Category Archives: FDA

Growing Number of Retailers Seeking Sales Growth with CBD Products

cbd_diagram

This is a revised version of an article originally published here on June 13.

America’s largest traditional supermarket chain has crawled onto the CBD oil bandwagon, announcing this week that it will begin selling CBD products. These are items based on cannabidiol, a non-intoxicating portion of the hemp plant – best known as the source of marijuana. Kroger, whose store count is exceeded only by Walmart, plans to offer such cannabidiol products as lotions, creams, and oils in 945 of its 2,764 stores before the end of June, according to a company news release.

Supermarket News said the CBD products will be carried at stores in Kroger’s Atlanta, Cincinnati, Columbus, Michigan, Central, Louisville, Delta, Nashville, Mid-Atlantic, Roundy’s (Mariano’s and Pick ‘n Save), Dillons, King Soopers, Fry’s, Fred Meyer, QFC and Smith’s divisions.

Last month, The New York Post said it had learned that top executives at major chains such as Walmart and Target have been quietly meeting with makers of such CBD products as drinks, gummy bears, topical creams and oils. There are a surprising variety of products available that are infused with cannabidiol, or CBD, all of which have proven popular with the target market.

supermarket_interior-2

While Walmart has not announced any plans to sell any CBD products in store, it has for some time quietly been selling – for delivery, not store pickup – “hemp oil,” another non-intoxicating derivative of the hemp plant.

Motley Fool Lists Nine Retailers Adding CBD Products To Shelves

Motley Fool article dated June 3, 2019, cited nine retailers now (or about to be) selling CBD products.

They include health and wellness retailers – CVS Health, Walgreens Boot Alliance, and Rite Aid – who collectively dominate the pharmacy sector outside of supermarkets.

The Fool said CVS Health plans to carry select CBD products — topicals — in roughly 800 of its stores, spanning eight states in March. Just days later, Walgreens Boots Alliance’s declared nearly 1,500 of its US stores would also offer CBD products. Most recently, Rite Aid joined the party, announcing plans to carry CBD products in two states (Washington and Oregon).

Considering that front-end sales for CVS Health, Walgreens, and Rite Aid tend to have very low margins, the introduction of CBD products may slightly boost margins, or at the very least improve foot traffic into their stores.

Beauty retailer Ulta Beauty is a fourth brand-name retailer carrying CBD products. In mid-March, Ulta announced plans to carry five skin-care products from Cannuka that blend CBD with manuka, a type of honey that’s sourced from bees that pollinate Manuka trees. Ulta is currently able to sell these skin-care focused CBD products in all but three states (Nebraska, South Dakota, and Idaho) where CBD laws remain very strict.

gnc

The Fool said a fifth major wellness retailer where a consumer can pick up CBD products is GNC Holdings, which recently began selling a variety of CBD-infused topical creams of varying strengths. Known for supplying everything from performance supplements to health and beauty products, GNC’s entrance into the CBD product space was a logical move designed to appeal to the full spectrum of its customer base.

In addition to brand-name health and wellness retailers, four major apparel, accessory, and general retailers are now offering CBD products for sale. Among them are Designer Brands, Urban Outfitters, and Simon Property Group. The latter doesn’t directly sell CBD products, but as the largest mall operator in America, it is directly responsible for approving or denying what stores go into its malls. Recently, Simon Property Group and Green Growth Brands came to an agreement that allows Green Growth to open 108 shops in Simon’s malls this year to sell products containing CBD.

Let The Buyer Beware

Meanwhile, Healthline.com issued a warning that a product based on a hemp derivative, and its label may give the impression their benefits are broad-based, as CBD products are said to be, but consumers need to be careful what they buy.

That website noted recently that, “it’s easy for a brand to add hempseed oil to a product, adorn it with marijuana leaves, and highlight the word cannabis to make consumers think they’re receiving a CBD product that contains no actual CBD at all.”

