[Federal Register: October 5, 2001 (Volume 66, Number 194)]
[Rules and Regulations]
[Page 50824-50826]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc01-5]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 101
[Docket Nos. 00P-1275 and 00P-1276]
Food Labeling: Health Claims; Plant Sterol/Stanol Esters and
Coronary Heart Disease
AGENCY: Food and Drug Administration, HHS.
ACTION: Interim final rule; reopening of comment period.
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[[Page 50825]]
SUMMARY: The Food and Drug Administration (FDA) is reopening for 45
days the comment period for the interim final rule authorizing a health
claim on the association between plant sterol/stanol esters and reduced
risk of coronary heart disease (CHD). This interim final rule appeared
in the Federal Register of September 8, 2000 (65 FR 54686). Interested
persons were given until November 22, 2000, to comment on the health
claim. After the comment period closed, FDA received two requests to
reopen the comment period; therefore, this reopening is in response to
these requests.
DATES: Submit written or electronic comments by November 19, 2001.
ADDRESSES: Submit written comments to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. Submit electronic comments to http://www.fda.gov/
dockets/ecomments.
FOR FURTHER INFORMATION CONTACT: James Hoadley, Center for Food Safety
and Applied Nutrition (HFS-832), Food and Drug Administration, 200 C
St. SW., Washington, DC 20204, 202-205-5429.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of September 8, 2000 (65 FR 54686), FDA
published an interim final rule authorizing the use, on food labels and
in food labeling, of a health claim on the relationship between plant
sterol/stanol esters and reduced risk of CHD (the interim final rule).
In the interim final rule, FDA specified requirements for a health
claim about the relationship, including types of food eligible to bear
the claim, sources and nature of the plant sterol/stanol esters that
are the subjects of the claim, daily intakes of these substances needed
to reduce the risk of CHD, and analytical methods for assessing
compliance with qualifying criteria for the claim. The 75-day comment
period closed on November 22, 2000.
After the comment period closed, FDA received comments from two
companies, Unilever United States, Inc., and Raisio Benecol Ltd., which
included requests for an extension of the comment period. Both comments
requested more time for submission of data comparing the daily intake
levels of plant sterol esters and plant stanol esters that are
effective in reducing the risk of CHD. Because FDA cannot extend a
comment period that has closed, the agency considers these as requests
to reopen the comment period.
Among the other comments received in response to the interim final
rule were requests to expand the types of substances eligible for the
health claim to include unesterified plant sterols/stanols and mixtures
of plant sterols and plant stanols. We also received a comment
advocating the use of serum apolipoprotein B level as a surrogate
measure of CHD risk.
Furthermore, in the past year, both the European Commission (EC)
and the Australia New Zealand Food Standards Council (ANZFSC) have
taken regulatory actions limiting food use of plant sterol esters and
requiring advisory labeling statements on foods to which plant sterol
esters have been added. Also, a recent publication from the American
Heart Association (AHA) (Ref. 1) raised a concern about daily ingestion
of plant sterol/stanol ester-containing foods among certain individuals
who have abnormally high absorption of plant sterols.
FDA believes that the issues raised by comments and recent events
are significant and that thorough evaluation is needed before a final
rule is issued. Accordingly, the agency is reopening the comment period
for this rulemaking. Given the very tight timeframes that are
established by the health claim provisions of the statute, however (see
section 403(r)(4)(A)(i) of the Federal Food, Drug, and Cosmetic Act
(the act) (21 U.S.C. 343(r)(4)(A)(i))), as well as the agency's
interest in ensuring that scientifically valid claims are authorized as
quickly as possible, the agency cautions that only on rare occasions
might FDA be in a position to reopen the comment period in a health
claim rulemaking. In this case, we believe that reopening the comment
period to obtain public input on the new issues is important to help us
make more informed decisions in the final rule. Although the statutory
deadline for this final rule has passed, FDA intends to move as
expeditiously as possible to complete this rulemaking.
II. Issues on Which FDA Is Requesting Comment
A. Eligibility of Unesterified Plant Sterols and Plant Stanols for the
Health Claim
In the interim final rule, FDA did not include unesterified plant
sterols and plant stanols in the definition of substances eligible for
the health claim. Several comments requested that the agency allow
foods containing the unesterified form of these substances to bear the
health claim. While some of the data in support of the interim final
rule were from studies involving unesterified plant sterols or plant
stanols, the agency requests submission of any additional data on the
effectiveness, particularly at lower intake levels, of the unesterified
forms in reducing the risk of CHD. FDA also requests data on the
effects of various food matrices on the relationship of unesterified
plant sterols/stanols and CHD risk.
