Do you get more than you pay for?

By: Mindi Messmer, MS, PG, CG

As parents, we often opt to pay more for organic food, even at a higher cost, with an understanding that a United States Department of Agriculture (USDA) Organic Seal ensures the food does not have dangerous carcinogens in it. However, the USDA and the Food and Drug Administration (FDA) have failed to protect consumers from exposure to per- and polyfluoroalkyl substances (PFAS).

Over the last several years, the public and scientific community have become increasingly aware of the health effects associated with exposure to PFAS. PFAS is an umbrella term for more than 14,000 -- or possibly as many as almost 21 million -- man-made chemicals that contain at least one carbon-fluorine (C-F) bond (Kim et al., 2021; US Environmental Protection Agency, 2021). The chemicals are only man-made and their chemical properties make them useful for atom bombs, chemical protective materials, and firefighting gear. Due to the strength of the C-F bond, PFAS stay in the environment and your body for a very long time — some with half-lives up to 17 years —hence they have been dubbed “forever chemicals.”

Although the chemical industry giants like DuPont and 3M have known about the risks associated with PFAS chemicals for decades, industry tactics have shielded them from public disclosure and regulation. But, thanks to Attorney Robert Bilott and his legal advocacy against the manufacturers — depicted in the movie “Dark Waters” and the documentary “The Devil We Know” — over the last few years the public and scientific community have become more aware of the dangers posed by PFAS.

Very low levels of PFAS have been connected to kidney, testicular, and prostate cancers, ulcerative colitis, pregnancy-induced pre-eclampsia, autoimmune issues, reproductive hormone disruption, thyroid issues, elevated cholesterol, decreased vaccine efficacy, and other chronic health conditions. In June of 2022, the USEPA cut their health advisory for several PFAS to levels below laboratory detection limits—basically, they are saying exposure to any level of PFAS is unsafe.

“PFAS have been found in a dizzying array” of goods notably waterproof, stain-resistant and nonstick ones, several kinds of household cleaning products,” including but not limited to brussel sprouts, kale, shellfish, milk, and chocolate cake.

Now, PFAS have been found in food with the USDA Organic Seal.

The Environmental Research Center (ERC), a 501(c)(3) non-profit has found PFAS in drink powders marketed as healthy nutritional support for pregnant mothers, children, and health-conscious individuals. ERC has filed a Notice of Violation against KOS for several of their energy drink powders under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (or “Proposition 65”) as shown below.

The State of California officially listed PFOA as a chemical known to cause developmental toxicity on November 10, 2017. Then on February 25, 2022, the State of California officially listed PFOA as a chemical known to cause cancer. Proposition 65 requires that a clear and reasonable warning (see below) be provided on consumer products that contain a PFAS called perfluorooctanoic acid (PFOA). ERC alleges that KOS has violated Proposition 65 because they failed to provide persons ingesting these products with appropriate warnings that they are being exposed to this chemical.

In addition to an alleged Proposition 65 violation, the organic KOS energy powders also have a USDA Organic Seal (see photos below).

According to the USDA, to “make an organic claim or use the USDA Organic Seal, the final product must follow strict production, handling, and labeling standards and go through the organic certification process.” The organic seal prohibits the use of pesticides and other dangerous chemicals in farming practices and food.

How can entirely man-made chemicals be unregulated and present in USDA-certified organic food products?

On July 24, Less Cancer, a 501(c)(3) non-profit, alerted the USDA about the presence of PFAS in food products and called on the USDA to implement an additional “PFAS-free” certification to ensure that consumers can make informed choices to avoid PFAS exposure from food. In addition, we asked USDA to require PFAS-free certification of food supplied in the USDA Foods in Schools program under the National School Lunch Program (NSLP), the Child and Adult Care Food Program (CACFP), and the Summer Food Service Program (SFSP).

According to news reports, doctors are puzzled by the higher and increasing rates of childhood cancer. My state of New Hampshire has the highest rate of pediatric cancer in the country and coincidently or not, has well-documented and extensive PFAS drinking water pollution in highly populated areas.

We know now that reducing exposure to environmental toxins, including PFAS, is an important step in cancer prevention. We need the United States Environmental Protection Agency (USEPA) that regulates hazardous chemicals in water, the FDA that regulates food products, and the USDA to implement stricter regulations and improve transparency so the public and the healthcare community are armed with information on how to limit exposure to PFAS and other environmental toxins to protect public health.