Continuing, the Healthline author said: “So how can you tell what you’re purchasing? It’s pretty simple actually, check the ingredient list…

“Hemp seed oil will be listed as cannabis sativa seed oil. CBD will be listed as cannabidiol, full-spectrum hemp, hemp oil, PCR (phytocannabinoid rich) or PCR hemp extracts.”

The product Walmart sells is described as “Cold-Pressed, Unrefined Hemp Oil from non-GMO, Sustainably Farmed Canadian Hemp. 24 ounces.”

The CBD Products Market Is “The Wild West,” U. Penn Professor Says

Similarly, Dennis Thompson, a HealthDay reporter at WebMB.com, noted last month that, “CBD is being produced without any regulation, resulting in products that vary widely in quality,” citing Marcel Bonn-Miller, an adjunct assistant professor of psychology in psychiatry at the University of Pennsylvania School of Medicine.

“It really is the Wild West,” Bonn-Miller said. “Joe Bob who starts up a CBD company could say whatever the hell he wants on a label and sell it to people.”

There are two factors drawing supermarkets to add high-margin CBD products to their product mix. First, because right now, they offer uncommonly high margins. Secondly, they are viewed by an increasing number of consumers as a prescription-free way of obtaining a pain reliever. Their present high margins are likely to lessen as competition heats up. And while some may find oil or capsules containing oil offer some relief from pain, that could become a painful subject for retailers if the government, via the FDA, decides to require cannabidiol to be tested and meet efficacy standards.

It remains to be seen how the market will shake out in coming years, as more states are certain to join the list of those already allowing sales of marijuana in addition to the non-intoxicating CBD product lines.

Say ‘Best If Used By,’ FDA Urges Food Folks

Egg_Expiration_Dates_53658-780x520

An example of a confusing date label: The ‘Sell by’ date on egg cartons can, the USDA says, by up to 30 days after the eggs were packed. When properly stored, though, the eggs will still be edible — but not as tasty — for several weeks beyond the ‘sell by’ date. (Source: USDA)

The US public has been vocally concerned for years about the over-abundance of ways food packers advise when, in their opinion, a product ‘expires’. After much consideration – stretching over more than a decade – the FDA (Food and Drug Administration) has made a recommendation. In a May 23 letter to the industry, the agency encouraged all consumer-facing companies to focus on one phrase: “Best If Used By”.

Confusion over the meaning of that and the likes of ‘Use By’ and ‘sell By’ to describe quality dates resulted in “less than half” of consumers surveyed in 2007 to determine or distinguish between those phrases, the letter noted. And that, in part, the agency declared, significantly contributed to the wasting of “approximately 133 billion pounds of food worth $161 billion each year.”

It is hoped by the FDA’s Economic Research Service that if the industry standardizes on the recommended phrase, a sizable share of that waste – 30% of food moving through the system – will end up where it’s intended to be: In stomachs rather than landfills.

Signed by Frank Yiannas, FDA’s Deputy Commissioner of Food Policy and Response, the letter is said to reflect the positions of a number of industry groups, including the Grocery Manufacturers Association and the Food Marketing Institute. Those groups are expected to encourage their members to follow the FDA’s suggestion so that, “over time, the number of various date labels will be reduced as industry aligns on this ‘Best if Used By’ terminology,” Yiannis wrote. He declared that, “This change is already being adopted by many food producers.”

Food Dive noted that the agency didn’t explain why it wasn’t taking a position on “use by” product date labels, which GMA and FMI support. That term applies to “perishable products that should be consumed by the date on the package and discarded after that date,” FDA’s letter said. It may be the agency doesn’t want to support a term that prompts consumers to discard food when it’s trying to reduce waste.

Industry response to the FDA’s letter has been positive so far. Food Marketing Institute President and CEO Leslie Sarasin said in a statement the group’s members appreciate FDA’s acknowledgement of industry’s desire to reduce consumer confusion with this label.

“The agency’s endorsement signals a best practice in ways industry partners can truly deliver on a promise to provide guidance to our customers that is easier to understand,” she said.

