September 9, 2011
Ms. Barbara Simon
Producer, The Dr. Oz Show
Mr. Terence Noonan
Supervising Producer, The Dr. Oz Show
VIA EMAIL and FAX
The U.S. Food and Drug Administration (FDA) is aware that EMSL Analytical, Inc. has obtained and tested 50 samples of retail apple juice for total arsenic content on behalf of Zoco Productions. It is our understanding that, based on these test results, you will assert during an upcoming episode of The Dr. Oz Show that apple juice is unsafe because of the amounts of total arsenic found in the samples.
We appreciate that you have made the results of these tests available to us. As we have previously advised you, the results from total arsenic tests CANNOT be used to determine whether a food is unsafe because of its arsenic content. We have explained to you that arsenic occurs naturally in many foods in both inorganic and organic forms and that only the inorganic forms of arsenic are toxic, depending on the amount. We have advised you that the test for total arsenic DOES NOT distinguish inorganic arsenic from organic arsenic.
The FDA has been aware of the potential for elevated levels of arsenic in fruit juices for many years and has been testing fruit juices for arsenic and other elemental contaminants as part of FDA’s toxic elements in foods program. The FDA typically tests juice samples for total arsenic first, because this test is rapid, accurate and cost effective. When total arsenic testing shows that a fruit juice sample has total arsenic in an amount greater than 23 parts per billion (ppb), we re-test the sample for its inorganic arsenic content. The vast majority of samples we have tested for total arsenic have less than 23 ppb. We consider the test results for inorganic arsenic on a case-by-case basis and take regulatory action as appropriate.
The analytical method for inorganic arsenic is much more complicated than the method for total arsenic. You can find the method that FDA uses to test for inorganic arsenic at this web address:
The FDA believes that it would be irresponsible and misleading for The Dr. Oz Show to suggest that apple juice contains unsafe amounts of arsenic based solely on tests for total arsenic. Should The Dr. Oz Show choose to suggest that apple juice is unsafe because of the amounts of total arsenic found by EMSL Analytical, Inc.’s testing, the FDA will post this letter on its website.
Don L. Zink, Ph.D.
Senior Science Advisor
U.S. Food and Administration
Center for Food Safety and Applied Nutrition