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							Contents 
							
							
							
							
							FDA Approves First Use Of 
						Viruses As A 'Food Additive' 
							
							
							
							Nanotech Food Ten 
						TimesScarier Than GM Food
							
							
							
							FDA Told To Watch Nanotech 
						Products For Risks 
							
							
							
							First Nano-Based Food 
						Industry Products Quietly Enters Market
							
							
							
							Open Letter To FDA: Stop 
						Putting Nanoparticles In Food
							
							
							
							FDA Is Non 'Nano-Ready'
							
							
							
							Nanotechnology Risks Unknown 
			  
			  
			  
			  
			
 
 
 
 
 
 
 
 
 
 
 Agency Approves First Use of Viruses as a Food Additive
 by THE ASSOCIATED PRESS
 Published: August 19, 2006
 
 
			WASHINGTON, Aug. 18 (AP) ? A mix of bacteria-killing viruses may be 
			sprayed on cold cuts, wieners and sausages to combat common microbes 
			that kill hundreds of people a year, federal health officials ruled 
			Friday.
 The ruling, by the Food and Drug Administration, is the first 
			approval of viruses as a food additive, said Andrew Zajac of the 
			Office of Food Additive Safety at the agency.
			Treatments that use bacteriophages to attack harmful bacteria have 
			been a part of folk medicine for hundreds of years in India and for 
			decades in the former Soviet Union.
 
 The approved mix of six viruses is intended to be sprayed onto 
			ready-to-eat meat and poultry products, including sliced ham and 
			turkey, said John Vazzana, the president and chief executive of 
			Intralytix, which developed the additive.
 
 The viruses, called bacteriophages, are meant to kill strains of the 
			Listeria monocytogenes bacterium, the food agency said.
			The bacterium can cause a serious infection called listeriosis, 
			primarily in pregnant women, newborns and adults with weakened 
			immune systems. In the United States, an estimated 2,500 people 
			become seriously ill with listeriosis each year, according to the 
			federal Centers for Disease Control and Prevention. Of those, 500 
			die.
 
 Luncheon meats are particularly vulnerable to Listeria because after 
			they are bought they are typically not cooked or reheated, which can 
			kill harmful bacteria like Listeria, Mr. Zajac said.
 
 The preparation of bacteriophages - the name is from the Greek for 
			'bacteria eater' - attacks only strains of the Listeria bacterium 
			and not human or plant cells, the food agency said.
 
				
				"As long as it used in accordance with the regulations, we have 
			concluded it's safe," Mr. Zajac said. 
			People normally come into contact with 
			bacteriophages through food, 
			water and the environment, and they are found in our digestive 
			tracts, the agency said.
 Consumers will not be aware which meat and poultry products have 
			been treated with the spray, Mr. Zajac said. The Department of 
			Agriculture will regulate the actual use of the product.
 
 The viruses are grown in a preparation of the very bacteria they 
			kill, and then purified. The food agency had concerns that the virus 
			preparation could contain toxic residues from the bacteria, but 
			testing did not reveal residues, which in small quantities are not 
			likely to cause health problems anyway, the agency said.
 
				
				"The F.D.A. is applying one of the toughest food-safety standards 
			which they have to find this is safe," said Caroline Smith DeWaal, 
			director of food safety for the Center for Science in the Public 
			Interest, a consumer advocacy group. "They couldn't approve this 
				product if they had questions about its safety." 
			Intralytix, based in Baltimore, first petitioned the food agency in 
			2002 to allow the viruses to be used as an additive. It has since 
			licensed the product to a multinational company, which intends to 
			market it worldwide, Mr. Vazzana said.
 Back to Contents
 
 
 
			
			
 
 
			
			
			Nanotech Food is Ten Times 
			Scarier Than Genetically EngineeredEngineering Food at Level of Molecules
 by Barnaby J. Feder
 The New York Times, Oct 10, 2006
 Straight to the Source
 
 What if the candy maker Mars could come up with an additive to the 
			coating of its M&M's and Skittles that would keep them fresher 
			longer and inhibit melting? Or if scientists at Unilever could 
			shrink the fat particles (and thereby the calories) in premium ice 
			cream without sacrificing its taste and feel?
 
 
			  
			
			Tastes Like Nanotechnology
 
			 These ideas are still laboratory dreams. The common thread in these 
			research projects and in product development at many other food 
			companies is nanotechnology, the name for a growing number of 
			techniques for manipulating matter in dimensions as small as single 
			molecules.
 
