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Pending FDA Policy on Genetically Engineered Foods under Fire
In Wake of Regulatory Breakdown over Kraft Taco Shells

Biotechnology Industry Promotes No-Testing Policy on Genetically Engineered Foods

Washington, DC – Genetically Engineered Food Alert, the coalition of consumer and environmental groups that campaigned for removal from the market of taco shells with genetically engineered ingredients not approved for human consumption, today said that proposed new policies on genetically engineered foods won’t protect consumers from potential health impacts.

Last week’s recall of taco shells distributed by Kraft under the Taco Bell name underscores the need for stronger government regulation over genetically engineered foods. While these genetically engineered ingredients continue to enter the market, the Food and Drug Administration (FDA) refuses to mandate pre-market safety testing of genetically engineered ingredients or labeling for consumers’ right to know.

On May 3, 2000, FDA announced new regulations on genetically engineered foods. These initiatives, as proposed, would do very little to change the current system. Under these rules, biotech companies will not have to label a single product as genetically engineered, and safety testing will be not be mandatory.

“This proposed policy means the FDA will not require any mandatory testing on genetically engineered food,” said Andrew Kimbrell, executive director of the Center for Food Safety. “Under it, American consumers will still be the guinea pigs testing the safety of these foods. Voluntary labeling means consumers won’t see any labels out of this, and won’t have a right to choose.”

In independent testing released to the public on September 18, Genetically Engineered Food Alert found a sample of the taco shells contained a form of genetically engineered corn not approved for direct human consumption. The corn, approved for use only in animal feed, was found in Taco Bell taco shells sold in supermarkets, and distributed by Kraft. In a press release, Kraft estimates that approximately 2.5 million to 2.9 million boxes of the taco shells have been affected by the recall.

“It’s alarming how slowly FDA has addressed this incident after this major recall,” said Philip Clapp, president of National Environmental Trust. “This is a case study that proves FDA’s policy is meaningless. And as it stands now, FDA’s industry-backed proposed policy still will not protect consumers.”

Consultation Is Not Testing
Under the proposed policy, FDA will not require mandatory pre-market safety testing of genetically engineered foods, but rather engage in “consultations” with food producers. While consultations are mandatory, safety testing is still voluntary.

“Mandatory consultations” have no legal meaning. To ensure safety, the alteration of food involved in genetic engineering – the addition of new genes, bacterial vectors, viral promoters, and anti-biotic marker systems – should go through the rigorous safety and toxicological tests required of all “food additives.” Rules should include new testing for such things as unknown allergens, novel toxins and changes in nutritional content. To date, the FDA has refused to require this food additive testing for genetically engineered foods.

Voluntary Labeling Means that Consumers will be Deprived of the Right to Choose
The FDA’s new policy also rejects the mandatory labeling of genetically engineered foods. Instead the agency has created a “GE Free” voluntary labeling scheme which violates the right of the American consumer to know which foods have been genetically engineered.

“Under the new FDA policy not a single producer of genetically engineered foods will have to reveal that their product is genetically engineered,” said Kimbrell.

FDA’s new voluntary labeling idea would punish those not using the technology by putting the burden on them to certify, test and label their foods as “GE Free.” Many companies will not want to undergo the considerable time, expense and liability of testing, certifying and labeling their foods as “GE Free.” As a result, consumers will not be informed which foods have been genetically engineered and which have not.

“FDA’s new voluntary labeling policy serves the interests of a few biotechnology companies at the expense of the rest of the food industry and millions of consumers,” said Clapp.

Petition for Real Safety Rules Ignored by FDA
On March 21, 2000, the Center for Food Safety and 50 other environmental and consumer safety groups filed a legal petition with the FDA demanding the development of a thorough pre-market and environmental testing regime and mandatory labeling for genetically engineered foods. The petition provided FDA with a blueprint for developing a mandatory pre-market safety regime based upon the legal requirements of the Food Additive petition process.

The petition specifies what steps must be taken to ensure public confidence in the FDA’s authority over genetically engineered foods, including specific tests for allergenicity, toxicity, and unintended effects, and institution of mandatory labeling for genetically engineered foods.

“FDA has failed its legal responsibility to comment on the petition within a standard 180-day period,” said Kimbrell. “If these policies proposed by us had been instated, the recall would never have occurred.”

Wide Support for New Regulations
Most Americans support labeling: a poll conducted last year for Time magazine and CNN showed that 81 percent want “genetically engineered foods labeled as such.” Biotech companies have conducted their own polling, with similar results. In September 1999, public relations firm BSMG Worldwide conducted polling for the Grocery Manufacturers of America. They found that 92 percent of Americans support legal requirements that all genetically engineered foods be labeled. Despite this, GMA is actively lobbying on Capitol Hill to oppose mandatory labeling requirements.

About GE Food Alert and GEFoodAlert.Org
Genetically Engineered Food Alert founding members include: Center for Food Safety, Friends of the Earth, Institute for Agriculture and Trade Policy, National Environmental Trust, Organic Consumers Association, Pesticide Action Network North America, and the State Public Interest Research Groups.

Genetically Engineered Food Alert, a coalition of health, consumer and environmental groups, supports the removal of genetically engineered ingredients from grocery store shelves unless they are adequately safety tested and labeled. The campaign provides web-based opportunities for individuals to express concern about genetically engineered food and fact sheets on health, environmental and economic information about genetically engineered food. The campaign is endorsed by more than 250 scientists, religious leaders, doctors, chefs, environmental and health leaders, as well as farm groups.