98-8750. Food Additives Permitted for Direct Addition to Food for Human Consumption; Sucralose  

  • [Federal Register Volume 63, Number 64 (Friday, April 3, 1998)]
    [Rules and Regulations]
    [Pages 16417-16433]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-8750]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Part 172
    
    [Docket No. 87F-0086]
    
    
    Food Additives Permitted for Direct Addition to Food for Human 
    Consumption; Sucralose
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Final rule.
    
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    SUMMARY: The Food and Drug Administration (FDA) is amending the food 
    additive regulations to provide for the safe use of sucralose as a 
    nonnutritive sweetener in food. This action is in response to a 
    petition filed by McNeil Specialty Products Co.
    
    DATES: The regulation is effective April 3, 1998; written objections 
    and requests for a hearing by May 4, 1998. The Director of the Office 
    of the Federal Register approves the incorporation by reference in 
    accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of certain 
    publications in Sec. 172.831(b) (21 CFR 172.831(b)), effective April 3, 
    1998.
    ADDRESSES: Submit written objections to the Dockets Management Branch 
    (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 
    Rockville, MD 20857.
    
    FOR FURTHER INFORMATION CONTACT: Blondell Anderson, Center for Food 
    Safety and Applied Nutrition (HFS-206), Food and Drug Administration, 
    200 C St. SW., Washington, DC 20204, 202-418-3106.
    
    SUPPLEMENTARY INFORMATION:
    
    Table of Contents
    
    I. Introduction
    II. Evaluation of Safety
        A. Estimated Daily Intake
        B. Evaluation of Toxicological Testing Results
          1. Pharmacokinetics and Metabolism
            a. Comparative pharmacokinetics
            b. Sucralose metabolism
          2. Genotoxicity Testing
          3. Reproductive/Developmental Toxicity Studies
            a. Sucralose
              i. Two-generation reproductive toxicity study in rats 
    (E056)
              ii. Teratology study in rats (E030)
              iii. Teratology studies in rabbits (El34)
            b. Sucralose hydrolysis products
              i. Two-generation reproductive toxicity study in rats 
    (E052)
              ii. Teratology study in rats (E032)
            c. Male fertility studies of sucralose and its hydrolysis 
    products in rats (E016, E038, E090, and E107)
          4. Chronic Toxicity/Carcinogenicity Studies
            a. Sucralose
              i. Combined chronic toxicity/carcinogenicity study in rats 
    (E057)
              ii. Carcinogenicity study in mice (E055)
              iii. Chronic toxicity study in dogs (E051)
            b. Sucralose hydrolysis products--carcinogenicity study in 
    rats (E053)
          5. Special Toxicological Studies
            a. Body weight gain (E058, E130, E143, E151, E160, E161)
              i. The palatability hypothesis
              ii. The agency's evaluation of the palatability hypothesis
              iii. Resolution of the body weight gain decrement issue
    
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            b. Immunotoxicity study in rats (E162)
            c. Neurotoxicity studies in mice and monkeys (E008 and E009)
            d. Diabetic Studies (E156, E157, E168, E170, E171)
        C. Acceptable Daily Intake Estimate for Sucralose
    III. Comments
        A. Determination of No-Observed-Effect Level and ADI
          1. No-Observed-Effect Level in the Chronic Toxicity Study
          2. No-Observed-Effect Level in Developmental Toxicity Studies
          3. Derivation of ADI
        B. Immunotoxic Potential of Sucralose
        C. Mutagenicity of 1,6-DCF
        D. Renal Effects
        E. Fetal Edema
        F. Bioaccumulation
        G. Antifertility Effects
        H. Neurotoxicity Effects
        I. Exposure to Sucralose Hydrolysis Products
        J. The Need for Studies in Special Populations
        K. Labeling
    IV. Conclusion
    V. Environmental Effects
    VI. References
    VII. Objections
    
    I. Introduction
    
        In a notice published in the Federal Register of May 8, 1987 (52 FR 
    17475), FDA announced that a food additive petition (FAP 7A3987) had 
    been filed by McNeil Specialty Products Co. (McNeil), P.O. Box 3000, 
    Skillman, NJ 08558-3000 proposing that the food additive regulations be 
    amended to provide for the safe use of sucralose (1,6-dichloro-1,6-
    dideoxy--D-fructofuranosyl-4-chloro-4-deoxy--D-
    galactopyranoside) as a nonnutritive sweetener in food where standards 
    of identity do not preclude such use. (McNeil's address has since 
    changed to 501 George St., New Brunswick, NJ 08558-3000.)
        The petitioner has requested the use of sucralose in 15 food 
    categories as described in Sec. 170.3 (21 CFR170.3(n)) as follows: 
    Baked goods and baking mixes (Sec. 170.3(n)(1)); beverages and beverage 
    bases (nonalcoholic) (Sec. 170.3(n)(3)); chewing gum 
    (Sec. 170.3(n)(6)); coffee and tea (Sec. 170.3(n)(7)); confections and 
    frostings (Sec. 170.3(n)(9)); dairy product analogs 
    (Sec. 170.3(n)(10)); fats and oils (Sec. 170.3(n)(12)); frozen dairy 
    desserts and mixes (Sec. 170.3(n)(20)); fruit and water ices 
    (Sec. 170.3(n)(21)); gelatins, puddings, and fillings 
    (Sec. 170.3(n)(22)); jams and jellies (Sec. 170.3(n)(28)); milk 
    products (Sec. 170.3(n)(31)); processed fruits and fruit juices 
    (Sec. 170.3(n)(35)); sugar substitutes (Sec. 170.3(n)(42)); and sweet 
    sauces, toppings, and syrups (Sec. 170.3(n)(43)). This final rule lists 
    all of the requested uses.
        Sucralose has also been referred to as trichlorogalactosucrose or 
    4,1',6'-trichlorogalactosucrose. The Chemical Abstracts Service 
    Registry number (CAS Reg. No.) for sucralose is 56038-13-2. Sucralose 
    is a disaccharide that is made from sucrose in a five-step process that 
    selectively substitutes three atoms of chlorine for three hydroxyl 
    groups in the sugar molecule. It is produced at an approximate purity 
    of 98 percent. Sucralose is a free-flowing, white crystalline solid 
    that is soluble in water and stable both in crystalline form and in 
    most aqueous solutions; it has a sweetness intensity that is 320 to 
    1,000 times that of sucrose, depending on the food application.
        Hydrolysis of sucralose can occur under conditions of prolonged 
    storage at elevated temperatures in highly acidic aqueous food 
    products. The hydrolysis products are the monosaccharides, 4-chloro-4-
    deoxy-galactose (4-CG) and 1,6-dichloro-1,6-dideoxyfructose (1,6-DCF).
        McNeil's original submission to FDA contained data and information 
    from toxicity studies in several animal species, other specific tests 
    in animals, and information from clinical tests in human volunteers. 
    The toxicity data base included: Short-term genotoxicity tests, 
    subchronic feeding studies, chronic toxicity/carcinogenicity studies in 
    rats and mice, a chronic toxicity study in dogs, reproductive toxicity 
    studies in rats, teratology studies in rats and rabbits, male fertility 
    studies in rats, and neurotoxicity studies in mice and monkeys. Other 
    specific tests conducted with animals included: Pharmacokinetics and 
    metabolism studies on sucralose in several species, mineral 
    bioavailability studies in rats, and several studies related to food 
    consumption and palatability in rats and dogs. Human clinical testing 
    addressed the pharmacokinetics and metabolism of sucralose, in addition 
    to its potential effects on carbohydrate metabolism. The petitioner 
    also submitted a report prepared by a panel of experts in various 
    scientific disciplines who independently evaluated and critiqued the 
    sucralose data base to identify areas of potential controversy.
        During the course of the agency's evaluation of the sucralose 
    petition, McNeil submitted additional studies that had been conducted 
    in response to questions and concerns raised by the governmental 
    reviewing bodies of other countries. The additional studies included a 
    6-month gavage study in rats, two comparative pharmacokinetics studies 
    in rats and rabbits, an immunotoxicity feeding study in rats, and study 
    of unscheduled deoxyribonucleic acid (DNA) synthesis.
        In response to an issue raised by FDA, the petitioner submitted a 
    6-month sucralose feeding study in rats, with a dietary restriction 
    design, to evaluate the toxicological significance of a body weight 
    gain decrement effect observed in sucralose-treated rats.
        In anticipation of the potential wide use of sucralose in persons 
    with diabetes mellitus and to address concerns raised by a diabetic 
    association group in Canada, the petitioner performed a series of 
    clinical studies. Because of results observed in diabetic patients that 
    were treated with sucralose in a 6-month clinical study, the petitioner 
    requested (in 1995) that the agency withhold its final decision on the 
    safety of sucralose until that observation could be further 
    investigated. At that time, the petitioner initiated additional studies 
    with the main objective of evaluating the effects sucralose would have 
    on glucose homeostasis in patients with diabetes mellitus.
    
