At first it appeared the villain of the piece with the launch of its Alert Energy Caffeine Gum, which prompted an FDA review of caffeine in foods. However, Wrigley was subsequently praised by the regulator for showing “leadership” when it halted production. So far, however, no other food companies have shown that level of support for the FDA’s move. Ben Cooper reports.
The US Food and Drug Administration’s (FDA) announcement of a review of the use of caffeine in food has been met with what might be described as diametrically opposite responses from two prominent food companies with products under scrutiny.
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While Mars Inc-owned Wrigley opted to halt production of its Alert Energy Caffeine Gum, the recent launch of which was the ultimate catalyst for FDA action, PepsiCo resolutely made no such gesture over its Cracker Jack’D Power Bites products.
Indeed, yesterday (15 May) saw the launch of a national campaign for Frito-Lay’s Cracker Jack’D, which began appearing on the market earlier in the year. Two products in the range, Cracker Jack’D Power Bites Cocoa Java and Cracker Jack’D Power Bites Vanilla Mocha, contain caffeine.
Initially, Wrigley said it had taken “great strides” to ensure its product was “formulated, distributed and marketed in a safe and responsible way to consumers 25 years old and over”. It had “exceeded all regulatory requirements on labelling and disclosure”, as consumers “should be informed about the amount of caffeine they are consuming in their food and beverage products so they can make smart choices”.
However, with the FDA announcing its review on the very day Wrigley launched the new gum, the company soon opted for tactical withdrawal.
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By GlobalDataIn a statement on 8 May, Casey Keller, president for Wrigley North America, said: “After discussions with the FDA, we have a greater appreciation for its concern about the proliferation of caffeine in the nation’s food supply. There is a need for changes in the regulatory framework to better guide the consumers and the industry about the appropriate level and use of caffeinated products. In an effort to support this process, and out of respect for the FDA, we have paused the production, sales and marketing of Alert. This will give the FDA time to develop a new regulatory framework for the addition of caffeine to food and drinks.”
When asked by just-food whether it thought other companies marketing foods containing caffeine should take similar steps, Wrigley declined to make any further comment.
PepsiCo confirmed yesterday that it had no plans to withdraw the two Power Bites products. A spokesperson for Frito-Lay said they were “niche SKUs” within the nine-product Cracker Jack’D range, which is targeted at adults, principally adult males.
Placing the emphasis on “coffee” rather caffeine as an ingredient, he said the products had been included in response to consumer demand. “How we get our flavour ideas comes from consumer insights. We know our target consumers enjoy coffee and so we’ve included ground coffee as an ingredient in two of the SKUs.” According to the company, each pack contains around two tablespoons of coffee, equivalent to an 8oz cup.
He also stressed the company had “worked really hard” to ensure the products were differentiated from snacks targeted at children. “We have worked really hard to make sure that the packaging was distinct [and] that all of the marketing efforts are distinct,” the spokesperson told just-food. He could not confirm if PepsiCo had had any dialogue with the FDA over the products.
Wrigley’s pragmatic and supportive response to the forthright position taken by the FDA appeared vindicated by the positive reaction it drew from the regulator.
FDA Deputy Commissioner for Foods and Veterinary Medicine Michael Taylor said: “The FDA applauds Wrigley’s decision and its recognition that we need to improve understanding and, as needed, strengthen the regulatory framework governing the appropriate levels and uses of caffeine in foods and beverages. The company’s action demonstrates real leadership and commitment to the public health.”
Amid that glowing praise was veiled criticism for companies which had not taken such positive steps. “We hope others in the food industry will exercise similar restraint,” Taylor said.
This remark could not be said to be aimed just at PepsiCo. Campaigner concern and the FDA’s move have been prompted by the growing number of food products on the market containing caffeine.
On the FDA website, Taylor describes the Wrigley move as “just one more unfortunate example of the trend to add caffeine to food”.
He continues: “Caffeine is even being added to jelly beans, marshmallows, sunflower seeds and other snacks for its stimulant effect. Meanwhile, energy drinks with caffeine are being aggressively marketed, including to young people. An instant oatmeal on the market boasts that one serving has as much caffeine as a cup of coffee, and then there are similar products, such as a so-called ‘wired’ waffle and ‘wired’ syrup with added caffeine. The proliferation of these products in the marketplace is very disturbing to us.”
Campaign group Center for Science in the Public Interest (CSPI) said in November it had notified the FDA of its “concern that manufacturers were caffeinating an explosion of foods”, specifically mentioning Cracker Jack’D, Kraft Foods Group’s MiO Energy water enhancer and other products such as jelly beans, waffles, maple syrup, popcorn and beef jerky.
According to the FDA, food manufacturers can currently add caffeine to products “if they decide it meets the relevant safety standards and if they include it on the ingredient list”. However, the regulator adds that “existing rules never anticipated the current proliferation of caffeinated products”.
In light of that growth, the FDA is now seeking to examine the “potential consequences of all these caffeinated products in the food supply”, both to children and to at-risk adults. It wants “to better understand” caffeine consumption and use patterns” and determine “a safe level for consumption”, while also addressing the types of products appropriate for the addition of caffeine.
However, the FDA clearly wants to approach the issue collaboratively. It said it had met with some companies to “express our concern” but also “to hear their rationale for adding caffeine to products”. The FDA has also reached out to the American Beverage Association and the Grocery Manufacturers Association, and “looks forward” to working with “industry, the scientific and medical community and all interested parties” to address the issue.
Regulation appears at this stage to be a last resort. Enforcing age restrictions, for example, would be “challenging”, Taylor said.
However, in 2010 the FDA did force the withdrawal of caffeinated alcoholic beverages from the market and, while it appears cautious about a regulatory move, there is clearly a veiled warning implicit in its current action.
While conceding new regulations would require a lot of time and resources to enact, Taylor said “some in the food industry are on a dubious, potentially dangerous path”, and “if necessary, and if the science indicates that it is warranted, we are prepared to go through the regulatory process to establish clear boundaries and conditions on caffeine use.” It would also be prepared to consider enforcement action against individual products as appropriate, he added.
However, Taylor’s final remark on the matter is conciliatory. “We hope this can be a turning point for all to prevent the irresponsible addition of caffeine to food and beverages. Together, we should be immediately looking at what voluntary restraint can be used by industry as FDA gets the right regulatory boundaries and conditions in place. I’m hopeful that industry will step up.”
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