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U.S. High Schools: Benzene in Soda Revisited

Ross E. Getman, Esq. - 4/8/2006

The Global Politician first broke the news about the need for testing for benzene in soft drinks on September 22, 2005. I represent an industry whistleblower and wrote "Caustic Soda: Need to Test for Benzene." The US, UK, Germany, Canada, Australia and China are now among the countries testing. The European Commission has demanded reports from member states on the risks posed to consumers from benzene contamination of soft drinks before deciding whether legislation is required to crackdown on the problem. More testing is needed by additional countries in hot climates, however, given the effect of heat and light on benzene levels.

Japan, Finland and New Zealand are among the countries that, at last report, are merely keeping a watchful brief. Especially now that the Food Standards Agency in the UK has found it necessary to direct the recall of several products, what will Belgium now do? What will France do? What will Israel do? What will WHO do?

Where government regulators are not testing and dislcosing the results, media outlets and consumer groups, such as in Sweden, have paid to do the testing themselves. There are several market surveys ongoing by non-profit groups in the United States given the FDA's failure to release data from its current testing.

Firms throughout the world are testing and/or reviewing their formulations to include Coca-Cola, Pepsi, Suntory, Tampico, and Sunny D. Firms expert in conducting tests for industry include RSSL in Europe and Japan Food Research Laboratories in Japan. There's been a spike in recall insurance due to the benzene issue.

Regulators around the world: Priority in government testing should be given to diet drinks with benzoate and ascorbic acid but not any of the technical fixes.

As explained in the internal memorandum written by the Cadbury Vice-President at the time, the effect was greatest in diet drinks. This likely would have been because of the absence of the insulating effect of the sugar. According to my client, who was the Cadbury "shelf life" expert, the beverage with the greatest risk would contain the combinations as follows: (1) diet or reduced sugar, (2) benzoate, (3) ascorbic acid or its sister erythorbic acid, (4) juice, and (5) citrus or cherry flavor. The Food Standards Agency (FSA) onfirmed this -- finding that the four drinks that tested the highest were batches of Morrisons no added sugar pineapple & grapefruit crush, Co-op low calorie bitter lemon, Popstar still sugar free lemon & lime drink and Hyberry high juice no added sugar blackcurrant squash.

The hydroxyl radical attacks the benzoic acid, removing the carbon dioxide from it and leaving benzene in its wake.

Professor Glen Lawrence, who consulted with the FDA lab in New York in 1990 about the problem, said: "There is no good reason to add ascorbic acid (vitamin C) to soft drinks, and those that may have ascorbic acid naturally in them (juices) should not use sodium benzoate as a preservative. So it is really very easy to avoid the problem."