 Food companies remain wary of pushing the technology - which is 
			named for the nanometer, or a billionth of a meter - too far and too 
			fast for safety-conscious consumers. But they are tantalized by 
			nanotechnology's capacity to create valuable and sometimes novel 
			forms of everyday substances, like food ingredients and packaging 
			materials, simply by reducing them to sizes that once seemed 
			unimaginable.
 
 Most of the hoopla and a lot of the promise for nanotechnology lies 
			in other industries, including electronics, energy and medicine. But 
			the first generation of nanotechnology-based food industry products, 
			including synthetic food colorings, frying oil preservatives and 
			packaging coated with antimicrobial agents, has quietly entered the 
			market.
 
 The commercial uses of the technology now add up to a $410 million 
			sliver of the $3 trillion global food market, according to 
			Cientifica, a British market research firm that specializes in 
			nanotechnology coverage. Cientifica forecasts that nanotechnology's 
			share will grow to $5.8 billion by 2012, as other uses for it are 
			developed.
 
 Mindful of the adverse reaction from some consumers over the 
			introduction of genetically engineered crops, the food industry 
			hopes regulators will come up with supportive guidelines that will 
			also allay consumers' fears. That has put a spotlight on the Food 
			and Drug Administration's first public hearing today on how it 
			should regulate nanotechnology, with a portion of the agenda 
			specifically about food and food additives. No policy changes are 
			expected this year.
 
				
				"To their credit, the F.D.A. is trying to get a handle on what's out 
			there," said Michael K. Hansen, senior scientist at Consumers Union, 
			one of 30 groups that have signed up to speak at the meeting. 
			But coping with nanotechnology will be a daunting challenge for the 
			agency, according to a report last week by a former senior F.D.A. 
			official, whose analysis was sponsored by the Pew Charitable Trusts 
			and the Woodrow Wilson International Center for Scholars, a 
			Washington policy group. Michael R. Taylor, a former deputy 
			commissioner for policy at the agency, said the F.D.A. lacked the 
			resources and, in the case of cosmetics, dietary supplements and 
			food, the full legal authority needed to protect consumers and also 
			foster innovation.
 Industry representatives and analysts are worried that 
			nanotechnology will suffer the same fate as genetic engineering, 
			which was quickly embraced as a breakthrough for drug makers but has 
			been fiercely opposed, especially in Europe, when used in crops, 
			fish and livestock.
 
 Many of the same groups fighting genetic engineering in agriculture 
			have been arguing for regulators to clamp down on nanotechnology, in 
			general, and its use in food and cosmetics, in particular, until 
			more safety testing has been completed.
 
				
				"I'm amazed at how far it's gone already," said 
				Ronnie Cummins, 
			director of the Organic Consumers [Association], an advocate for 
			organic products based in Finland, Minn. "Compared to 
			nanotechnology, I think the threat of genetic engineering is tame." 
			So far, there have been no confirmed reports of public health or 
			environmental problems related to nanotechnology. But troubling 
			laboratory tests suggest some nanoscale particles may pose novel 
			health risks by, for instance, slipping easily past barriers to the 
			brain that keep larger particles out. Thus, the same attributes that 
			could make the technology valuable for delivering drugs could also 
			make it hazardous.
 More important, everyone agrees that there have been few rigorous 
			studies of the actual behavior of the newly engineered nanoscale 
			materials in humans and the environment. Those that have been 
			completed fall far short of duplicating the range of conditions the
			nanoparticles would encounter in general commerce. And few 
			laboratory studies have focused on the fate of particles that are 
			eaten rather than inhaled or injected.
 
				
				"Lack of evidence of harm should not be a proxy for reasonable 
			certainty of safety," the Consumers Union said in testimony 
			submitted to the F.D.A. for today's meeting. The language was 
			carefully chosen.    
				"Reasonable certainty of safety" is what food 
			companies must demonstrate to the F.D.A. before they can introduce a 
			new food additive. 
			The Consumers Union and some other groups are suggesting that the 
			agency automatically classify all new nanoscale food ingredients, 
			including those now classified as safe in larger sizes, as new 
			additives. And they want the same standards extended to cover food 
			supplement companies, some of which have been marketing traditional 
			herbal and mineral therapies in what they say are new nanoscale 
			forms that increase their effectiveness. Some are also calling for 
			mandatory labeling of products with synthetic nanoscale ingredients, 
			no matter how small the quantity.
 F.D.A. officials said last week that treating every new 
			nanotechnology product that consumers swallow as a food additive 
			might compromise the agency's mandate to foster innovation and might 
			not be within its authority. Such a move would also be hobbled by 
			the lack of agreement on safety testing standards for the wide range 
			of nanoscale innovations in the pipeline. In addition, the agency 
			lacks the staff to handle that scale of oversight.
 