    II. Evaluation of Safety
    
        In the safety evaluation of a new food additive, the agency 
    considers both the projected human dietary exposure to the additive and 
    the data from toxicological tests submitted by the petitioner. Other 
    relevant information (e.g., published literature) is also considered. 
    The available data and information submitted in a food additive 
    petition must establish, to a reasonable certainty, that the food 
    additive is not harmful under the intended conditions of use.
    
    A. Estimated Daily Intake
    
        In determining whether the proposed use of an additive is safe, FDA 
    typically compares an individual's estimated daily intake (EDI) of the 
    additive to the acceptable daily intake (ADI) established from the 
    toxicity data. The agency determines the EDI by making projections 
    based on the amount of the additive proposed for use in particular 
    foods and on data regarding the consumption levels of these particular 
    foods. The proposed use levels of sucralose are supported by taste 
    panel testing that was reported in the petition. The petitioner also 
    submitted survey information on the consumption of the food types for 
    which the use of sucralose was requested.
        The agency commonly uses the EDI for the 90th percentile consumer 
    of a food additive as a measure of high chronic exposure. For the 
    requested food uses of sucralose, the agency has determined the 90th 
    percentile EDI for consumers 2 years old and older (``all ages'') to be 
    98 milligrams per person per day (mg/p/d), equivalent to
    
    [[Page 16419]]
    
    approximately 1.6 mg per kilogram of body weight per day (mg/kg bw/d) 
    (Refs. 1 and 2).
        Because sucralose may hydrolyze in some food products (although 
    only to a small extent and only under limited conditions), the 
    resulting hydrolysis products may also be ingested by the consumer. 
    Therefore, the agency has also calculated EDI's for the combined 
    hydrolysis products of sucralose. The 90th percentile EDI is 285 
    micrograms per person per day (g/p/d), equivalent to 4.7 
    g/kg bw/d (Refs. 1 and 2).
    
    B. Evaluation of Toxicological Testing Results
    
        The major studies relevant to the safety decision regarding the 
    petitioned uses of sucralose are discussed in detail in section II.B of 
    this document. The individual studies are identified by ``E'' numbers, 
    as designated by McNeil in the sucralose petition.
    1. Pharmacokinetics and Metabolism
        Studies were conducted to characterize and compare the metabolic 
    fate of sucralose in various animal species to that seen in humans in 
    order to assist in the selection of an appropriate animal model for 
    safety extrapolation to humans.
        a. Comparative pharmacokinetics. The absorption, metabolism, and 
    elimination of sucralose have been studied in several different animal 
    species, including humans. Based on its evaluation of these studies, 
    the agency concludes that, in general, sucralose is poorly absorbed 
    following ingestion, with 36 percent or less of the dose absorbed in 
    rats (E004 and E137), mice (El46), rabbits (El24), dogs (E049 and 
    E123), and humans (E003, E033, and E128). Although there is consistency 
    among laboratory animal species in the routes of elimination of 
    sucralose when administered by the intravenous route (80 percent 
    urinary, 20 percent fecal), the amounts of sucralose absorbed and rates 
    of elimination after oral administration differ considerably (Ref. 3). 
    The agency estimates that about 5 percent of the ingested dose is 
    absorbed from the gastrointestinal system of rats, while that in 
    rabbits and mice ranged from 20 to 33 percent. Gastrointestinal 
    absorption of sucralose by the dog was in the range of 33 to 36 
    percent. Studies in human male volunteers showed absorption values in 
    the range of 11 to 27 percent, which is between the ranges observed for 
    rats (lower bound) and rabbits and mice (upper bound). In all of the 
    species tested, plasma disappearance curves are biphasic (E003, E004, 
    E049, E123, E128, E146, El63, and E164). With the exception of the 
    rabbit (El64), these curves are dominated by phase 1, with a half-life 
    of 2 to 5 hours. In the rabbit elimination is dominated by phase 2, 
    with a half-life of 36 hours (El64) (Ref. 3). The longer half-life of 
    sucralose in the rabbit was initially thought to be the result of 
    reingestion of sucralose. However, study E164, which was specifically 
    designed to address this question by controlling coprophagia, indicated 
    that sucralose elimination is intrinsically slower from the rabbit than 
    from other species tested (Refs. 3 and 4). Therefore, the agency 
    concludes that the pharmacokinetics of sucralose in the rabbit is 
    significantly different from that in humans and other tested species.
        b. Sucralose metabolism. The majority of ingested sucralose is 
    excreted unchanged in the feces and most of what is absorbed appears 
    unchanged in the urine, with only minor amounts appearing as 
    metabolites (Refs. 3, 4, and 5). Mice (El46) and rats (El37) were found 
    to metabolize less than 10 percent of the absorbed sucralose, while 
    rabbits (El24) (20 to 30 percent), humans (El38 and E145) (20 to 30 
    percent), and dogs (El33) (30 to 40 percent) metabolize greater 
    quantities of the absorbed sucralose. Results from the submitted animal 
    and human pharmacokinetics data identified three major sucralose 
    metabolites (Ml, M2, and M3) in urine in addition to unchanged 
    sucralose. The metabolic profile of sucralose in rats was qualitatively 
    similar to that seen in humans. In addition to unchanged sucralose, two 
    sucralose metabolites, Ml and M2, were detected in the urine of rats 
    and humans after oral dosing of sucralose. The metabolic profile of 
    mice for sucralose differed from that of humans and the other tested 
    animals (rats, dogs, and rabbits) in that a unique urinary metabolite, 
    M3, was identified in addition to the presence of the Ml (trace 
    amounts) and M2 metabolites. A pronounced difference was observed in 
    the proportions of M2 and M3 excreted by male versus female mice: Males 
    produced more M2 than M3, while the opposite was true of female mice. 
    The metabolic profile of the rabbit for sucralose also showed 
    differences when compared to that seen in humans, rats, mice, or dogs. 
    In addition to unchanged sucralose, a small number of unidentified 
    metabolites (more polar than sucralose) were observed in rabbit urine, 
    but were not characterized (Refs. 3, 6 and 7). Dogs produced primarily 
    the M2 metabolite and only a trace amount of the Ml metabolite.
        After repeated dosing, there was no evidence that sucralose induced 
    microsomal enzymes in rats (El44) (Ref. 7). There was also no evidence 
    of metabolic adaptation following chronic dosing with sucralose in rats 
    (E057e) (Ref. 3).
        Based on the submitted pharmacokinetics data, the agency concludes 
    that the rabbit metabolism of sucralose is notably different from that 
    of humans in two important aspects: (1) A longer sucralose plasma half-
    life, and (2) the presence of unique urinary sucralose metabolites. 
    Although pharmacokinetic differences between the other tested animals 
    (rats, mice, and dogs) and humans were not as pronounced, the profile 
    for rats was most similar to that for humans. The agency discusses the 
    relevance of these data for the selection of an appropriate animal 
    model in section II.C of this document.
    2. Genotoxicity Testing
        Sucralose and its hydrolysis products were tested in several in 
    vitro and short-term in vivo genotoxicity tests. In the absence of 
    bioassay data, such tests are often used to predict the carcinogenic 
    potential of the test compound. However, in the case of sucralose and 
    its hydrolysis products, chronic toxicity/carcinogenicity bioassay data 
    are also available.
        Sucralose was shown to be nonmutagenic in an Ames test (E0ll) and a 
    rat bone marrow cytogenetic test (E013). Tests for the clastogenic 
    activity of sucralose in a mouse micronucleus test (E0l4) and a 
    chromosomal aberration test in cultured human lymphocytes (E012) were 
    inconclusive. Sucralose was weakly mutagenic in a mouse lymphoma 
    mutation assay (E014).
        The hydrolysis product, 4-CG, was nonmutagenic in the Ames test 
    (E025) and mouse lymphoma assay (E026). 4-CG was nonclastogenic in the 
    chromosomal aberration assay (E0I2). Other assays (human lymphocytes 
    (E012), rat bone marrow (E027)) were inconclusive. Thus, no test on 4-
    CG produced a genotoxic response.
        The other hydrolysis product, 1,6-DCF, was not clastogenic in the 
    chromosomal aberration assay in rat bone marrow (E019). Results of 
    three other genotoxic tests were inconclusive: The chromosomal 
    aberration assay in cultured human lymphocytes (E012), the sex-linked 
    recessive lethal assay in Drosophila melanogaster (E021), and the 
    covalent DNA binding potential study in rats (El48).  1,6-DCF  was  
    weakly  mutagenic  in  the  Ames  test  (E020)  and the  L5178Y  TK+/- 
    assay (EO22 and E024). In an unscheduled DNA synthesis study (El65), 
    1,6-DCF did not induce DNA repair synthesis in isolated rat 
    hepatocytes.
    
