lifecycle nano) project headquartered at Arizona State university (April 8, 2014 posting).

Getting back to the Franco-German SolNanoTox project, scientists do not know what happens when the cells in your intestines, liver, etc. encounter metallic or other nanoparticles, some of which may be naturally occurring. It should also be noted that we have likely been ingesting metallic nanoparticles for quite some time. After all, anyone who has used silver cutlery has ingested some silver nanoparticles.

There are many, many questions to be asked and answered with regard to nanomaterials in our foods.  Here are a few of mine:

  • How many metallic and other nanoparticles did we ingest before the advent of ‘nanomaterials in food’?
  • What is the biopersistence of naturally occurring and engineered metallic and other nanoparticles in the body?
  • Is there an acceptable dose versus a fatal dose? (Note: There’s naturally occurring formaldehyde in pears as per my May 19, 2014 post about doses, poisons, and the Sense about Science group’s campaign/book, Making Sense of Chemical Stories.)
  • What happens as the metallic and other engineered nanoparticles are added to food and drink and eventually enter our water, air, and soil?

Returning to the ‘debate’, a July 11, 2014 article by Sarah Shemkus for a sponsored section in the UK’s Guardian newspaper highlights an initiative taken by an environmental organization, As You Sow, concerning titanium dioxide in Dunkin’ Donuts’ products (Note: A link has been removed),

The activists at environmental nonprofit As You Sow want you to take another look at your breakfast doughnut. The organization recently filed a shareholder resolution asking Dunkin’ Brands, the parent company of Dunkin’ Donuts, to identify products that may contain nanomaterials and to prepare a report assessing the risks of using these substances in foods.

Their resolution received a fair amount of support: at the company’s annual general meeting in May, 18.7% of shareholders, representing $547m in investment, voted for it. Danielle Fugere, As You Sow’s president, claims that it was the first such resolution to ever receive a vote. Though it did not pass, she says that she is encouraged by the support it received.

“That’s a substantial number of votes in favor, especially for a first-time resolution,” she says.

The measure was driven by recent testing sponsored by As You Sow, which found nanoparticles of titanium dioxide in the powdered sugar that coats some of the donut chain’s products. [emphasis mine] An additive widely used to boost whiteness in products from toothpaste to plastic, microscopic titanium dioxide has not been conclusively proven unsafe for human consumption. Then again, As You Sow contends, there also isn’t proof that it is harmless.

“Until a company can demonstrate the use of nanomaterials is safe, we’re asking companies either to not use them or to provide labels,” says Fugere. “It would make more sense to understand these materials before putting them in our food.”

As You Sow is currently having 16 more foods tested. The result should be available later this summer, Fugere says.

I wonder if As You Sow will address the question of whether the nanoscale titanium dioxide they find indicates that nanoscale particles are being deliberately added or whether the particles are the inadvertent consequence of the production process. That said, I find it hard to believe no one in the food industry is using engineered nanoscale additives as they claim  (the other strategy is to offer a nonanswer) in Shemkus’ article (Note: Links have been removed).,

In a statement, Dunkin’ Donuts argues that the titanium dioxide identified by As You Sow does not qualify as a nanomaterial according to European Union rules or draft US Food and Drug Administration regulations. The company also points out that there is no agreed-upon standard method for identifying nanoparticles in food.

In 2008, As You Sow filed nanomaterial labeling resolutions with McDonald’s and Kraft Foods. In response, McDonald’s released a statement declaring that it does not support the use of nanomaterials in its food, packaging or toys. Kraft responded that it would make sure to address health and safety concerns before ever using nanomaterials in its products.

While Shemkus’ article appears in the Guardian’s Food Hub which is sponsored by the Irish Food Board, this article manages to avoid the pitfalls found in Philpott’s nonsponsored article.

Coming next: the US Food and Drug Administration Guidance issued five weeks after the FOE kicks off the ‘nano and food’ debate in May 2014 with its ‘Way too little: Our Government’s failure to regulate nanomaterials in food and agriculture‘ report.

Part one (an FOE report is published)

Part three (final guidance)

FOE, nano, and food: part one of three (an FOE report is published)

It seems the food and nano debate of Spring/Summer 2014 has died down, for a while at least. The first volley (from my perspective) was the May 2014 release of ‘Way too little: Our Government’s failure to regulate nanomaterials in food and agriculture’ by the Friends of the Earth (FOE) Australia. Here’s how the report is described in a May 22, 2014 news item on Nanowerk,

Friends of the Earth’s new report, Way too little (pdf), looks at the now widespread presence of nanomaterials in our food chain and how little Food Standards Australia New Zealand (FSANZ) is doing to ensure our safety.

You can find the following passage on p. 6 of FOE’s report ‘Way too little: Our Government’s failure to regulate nanomaterials in food and agriculture‘,

This report will examine the changes since our 2008 report including the development of new food, food contact and agricultural products. It will review the current literature relating to the potential environmental, health and safety impacts associated with nanotechnology and summarise the Australian regulatory responses to date.

This updated report uncovers the:

•accelerating rate of commercialisation and rapidly increasing number of commercial products containing nanomaterials in the food and agricultural sectors;

•lack of information regarding which nanomaterials have been released and the likely exposure of humans and natural systems to these materials;

•lack of basic steps to allow us to track nanomaterials that have been released, such as
labelling and a register of products containing nanomaterials;

•growing gap between the pace of commercialisation and environmental, health and safety assessments;

•increasingly large body of peer reviewed evidence that certain nanomaterials may cause harm to human health or the environment;

•failure of regulators to respond to the growingevidence of risks;

•lack of basic knowledge that is critical in order to fully analyse the particular environmental, health and safety issues associated with nanotechnology.