				
				"That would be a sea change for us," said 
				Laura Tarantino, director 
			of the F.D.A.'s Office of Food Additive Safety. 
			Simply defining nanotechnology may also be a hurdle. BASF has been 
			widely considered a pioneer for products like its synthetic lycopene, 
			an additive that substitutes for the natural lycopene extracted from 
			tomatoes and other fruits. Lycopene, widely used as a food coloring, 
			is increasingly valued for its reported heart and anticancer 
			benefits. But BASF's particles average 200 to 400 nanometers in 
			diameter, about the same as the natural pigment, and well above the 
			100-nanometer threshold that many experts consider true 
			nanotechnology.
 Unilever has never disclosed the dimensions of its shrunken fat 
			particles. Trevor Gorin, a Unilever spokesman in Britain, said in an 
			e-mail message that reports about the project have been misleading.
 
 Given the uncertainty about the risks of consuming new nano 
			products, many analysts expect near-term investment to focus on 
			novel food processing and packaging technology. That is the niche 
			targeted by Sunny Oh, whose start-up company, OilFresh, based in 
			Sunnyvale, Calif., is marketing a novel device to keep frying oil 
			fresh. OilFresh grinds zeolite, a mineral, into tiny beads averaging 
			20 nanometers across and coats them with an undisclosed material. 
			Packed into a shelf inside the fryer, the beads interfere with 
			chemical processes that break down the oil or form hydrocarbon 
			clusters, Mr. Oh says. As a result, restaurants can use oil longer 
			and transfer heat to food at lower temperatures, although they still 
			need traditional filters to remove food waste from the oil.
 
 Mr. Oh said OilFresh will move beyond restaurants into food 
			processing by the end of the month, when it delivers a 1,000-ton 
			version of the device to a "midsized potato chip company" that he 
			said did not want to be identified.
 
 The desire to avoid controversy has made even the largest food 
			companies, like Kraft Foods, leery about discussing their interest 
			in nanotechnology. Kraft, the second-largest food processor after 
			Nestle, was considered the industry's nanotechnology pacesetter in 
			2000. That is when it announced the founding of an international 
			alliance of academic researchers and experts at government labs to 
			pursue basic research in nanotechnology sponsored by Kraft.
 
 The Nanotek Consortium, as Kraft called the group, produced a number 
			of patents for the company, but Kraft pulled back from its 
			high-profile connection with nanotechnology two years ago. Manuel 
			Marquez, the research chemist Kraft appointed to organize the 
			consortium, moved to Philip Morris USA, a sister subsidiary of 
			Altria that now sponsors the consortium under a new name - the 
			Interdisciplinary Network of Emerging Science and Technologies.
 
 Kraft still sends researchers to industry conferences to make what 
			it calls "generic" presentations about the potential uses of 
			nanotechnology in the food industry. But the company declines to 
			specify its use of or plans for the technology.
 
 F.D.A. officials say companies like Kraft are voluntarily but 
			privately providing them with information about their activities. 
			But many independent analysts say the level of disclosure to date 
			falls far short of what will be needed to create public confidence.
 
				
				"Most of the information is in companies and very little is 
			published," said Jennifer Kuzma, an associate director of the Center 
			for Science, Technology, and Public Policy at the University of 
			Minnesota, who has been tracking reports of nanotechnology use in 
			food and agriculture.  
			
			Back to Contents
 
 
 
			
			
 U.S. FDA Told to Watch Nanotech Products for Risks
 by Lisa Richwine
 
			ReutersOctober 11, 2006
 
			  
			
			BETHESDA, Md.
 
			
			The growing number of cosmetics, drugs other 
			products made using nanotechnology need more attention from U.S. 
			regulators to make sure they are safe for humans and the planet, 
			consumer and environmental groups told a government hearing Tuesday.
			
 Nanotechnology is the design and use of particles as small as 
			one-billionth of a meter. A human hair, by contrast, is about 80,000 
			nanometers across. 
			Materials at nano-size can have completely different properties from 
			larger versions, such as unusual strength or the ability to conduct 
			electricity.
 
 Witnesses at a meeting called by the U.S. Food and Drug 
			Administration agreed nanotechnology holds promise for a vast range 
			of products, including new medicines to treat diseases or delivery 
			systems to get drugs to body parts now hard to reach.
 