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        An equimolar mixture of the hydrolysis products was not genotoxic 
    in the in vivo sister chromatid exchange assay in mice (E150) and was 
    inconclusive in a dominant lethal (mouse) test (E034).
        As the foregoing discussion reflects, both sucralose and its 
    hydrolysis products showed weakly genotoxic responses in some of the 
    genotoxicity tests. More importantly, however, as demonstrated in the 
    2-year rodent bioassays (E053, E055, and E057), there was no evidence 
    of carcinogenic activity for either sucralose or its hydrolysis 
    products as discussed in sections II.B.4.a.i, II.B.4.a.ii, and 
    II.B.4.b.i of this document. Results from these chronic carcinogenicity 
    studies supersede the results observed in the genotoxicity tests 
    because they are more direct and complete tests of carcinogenic 
    potential (Refs. 5, 6, 8, 9, and 10).
    3. Reproductive/Developmental Toxicity Studies.
        Studies were performed in order to evaluate the toxic potential of 
    sucralose and its hydrolysis products on the reproductive systems of 
    mature male and female rats as well as on the postnatal maturation of 
    reproductive functions of offspring through two successive generations. 
    The objective of the teratology studies was to determine the potential 
    effects of sucralose and its hydrolysis products on the developing 
    fetus.
        a. Sucralose--i. Two-generation reproductive toxicity study in rats 
    (E056). In this study, groups of 30 male and 30 female rats of the 
    Sprague-Dawley CD strain were fed sucralose at dose levels of 0.3, 1.0, 
    and 3.0 percent in the diet 10 weeks prior to breeding and throughout 
    two successive generations.
        No treatment-related effects on any of the reproductive endpoints 
    (estrous cycles, mating performance, fertility index, gestation length, 
    gestation index) were observed in either generation. Litter size and 
    offspring viability were also unaffected by sucralose treatment. 
    Decreases in body weight gain of 11 to 25 percent and 2 to 12 percent 
    for adult rats were observed during both premating periods for the 
    first (F1) and second (F2) generations, 
    respectively. Slightly decreased food intake was also observed for both 
    generations (F0, 5 to 9 percent; F1, 3 to 5 
    percent).
        Although significant decreases in the relative thymic weights were 
    noted in the F0 (male and female) and the F1 
    (male and female) rats in this study after dietary administration of 
    sucralose at the high-dose (3 percent) level, because of the nature of 
    the experimental design for reproductive studies, the agency cannot 
    evaluate the toxicological significance of this observation in this 
    study. Thymic and other lymphoidal effects are more appropriately 
    evaluated in immunologic studies that are designed to examine directly 
    parameters of immunologic functions. Such immunotoxicity studies on 
    sucralose are discussed in section II.B.5.b of this document.
        Based upon the results of study E056, the agency concludes that 
    sucralose does not cause any reproductive effects in rats in doses up 
    to 3 percent in the diet (Refs. 5, 10, 11, and 12).
        ii. Teratology study in rats (E030). Sucralose was administered by 
    gavage to groups of 20 pregnant Sprague Dawley CD rats at dose levels 
    of 500, 1,000, and 2,000 mg/kg bw/d from day 6 through day 15 of 
    gestation.
        No treatment-related effects were noted in the dams at necropsy 
    with respect to the number of implantation sites, pre-implantation 
    losses, or post-implantation losses. The number of live young, as well 
    as fetal and placental weights, were also unaffected by treatment. 
    Neither body weight gain nor food consumption were affected by 
    treatment with sucralose.
        Based upon the results of E030, the agency concludes that sucralose 
    did not cause maternal toxicity, embryo toxicity, or fetal toxicity; 
    nor did sucralose induce terata in rats at dose levels up to 2000 mg/kg 
    bw/d (Refs. 5 and 13).
        iii. Teratology study in rabbits (El34). Sucralose was administered 
    by gavage to groups of 16 to 18 pregnant rabbits at dose levels of 0, 
    175, 350, and 700 mg/kg/d during days 6 to 19 of gestation. Uterine 
    contents of the females were examined at termination of the study (day 
    29 of gestation).
        A total of 11 rabbits (1 in the control group, 4 in the 175 mg/kg 
    bw/d group, 2 in the 350 mg/kg bw/d group, and 4 in the 700 mg/kg bw/d 
    group) died or were killed in extremis (near death) because of reasons 
    unrelated to treatment. Two deaths occurred in the high-dose (700 mg/kg 
    bw/d) group that the agency considers treatment-related because they 
    were associated with symptoms (weight loss and reduced food intake) 
    occurring only at the highest dose. Three of the 12 surviving rabbits 
    in the high-dose group were eliminated from the study because they did 
    not become pregnant.
        From the remaining nine pregnant rabbits in the high-dose group 
    only five animals successfully carried to term and produced viable 
    young. The other four females in this group aborted their fetuses. 
    Decreases in the mean number of viable young per litter were also 
    observed in this group. The mean number of post-implantation losses 
    also increased. Gastrointestinal tract disturbances were noted in high-
    dose rabbits. These effects observed at the high-dose level were not 
    seen at either low- or mid-dose levels (Refs. 5, 14, and 15). While 
    maternal and fetal toxicity were observed at the high-dose level, there 
    was no evidence of frank terata at any of the tested dose levels. Thus 
    this study demonstrates that sucralose is not teratogenic in rabbits.
        b. Sucralose hydrolysis products--i. Two-generation reproductive 
    toxicity study in rats (E052). Groups of 30 male and 30 female Sprague-
    Dawley CD rats were fed an equimolar mixture of the sucralose 
    hydrolysis products (4-CG and 1,6-DCF) at dose levels of 0, 200, 600, 
    and 2,000 parts per million (ppm) in the diet for 10 weeks prior to 
    breeding and through two successive generations.
        No treatment-related effects on estrus cycles, mating performance, 
    fertility, length of gestation, litter size, and offspring viability 
    were observed in either generation (F0 or F1 
    generation). During the 10-week premating period for both generations, 
    body weight gain of males was significantly reduced in the high-dose 
    (2,000 ppm) group only. Body weight gain of females was significantly 
    reduced in all treatment groups during this same period of time. 
    Decreased food intake was observed in the high-dose males and females 
    of the F0 generation. In both generations, reduction in 
    weight gain was observed in females during pregnancy and in offspring 
    from birth to weaning. No effect other than reduced body weight gain 
    was related to treatment (Refs. 5, 10, 14, and 16).
        The agency concludes that the administration of the sucralose 
    hydrolysis products in the rat diet at levels up to 2,000 ppm caused no 
    alteration in the reproductive performance of the animals over two 
    generations (Refs. 5 and 16).
        ii. Teratology study in rats (E032). An equimolar mixture of the 
    sucralose hydrolysis products was administered by gavage to groups of 
    20 pregnant Sprague-Dawley rats at dose levels of 30, 90, and 270 mg/kg 
    bw/d, from day 6 to 15 of gestation. The study was terminated on day 21 
    of gestation.
        Results from this study showed no dose-related increase in the 
    incidence of terata among treated groups. Body weight gain of dams in 
    the high-dose group (270 mg/kg bw/d) was significantly reduced, whereas 
    weight gains in the low- and mid-dose dams were comparable to controls. 
    Decreased
    
