By Richard Williams of the Mercatus Center.
"When in doubt, throw it out. That
philosophy seems to be what’s driving the FDA’s policy on trans fatty
acids, and, in all likelihood, it’s just wrong. Let’s untangle what has
transpired and see why.
First,
the FDA probably should have left a big win alone. When the FDA
required trans fatty acids to appear on the Nutrition Facts Panel, the
food industry reacted immediately – those who could find substitute fats
did so, which caused consumption to drop by 80 percent. At the previous
levels, there was pretty good evidence that consumption of trans fatty
acids at high levels (4 grams) was associated with heart disease.
But
what about current consumption at lower levels? The evidence is
missing. One might wonder: If it’s bad for you in larger amounts, why
isn’t it bad for you in smaller amounts? Well, water is obviously good
for you in small amounts, but if you drink too much too quickly, you
die.
It turns out that most of
the things we eat are like that. Small amounts either pass harmlessly
through your body or are good for you. Eat too much, too quickly, and
it’s bad or lethal. Drugs are the same way: They may cure you in small
amounts but kill you if you take too many of them. Radiation is also the
same way; a lot will give you cancer or kill you, but a little bit (it
turns out) is good for you. Even some very nasty things like dioxin and
arsenic can be good for you at extremely low levels. Salt is necessary
for life, but consuming too much is unhealthy.
Even
though trans fatty acids likely follow the same pattern – being benign
or helpful at low levels – we don’t know that, and we don’t know at what
level that may be.
So, shouldn’t we just get rid of it? Probably not, for a couple of reasons.
First,
it sets a bad precedent. It takes a nutrition issue and turns it into a
safety issue. That’s what the Generally Recognized as Safe or GRAS law
is about: safety. If we start doing that for other ingredients –
particularly when we don’t have the science to back it up – we are
opening up a huge can of worms. Apparently, there are lawyers out there
who see this kind of thing as a golden opportunity.
The
other reason goes back to missing science. What’s going to take the
place of trans fatty acids when you ban it? The FDA doesn’t know, but it
moved ahead anyway.
Ironically, this is how we got into this particular mess in the first place.
When
food activists became concerned about saturated fat in animal fats in
the 1970s, the industry went to vegetable oil but, to make it work, they
had to use the hydrogenated variety. No one knew that’s what they were
going to do, and no one tried to find out. The same people pushed the
FDA to enact the current policy, and they don’t know what the
replacement will be either. The good news is that after the labeling
came out, the industry generally found better fats to replace trans.
It’s not clear what the remaining firms are going to do since, if they
could have easily replaced trans, they already would have. Will the
replacement be better or worse? No one knows.
This
is regulating in the dark. We don’t know if there are levels of trans
fatty acids that are benign or perhaps even good for you – but the odds
are that they exist. We don’t know what’s going to replace trans fatty
acids. We don’t know how many wasteful lawsuits may drive food companies
in other, potentially worse, directions. We don’t know how morphing
what should be a nutrition policy into a safety policy will entice
activists to agitate for more policies that move way ahead of science.
What
we do know is that the moment we leave the necessary science and sound
policy behind, it’s a crapshoot. If that’s what we are going to do, why
we do we need “expert” science agencies?"