 But some complained that dozens of cosmetics and a handful of drugs 
			made with nanomaterials already have made it to the market while 
			regulators have done little to track their use or safety.
 
				
				"Unfortunately, so far the U.S. government has acted as a 
			cheerleader, not a regulator, in addressing the nanotech revolution. 
			Health and environmental effects have taken a back seat," said Kathy 
			Jo Wetter of ETC Group, an organization that tracks the impact of 
			new technologies.  
			The FDA has treated products made with nanotechnology the same way 
			it handles others. For drugs with nanomaterials, that means 
			companies must provide evidence of safety and effectiveness before 
			they reach the market. But cosmetics, foods and dietary supplements 
			are not subject to FDA oversight before they are sold -- with or 
			without nanoparticles. 
 While no harm has been documented, concerns have arisen that the 
			tiny particles are unpredictable and could have unforeseen impacts 
			in the human body or in the environment.
 
 As they called for close FDA oversight, many experts said they felt 
			the agency was ill-equipped to regulate the new technology in the 
			midst of other responsibilities.
 
				
				"New nano-enabled drugs and medical devices ... place burdens on an 
			oversight agency that is already stretched extremely thin," said 
			David Rejeski, director of the Project on Emerging Nanotechnologies, 
			a group aimed at helping society anticipate and manage effects of 
			nanotechnology.  
			The FDA has created an internal task force on nanotechnology, and 
			officials said they called the meeting to learn what scientific 
			issues the agency should address. 
 The task force is due to report to the commissioner in nine months, 
			said Dr. Randall Lutter, FDA's associate commissioner for policy and 
			planning.
 
				
				"It's not only the risks, it's also looking at the potential. 
			There's a lot of opportunity... to bring great things to patients," 
			he said at the meeting.  
			Industry groups and some other experts urged the agency not to 
			overreact.  
				
				"The key is to manage the risk while achieving the maximum benefit 
			from these materials. It would be wrong for us to over-regulate," 
			said Martin Philbert of the University of Michigan School of Public 
			Health.  
			
			Back to Contents
 
 
 
 
			
			Engineering Food at Level of Molecules
 
			
			The New York Times 
			October 10, 2006 
			  
			  
			 
			At the BASF Beverage Lab in Ludwigshafen, Germany, Andreas Hasse, 
			left, and Clemes Sambale  
			assess drinks that were made with synthetic 
			beta-carotene, a nanoparticle used to add color and health benefits.
			
 
			  
			What if the candy maker Mars could come up with an additive to the 
			coating of its M&M’s and Skittles that would keep them fresher 
			longer and inhibit melting? Or if scientists at Unilever could 
			shrink the fat particles (and thereby the calories) in premium ice 
			cream without sacrificing its taste and feel? 
 These ideas are still laboratory dreams. The common thread in these 
			research projects and in product development at many other food 
			companies is nanotechnology, the name for a growing number of 
			techniques for manipulating matter in dimensions as small as single 
			molecules.
 
 Food companies remain wary of pushing the technology — which is 
			named for the nanometer, or a billionth of a meter — too far and too 
			fast for safety-conscious consumers. But they are tantalized by 
			nanotechnology’s capacity to create valuable and sometimes novel 
			forms of everyday substances, like food ingredients and packaging 
			materials, simply by reducing them to sizes that once seemed 
			unimaginable.
 
 Most of the hoopla and a lot of the promise for nanotechnology lies 
			in other industries, including electronics, energy and medicine. But 
			the first generation of nanotechnology-based food industry products, 
			including synthetic food colorings, frying oil preservatives and 
			packaging coated with antimicrobial agents, has quietly entered the 
			market.
 
 The commercial uses of the technology now add up to a $410 million 
			sliver of the $3 trillion global food market, according to 
			Cientifica, a British market research firm that specializes in 
			nanotechnology coverage. Cientifica forecasts that nanotechnology’s 
			share will grow to $5.8 billion by 2012, as other uses for it are 
			developed.
 
 Mindful of the adverse reaction from some consumers over the 
			introduction of genetically engineered crops, the food industry 
			hopes regulators will come up with supportive guidelines that will 
			also allay consumers’ fears. That has put a spotlight on the Food 
			and Drug Administration’s first public hearing today on how it 
			should regulate nanotechnology, with a portion of the agenda 
			specifically about food and food additives. No policy changes are 
			expected this year.
 