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    fetal body weights and placental weights were observed at the high 
    dose.
        The agency concludes that the sucralose hydrolysis products did not 
    produce terata in rats when administered at doses up to 270 mg/kg bw/d 
    (Refs. 10 and 13).
        c. Male fertility studies on sucralose and its hydrolysis products 
    in rats (E016, E038, E090, and E107). Some chlorinated monosaccharides 
    have been reported to affect male fertility in rats by interfering with 
    spermatogenesis (Ref. 17). McNeil noted the structural similarity of 
    such compounds to the hydrolysis products of sucralose, and submitted a 
    series of antifertility studies on a series of chlorinated sugars, 
    including sucralose.
        All of the studies were of similar design. Groups of male rats were 
    exposed for 14 days either by gavage or in the diet to 300 micromoles 
    (mol) of either sucralose or one of the chlorosucrose 
    compounds mentioned above. The antifertility compound, 6-chloro-6-
    deoxyglucose, was used as the positive control in these studies. 
    Treated male and untreated female rats were mated 1 and 2 weeks after 
    treatment. Male mating performance and fertility were observed.
        The agency has reviewed these studies and observes that the studies 
    were too short to cover the full cycle of spermatogenesis in rats 
    (Refs. 5 and 18). Because of their short duration, FDA concludes that 
    these studies, considered alone, are insufficient to assess the 
    antifertility potential of sucralose in male rats (Refs. 5 and 18). 
    However, the agency believes that further testing is not necessary 
    because the results from the two-generation reproduction studies 
    adequately address any toxicological concerns regarding the potential 
    antifertility effects of sucralose and its hydrolysis products. As 
    discussed previously, in the two-generation reproduction studies (E052 
    and E056), in which sucralose or its hydrolysis products were fed to 
    rats, no effects on fertility or other reproductive parameters were 
    observed in either male or female rats (see sections II.B.3.a.i and 
    II.B.3.b.i. of this document).
    4. Chronic Toxicity/Carcinogenicity Studies
        A combined chronic toxicity/carcinogenicity study (E057) in rats 
    and a carcinogenicity study in mice (E055) were conducted to study the 
    chronic toxicity and carcinogenic potential of sucralose when 
    administered to rodents over most of their lifetime. Because human 
    exposure to sucralose could possibly occur during in utero development, 
    an in utero phase was included in the rat study. A chronic (1-year) 
    study on sucralose was also performed in dogs (E051) in order to assess 
    the effects of sucralose administration in a nonrodent species. In 
    addition, a 2-year carcinogenicity study in rats (E053) was carried out 
    to study the chronic toxicity and carcinogenic potential of sucralose 
    hydrolysis products.
        a. Sucralose--i. Combined chronic toxicity/carcinogenicity study in 
    rats (E057). This study consisted of a breeding phase, a 
    carcinogenicity phase, and a chronic toxicity phase. The 
    carcinogenicity and chronic toxicity phases were concurrently performed 
    in this study. The breeding phase of this study examined the potential 
    in utero effects of sucralose during development. During this phase 
    parental (F0) Sprague-Dawley CD rats, 70 males and 70 
    females per group, were fed diets containing 0, 0.3, 1, or 3 percent 
    sucralose for a 4-week period prior to mating and during gestation. One 
    male and one female weanling pup were selected from each of 50 litters 
    and allocated to the appropriate group of the carcinogenicity phase. 
    Additional rats (30 per sex per group) were selected for the chronic 
    toxicity phase of this study.
        Rats in each of the groups of this study were gang-housed, five 
    animals per sex per cage. After 52 weeks of sucralose treatment, an 
    interim sacrifice was performed on 15 males and 15 females from each 
    group of the chronic toxicity phase of the study. The remaining 
    surviving rats in this phase of the study were sacrificed at treatment 
    week 78. In the carcinogenicity phase, surviving rats were sacrificed 
    at week 104. In both phases of the study, classic toxicological 
    parameters such as mortality, body weight, hematology, clinical 
    chemistry, and organ weights were examined in treated and control rats. 
    Food consumption was calculated weekly from the total weight of food 
    consumed by each cage of rats. Histopathological examinations were 
    performed on representative tissues from control and high-dose rats.
        Sucralose treatment had no effect on reproductive performance or on 
    fertility of the parental rats during the breeding phase. In both the 
    chronic toxicity and carcinogenicity phases of the study, survival of 
    rats was unaffected by sucralose treatment.
        In the carcinogenicity phase, there was no evidence of treatment-
    related neoplasia in any of the rats (Ref. 19). McNeil reported an 
    apparent increased incidence of male rats with hepatocellular clear 
    cell foci. FDA pathologists reviewed the liver histopathology slides 
    from this study that were obtained from McNeil. The agency's 
    pathologists observed that the increase in the incidence of male rats 
    with hepatocellular clear cell foci was only marginal and that there 
    was no concomitant increase in the severity of this lesion among the 
    treated animals. Therefore, the agency concludes that the occurrence of 
    hepatocellular clear cell foci was incidental and not treatment-related 
    (Refs. 5 and 20).
        Renal pelvic mineralization and epithelial hyperplasia were noted 
    at higher incidences among treated rats in both the chronic toxicity 
    and the carcinogenicity phases of study E057. These changes were 
    observed primarily in the high-dose females. The degree of severity of 
    these lesions was reported as minimal or slight. McNeil concluded that 
    these changes are of no toxicological significance.
        FDA evaluated these changes and noted that: (1) It is not unusual 
    to observe such lesions in aged rats, especially in females (Ref. 21). 
    In this study (E057), the rats were at or near the end of their 
    expected lifetime at the time of sacrifice; and (2) mineralization of 
    the renal pelvis represents a physiological adaptation secondary to 
    cecal enlargement. Cecal enlargement is often seen with other 
    substances that are poorly absorbed in the upper intestine and can be 
    expected in a study like this with a poorly absorbed substance like 
    sucralose (Refs. 21, 22, 23, 25, and 26). Based on the previously 
    mentioned reasons, FDA concludes that the renal pelvic mineralization 
    and epithelial hyperplasia observed are of no toxicological 
    significance (Refs. 6 and 26).
        Decreased body weight gain was observed in all sucralose treated 
    animals in both the carcinogenicity and chronic toxicity phases of this 
    study. At the end of the carcinogenicity phase, mean body weight gain 
    in sucralose-fed rats was 13 to 26 percent less than that of the 
    control group. Food consumption in the treated groups during this phase 
    was 5 to 11 percent less than that of the control values. At the end of 
    the chronic toxicity phase, a reduction of 12 to 25 percent in the body 
    weight gain was observed in the treated rats relative to controls, 
    whereas food intake in the treated rats was reduced only 5 to 10 
    percent compared to controls.
        McNeil postulated that this body weight gain decrement effect was 
    the result of reduced palatability of sucralose-containing diets. 
    However, based on the data in this study, as well as in all other rat 
    studies in the sucralose petition, the agency was unable to conclude 
    that reduced palatability, which affected food
    
    [[Page 16422]]
    
