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- <text id=91TT1140>
- <title>
- May 27, 1991: The Watchdog Wakes Up
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991
- May 27, 1991 Orlando
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- HEALTH, Page 62
- The Watchdog Wakes Up
- </hdr><body>
- <p>Food companies can forget the days of anything-goes regulators.
- A new FDA commissioner is cracking down on deceptive labels.
- </p>
- <p>By ANASTASIA TOUFEXIS--Reported by Dick Thompson/Washington and
- Linda Williams/New York
- </p>
- <p> For a while now, the makers of many vegetable oils have
- had a nice little gimmick going. On their bottles, in big,
- easy-to-read letters, are the words "no cholesterol," sometimes
- printed with a cute drawing of a healthy heart. The implicit
- message: Cook all the French fries you want in this oil and
- don't worry about heart disease.
- </p>
- <p> The only problem with this marketing ploy is that it is
- nonsense. Cholesterol is found only in foods from animals, and
- thus putting "no cholesterol" on a vegetable-oil label is
- misleading. More pertinent to the consumer is the fact that the
- oils are a liquid form of fat--pure fat. And high-fat diets
- have been linked to heart disease, breast cancer and a variety
- of other ailments. So hold the French fries.
- </p>
- <p> Not so long ago, the food industry could pull this kind of
- shenanigan with impunity. But that was before the emergence of
- the new Food and Drug Administration. Not the old, demoralized,
- anything-goes agency whose officials accepted bribes for
- approving untested generic drugs, but an FDA that seems to be
- rededicated to protecting the public. Last week the FDA ordered
- Procter & Gamble, the manufacturer of Crisco Corn Oil, along
- with Best Foods, which markets Mazola Corn Oil, and Great Foods
- of America, maker of HeartBeat Canola Oil, to cut out the "no
- cholesterol" business. While Best Foods and Great Foods stalled
- by saying they would work with the FDA to resolve the dispute,
- P&G went ahead and announced it would drop the offending words
- from Crisco--and also voluntarily remove the "no cholesterol"
- claim from Duncan Hines cake mixes, Fisher Nuts, Puritan Oil and
- Pringle's potato chips.
- </p>
- <p> It was the second time in three weeks that the FDA had
- dared challenge the big food companies. The first target was
- Citrus Hill Fresh Choice orange juice, another P&G product.
- After more than a year of wrangling over the word "fresh" (the
- product is made from concentrate and is pasteurized), the FDA
- had U.S. marshals impound 24,000 half-gallon cartons of the
- juice at a suburban Minneapolis warehouse. P&G gave in within
- two days. Uni lever subsidiary Ragu Foods, which since 1989 had
- been skirmishing over the same word on labels for its processed
- pasta sauce, soon dropped its fight. And earlier this month two
- other companies revealed that they were removing "fresh" from
- pasta sauces: Nestle from the Contadina brand and Kraft from
- DiGiorno sauce.
- </p>
- <p> The architect of the new FDA is David Kessler, 39, who
- became commissioner last December. Kessler is a far cry from the
- Rita Lavelle-style, wine-and-dine-with-the-industry regulators
- who reigned during the Reagan years. With a degree in medicine
- from Harvard and one in law from the University of Chicago, he
- understands health issues and knows how to devise and enforce
- tough regulations. In the early '80s he served as a consultant
- on FDA matters to Utah Republican Senator Orrin Hatch, who
- brought Kessler's talents to the attention of the Bush
- Administration. But the White House, with its friends in Big
- Business and its fealty to the philosophy of deregulation, may
- not have expected so much activism so soon. "I have no problems
- making decisions," declares Kessler, who is investigating
- several strategies to bolster FDA enforcement. Among them:
- levying fines, giving subpoena powers to agency inspectors and
- searching through corporate records.
- </p>
- <p> Food companies contend that the confusion about their
- labeling stems not from deception on their part but from the
- government's failure to issue clear guidelines for making
- nutritional and health claims. The FDA plans to set forth
- revised labeling rules next year. "Once these regulations are
- out," says John Cady, president of the National Food Processors
- Association, "industry will know clearly what the FDA expects
- and will certainly comply." Cady charges that Kessler's current
- "hunt-and-peck approach" of targeting big companies is largely
- an effort to shine up the FDA's tarnished image.
- </p>
- <p> The agency surely needs better public relations--and
- much more. A report issued last week by an advisory panel to
- the Department of Health and Human Services concludes that the
- FDA is underfunded, understaffed and overwhelmed by its
- mandate, which ranges from approving drugs and monitoring the
- nation's blood supply to checking food imports and regulating
- the cosmetics industry. From 1979 to 1988, 23 laws were passed
- that broadened the FDA's responsibilities; at the same time, the
- agency lost 900 of its 8,100 employees.
- </p>
- <p> That slide may finally be over. Congress has boosted the
- agency's budget by $150 million in the past two years, to $682
- million for 1991, and the number of staff positions is up again
- to about 8,400. With that backing, Kessler hopes to strengthen
- the FDA in all areas. By picking on big food companies sensitive
- to publicity, he has made an astute start at establishing
- himself--and re-establishing the FDA--as the nation's top
- health cop.
- </p>
-
- </body></article>
- </text>
-
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