				
				“To their credit, the F.D.A. is trying to get a handle on what’s out 
			there,” said Michael K. Hansen, senior scientist at Consumers Union, 
			one of 30 groups that have signed up to speak at the meeting. 
			But coping with nanotechnology will be a daunting challenge for the 
			agency, according to a report last week by a former senior F.D.A. 
			official, whose analysis was sponsored by the Pew Charitable Trusts 
			and the Woodrow Wilson International Center for Scholars, a 
			Washington policy group.  
			  
			Michael R. Taylor, a former deputy 
			commissioner for policy at the agency, said the F.D.A. lacked the 
			resources and, in the case of cosmetics, dietary supplements and 
			food, the full legal authority needed to protect consumers and also 
			foster innovation.
 Industry representatives and analysts are worried that 
			nanotechnology will suffer the same fate as genetic engineering, 
			which was quickly embraced as a breakthrough for drug makers but has 
			been fiercely opposed, especially in Europe, when used in crops, 
			fish and livestock.
 
 Many of the same groups fighting genetic engineering in agriculture 
			have been arguing for regulators to clamp down on nanotechnology, in 
			general, and its use in food and cosmetics, in particular, until 
			more safety testing has been completed.
 
				
				“I’m amazed at how far it’s gone already,” said Ronnie Cummins, 
			director of the Organic Consumers Group, an advocate for organic 
			products based in Finland, Minn. “Compared to nanotechnology, I 
			think the threat of genetic engineering is tame.” 
			So far, there have been no confirmed reports of public health or 
			environmental problems related to nanotechnology.  
			  
			But troubling 
			laboratory tests suggest some nanoscale particles may pose novel 
			health risks by, for instance, slipping easily past barriers to the 
			brain that keep larger particles out. Thus, the same attributes that 
			could make the technology valuable for delivering drugs could also 
			make it hazardous.
 More important, everyone agrees that there have been few rigorous 
			studies of the actual behavior of the newly engineered nanoscale 
			materials in humans and the environment. Those that have been 
			completed fall far short of duplicating the range of conditions the nanoparticles would encounter in general commerce. And few 
			laboratory studies have focused on the fate of particles that are 
			eaten rather than inhaled or injected.
 
				
				“Lack of evidence of harm should not be a proxy for reasonable 
			certainty of safety,” the Consumers Union said in testimony 
			submitted to the F.D.A. for today’s meeting. The language was 
			carefully chosen.    
				“Reasonable certainty of safety” is what food 
			companies must demonstrate to the F.D.A. before they can introduce a 
			new food additive.  
			The Consumers Union and some other groups are suggesting that the 
			agency automatically classify all new nanoscale food ingredients, 
			including those now classified as safe in larger sizes, as new 
			additives.  
			  
			And they want the same standards extended to cover food 
			supplement companies, some of which have been marketing traditional 
			herbal and mineral therapies in what they say are new nanoscale 
			forms that increase their effectiveness. Some are also calling for 
			mandatory labeling of products with synthetic nanoscale ingredients, 
			no matter how small the quantity.
 F.D.A. officials said last week that treating every new 
			nanotechnology product that consumers swallow as a food additive 
			might compromise the agency’s mandate to foster innovation and might 
			not be within its authority. Such a move would also be hobbled by 
			the lack of agreement on safety testing standards for the wide range 
			of nanoscale innovations in the pipeline.
 
			  
			In addition, the agency 
			lacks the staff to handle that scale of oversight. 
				
				“That would be a sea change for us,” said 
				Laura Tarantino, director 
			of the F.D.A.’s Office of Food Additive Safety. 
			Simply defining nanotechnology may also be a hurdle.  
			  
			BASF has been 
			widely considered a pioneer for products like its synthetic lycopene, 
			an additive that substitutes for the natural lycopene extracted from 
			tomatoes and other fruits. Lycopene, widely used as a food coloring, 
			is increasingly valued for its reported heart and anticancer 
			benefits. But BASF’s particles average 200 to 400 nanometers in 
			diameter, about the same as the natural pigment, and well above the 
			100-nanometer threshold that many experts consider true 
			nanotechnology.
 Unilever has never disclosed the dimensions of its shrunken fat 
			particles. Trevor Gorin, a Unilever spokesman in Britain, said in an 
			e-mail message that reports about the project have been misleading.
 
 Given the uncertainty about the risks of consuming new nano 
			products, many analysts expect near-term investment to focus on 
			novel food processing and packaging technology. That is the niche 
			targeted by Sunny Oh, whose start-up company, OilFresh, based in 
			Sunnyvale, Calif., is marketing a novel device to keep frying oil 
			fresh.
 