    consumption, fully accounted for the decreased body weight gain 
    observed in sucralose-fed rats (Ref. 27). Thus, the agency recommended 
    that McNeil perform additional testing to resolve the body weight gain 
    issue (Ref. 28). In the absence of such testing, FDA could not 
    determine a no-observed-effect level for this study (E057). The body 
    weight gain issue is discussed in detail in section II.B.5.a of this 
    document.
        ii. Carcinogenicity study in mice (E055). In this study, Charles 
    River CD-1 mice, 52 animals per sex per group, were gang-caged (4 mice 
    per cage) and fed sucralose at 0, 0.3, 1.0, and 3.0 percent in the diet 
    for 104 weeks. At the termination of the study, survival and classic 
    toxicological parameters were examined for treated and control mice.
        Survival rates were comparable for control and treated groups. Mean 
    body weight gains in both male and female mice in the high dose (3 
    percent) group were significantly reduced (21 to 25 percent) relative 
    to controls for the 104-week treatment period, without any significant 
    decreases in food consumption. Of other toxicological parameters 
    examined, significant decreases were observed only in the erythrocyte 
    counts of females in the high-dose group. There was no evidence of 
    treatment-related neoplasia in any of the sucralose-treated groups 
    (Ref. 19).
        Based on the effects seen on body weight gain and the erythrocytic 
    counts at the high-dose level, the agency concludes that a dietary 
    level of 1 percent (equivalent to 1,500 mg/kg bw/d) was the no-
    observed-effect level for sucralose (Refs. 5 and 29).
        iii. Chronic toxicity study in dogs (E051). Groups of four male and 
    four female beagle dogs were fed sucralose at concentrations of 0, 0.3, 
    1.0, and 3.0 percent in the diet for 52 weeks. Parameters examined in 
    this study included mortality, body weight, food consumption, 
    hematology, clinical chemistry, urinalysis, and histopathology.
        An increase in body weight gain of sucralose-treated male dogs 
    relative to controls was observed at all dose levels. However, this 
    increase in weight gain was accompanied by a general increase in food 
    consumption. All other parameters examined in this study were 
    comparable between treated and control animals.
        Because there were no toxic effects seen at any dose tested, the 
    agency concludes that a dietary level of 3 percent (equivalent to 750 
    mg/kg bw/d) is the no-observed-effect level for sucralose in dogs 
    (Refs. 5 and 30).
        b. Sucralose hydrolysis products--carcinogenicity study in rats 
    (E053). In this study, groups of 50 male and 50 female Sprague-Dawley 
    CD rats were administered an equimolar mixture of the hydrolysis 
    products (4-CG and 1,6-DCF) at concentrations of 0, 200, 600, and 2,000 
    ppm in the diet for 104 weeks.
        There was no evidence of treatment-related neoplasia in any of the 
    dose groups in this study. A marginal increase in the incidence of 
    hepatocellular clear cell foci was reported in treated male and female 
    rats. The agency determined, however, that this was not a treatment-
    related effect because there was no concomitant increase in severity of 
    the hepatic lesion (Refs. 19 and 20). Thus, the agency concludes that 
    the sucralose hydrolysis products are not carcinogenic to Sprague-
    Dawley CD rats when administered as an equimolar mixture in the diet at 
    concentrations up to 2,000 ppm (Refs. 5, 19, and 31).
        In this study, the mean body weight gain of the high-dose females 
    was significantly decreased (24 percent) relative to the control mean 
    after 104 weeks of treatment. Mean food consumption in these females 
    over the 104-week period was also reduced 14 percent compared to the 
    control group. The agency could not determine whether the body weight 
    gain decrement observed at the high-dose level in this study was fully 
    accounted for by decreased food intake. Therefore, the agency concludes 
    that, in rats, the mid-dose (600 ppm equivalent to 30 mg/kg bw/d) is 
    the no-observed-effect level for the hydrolysis products of sucralose 
    (Refs. 5 and 10).
    5. Special Toxicological Studies
        a. Body weight gain. As noted previously, the agency's review of 
    the rat data submitted in the original petition raised questions 
    regarding the effect of sucralose on body weight gain (Ref. 27). 
    Sucralose-fed rats in the subchronic and chronic studies showed 
    significant decreases in body weight gain with only small reductions in 
    food consumption (Ref. 27).
        In particular, in the combined chronic toxicity/carcinogenicity rat 
    study (E057), decreases of 13 to 26 percent in body weight gain were 
    observed in sucralose-fed rats that had reductions in food consumption 
    of only 5 to 11 percent compared to controls (Ref. 27). Although the 
    treated rats ate less food, the reductions in food intake did not 
    appear to account fully for the decreased weight gain. McNeil contended 
    primarily that reduced palatability of the sucralose-containing diet 
    caused treated animals to eat less and thus gain less weight. McNeil 
    stated that, collectively, data obtained from the sucralose 
    acceptability study (El30 and E143), sucralose pair-feeding study 
    (E058), gavage study (El5l), and a diet spillage study (El54) supported 
    their claim that palatability fully accounted for the reduced body 
    weight gain (Ref. 32). Finally, McNeil also contended that this effect 
    was neither a toxic effect nor biologically significant. The studies 
    upon which McNeil relied are discussed followed by the agency's 
    discussion of its evaluation of those studies.
        i. The Palatability hypothesis--(1) Acceptability studies in rats 
    (El30 and E143). Several studies were conducted to evaluate the 
    acceptability and palatability of sucralose when administered to rats 
    via drinking water or in the diet. Data from these rat studies showed 
    that sucralose was acceptable in drinking water at levels up to 3,200 
    ppm. However, reduced food consumption was seen in rats that were 
    administered sucralose in the diet at levels greater than 800 ppm.
        (2) Pair-feeding study in rats (E058). Pair-feeding is an 
    experimental procedure where two groups of animals are fed the same 
    amount of diet. Thus, if there are differences in the body weight gain 
    of these two groups of animals, it is due to an effect of the test 
    substance and not due to differences in the amount of food consumed by 
    the two groups of animals.
        There were five groups of female Sprague-Dawley CD rats in this 
    study. Initially, rats were grouped into various categories on the 
    bases of body weight. Twenty rats were randomly selected from each of 
    the weight categories and assigned to each of the five groups. One 
    group was fed 3 percent sucralose in the diet (unrestricted access) for 
    8 weeks. Animals in the pair-fed group were fed a daily amount of basal 
    diet equivalent to the mean food intake consumed on the previous day by 
    the 3-percent sucralose dose group. In a third group, an ad libitum 
    control group, rats received unrestricted access to basal diet. A 
    fourth group was administered sucralose by gavage in amounts equivalent 
    to that fed in the 3-percent dietary group. A fifth group served as a 
    control group for the sucralose-gavaged rats and received distilled 
    water by gavage.
        Significant decreases in food consumption and body weight gain were 
    observed in both the 3-percent dietary administration group and its 
    pair-fed control group relative to ad libitum controls. Rats dosed with 
    sucralose by gavage consumed significantly more food and gained 
    significantly more weight than those receiving the water control.
    
    [[Page 16423]]
    
