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Benzene in Soft Drinks: A Question of Standards

Ross E. Getman, Esq. - 6/12/2006

In Australia and New Zealand, of the 68 samples tested, 38 beverage products contained trace levels of benzene. The levels detected ranged from 1 to 40 ppb. The Food Standards Agency of Australia and New Zealand explains: "The major sources of benzene exposure via air are tobacco smoke, automobile service stations, exhaust from motor vehicles (benzene is present at 1-2% in most petrol blends), and industrial emissions."

The industry denies any public health implications while advocates urge that the drinking water standard apply. Historically, dating back to 1998 and 1990 benzene contamination due to the one-time delivery of tainted carbon dioxide, the industry agreed that 10 ppb was the level at which a product recall would always be made. In June 1998, Rob Hayward, director general of the British Soft Drinks Association, insisted that the concern was about the quality of products. "We are absolutely determined to ensure that all product is perfect and notification of any level above the figure of 10 (parts of benzene per billion) will result in product recall."

Now, in the US, at least, anything goes and there is no level deemed to warrant a recall. This, moreover, is in the context of a risk that has existed over decades rather than the one-time delivery of tainted carbon dioxide. In contrast, agencies in the UK, South Korea and Finland have all at least asked that any product testing over 10 ppb be immediately recalled.

While 4 times the WHO drinking level of 10 ppb, the benzene levels in some soft drinks in Australia and New Zealand are up to 40 times the Australia drinking water level standard of 1 ppb. Many teens drink more soft drinks than water. Although the WHO standard is 10 ppb, the National Health & Medical Research Council Australian Drinking Water Guidelines (ADWG) provides a reference level for benzene in drinking water in Australia of 1 ppb. Manufacturers of flavoured beverages where benzene was found at levels of 1 ppb and above have been advised of the results of the FSANZ survey and have been referred to the ICBA's Guidance Document to assist them to minimize the possible unintended formation of benzene.

A global problem requires a global solution. Testing must be done by regulatory agencies worldwide and the testing must stress for heat - representing real world conditions in the marketplace in the summer months and in hot climates. (For example, in the US, testing must be done in Texas in July, not Michigan in December. Ever been to New Delhi in June?) An industry guideline states: "The industry recommends subjecting the product formulations to temperatures of a minimum of 50-70 degrees Celsius for 24 hours (112 Fahrenheit to 158 Fahrenheit), or longer depending on the formulation, eg some product formulations require 14 days of accelerated test exposure to evaluate the reaction potential." Thus, the government regulators are not even complying with industry guidelines in their testing.