			  
			OilFresh grinds zeolite, a mineral, into tiny beads averaging 
			20 nanometers across and coats them with an undisclosed material. 
			Packed into a shelf inside the fryer, the beads interfere with 
			chemical processes that break down the oil or form hydrocarbon 
			clusters, Mr. Oh says. As a result, restaurants can use oil longer 
			and transfer heat to food at lower temperatures, although they still 
			need traditional filters to remove food waste from the oil. 
 Mr. Oh said OilFresh will move beyond restaurants into food 
			processing by the end of the month, when it delivers a 1,000-ton 
			version of the device to a “midsized potato chip company” that he 
			said did not want to be identified.
 
 The desire to avoid controversy has made even the largest food 
			companies, like Kraft Foods, leery about discussing their interest 
			in nanotechnology. Kraft, the second-largest food processor after 
			Nestlé, was considered the industry’s nanotechnology pacesetter in 
			2000. That is when it announced the founding of an international 
			alliance of academic researchers and experts at government labs to 
			pursue basic research in nanotechnology sponsored by Kraft.
 
 The Nanotek Consortium, as Kraft called the group, produced a number 
			of patents for the company, but Kraft pulled back from its 
			high-profile connection with nanotechnology two years ago. Manuel 
			Marquez, the research chemist Kraft appointed to organize the 
			consortium, moved to Philip Morris USA, a sister subsidiary of 
			Altria that now sponsors the consortium under a new name — the 
			Interdisciplinary Network of Emerging Science and Technologies.
 
 Kraft still sends researchers to industry conferences to make what 
			it calls “generic” presentations about the potential uses of 
			nanotechnology in the food industry. But the company declines to 
			specify its use of or plans for the technology.
 
 F.D.A. officials say companies like Kraft are voluntarily but 
			privately providing them with information about their activities. 
			But many independent analysts say the level of disclosure to date 
			falls far short of what will be needed to create public confidence.
 
				
				“Most of the information is in companies and very little is 
			published,” said Jennifer Kuzma, an associate director of the Center 
			for Science, Technology, and Public Policy at the University of 
			Minnesota, who has been tracking reports of nanotechnology use in 
			food and agriculture.  
			
			Back to Contents
 
 
 
			
			
 Open Letter to the FDA to Stop Corporations
 
			
			...from Lacing Foods, Body 
			Care Products, & Supplements with Dangerous Nanoparticlesby Ronnie Cummins
 
			National Director 
			 Organic Consumers Association
 
			Sept 23, 2006 
				
				Acting FDA Commissioner Andrew C. Von Eschenbach
				Division of Dockets Management (HFA-305)
 Food and Drug Administration
 5630 Fishers Lane, Room 1061
 Rockville, MD 20852
 
 Dear Commissioner Von Eschenbach,
 
 I write to express my serious concerns about the FDA's regulatory 
			oversight of nanomaterials in consumer products. Many consumer 
			products containing engineered nanomaterials are already available 
			on U.S. market shelves, including food and food packaging products.
 
 Millions of dollars are being spent by government and industry to 
			apply nanotechnology in areas of food processing, food packaging, 
			and agricultural production. Current nano-food products on the 
			market include a canola oil, a chocolate "slim" shake, a nano-bread, 
			and several nano-food additives and supplements used in soft drinks, 
			lemonades, fruit juices, and margarines. Many food packaging 
			products use nano-composites, nano-clays, and nano-coatings.
 
				  
				In 
			addition, if industry observers are correct, hundreds of more new 
			food and agriculture products are under development and many could 
			be on the market in as few as two years. By 2010 the nano-food 
			market will be $20 billion. Many of the world's leading food 
			companies - including H.J. Heinz, Nestle, Hershey, Unilever, and 
			Kraft - are investing heavily in nanotechnology applications.
 Scientists have found that the fundamental properties of matter can 
			change at the nano-scale, creating physical and chemical properties 
			distinct from those of the same material in bulk form. We know that 
			the new properties of nanomaterials create new risks, like enhanced 
			toxicity. Studies have raised numerous red flags, and many types of 
			nanoparticles have proven to be toxic to human tissue and cells.
 
 Nanoparticles can gain assess to the blood stream following 
			ingestion. Once inside the body, the super-tiny size of these 
			materials gives them unprecedented mobility and access to the human 
			body; they can access cells, tissues, and organs that larger 
			particles cannot. The length of time that nanoparticles remain in 
			organs and what dose may cause harmful effects remains unknown.
 
