February 24, 2006

The Honorable Andrew C. von Eschenbach
Acting Commissioner
(HF-1)
Food and Drug Administration
5600 Fishers Lane, Room 1471
Rockville, MD 20857

Re: Mercury in Seafood – Talk Paper

Dear Dr. von Eschenbach:

The National Consumers League (NCL) is writing to request that the Food and Drug Administration (FDA) issue a comprehensive Talk Paper on the issue of mercury in seafood.  There is evidence of growing consumer confusion about mercury in seafood, which we believe can best be resolved by the FDA.

NCL is the nation’s oldest consumer advocacy organization.  Founded in 1899, NCL is a private, nonprofit organization that represents the interests of consumers in the marketplace and workplace.  NCL has a long-standing interest in food safety and submitted comments on the Advisory on mercury issued by FDA in 2004.  NCL also has a particular interest in how risk is communicated to consumers and holds an annual risk communication symposium.  At our 2005 symposium, entitled “Communicating Children’s Health Risks,” Professor Maureen Storey of the University of Maryland’s Center for Food, Nutrition, and Agriculture Policy, presented the results of a survey showing widespread consumer confusion about the FDA Advisory.

Mercury in fish and shellfish presents a difficult risk communication challenge.  On the one hand, fish and shellfish offer important nutritional benefits, and there is a growing body of scientific evidence that certain omega-3 fatty acids in fish and shellfish protect against an array of diseases.  On the other hand, certain species of fish contain high levels of mercury, which are a concern for select population groups including pregnant women, women who may become pregnant, nursing mothers, and young children.  For this reason, the Harvard Center for Risk Analysis has recommended that government advisories about mercury in seafood need to “walk a fine line” and avoid scaring consumers off of seafood altogether.  Otherwise, the net effect of such advisories might be negative from a public health standpoint. NCL believes that the FDA Advisory on mercury in fish and shellfish strikes the right balance between risks and benefits.  It begins by emphasizing that fish and shellfish are “an important part of a health diet” and noting their contribution to heart health and child development.  The Advisory then carefully explains that certain risk groups need to avoid or reduce their consumption of fish containing high levels of mercury and offers three recommendations to achieve this goal.  

Unfortunately, the carefully crafted advice contained in the FDA Advisory has been mischaracterized by many in the press.  For example, news accounts in general have not made clear that the advice to limit fish and shellfish consumption was intended only for certain risk groups, not for the general adult population.  Headlines frequently focus on “mercury in canned tuna” as if mercury concentrations in this product are considered uniquely higher than what is found in other commercial fish.   In addition, some newspapers have questioned the reliability of the Advisory or have interpreted the findings of FDA’s ongoing testing program.  A series of articles in The Chicago Tribune has claimed that canned light tuna, recommended by FDA as a food “low in mercury,” may be unsafe because of the use of yellowfin tuna.  That series has also given the impression that FDA does not have the problem of mercury in seafood under control.

The result is that many consumers are mislead and confused.  A consumer survey by the University of Maryland in 2005 found that 30 percent of consumers believe that the advice to limit consumption of fish and shellfish applies to all Americans, not just certain risk groups.  The survey also found that many consumers are confused about which fish are high in mercury – 32 percent incorrectly identified tuna, salmon, and shrimp as higher in mercury, while only 4 percent correctly identified swordfish as high in mercury. 

NCL is concerned that the “take home” message for many consumers will be to simply eat less fish and shellfish.  In the University of Maryland survey, 43 percent of consumers reported they are eating seafood less often; 35 percent reported reducing portion size; and 55 percent said they have changed the types of fish and shellfish they eat as a result of concerns about mercury.    

NCL believes that FDA needs to speak again on this important subject to reiterate and clarify its 2004 Advisory.  We believe an FDA Talk Paper is needed to clarify that the three recommendations contained in the 2004 Advisory were intended only for the specified risk groups.  The Talk Paper should emphasize that consumers should not “throw the baby out with the bath water.”  Consumers should not sacrifice the nutritional benefits of fish and shellfish by overreacting to the risk of mercury. 

Finally, NCL suggests that FDA get to the bottom of allegations that some canned light tuna contains high levels of mercury because of the presence of yellowfin.  If this is in fact a problem, FDA should address this issue. If there is no mercury problem with canned light tuna (e.g., because the yellowfin tuna used to make canned light tuna are small and do not contain more mercury than skipjack tuna), FDA should make this clear.  This is an important question for many consumers.  We appreciate your consideration of this letter and look forward to prompt FDA action.

Sincerely,

LINDA F. GOLODNER

President

cc:  Dr. Robert E. Brackett, Ph.D., Director, Center for Food Safety and Applied Nutrition,  Food and Drug Administration
Ms. Julie Cawisza, Acting Assistant Commissioner for Public Affairs,Food and Drug Administration