CSPI Calls for Halt to Functional Food Claims

July 19

The consumer activist Center for Science in the Public Interest (CSPI) wants the Food and Drug Administration (FDA) to halt the sale of dozens of "functional foods" that contain ingredients CSPI says are not considered by the agency to be safe. In 158 pages of written complaints concerning more than 75 products, CSPI also urged the FDA to order manufacturers to stop making false and misleading claims about their products.

CSPI’s proposal is a "frenzied overreaction," the Grocery Manufacturers of America said. "Functional foods are just that: foods. They already have to meet stringent federal food safety regulations. CSPI's frenzied call for product bans is an overreaction," said GMA food scientist Stacey Zawel.

But CSPI legal affairs director Bruce Silverglade claimed, "Food companies are spiking fruit drinks, breakfast cereals, and snack foods with illegal ingredients and then misleading consumers about their health benefits. It’s shameful that respected companies are selling modern-day snake oil."

On display at a Washington news conference were dozens of products targeted in CSPI’s complaints to the FDA including Snapple’s "Moon" Tea Drink containing kava kava. It claims to "enlighten your senses." Kava kava has been a factor in several arrests for driving while intoxicated (DWI), says CSPI. Kava kava is also used in Apple & Eve’s Tribal Tonics’ "Relaxation Cocktail" and Hansen’s "d•stress" sparkling drink. Ben & Jerry’s "Tropic of Mango Smoothie" containing echinacea also was targeted. Echinacea can cause allergic reactions, including asthma attacks, and may counteract the effects of drugs that suppress the immune system.

Zawel said, "The `food police’ are once again muddying the regulatory waters and are seeking to confuse consumers over the rules governing functional foods and dietary supplements. CSPI is frankly engaging in over-the-top dietary Puritanism in its call for product bans. The FDA already has sufficient authority to take enforcement action against products it deems to be unsafe. Mainstream food companies fully support the high standard that all claims be scientifically substantiated, truthful and not misleading and that all products be safe."

Connecticut Attorney General Richard Blumenthal also appeared at the CSPI news conference. "Consumers are often deceived by false claims," he said. "They are not told that many claims are not supported by valid scientific evidence. We need more vigorous FDA enforcement of current laws on label claims. In addition, I’m recommending that state attorneys general make functional foods a top consumer-protection initiative."