On March 11, Senomyx issued a statement announcing, "Sweetmyx flavor ingredient, previously referred to as S617, has been determined to be Generally Recognized As Safe (GRAS) under the provisions of the Federal Food, Drug and Cosmetic Act, administered by the United States Food and Drug Administration (FDA)." Shortly after the announcement, news outlets reported that Sweetmyx had been determined safe by the FDA. A Reuters headline read, "FDA says Senomyx sweetener enhancer safe" while a subhead by the financial news outlet Barron's declared, "The biotech received a nod from the FDA for the sweetener Sweetmyx." Subsequently, the value of Senomyx stock shares jumped as high as 26 percent on the day before closing up 17 percent. So what's the problem? The FDA Does Not Determine "Generally Recognized As Safe" Status.
The FDA issued a statement the day after Senomyx's announcement, underlining the fact that the agency had not made the GRAS determination and even going so far as to chide Senomyx. "When making a GRAS self-determination, companies should not state or imply that the FDA has made a GRAS determination on their food ingredients," the agency said. Whether or not the wording of Senomyx's announcement was purposefully misleading, the situation did highlight serious confusion over how GRAS determinations are made and what it means for food ingredients to be labeled "safe." The GRAS Process For new ingredients (or by legal terms, "substances") to be added to food, companies must comply with the Federal Food, Drug, and Cosmetic Act of 1938. Food Safety News points out that under the law, "Substances are added to food either as food additives or as GRAS. The difference between the two paths is significant: FDA must sign off on food additives, but companies can use GRAS substances without FDA approval. Notably, companies make their own GRAS determinations, which they may or may not voluntarily submit to FDA for review."
V.H.POTTY
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