Six years ago, inaction was based on a perceived lack of data. Inaction is still the norm but that is no longer an excuse our Government can use. Scientists and scientific bodies such as the US National Research Council have given us more than enough evidence to justify a pro-active regulatory regime and a properly funded R&D program that will effectively target those areas of greatest environmental and health concern.

Unfortunately, our Federal Government seems unwilling to provide the levels of funding required for such work or to adopt appropriate regulation. The notion of precaution has been replaced with an attitude that it is the obligation of industry to determine whether their products are safe and regulators will only act when harm is shown. While France, Belgium and Denmark are implementing a mandatory register for nanomaterials and the EU’s is in the process of implementing a nano food labelling regime, Australian consumers remain in the dark.

This needs to change.

One of the issues with increased regulation and labeling is whether the benefits outweigh disadvantages such as the increased difficulty of getting needed foodstuffs to the marketplace and, of course, cost.

Tom Philpott in a May 28, 2014 article for Mother Jones magazine titled ‘Big Dairy Is Putting Microscopic Pieces of Metal in Your Food’ is a strong proponent for FOE’s position, albeit his geographic focus is the US and he seems most concerned with metallic nanoparticles (Note: Links have been removed),

Examples include Silk Original Soy Milk, Rice Dream Rice Drink, Hershey’s Bliss Dark Chocolate, and Kraft’s iconic American Cheese Singles, all of which now contain nano-size titanium dioxide*. As recently as 2008, only eight US food products were known to contain nanoparticles, according to a recent analysis [May 2014 report] from Friends of the Earth—a more than tenfold increase in just six years.

Philpott goes on to mention the US Food and Drug Administration’s (FDA) 2012 draft guidance on nanomaterials and food,

Back in 2012, the FDA released a draft, pending public comment, of a proposed new framework for bringing nano materials into food. The document reveals plenty of reason for concern. For example: “so-called nano-engineered food substances can have significantly altered bioavailability and may, therefore, raise new safety issues that have not been seen in their traditionally manufactured counterparts.” The report went on to note that “particle size, surface area, aggregation/agglomeration, or shape may impact absorption, distribution, metabolism and excretion (ADME) and potentially the safety of the nano-engineered food substance.”

What FDA is saying here is obvious: If nanoparticles didn’t behave differently, the industry wouldn’t be using them in the first place.

So what’s the remedy? Rather than require rigorous safety studies before companies can lace food with nanoparticles, the FDA’s policy draft proposes “nonbinding recommendations” for such research. Even that rather porous safety net doesn’t yet exist—the agency still hasn’t implemented the draft proposal it released more than two years ago.[emphasis mine]

June 27, 2014, the FDA issued a final ‘food and nanotechnology’ guidance document (more on that later).

In the meantime, Dr. Andrew Maynard (Director of the University of Michigan’s Risk Science Center) strongly countered Philpott’s Mother Jones article with his own article published both on The Conversation (June 3, 2014) and on Nanowerk (June 4, 2014),

Recently the American publication Mother Jones published an article on the dangers of food laced with tiny metal oxide particles. The article, however, is laced with errors and misinformation.

The source material for the article came from a report by the environmental organisation Friends of the Earth, an online database of nanotechnology-based consumer products and a peer-reviewed paper published in 2012. However, the analysis of the information is flawed.

..

Bad journalism

The inventory Philpott cites is the Project on Emerging Nanotechnologies Consumer Products Inventory, which I helped establish in 2006 as a way better understand the increasing number of consumer products that were using engineered nanomaterials. It provides a useful but only qualitative sense of what was being used where, and relies on intermittent web searches and other sources of intelligence. The inventory was never meant to be comprehensive or authoritative.

Briefly, Andrew’s argument is that the FOE report (Way too little) which claims a tenfold increase since 2008 of food products with added nano titanium dioxide (and which Philpotts uses to build his case) is erroneous. In 2006, the inventory was voluntary and there was no oversight. At that time, eight food products had been added to the list. In 2013, the inventory was revived (Oct. 28, 2013 posting) and new information added from a 2012 academic paper. The products from the 2012 paper may have predated the 2006 inventory products, or not. There is no way to tell. Andrew notes this in his measured way,

As someone who works on the risks and benefits of nanotechnology, I can see how errors in translation crept into this story. The 2012 paper was addressing a legitimate concern that little is know about how much titanium dioxide is in the processed food chain. The Consumer Products Inventory provides important and unique insights into nanoparticles being used in products. Friends of the Earth have every right to ask what is known about the potential risks in what we’re eating. And reporters like Philpott have a professional obligation to highlight issues of concern and interest to their readers.

The problem with exaggerated and inflated claims is that FOE proves itself to be an unreliable source and Philpott’s failure to investigate adequately puts his own credibility into question. How can you trust either FOE’s materials or Philpott’s articles? The easiest way to begin rebuilding credibility is to admit one’s mistakes. To date, I have not seen any such attempts from FOE or Philpott.

Coming next: a research initiative into the health effects of nano and food and a research paper on nano in commercial drinks both of which help illustrate why there are concerns and why there is a reluctance to move too quickly.

Part two (the problem with research)

Part three (final guidance)