A survey by GMA and FMI released in December found 85% of U.S. consumers thought simplified date labels would be helpful, so this latest move could push more companies to use the “Best if used by” phrase.

Geoff Freeman, president and CEO of the Grocery Manufacturers Association, said in a statement emailed to Food Dive that FDA’s support of the standardized phrase shows the CPG (consumer packaged goods) industry is working to help consumers make more informed purchasing decisions. GMA and the Food Marketing Institute came together with 25 companies in 2017 to find a way to reduce consumer confusion that led to unintended food waste, he said.

“Our solution was a streamlined approach to date labeling that has been recognized by USDA and now FDA as a smart approach and an important step in alleviating confusion and reducing food waste,” Freeman said in the statement.

While standardized use of the “best if used by” phrase on food products could begin to cut down on food waste, FDA supports additional consumer education by industry, government and non-government groups about what quality-based date labels mean and how to use them. Such ongoing efforts will likely be important to make sure “Best If Used By” continues to stand for something and that food waste declines as a result.

(Some produce packers further confuse the issue by use of “packed by” or “harvested on” dates. It can be argued that, to a great degree, those suggest consumers use common sense and their eyes to determine the freshness of an item.)

 

 

 

What’s In A Name? Trouble, Where “Fructose” Is Concerned

fructose_artThe following information is not confirmed, as of June 5, 2017, on an FDA website. The information below was provided by a company that offers nutritional supplements. Take the advice with a grain of salt – but no more than that, because excess salt is as serious a problem as is too much sugar!

I’m just writing to tip you off that the FDA is currently allowing food manufacturers to rename high-fructose corn syrup on ingredient labels.
And the big food companies are THRILLED about this. After all, this toxic ingredient has taken a beating in the press lately for being so unhealthy.
In fact, it got to the point where having high-fructose corn syrup” on ingredient lists was hurting sales.
That’s why the powerful food industry pushed for a new name… and as usual, they got their way.
The new name is simply “fructose” or “fructose syrup.”
Now, if you’ve read my blog on sugar, you already know fructose is one of the most dangerous things for your body. It skyrockets your risk for diabetes, heart disease, and liver disease.
And yet… food manufacturers put it in nearly everything. After all, it’s sweet and addictive — and it makes you eat more of their food.
Most people don’t know this, though. They know high-fructose corn syrup is bad. And some even know sugar is bad, too. But they don’t know it’s all because of the fructose.
And this name change is tricking many people into thinking dangerous, body-damaging food is okay.
That’s why I want you to be on the lookout for your enemy’s new name on ingredient labels:
The new name for high-fructose corn syrup is simply “fructose” or “fructose syrup.”
Make sure to spread the word to your friends and family, too.

Yes, do that. And for your own good, become a serious label reader, particularly if you are diabetic or, like me, a chronic kidney disease (CKD) sufferer. If you are dietarily sensitive to salt, potassium or something else, get religious about controlling your intake. It’s not hard to do, if you’re careful.

 

42 States Getting $21.8 million To Implement Food Safety Rule

fda_logo

The U.S. Food and Drug Administration is awarding a total of $21.8 million to help 42 states implement the FDA Food Safety Modernization Act (FSMA) produce safety rule. The rule, which the FDA finalized in November 2015, establishes science-based minimum standards for the safe growing, harvesting, packing and holding of fruits and vegetables grown for human consumption.

“As efforts for a nationally integrated food safety system advance, this funding will play a vital role in establishing programs at the state level to educate growers and provide technical assistance to ensure high rates of compliance with the produce safety rule,” said Melinda Plaisier, associate commissioner for regulatory affairs at the FDA.

In March 2016, the FDA announced the funding opportunity, which was available to all states and U.S. territories, to begin the planning for and development of a state produce safety program.

The cooperative agreement between the FDA and the states provides awardees with the resources to formulate a multi-year plan to implement a produce safety system, develop and provide education, outreach and technical assistance, and develop programs to address the specific and unique needs of the growers in their farming communities.

