FDA Proposes Limits for Arsenic in Apple Juice
On July 12, 2013, the U.S. Food and Drug Administration (“FDA”) proposed a limit for arsenic in apple juice. The FDA’s proposal comes nearly two years after concerns about the juice were first raised during a segment of “The Dr. Oz Show.”
The new proposed standard for arsenic, a carcinogen, is 10 parts per billion (“ppb”). The Environmental Protection Agency has already established an arsenic limit for tap water, but this arsenic limit for apple juice is the first such federal standard proposed for a food product.
Since Dr. Oz brought the issue to light, consumer groups have called for a federal limit on arsenic in apple juice to be established. Testing published by Consumer Reports shows that a 10 percent of apple juices exceed the 10 ppb standard set for arsenic in tap water.
The FDA has monitored apple juice for arsenic for the past two decades and the overall levels have been low. The most recent testing performed by the FDA has shown that, of 94 samples tested, 95% were below the 10 ppb of total arsenic and 100% were below 10 ppb for inorganic arsenic.
The 10 ppb standard specifically targets inorganic arsenic, which is generally found in agricultural insecticides and herbicides. Organic arsenic occurs naturally in dirt and soil and passes through the body quickly without harm.
The FDA plans to take the 10 ppb level into account when considering enforcement actions against apple juice manufacturers or suppliers. However, the FDA does not have any current plans to increase testing beyond the normal sampling already being performed. If a juice is found to exceed the 10 ppb level, it can be removed from the market and companies involved may face legal action.
Consumers Union, the publisher of Consumer Reports, previously recommended a limit of 3 ppb for arsenic in apple juice; however, the group still praised the FDA’s proposed action level.
The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.