Making Lemonade Out of Real Lemons

Ross E. Getman

On January 24, the Massachusetts House will vote on whether to ban the sale of soda and junk food in Massachusetts schools K-12.

Countries that have gone soda free all-grades include England , France and Scotland. States include California, New Jersey, Maine and Nevada. Districts that have gone soda-free K-12 include NYC, LA, Chicago, Miami-Dade, Philly, Pittsburgh, Scranton, Las Vegas, San Francisco, Boston, DC, Seattle, Austin, Baltimore, Albuquerque, Buffalo and many others.

This week the Food and Drug Administration (FDA) produced two FDA memos from 1990/1991 about benzene in soft drinks pursuant to my request under the Freedom of Information Act. The meeting memorandum dated December 7, 1990 summarized a meeting at the FDA with representatives of the National Soft Drinks Association (the NSDA, now known as American Beverage Association).

"The visitors expressed their concern about the presence of benzene traces in their products and the potential for adverse publicity associated with this problem. The State of Florida Laboratories found traces of benzene in Koala Springs flavored mineral water. There is speculation that the benzene traces originated from the sodium benzoate by way of photolytic degradation. Koala Springs conducted experiments on sodium benzoate solutions to arrive at this conclusion. Koala Springs also suggested that this problem is associated with older lots product.

Mr. Redman of NSDA also suggested that benzene formation occurs as an interaction among ingredients in the product for example, sodium benzoate, ascorbic acid and FD&C yellow #5 under certain conditions might produce benzene. ...

Mr . Redman stated that industry will conduct its own scientific investigation in parallel with the Food and Drug Administration; it was agreed that several days lead time was necessary to gather enough data in order to better understand this problem and its ramifications. An attempt will be made to share this information with the FDA."

Internal documents from 1990 show that the industry knew that sometimes there levels such as 25 ppb "off the shelf" and 82 ppb after exposure to heat and light. Another popular product, for example, measured at 1 ppb "off the shelf" and 41.5 after exposure to heat and light in a weatherometer.

Sodium benzoate now is not going to be allowed in British schools. This serves to avoid the problem entirely with respect to children during the schoolday and should be done both in the United States and worldwide.

An analytical chemist, Dr. Alan Rowley, on behalf of Britvic (which distributes Pepsi products in the UK) testified in early 2001 in a claim for damages against the suppliers of carbon dioxide contaminated with the benzene, which is a known carcinogen. He explained that there was an alternative common source of benzene formation in some soft drinks. He explained that the use of benzoate and ascorbic acid can typically result in a benzene content in the finished product of up to 3 ppb. Under EU regulations, the standard for benzene in drinking water is now 1 ppb. Thus there is an important issue that needs to be addressed even under the industry's public account of benzene levels.

Even at the time of massive Coke recalls in June 1998 and June 1999 in Europe due to benzene contamination, the big soda companies did not disclose to consumers the nature of the underlying benzene problem. "Coke's contamination story 'highly unlikely,'" BBC News, August 17, 1999; "Leading soft drinks withdrawn," BBC News, June 1, 1998; "A Big Fizzle for Coca-Cola," TIME, July 8, 1999; Pouthier, "Outbreak of Coca-Cola-related illness in Belgium: a true association," Lancet, 21 August 1999, pp. 681-682 The contamination was attributed in some cases to contaminated carbon dioxide and in some cases fungicide used on wooden pallets.

A Court in India last year explained the need for candor on the part of the industry in the context of pesticides in Coca-Cola and Pepsi, The High Court of Judicature for Rajastan and others   (2004.10.20) (Soft drink pesticide labeling case). The Court held that Coke and Pepsi must disclose the presence of a chemical contaminant in its drinks:

"If a carbonated beverage or soft drink is not free from pesticides and chemicals, the consumer must be told that it contains pesticides or chemicals and the extent of their presence must be specified on the product. The sale of the product should not be allowed without disclosing the composition of the product and the presence, if any, of insecticide, pesticide and chemicals. It was submitted that in case such a disclosure is made, there would be panic in the market and the business will dwindle. ... It is not difficult to imagine why the respondent companies want to keep the question of the presence of pesticides in carbonated beverages and soft drinks under wraps. It is only because of the commercial interest that such disclosure is being withheld from the public and the consumers. Commercial interests are subservient to the fundamental rights. The manufacturers cannot be allowed to keep the contents of the carbonated beverages and soft drinks under veil of secrecy. Such secrecy cannot be legitimately allowed and the veil of secrecy must be lifted for public knowledge and information in the public interest, so that they can make an informed choice."

Coca-Cola to its great credit acted promptly in 2004 in disclosing the presence of the carcinogen bromate in Dasani in the UK. and recalling the product. It should do the same whenever benzene levels exceed the permissible level for drinking water for the particular country.

The soda industry should make lemonade out of real lemons and voluntarily pull all sodas out of public schools throughout the world -- both diet and regular. See Fall 2005 US Roper poll (79% opposed to school vending) "US slowly wakes up to obesity crisis," BBC News, Dec. 19, 2005 Separately, companies and regulatory authorities worldwide should conduct testing and monitoring of the relevant products for benzene.