Food Definition: FDA, Nutrition, Alcohol, Wrigley's Chewing Gum

Food Fight #37

The United States Food and Drug Administration (FDA) regulates food (except meat) but does not include nutrition in its definition of food. I guess they must spend their time drinking alcohol and chewing gum. Both of these items are food according to the FDA.

Food Definition from FDA Food Code 2009:

“Food means raw, cooked, or processed edible substance, ice, beverage, chewing gum, or ingredient used or intended for use or for sale in whole or in part for human consumption.”

A beverage is “a liquid for drinking, including water.” This means food can be a soft drink or alcohol.

These definitions apply to retail food and foodservice industries. [grocery stores and eat away from home places]

Food Definition per Federal Food, Drug and Cosmetic Act (FD&C Act):

“The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.”

Neither the FDA Food Code 2009 or FD&C Act mention nutrition. There are two exceptions:

1. The FD&C Act defines “animal feed” as an article which is intended for use for food for animals other than man and which is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal.

2. Infant formula is required to have “some” nutrients. The Secretary of the Department of Health & Human Services has the authority to change this.

Infant formula is defined as a food which purports [claims] to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk.

The FD&C Act is silent when it comes to other baby food products; therefore baby food must fall under their nutrition deficient general definition of food.

Chew Your Food But Don't Swallow

Why does chewing gum get special mention in food definitions?

According to Wm. Wrigley Jr. Company in a letter to the FDA, “Chewing gum is a unique type of food in several respects. It is chewed for an extended period of time but not swallowed.”

Wrigley further states: “Sugar-free chewing gum is generally formulated with intense sweeteners such as aspartame, sucralose, and acesulfame-K, and also sugar alcohols, such as sorbitol, xylitol and isomalt.”

Clearly chewing gum gets special mention in food definitions because it isn't food; yet it was allowed “Wrigley room.”

Clear as Mud

When definitions require definitions, something's wrong. Perhaps the best way for Americans to get the law on their side in terms of nutrition is, when asked to provide any type of demographic information, include somewhere, “I'm an animal.”