B. Daily Intake Levels Necessary to Reduce the Risk of CHD
In the interim final rule, FDA required health claims for plant
sterol/stanol esters to specify the daily intake necessary to reduce
the risk of CHD. The agency set different daily intake levels for plant
sterol esters and plant stanol esters (1.3 grams/day (g/d) and 3.4 g/d,
respectively), based on studies that showed differences in the levels
of intake that were effective in reducing low-density lipoprotein (LDL)
and blood total cholesterol levels. Many comments argued that one of
the daily intake levels should be changed; several comments argued that
the daily intake levels for plant sterol esters and plant stanol esters
should be the same. FDA requests further comment on these issues,
including supporting data on the daily intake levels of plant sterols
and plant stanols (in either esterified or unesterified form) that are
effective in reducing the risk of CHD.
C. Eligibility of Mixtures of Plant Sterols and Plant Stanols for the
Health Claim
In the interim final rule, FDA authorized separate health claims
for plant sterol esters and plant stanol esters. One comment requested
that FDA include mixtures of plant sterols and stanols in the
definition of substances eligible to bear the health claim. FDA
requests data on the daily intake levels of mixtures of plant sterol
esters and plant stanol esters (or mixtures of the unesterified forms)
that are effective in lowering CHD risk. If plant sterols and plant
stanols (in either esterified or unesterified form) are not equally
beneficial at the same levels of intake in reducing CHD risk (as
evidenced by validated surrogate markers), FDA also requests data on
the relative amounts of plant sterols and plant stanols (in either
esterified or unesterified form) in the mixtures that should qualify a
food to bear the health claim.
D. Significance of Apolipoprotein B Concentration as a Surrogate Marker
for CHD Risk
One comment seeking a lower daily effective intake level for plant
stanol esters, argued that plasma apolipoprotein B level is a reliable
marker of LDL cholesterol that can be measured precisely and directly,
in
[[Page 50826]]
contrast to serum LDL cholesterol level, which usually is determined
indirectly by calculation. The comment further argued that plasma
apolipoprotein B level is a reliable marker in evaluating the risk of
cardiovascular disease. These comments were discussed in relation to
the study by Hallikainen et al. (Ref. 2). In the Hallikainen et al.
study, the lowest intake of plant stanol esters that reduced serum LDL
cholesterol was greater than the intake that reduced serum
apolipoprotein B. Thus, the comment asserted these results support a
lower daily effective intake level for plant stanol esters than that
established in the interim final rule.
FDA requests comment on use of serum apolipoprotein B as a
validated surrogate marker for CHD and on the relative utilities of
apolipoprotein B and LDL cholesterol in predicting CHD risk.
E. Issues Regarding Safe Use of Plant Sterol/Stanol Esters in Foods and
Advisory Label Statements
Since the issuance of the plant sterol/stanol esters interim final
rule, FDA has become aware of pertinent regulations from other
countries. The EC issued a regulation that requires the label of foods
to which plant sterol esters have been added to include certain
statements (Ref. 3). Such statements include: (1) The product is for
people who want to lower their blood cholesterol levels; (2) patients
on cholesterol lowering medication should consume the product only
under medical supervision; (3) the product may not be appropriate
nutritionally for certain segments of the population (pregnant and
breast-feeding women, and children under the age of 5 years); and (4)
the product should be used as part of a healthy diet, including regular
consumption of fruit and vegetables. The EC explained that statements
(3) and (4) were necessary to protect populations at risk (people whose
vitamin A status was not optimal) since these products may cause a
reduction in plasma beta-carotene (Ref. 3).
The ANZFSC adopted the standard, recommended by the Australia New
Zealand Food Authority (Ref. 4), that plant sterol esters should be
allowed for use only in edible oil spreads, and that the product must
carry an advisory label statement. The advisory label statement informs
consumers that plant sterol ester-enriched edible oil spreads are not
appropriate for infants, children and pregnant and lactating women, and
that people using cholesterol-reducing medication should seek medical
advice before using the spreads.