        (3) 4- to 13-week sucralose oral gavage study in rats (El5l). 
    Because administration by gavage circumvents effects due to dietary 
    administration of an unpalatable test material, McNeil performed a 
    study to investigate the effects of sucralose in rats, when 
    administered by gavage. In this study, groups of Sprague-Dawley rats, 
    10 per sex per group, were administered sucralose at doses of 2,000 mg/
    kg bw/d for 13 weeks, 3,000 mg/kg bw/d for 9 weeks, or 4,000 mg/kg bw/d 
    for 4 weeks. Control rats (10 to 15 per sex) were sacrificed 
    concurrently at each of the time intervals along with the sucralose-
    treated rats.
        There were no treatment-related gross or histopathological changes 
    observed nor effects noted for urine and clinical chemistry parameters. 
    The average food consumption for all sucralose dosed rats was 
    consistently greater than that of the controls (104 to 108 percent of 
    the controls). Mean final body weights were also greater in the 
    sucralose treated rats compared to controls (103 to 109 percent).
        (4) Diet spillage study in rats (El54). McNeil performed a study to 
    determine whether the decreased body weight gain observed in several of 
    the rat studies, including the combined chronic toxicity/
    carcinogenicity study, was due, in part, to increased spillage of 
    sucralose-containing diet. If there was greater spillage of the 
    sucralose-containing diet than that seen in controls, then the 
    sucralose-treated animals were eating even less than they appeared to 
    consume. In this 8-week study, three groups of Sprague-Dawley rats (15 
    per sex per group) were individually housed and fed either basal diet 
    or basal diet containing sucralose at dose levels of 3 percent or 5 
    percent. Although overall diet spillage was significantly higher in the 
    sucralose-treated rats compared to controls, this difference existed 
    only for the first 2 weeks. Treated rats (both sexes) consumed 5 to 8 
    percent less food than controls. This decreased food intake was 
    associated with a 10 to 15 percent depression in weight gain.
        ii. The agency's evaluation of the palatability hypothesis. From 
    its interpretation of the data in the acceptability studies (EI30 and 
    E143), pair-feeding study (E058), gavage study (El5l), and diet 
    spillage study (El54), McNeil identified three factors that the company 
    believed led to the decrement in body weight gain observed in the 
    combined chronic toxicity/carcinogenicity study in rats (E057): (1) 
    Decreased food consumption due to poor palatability and increased 
    spillage of the sucralose-containing diet; (2) inhibition of growth 
    potential in sucralose-fed F1 generation rats due to 
    decreased initial body weight resulting from decreased maternal weights 
    of the treated rats; and (3) magnification of the body weight gain 
    effect with increases in study duration.
        While the agency accepted the physiological and nutritional 
    principles presented by McNeil, the agency concluded that McNeil's 
    arguments did not explain fully the magnitude of the decrement in body 
    weight gain in the sucralose-fed rats of the combined chronic toxicity/
    carcinogenicity study (E057) for the following reasons.
        The agency disagreed with the petitioner's contention that in the 
    combined chronic toxicity/carcinogenicity study (E057), a consistent 
    decrease in food consumption was demonstrated at all dose levels. The 
    agency determined that this study (E057) did not adequately measure 
    food consumption and did not adequately account for diet spillage. 
    Furthermore, the agency determined that in many of the sucralose rat 
    studies food consumption decreases were not of sufficient magnitude to 
    account for the observed body weight gain decrements seen in the 
    sucralose-fed rats of these studies (Ref. 27). Inadequacies in the 
    measuring of food consumption and the monitoring of spilled diets also 
    confounded the interpretation of the pair-feeding study (E058) (Refs. 
    10 and 27).
        The agency also disagreed that decreased initial body weights 
    accounted for the weight gain decrement in sucralose treated rats in 
    study E057. Although maternal weights were slightly decreased (93 to 97 
    percent of controls) on day 1 of lactation, this small difference was 
    not large enough to sufficiently explain the body weight differences of 
    the lactating pups (Ref. 27). In fact, maternal weights of the 
    sucralose-fed rats were not significantly different from those of the 
    control rats during days 14 to 21 of lactation (Ref. 27). Differences 
    in initial body weights of the F1 pups (4 to 8 percent 
    decreases) of the combined chronic/carcinogenicity study (E057) were 
    not sufficient to explain the magnitude of the final body weight gain 
    decrements of these rats (Ref. 27).
        Finally, although FDA agreed with the general principle that long-
    term food intake disparity will result in increasing differences in 
    body weight gain over time, FDA concluded that this principle alone did 
    not account for the degree of magnification of body weight gain 
    decrement compared to the small reductions in food consumption seen in 
    the sucralose studies (Ref. 27).
        Based on the foregoing reasoning, FDA concluded that the 
    acceptability studies (El30 and E143), pair-feeding study (E058), 4- to 
    13-week gavage study (El5l), and the diet spillage study (El54) did not 
    adequately explain the magnitude of decreased body weight gain relative 
    to the level of reduced food consumption, in the combined chronic/
    carcinogenicity study (E057). The agency thus concluded that McNeil had 
    failed to explain satisfactorily the observed body weight gain 
    decrement and that additional study data were needed to resolve this 
    issue (Ref. 28). McNeil subsequently conducted two studies (E160 and 
    E161) in rats to resolve the body weight gain decrement issue.
        iii. Resolution of the body weight gain decrement issue--(1) 
    Sucralose dietary administration and dietary restriction study in rats 
    (El60). McNeil agreed to perform an additional sucralose feeding study 
    (the diet restriction study, E160) to attempt to resolve the body 
    weight gain decrement issue and to test the petitioner's palatability 
    hypothesis. The specific purpose of the study was twofold: To determine 
    whether the weight gain decrement observed in the sucralose-fed rats of 
    the combined chronic toxicity/carcinogenicity study (E057) could be 
    explained solely by decreased food consumption; and to establish a 
    ``no-observed-effect'' level for the body weight gain decrement effect 
    after chronic administration of sucralose.
        In study E160, Sprague-Dawley CD rats were divided into eight 
    groups (20 animals per sex per group). Three groups were fed ad libitum 
    basal diet that contained 0, 1, or 3 percent sucralose. Three groups 
    were fed restricted amounts of basal diet at levels that were 85, 90, 
    or 95 percent of that eaten by the ad libitum controls. Two other 
    groups were fed restricted diets (90 percent of ad libitum controls) 
    that also contained sucralose at a concentration of 1 percent or 3 
    percent. The groups were as follows:
    
         Group 1 Control--basal diet ad libitum
         Group 2 Control--basal diet 95 percent of Group 1
         Group 3 Control--basal diet 90 percent of Group I
         Group 4 Control--basal diet 85 percent of Group 1
         Group 5 1-percent sucralose--ad libitum
         Group 6 3-percent sucralose--ad libitum
         Group 7 1-percent sucralose--90 percent of Group 1
         Group 8 3-percent sucralose--90 percent of Group I
    
    [[Page 16424]]
    
        Special experimental designs, including single-housing of the test 
    animals, accurate weighing of spilled diet, and utilization of special 
    feed jars, were incorporated into this study to ensure the highest 
    level of accuracy in the measuring and reporting of food intake. Body 
    weight, body weight gain, food consumption, and food conversion 
    efficiency data were collected for each of the groups. Overall survival 
    was unaffected by the feeding of sucralose at doses up to 3 percent for 
    the duration of the study. The agency evaluated the data from this 
    study using two separate statistical procedures. In the first 
    comparison, data from control groups 1 to 4 were combined and fitted 
    (separately for males and females) with a polynomial regression model 
    that showed final body weight gain as a function of initial body weight 
    and food consumption. Data for each of the sucralose groups were also 
    fitted with this mathematical model and compared to the data from the 
    combined control groups.
        In the second comparison, mean food consumption was calculated for 
    each sucralose group. Using the regression models, FDA calculated the 
    expected body weight gain for animals at the mean food consumption for 
    both the combined control groups and the sucralose groups. The 
    calculated body weight for each sucralose group was then compared to 
    the combined control group at the mean food consumption.
        For both sexes, with both statistical procedures, the 3-percent 
    sucralose groups (Groups 6 and 8) showed significant decrements in body 
    weight gain relative to the combined control groups (Ref. 33). 
    Decrements of 3.9 to 6.3 percent were observed in the mean body weights 
    of the 3-percent sucralose-fed groups after adjustment for food 
    consumption and initial body weight differences. Thus food consumption 
    only partially accounted for the weight gain decrement observed in the 
    3-percent sucralose-fed rats. Weight decrements in the males of the 3-
    percent dose group stabilized by 15 weeks; in the females, differences 
    stabilized at 20 weeks. Therefore, FDA concludes that the duration of 
    this study (26 weeks) was sufficient to evaluate weight gain decrement 
    effects.
        In both the 1-percent sucralose group and the 1-percent sucralose 
    with l0-percent diet restriction group, adjusted mean body weights were 
    comparable to those of the combined control data (Ref. 33). Therefore, 
    FDA determined that reduced food consumption accounted fully for weight 
    gain differences in the 1-percent sucralose-fed group.
        Based upon the data from this study, the agency concludes that 
    treatment with sucralose at 1 percent in the diet had no effect on body 
    weight gain in rats. The same data establish that rats fed sucralose at 
    a concentration of 3 percent of the diet did show significant decreases 
    in weight gain which were attributable to the test substance. The 
    agency further concludes that, based upon this study, the 1-percent 
    dose level (equivalent to the 500 mg/kg bw/d dose in study E057) is the 
    no-observed-effect level for the body weight gain effect observed in 
    sucralose-treated rats in this study (Ref. 34).
        (2) Sucralose toxicity study by oral (gavage) administration to 
    Sprague-Dawley CD rats for 26-weeks (El6l). McNeil submitted a 26-week 
    gavage study (El6l) in rats that was designed to: (1) Provide further 
    support for their contention that the body weight gain decrement seen 
    in sucralose fed rats could be explained solely by decreased food 
    intake caused by the reduced palatability of sucralose-containing diet; 
    (2) confirm the data in the 4- to 13-week sucralose oral gavage study 
    (EI51); and (3) to address inadequacies in the experimental design of 
    the 4- to 13-week sucralose oral gavage study (El5l).
        In this 26-week study, sucralose was administered orally to 
    Sprague-Dawley CD rats, 20 rats per sex per group, by gavage at dosages 
    of 0, 750, 1,500, or 3,000 mg/kg bw/d. Rats in the control group were 
    gavaged with purified water. Body weight, water consumption, and food 
    consumption data were recorded for all groups. Routine hematological 
    and clinical chemistry parameters were measured. Organ weight data also 
    were recorded. Histopathological examinations were performed on 
    representative vital tissues from the control and high-dose groups. 
    Histopathological examinations were performed also on all abnormal 
    tissues.
        Seven deaths occurred during the study that were attributed either 
    to spontaneous causes not related to treatment or technical trauma 
    during dosing: 2 males, 0 mg/kg bw/d dose; 1 male and 2 females, 1,500 
    mg/kg bw/d dose; and 1 male and 1 female, 3,000 mg/kg bw/d dose. 
    Overall body weights of the animals in the sucralose-treated groups 
    were not significantly different from those of the control group during 
    the length of the study. The mean food consumption in the sucralose-
    gavaged rats was similar to that seen in the controls, except in the 
    high-dose males. Food intake for the high-dose males was 3.9 percent 
    greater than that of the control rats.
        After making adjustments for initial body weight and food 
    consumption, the agency performed a statistical analysis on the final 
    body weight data using polynomial regression analysis. This analysis 
    showed that the adjusted final body weight of the high-dose males was 
    significantly decreased (4.6 percent; p = 0.035) relative to that of 
    the control group. The adjusted mean body weights of all other groups 
    were not significantly different from the controls.
        Water consumption was significantly increased in the sucralose-
    treated rats relative to controls. There were no treatment-related 
    effects seen in any of the hematological or clinical chemistry 
    parameters tested. Cecal enlargement was the only effect of sucralose 
    that was dose-related among both sexes of the sucralose-gavaged rats. 
    As discussed previously in section II.B.4.i of this document, this 
    effect is a normal physiological adaptation to poorly absorbed dietary 
    components and not related to toxicity. The relative kidney weight of 
    the high-dose group also was significantly increased when compared to 
    the control group. However, this kidney effect was not associated with 
    any toxicologically significant renal histopathology. Additionally, the 
    plasma electrolytes of the sucralose-treated rats in this study were 
    comparable to that seen in control animals.
        As with the diet restriction study (El60), decreased body weight 
    gain was observed in the sucralose-treated rats of the high-dose group. 
    The agency concludes that the mid-dose (1,500 mg/kg bw/d) is the no-
    observed-effect level for the body weight gain effect observed in this 
    study (El6l) (Refs. 35 and 36).
        b. Immunotoxicity study in rats. As reported by McNeil and as noted 
    in the agency's review of the sucralose data, thymus, spleen, and 
    hematological changes were observed in rats at the high-dose levels in 
    some of the short-term and long-term sucralose feeding studies. For 
    example, when rats were fed sucralose in a 4- to 8-week range-finding 
    study (E031) the following effects were noted: Decreased thymus and 
    spleen weights, lymphocytopenia, and cortical hypoplasia of the spleen 
    and thymus. In the two-generation reproductive toxicity study (E056), 
    decreased thymus weights were noted in the F0 and 
    F1 generations of the high-dose sucralose (3 percent in the 
    diet) group. McNeil stated that the above effects were secondary to the 
    palatability-related reduction in food consumption in treated rats.
        In an effort to provide more specific and detailed assessment of 
    the immunotoxic potential of sucralose, the petitioner conducted a 28-
    day oral immunotoxicity study (El62) of
    