State agencies are important because they have a better understanding and knowledge of the specific growing and harvesting practices in their areas and many have long standing relationships with produce growers and produce associations.

States and territories were classified into five tiers of funding eligibility based on the estimated number of farms growing covered produce within their jurisdictions. The funding opportunity is for five years, subject to the availability of funding from Congress. Further information on state awardees can be found here.

“The states were key partners to the FDA as FSMA’s produce safety provisions were being developed. [Friday’s] funding announcement demonstrates the FDA’s commitment to keep working closely with the states as we begin to implement the provisions,” said Dr. Stephen Ostroff, deputy commissioner for foods and veterinary medicine at the FDA. “A robust federal-state partnership in produce safety will help protect American consumers from food-borne illness and benefit public health.”

Larger farms will need to comply with certain aspects of the produce safety rule requirements beginning in January 2018, with smaller produce operations having additional time to comply. The FDA intends to continue to work with growers to ensure that they understand the provisions and expectations for their implementation.

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency is also responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

FDA Encouraging Sharp Cut in Salt In Packaged, Restaurant Foods

salt-hiddensource

The U.S. Food and Drug Administration (FDA) this past week issued “long-awaited proposed guidelines targeting packaged foods and restaurant meals that contain the bulk of American’s daily sodium intake,” a voluntary approach that is part of the Obama administration’s ongoing effort “to push the food industry toward reducing the amount of ingredients such as sugar and some fats in an effort to improve consumer health and reduce medical costs,” the Wall Street Journal reported.
The story says that “the FDA wants to cut individual daily salt intake to 2,300 milligrams over the next decade from a current average of about 3,400 milligrams. It is targeting 150 categories of food, including soups, deli meats, bakery products, snacks and pizza, and officials said consumers have struggled to reduce their intake because most of it is added before it reaches the table … The voluntary salt targets are to be phased-in. The rules as currently proposed give manufacturers two years to begin cutting sodium levels in products, and up to 10 years to make further cuts. The longer time period is intended to recognize the time it takes to develop new foods products, the FDA said.”
According to the Journal, “The Grocery Manufacturers Association, a trade group, estimated that it would take six to 18 months and cost $500,000 to $700,000 to reformulate a product with less salt to meet the guidelines, assuming alternatives were available.”
Meanwhile, in a related story, the Gothamist reports that a New York State appeals court has lifted an injunction that prevented the New York City Board of Health from enforcing a sodium labeling law.
The story says that beginning next Monday (June 6), “any chain restaurant in New York City that operates 15 or more locations in the United States is subject to the law, which requires them to mark dishes that exceed the Board’s recommendation for daily sodium intake with an icon of a salt shaker inside a triangular warning sign.”

salt_shaker

Unfortunately, the food industry has brought the need for such guidelines on itself, by so substantially – and unnecessarily – boosting the sodium content of countless products in the name of either taste-enhancing or improving shelf (and pantry) life.

I happen to be uncommonly sensitive to salt in food. I do nearly all the cooking in my house, and only very rarely do I add any salt to anything. And there are a great many places (including nearly every fast food chain) that I refuse to patronize because of their salt use practices.

Among other things, too much salt in one’s food can contribute to high blood pressure, water retention and, not by chance, weight gain.

In reporting on the new FDA proposed guidelines, The New York Times noted that Americans eat almost 50 percent more sodium than what most experts recommend. Regarding its link to high pressure, “a major risk factor for heart disease and stroke,” The Times quoted the FDA as saying “one in three Americans have high blood pressure; For African-Americans, it is one in two.”

The FDA said Americans eat about 3,400 milligrams of sodium a day, well above the 2,300 recommended. According to the CDC (Centers for Disease Control), a decrease in sodium intake by as little as 400 milligrams a day could prevent 32,000 heart attacks and 20,000 strokes annually.

While there has been some scientific controversy over how much to reduce sodium, scientists at the FDA said the health advantages are beyond dispute.