 It does not appear that FDA is ready for this wave of nano-food 
			products. I am very concerned about the rapid introduction of these 
			potentially hazardous nanomaterials into our bodies and into our 
			environment without adequate scientific study to ensure that we 
			understand their risks and can prevent harm occurring to people and 
			the environment. The FDA's failure to undertake or review new 
			testing of these nanomaterials despite these known and foreseeable 
			dangers suggests the agency's review process is not acting to ensure 
			consumer health and safety.
 
 For these reasons, I strongly request that FDA use its upcoming 
			Public Meeting and its new Nanotechnology Task Force to discuss the 
			human health and environmental risks presented by nanomaterials in 
			consumer products, including food and food packaging products. FDA 
			should act quickly to shore up its regulation of these substances to 
			account for their fundamentally different properties and their 
			associated dangers, including require new nano-specific testing and 
			the labeling of all nanomaterial products, including nano-food 
			products.
 
 Currently, FDA's reliance on manufacturers' assurances of safety 
			make me and my family into guinea pigs. FDA must instead 
			independently review all testing and assess the safety of these 
			products as well as force manufacturers to label their nanomaterial 
			products. Only with labeling can I make educated decisions about 
			what I buy and put in and on my body. Until such actions are taken, 
			I fully support a moratorium on the manufacture of nanomaterial 
			consumer products and the recall of products currently on the 
			market.
 
 Ronnie Cummins
 National Director
 Organic Consumers Association
 Finland, Minnesota 55603
 
			
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 FDA not 'nano-ready', says report
 by Clarisse Douaud
 10/5/2006
 
			  
			A former FDA deputy commissioner for policy has 
			denounced the agency's capacity to properly regulate nanotechnology 
			products including supplements, a criticism that could inflame 
			debate leading up to the agency's first major public meeting on the 
			atomic technology.
 In a report commissioned by the Woodrow Wilson Center's project on 
			emerging nanotechnologies, University of Maryland School of Medicine 
			professor Michael Taylor concluded the US Food & Drug 
			Administration's resource base is severely eroded. This is despite 
			what appears to be a recent nanotechnology policy kick-start at the 
			FDA.
 
			The report reveals regulatory weaknesses affecting new products, 
			such as certain dietary supplements and cosmetics, using the 
			technology. Critics say questions over nanotechnology safety have 
			not been answered and the FDA is not in a position to effectively 
			police it.
 
				
				"Unless the FDA addresses potential nanotechnology risks now, public 
			confidence in a host of valuable nanotechnology-based products could 
			be undermined," wrote Taylor, who was deputy commissioner for policy 
			at the Food and Drug Administration from 1991 to 1994 and currently 
			conducts research on policy, resource, and institutional issues 
			affecting public health agencies. 
			Nanotechnology is the ability to control things at an atomic and 
			molecular scale of between one and 100 nanometers and has been met 
			with enthusiasm across a variety of industries. Critics highlight 
			the murky area of how nanoparticles affect toxicity and say the 
			particles should be treated as new, potentially harmful materials 
			and tested for safety accordingly. 
				
				"There are important gaps in FDA's legal authority that hamper its 
			ability to understand and manage nanotechnology's potential risks," 
			wrote Taylor. "This is particularly true in the area of cosmetics 
			and dietary supplements, and in the oversight of products after they 
			reach the marketplace." 
			Unlike pharmaceuticals, which must go through a series of pre-market 
			approvals, finished dietary supplements need no pre-market approval. 
			Under the Dietary Supplement Health and Education Act (DSHEA), which 
			is part of the Food and Cosmetics Act, only ingredients not marketed 
			in the US before October 1994 must be approved by FDA before use in 
			consumer products.
 Thus, as it stands, pre-market regulation of nanotechnology in 
			dietary supplements does not fall under FDA's regulatory umbrella, 
			nor - according to Taylor - can it fit into the agency's budget.
 
 But Taylor points out in the report that the FDA is restricted in 
			what it can do due to a dire lack of funding under the current 
			administration. In order to continue activities mandated in 1996, 
			FDA's 2006 budget would have to increase by 49 percent, according to 
			Taylor, and under President Bush's 2007 FDA budget this funding gap 
			will grow to 56 percent.
 
				
				"But FDA's lack of 'nano-readiness' is about more than dollars," 
			said Taylor. 
 "Business and health leaders alike should join in ensuring that FDA 
			has the scientific tools and knowledge it needs to say 'yes' to safe 
			and effective new products," said Taylor.
 
			The market stands to benefit from nanotechnology and therefore also 
			stands to lose a lot, according to Taylor, if it is not thoroughly 
			regulated.
 In 2005, nanotechnology was incorporated into more than $30bn in 
			manufactured goods, according to Lux Research, almost double the 
			previous year. The market analyst projects that by 2014, 15 percent 
			of all global manufactured goods will incorporate nanotechnology.
 