    [[Page 16425]]
    
    sucralose in rats. In this study, groups of male and female Sprague-
    Dawley rats (13 per sex per group) were administered sucralose by 
    gavage at dose levels of 750, 1,500, and 3,000 mg/kg bw/d for 28 days. 
    Additional groups (13 per sex per group) of rats formed a gavage 
    control group, an ad libitum diet control group, a dietary sucralose 
    (3,000 mg/kg bw/d) group, and a diet restricted (90 percent of ad 
    libitum control) group.
        Immunotoxicological parameters examined in this study were: Thymus 
    and spleen weights at study termination; standard histopathology 
    evaluation of the spleen, thymus, bone marrow, and lymph nodes; and 
    total and differential white blood cell counts. The study also examined 
    the following specific immunologic parameters: Bone marrow cellularity, 
    immunoglobulin subtypes, splenic lymphocyte subsets, and splenic 
    natural killer cell activity.
        Significant decreases were observed in the mean thymus weight of 
    the males in the high dose (3,000 mg/kg bw/d) gavage group. Thymus 
    weight was not significantly affected by sucralose when administered to 
    rats by gavage at either 1,500 or 750 mg/kg bw/d; nor was it affected 
    in the sucralose-fed group or the diet restricted group. No 
    morphological changes in thymus or any other lymphoid tissues were 
    observed in any of the sucralose treated groups.
        In the mid-dose (1,500 mg/kg bw/d) sucralose-gavaged male rats, 
    there appeared to be a trend toward decreasing white blood cell and 
    lymphocyte counts with increasing dose levels of sucralose, but the 
    trend did not reach statistical significance. No significant 
    differences were seen in other immunologic parameters in the sucralose 
    gavage groups relative to the control gavage group. However, because of 
    the large variation seen in the data from the gavaged animals at the 
    mid-dose, the agency finds that the study is inconclusive regarding 
    treatment-related effects for these parameters at the mid-dose.
        The agency concludes that the highest dose (3,000 mg/kg bw/d) 
    tested in the gavage groups showed an effect based on the significant 
    changes in thymus weight. Because of the difficulty in interpreting 
    data from the mid-dose animals, the agency has determined that the low 
    dose, 750 mg/kg bw/d, is the no-observed-effect level for the 
    immunological endpoints examined in this study (Ref. 37).
        c. Neurotoxicity testing in mice and monkeys (E008 and E009). The 
    chlorinated monosaccharide, 6-chloro-6-deoxy-D-glucose (6-CG), is known 
    to be neurotoxic to laboratory animals (Refs. 38 and 39). Because 
    sucralose is a chlorinated disaccharide, McNeil conducted two 
    neurotoxicity studies, one in mice (E008) and one in monkeys (E009). 
    The positive control in these studies, 6-CG, produced strong clinical 
    signs of neurotoxicity, as well as severe morphological changes in the 
    tissues of the central nervous system (CNS). Animals receiving 
    sucralose or an equimolar mixture of sucralose hydrolysis products at 
    doses up to 1,000 mg/kg bw/d did not exhibit any clinical signs of 
    neurotoxicity or morphological changes in CNS tissues (Refs. 5 and 40). 
    The agency concludes that the lack of neurotoxic effects by both 
    sucralose and its hydrolysis products at the tested dose levels in 
    these studies provides assurance that sucralose used as a food additive 
    under the proposed conditions of use will not produce neurotoxic 
    effects.
        d. Diabetic studies in humans (EI56, E157, E168, E170, E171). In an 
    effort to provide an assessment of any potential effect sucralose use 
    would have on the diabetic population, the petitioner performed a 
    series of clinical studies on diabetic patients. The results obtained 
    from those studies are discussed in this section of this document.
        A single-dose cross-over study (E156) was performed in 13 insulin-
    dependent (IDDM or Type I diabetics) and 13 non-insulin dependent 
    (NIDDM or Type II diabetics) patients to evaluate the effects of a 
    single dose of sucralose (1,000 mg) on short-term glucose homeostasis. 
    Fasting plasma glucose area under the curve (AUC) and fasting serum C-
    peptide AUC were measured after the consumption of a standardized 
    liquid breakfast meal. This study showed that neither plasma glucose 
    nor serum C-peptide levels were affected by this single dose 
    administration of sucralose in these patients. From this study the 
    agency concludes that sucralose does not adversely affect short-term 
    glycemic control in persons with diabetes mellitus (Ref. 41 ).
        A 6-month clinical study (E157) was performed investigating the 
    effect of sucralose (667 mg/d through oral administration) on glucose 
    homeostasis in patients with NIDDM (Type II diabetes). The study was 
    divided into a screening phase, a testing phase, and a followup phase. 
    Forty-one patients participated in the testing phase of the study. The 
    41 patients were divided into two groups: 20 patients whose diabetes 
    was managed by insulin and 21 managed by oral hypoglycemic agents 
    (OHA's). Each of these two groups were further subdivided into a 
    sucralose group and a placebo group. Percent concentration of 
    glycosylated hemoglobin (HbA1c) was the primary measure of long-term 
    glycemic control in this study. In addition, the following parameters 
    of glucose homeostasis were measured: (1) Fasting levels of plasma 
    glucose, serum C-peptide, and serum insulin; and (2) postprandial 
    measures of plasma glucose, serum C-peptide, and serum insulin. These 
    parameters were measured after 0, 1, 3, and 6 months of treatment with 
    either sucralose or a placebo (cellulose).
        The results from this study showed a small but statistically 
    significant increase in the glycosylation of hemoglobin (HbA1c) from 
    baseline levels in the sucralose-treated group compared to that seen in 
    the placebo group (dataset 1: mean difference of 0.007 percent, p = 
    0.005; dataset 2: mean difference of 0.006 percent, p = 0.012) (Ref. 
    42). This HbA1c effect was observed in the sucralose-treated group at 1 
    month of treatment and did not significantly increase to higher levels 
    throughout the remainder of the study (mean difference range of 0.006 
    to 0.008 percent, p 0.0043). Overall, during the test phase 
    of the study, no statistically significant changes from baseline were 
    observed in any of the secondary measurements of glucose homeostasis 
    (ie., plasma glucose and serum C-peptide and insulin concentrations). 
    Because of the small patient group sizes in this study, the ultimate 
    clinical significance of the observed HbA1c effect could not be 
    determined (Ref. 42). However, generally speaking, increases in 
    glycosylation in hemoglobin imply lessening of control of diabetes. 
    Thus, the petitioner performed studies E168 and E170 in an attempt to 
    provide an explanation for the observed HbA1c effect.
        In study E168 McNeil performed a series of tests to determine 
    whether the increased HbA1c levels observed in study E157 were an 
    artifact of measurement (e.g. interferences related to methodology) or 
    a direct effect of sucralose on the rate of hemoglobin glycation. These 
    tests included a reanalysis of blood samples from study E157 for 
    glycohemoglobin levels; an investigation of the procedures used to 
    measure glycated hemoglobin; and an analysis of the effects of 
    sucralose on glycation of hemoglobin in hemolysates versus intact 
    erythrocytes. Results from these tests confirmed that in E157, HbA1c 
    levels were increased in the sucralose-treated diabetic patients and 
    showed that sucralose had no direct effect on the rate of hemoglobin 
    glycation.
        In study E170, red cell preparations from the blood of diabetic and 
    non-diabetic patients were treated with
    
