Wellness and functional beverage sales grew from $41 billion in 1999 to $55 billion in 2005, according to Beverage Marketing. This number is expected to keep climbing while demand for sugary sodas continues to decline.

Beverage makers are striving to give consumers something more than just refreshment. More than a dozen drinks promising weight loss, cell-damage-reducing antioxidants and natural energy are scheduled to hit shelves in 2007.

With consumers’ dollars driving this trend, Pepsi alone has at least 12 entrants on the way for health-conscious consumers, including Pepsi Natural and Sierra Mist Essence (both with natural sugars), Tava (with chromium, which is tied to weight loss) and Tropicana Essentials with Omega-3 fatty acids. And Coca-Cola plans to release Enviga – a sparkling green tea that burns calories and H2Odwalla enhanced water. BusinessWeek also described “nutraceutical versions of Diet Coke” and “new juices designed to help women with skincare, weight management and detoxification.” Other new products to look for include Glaceau Vitaminwater Triple X and Snapple Out of the Blueberry – both loaded with antioxidants.

FDA is soliciting comments on the regulation of certain conventional foods the industry markets as “functional foods.” While there is no formal definition of “functional foods,” the Institute of Food Technologists in a March 24, 2005 report defined the term to encompass “foods and food components that provide a health benefit beyond basic nutrition (for the intended population).”

Since present law provides for no special regulatory categorization of “functional foods,” their safety and labeling is subject to the same regulatory framework as conventional foods (e.g., food additive or GRAS ingredients, nutrient content claims, health claims, structure/function claims, fortification policy). FDA specifies issues upon which it solicits information and comments, including:

Is there a need for a regulatory definition and distinct regulatory approach to the evaluation of the safety of ingredients added to “functional foods”? If yes, what would be included in this new definition and approach that is not adequately addressed under the existing definition of food additive or the provisions for GRAS substances, and what is the scientific and legal basis for this position? Under what legal authority could FDA create this new definition and distinct regulatory approach?

Should companies that market ingredients for addition to “functional foods” be required to notify FDA prior to introducing the ingredients into interstate commerce?

What types of data and information would be appropriate to demonstrate that ingredients added to conventional foods being marketed as “functional foods” meet the safety standard of “reasonable certainty of no harm”?

How could FDA partner with interested stakeholders regarding the development of appropriate recommendations or other information regarding the safety assessment of ingredients added to “functional foods”?

If its statutory authority permits, should FDA require food companies to notify the agency within 30 days of marketing a conventional food (including a “functional food”) bearing a structure/function claim and to include the disclaimer currently required on dietary supplements making structure/function claims in the labeling of such foods and, if so, what is the scientific (e.g., consumer studies) basis for this position? Under what existing legal authority could FDA require notification of these claims? Could FDA require inclusion of such a disclaimer with these claims?

Within its statutory authority, how (if at all) should FDA utilize the findings of non-governmental groups, such as the IFT recommended “generally recognized as efficacious” (GRAE) panels, in support of health claims, nutrient content claims, and other labeling claims about the effects of a “functional food” or ingredient, such as structure/function claims? Should FDA institute a pre-market notification process for review of the scientific evidence for structure/function claims for “functional foods” and ingredients as recommended by IFT? What is the scientific basis for this position?

Given FDA’s interpretation of the definition of “nutritive value” and its decisions on the health claim petitions reviewed to date, does or will the agency’s interpretation of Nutrilab v. Schweiker, i.e., to limit structure/function claims and health claims to those that are based on nutritive value or other food attributes, such as taste and aroma, adequately allow for these claims in the labeling of “functional foods”? If no, how is the agency’s approach inadequate? If you favor a change in the agency’s approach, do you recommend FDA adopt the IFT report’s recommendation on this issue (i.e., claimed benefit must be based either on nutritive value or on the provision of a physical or physiological effect that has been scientifically documented or for which a substantial body of evidence exists for plausibility), or some other alternative?

Should FDA provide incentives to manufacturers to conduct further research on emerging substance/disease relationships? If yes, how and what is the scientific basis for this position?

Can the conventional foods being marketed (now or in the future) as “functional foods” be adequately addressed through the current regulations for food additives, GRAS substances, and labeling claims? If no, how are these regulations insufficient to address these products?

A public hearing will be held on December 5 from 9 a.m. to 4:30 p.m. at FDA’s Center for Food Safety and Applied Nutrition in College Park, Maryland. Request to make an oral presentation at the hearing is due by November 14. Written comments must be submitted by January 5, 2007.

Stone Cold Creamery remains committed to flavor innovation, reported AZ Central. Many new products will be aimed at younger customers. The company developed a cherry, orange and green apple gummy-style sorbet. When put in your mouth, your tongue feels the smooth sorbet morph into the consistency of a gummy candy. Also for the younger consumer, a color-changing powder that transforms ice cream’s color is in development. Additionally a breakfast flavor line, which includes cinnamon bun and French toast, is expected to be coming out soon.

Scientists in India developed a way to extract juice effectively for the first time from a berry which is thought to be good for the heart, reported BBC News. Sea buckthorn is a known source of cholesterol-lowering compounds which may prevent cloging of the arteries. It is used in Tibet, Mongolia, China and Russia for health drinks

Researchers report current extraction methods produce juice of poor quality. However, a team at the Regional Research Laboratory in Trivandrum, have solved the problem by developing an extraction technique which uses continuous high speed centrifugation to separate the juice from the solid sludge. The process retained a significant proportion of the key anti-oxidant chemicals which scientists believe can aid the circulatory system by blocking the action of harmful LDL cholesterol.

Analysis showed that the extracted juice contained more than 40 percent of the original polyphenol content from the whole berry, along with 50 percent of the original flavonoids and 70 percent of the vitamin C.

Two companies have shown interest in the process.

February 2, 2007 – NAFFS Winter Meeting, The French Culinary Institute, N.Y., N.Y.

March 8, 2007 – California Meeting, Anaheim, Cal.

April 17, 2007- NAFFS Technical Meeting, Edison, N.J.

October 18-21, 2007 - The 90th Annual NAFFS Convention, The Resort at Longboat Key Club,Longboat Key, Fla.