 The Washington, DC-based Woodrow Wilson International Center for 
			Scholars initiated its project on emerging nanotechnologies in 2005 
			with the aim of helping business, government and the public manage 
			possible implications of the technology.
 
 FDA's nanotechnology public meeting will take place October 10, 2006 
			in Bethesda, Maryland.
 
 According to FDA, the purpose of the meeting is to help the agency 
			in its understanding of developments in nanotechnology materials 
			relating to FDA-regulated products.
 
				
				"FDA is interested in learning about the kinds of new nanotechnology 
			material products under development in the areas of foods (including 
			dietary supplements), food and color additives, animal feeds, 
			cosmetics, drugs and biologics, and medical devices…" states an 
			online FDA notice for the upcoming meeting.  
			
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			Nanotechnology Risks Unknown
 Insufficient Attention Paid to Potential Dangers, Report Says
 by Rick Weiss
 Washington Post Staff Writer
 Tuesday, September 26, 2006; Page A12
 
 The United States is the world leader in nanotechnology -- the newly 
			blossoming science of making incredibly small materials and devices 
			-- but is not paying enough attention to the environmental, health 
			and safety risks posed by nanoscale products, says a report released 
			yesterday by the independent National Research Council.
 
 If federal officials, business leaders and others do not devise a 
			plan to fill the gaps in their knowledge of nanotech safety, the 
			report warns, the field's great promise could evaporate in a cloud 
			of public mistrust.
 
				
				"There is some evidence that engineered nanoparticles can have 
			adverse effects on the health of laboratory animals," the 
			congressionally mandated report said, echoing concerns raised by 
			others at a House hearing last week. Until the risks are better 
			understood, "it is prudent to employ some precautionary measures to 
			protect the health and safety of workers, the public, and the 
			environment." 
			The 176-page report, "A Matter of Size," was prepared under the 
			auspices of the National Academies, chartered to advise Congress on 
			matters of science. It focuses on the National Nanotechnology 
			Initiative, which coordinates and prioritizes federal research in 
			nanotechnology -- the fledgling but potentially revolutionary 
			science that deals with materials as small as a billionth of a 
			meter.
 At that size, even conventional substances behave in unconventional 
			ways. Some materials that do not conduct electricity or are fragile, 
			for example, are excellent conductors and are extremely strong when 
			made small enough. But nanoparticles can also enter human cells and 
			trigger chemical reactions in soil, interfering with biological and 
			ecological processes.
 
 The report concludes that the U.S. research effort is vibrant and 
			almost certainly the strongest in the world, though a few other 
			countries are close behind. Among the more important unmet needs, it 
			says, is stronger collaboration with the departments of Education 
			and Labor to boost the supply of scientists and technicians with the 
			skills the sector needs.
 
 The report's concerns about the lack of a federal focus on nanotech 
			health and safety were foreshadowed at a House Science Committee 
			hearing Thursday at which Republicans and Democrats alike took the 
			Bush administration to task over the lack of a plan to learn more 
			about nanotech's risks.
 
 Committee Chairman Sherwood L. Boehlert (R-N.Y.) accused the 
			administration of "sauntering" toward solutions "at a time when a 
			sense of urgency is required."
 
 Ranking Democrat Bart Gordon (Tenn.) went further, calling the 
			administration's latest summary of nanotech research needs, released 
			at the hearing, "a very juvenile piece of work."
 
 Andrew Maynard, chief science adviser for the Project on Emerging 
			Nanotechnologies, funded in part by the Smithsonian Institution, 
			said the government is spending about $11 million a year on 
			nanotechnology's potential harms when industry and environmental 
			groups have jointly called for at least $50 million to $100 million 
			a year.
			Equally important, Maynard said, is the need for a coordinated 
			strategy to spend that money wisely.
 
 About 300 consumer products already contain nanoscale ingredients, 
			Maynard said, including several foods and many cosmetics, with 
			little or no research to document their safety.
 
 The industry is expected to be worth about $2 trillion by 2014.
 
 Norris Alderson, associate commissioner for science at the Food and 
			Drug Administration and chairman of the working group that created 
			the administration's summary research plan presented to Congress 
			last week, said the document -- which was supposed to be delivered 
			six months ago -- was meant as "a first step."
			Asked by Boehlert if he understood that much more is expected of him 
			and his working group, Alderson responded:
 
				
				"I think your message is 
			loud and clear." 
			
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