Food manufacturers have three-years to eliminate PHOs


Posted June 17, 2015

The U.S. Food and Drug Administration (FDA) finalized its determination that partially hydrogenated oils (PHOs) are not “generally recognized as safe” or GRAS for use in human food. CNN also published an article available here and USA Today here.

“The FDA’s action on this major source of artificial trans fat demonstrates the agency’s commitment to the heart health of all Americans," said FDA's Acting Commissioner Stephen Ostroff, M.D. "This action is expected to reduce coronary heart disease and prevent thousands of fatal heart attacks every year.”

In 2013, the FDA had made a tentative determination that trans fats were no longer safe. After years of public comment and scientific review, this is the final step in the process, according to CNN.

Manufacturers have been required to list trans fat content on their labels since 2006, and there has been a significant decrease in the amount of trans fat in American foods.

The FDA estimates trans fat consumption declined about 78% between 2003 and 2012 after the labeling went into effect. That's when many companies reduced trans fat content from their products, or at least some of it. The law still allowed companies to list products as "trans fat free" even if they had 0.5 grams of fat, which should change with the current ruling.

The FDA estimates the cost of the transition to food manufacturers will be $12 billion to $14 billion. They will have to pay to research and test new ingredients plus reprint labels and repackage products, which could cost up to $200,000 per product, said Roger Clemens, a pharmacology professor at University of Southern California, according to USA Today.

"It's not a cheap endeavor," he says. "The flaky texture of a croissant, of a pie crust are really expectations. [It] takes a lot of food science to understand the chemistry of those interactions so you can duplicate it without compromising the product."

The FDA has set a compliance period of three years. This will allow companies to either reformulate products without PHOs and/or petition the FDA to permit specific uses of PHOs. Following the compliance period, no PHOs can be added to human food unless they are approved by the FDA, according to the FDA.

For more information on food labeling, please visit the National Agricultural Law Center’s website here.