The AHA (Ref. 1) recently published a statement for healthcare
professionals on foods containing plant sterol/stanol esters. One of
the issues that the AHA raised concerned individuals who have unusually
high intestinal absorption of plant sterols. Plant sterols are poorly
absorbed by the human intestine, but individuals who are homozygous for
a rare genetic disease, sitosterolemia (also known as phytosterolemia),
are high absorbers of plant sterols, resulting in tendon and
subcutaneous xanthomas (skin lipid deposits). It is not known if
individuals heterozygous for this condition absorb higher amounts of
plant sterols than the normal population or if this would lead to
adverse effects. In the absence of more data on the genetic mutation
involved in sitosterolemia, the AHA recommends that individuals with
this condition not use foods containing plant sterols/stanols.
Section 201(n) of the the act (21 U.S.C. 321(n)) states that, in
determining whether labeling is misleading, the agency shall take into
account not only representations made about the product, but also the
extent to which the labeling fails to reveal facts material in light of
such representations or material with respect to consequences that may
result from use of the product. The omission of material facts from the
labeling of a food causes the product to be misbranded within the
meaning of sections 201(n) and 403(a)(1) of the act. FDA may require
disclosure of material facts in labeling by rulemaking or by direct
enforcement action (see 21 CFR 1.21).
In light of the issues raised by recent regulatory actions of other
countries and by the AHA statement (i.e., whether foods containing
plant sterol esters should be used under medical supervision, the
appropriateness of consumption of such foods by some subpopulation
groups, negative effect of such foods on plasma beta-carotene, and
concerns about potential hyper-absorption of plant sterols by some
individuals), FDA is considering whether changes to the health claim
regulation (Sec. 101.83 (21 CFR 101.83)), advisory labeling, or other
actions are needed to ensure the safe use of plant sterols and stanols
(esterified or unesterified) in foods. The agency requests comment on
whether the concerns summarized above are material facts and what
action, if any, the agency should take to address them. Depending on
the comments received and FDA's own evaluation of relevant data, the
agency may consider issuing a proposal to amend Sec. 101.83 or
initiating a separate rulemaking, as appropriate.
III. Comments
Interested persons may submit to the Dockets Management Branch
(address above) written or electronic comments by November 19, 2001.
Two copies of any comments are to be submitted, except that individuals
may submit one copy. Comments are to be identified with the docket
number found in brackets in the heading of this document. The interim
final rule and received comments may be seen in the Dockets Management
Branch between 9 a.m. and 4 p.m., Monday through Friday. Submit
electronic comments to http://www.fda.gov/dockets/ecomments.
IV. References
The following references have been placed on display in the Dockets
Management Branch (address above) and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday through Friday.
1. Lichtenstein, A. H. and R. J. Deckelbaum for the American
Heart Association Nutrition Committee, ``Stanol/Sterol Ester-
Containing Foods and Blood Cholesterol Levels. A Statement for
Healthcare Professionals From the Nutrition Committee of the Council
on Nutrition, Physical Activity, and Metabolism of the American
Heart Association,'' Circulation, vol. 103, pp. 1177-1179, 2001.
2. Hallikainen, M. A., E. S. Sarkkinen, and M. I. J. Uusitupa,
``Plant Stanol Esters Affect Serum Cholesterol Concentrations of
Hypercholesterolemic Men and Women in a Dose-Dependent Manner,''
Journal of Nutrition, vol. 130, pp. 767-776, 2000.
3. Commission Decision of July 24, 2000, on ``Authorizing the
Placing on the Market of `Yellow Fat Spreads with Added Phytosterol
Esters' as a Novel Food Ingredient under Regulation (EC) No 258/97
of the European Parliament and of the Council,'' Official Journal L
200, August 8, 2000, pp. 0059-0060.
4. Australia New Zealand Food Authority (ANZFA), Food Standard
Ministers Approve Plant Sterol Esters as a Novel Food Ingredient in
Edible Oil Spreads, ANZFA Media Release, June 1, 2001, available at
www.anzfa.gov.au.
Dated: September 28, 2001.
Margaret M. Dotzel,
Associate Commissioner for Policy.
[FR Doc. 01-25106 Filed 10-2-01; 5:03 pm]
BILLING CODE 4160-01-S