    [[Page 16426]]
    
    sucralose (100 mg per liter) to investigate the rate of formation of 
    glycated hemoglobin in the blood. The results of this study showed that 
    sucralose did not affect the rate of formation of glycated hemoglobin 
    (Ref. 42). Thus, there was no evidence that a physicochemical or other 
    influence by sucralose might explain the increased glycation of 
    hemoglobin.
        Because studies E168 and E170 did not provide an explanation for 
    the HbA1c effect observed in study E157, study E171 was performed as a 
    repeat study of E157 with a better experimental design, in that E171 
    had larger patient group sizes and stronger statistical power (90 
    percent versus 80 percent in study E157) to detect an effect by 
    sucralose on hemoglobin glycation. The 3-month duration for study E171 
    was deemed adequate because the increased HbA1c levels that were seen 
    at one month of treatment in study E157 did not increase any further at 
    any of the later time points tested in the study. In study E171, 136 
    NIDDM patients were divided into two groups based on their diabetic 
    therapy (64 taking insulin and 72 on OHA's). Each of these two groups 
    were subdivided equally into a sucralose and placebo group. The study 
    was divided into a screening phase, a testing phase, and a followup 
    phase. Glycosylated hemoglobin (HbA1c) was the primary measure of 
    glucose homeostasis; in addition, the secondary parameters, fasting 
    plasma glucose and serum C-peptide, were measured. Serum insulin levels 
    were not measured in this study.
        Results from study E171 showed no statistically significant changes 
    from baseline in the HbA1c levels or any of the other measured 
    parameters of glucose homeostasis in the sucralose-treated groups 
    relative to the placebo control group. The agency concludes from the 
    results of this study that sucralose (667 mg/d) has no effect on long-
    term glucose homeostasis (as measured by HbA1c) in patients with NIDDM 
    (Refs. 43 and 44). The agency further concludes that the small but 
    statistically significant decline in glycemic control that was observed 
    in the sucralose-treated groups in study E157 was not a clinically 
    significant effect because this effect was not duplicated in a repeat 
    study (study E171) that had a greater statistical power (Ref. 43).
        Therefore, based upon the clinical studies of sucralose, FDA 
    concludes that sucralose does not adversely affect glucose homeostasis 
    in patients with diabetes mellitus.
    
    C. Acceptable Daily Intake Estimates for Sucralose
    
         Based on a comprehensive review of the sucralose data base, the 
    agency has selected the rat as the most appropriate experimental model 
    to establish a safe level of sucralose for human ingestion. This 
    selection was based on the following considerations:
        (1) The pharmacokinetics data show that the sucralose metabolite 
    profile in rats was qualitatively comparable to that in humans.
        (2) In the combined chronic toxicity/carcinogenicity rat study 
    (E057) with sucralose, the animals were exposed in utero, which 
    maximizes the toxicological testing sensitivity.
        (3) The combined chronic toxicity/carcinogenicity rat studies 
    (E057) and the carcinogenicity study in rats (E053) were designed to 
    test the toxic potential of sucralose and its hydrolysis products for a 
    duration approximating the lifespan of the species. The agency 
    historically uses life-time studies for safety evaluation of this type 
    of food additive. Such testing effectively allows for the assessment of 
    chronic toxicity including the carcinogenic potential of sucralose.
        (4) The majority of the sucralose toxicological data base consists 
    of rat studies, thereby allowing a more comprehensive safety evaluation 
    of sucralose in that species. For these reasons, the agency concludes 
    that the combined chronic toxicity/carcinogenicity study (E057) in 
    rats, interpreted in light of the no-observed-effect level established 
    in other studies (El60, E161, and E162), provides the most appropriate 
    basis for establishing the ADI for sucralose (Refs. 4 and 10). Data in 
    study E057 showed that sucralose was not carcinogenic to rats at 
    concentrations up to 3 percent (1,500 mg/kg bw/d). No toxicologically 
    significant changes in hematology, clinical chemistry, organ weights, 
    or urinalysis were observed in the sucralose-treated rats in this 
    study. Macroscopic and microscopic examinations of the tissues from 
    these sucralose-treated rats revealed no significant treatment-related 
    toxicological effects.
        The only treatment-related effect seen in the sucralose-fed rats of 
    this study was decreased body weight gain at the 3-percent dose level. 
    The relationship of this effect to treatment at the 3-percent dose 
    level was corroborated by the diet restriction study (El60). In the 
    diet restriction study (El60), the 1-percent dose level (equivalent to 
    500 mg/kg bw/d dose in study E057) was established as the no-observed-
    effect level of sucralose for the observed body weight gain decrement 
    effect (Refs. 10 and 34).
        Using the no-observed-effect level of 500 mg/kg bw/d and applying a 
    100-fold safety factor, the agency has determined an ADI of 5 mg/kg bw/
    d for sucralose. This ADI estimate is well above the 90th-percentile 
    EDI for sucralose of 1.6 mg/kg bw/d (Refs. 10 and 45).
        The agency concludes that the 2-year rat carcinogenicity study 
    (E053) on the sucralose hydrolysis products established a no-observed-
    effect level at the 0.6 percent dose level (equivalent to 30 mg/kg bw/
    d). Therefore, the agency has no safety concerns about the sucralose 
    hydrolysis products at their anticipated levels of intake (0.0048 mg/kg 
    bw/d) because of the substantial margin of safety between these levels 
    and the no-observed-effect level.
    
    III. Comments
    
        The agency received several comments on McNeil's sucralose 
    petition. Several comments supported amending the food additive 
    regulations for the safe use of sucralose (Ref. 47). Other comments, 
    principally from Malkin Solicitors (Malkin, formerly Malkin-Janners) 
    and the Center for Science in the Public Interest (CSPI) (Refs. 48 and 
    49) raised several issues which they claimed McNeil's petition had not 
    addressed. The issues raised by the comments and the agency's responses 
    are discussed in this section of this document.
        In addition, CSPI submitted a draft report from Life Science 
    Research Limited of Suffolk, England entitled ``An investigation of 
    diet spillage among rats fed diet containing sucralose.'' This draft 
    report was provided to CSPI by an individual who stated that the study 
    was undertaken by McNeil but was uncertain that the study report had 
    been submitted to FDA. The diet spillage study in rats (El54) was 
    subsequently submitted to the agency by McNeil in March, 1992. As 
    discussed in section II.B.5.a.i. of this document, the agency concludes 
    that the study raises no unique issue and contributes very little to 
    the resolution of the issue of decreased food intake by sucralose-
    treated rats.
    
    A. Determination of No-Observed-Effect Level and ADI
    
    1. No-Observed-Effect Level in the Chronic Toxicity Study
        Malkin pointed to decreases in body weight gain of 13 to 20 
    percent, 19 to 24 percent, and 20 to 26 percent observed in animals in 
    the three treatment groups compared to control animals in the combined 
    chronic/
    
    [[Page 16427]]
    
    carcinogenicity study in rats (E057) and claimed that, because 
    decreases in body weight of greater than 10 percent can be interpreted 
    as an indication of toxicity, a no-observed-effect level was not 
    established in this study. Malkin cited several observations from 
    studies in the McNeil petition that suggest that the decreased body 
    weight gain was not due solely to poor palatability as McNeil asserted.
        In addition, Malkin contended that the petitioner overstated the 
    actual doses in the combined chronic toxicity/carcinogenicity study 
    (E057) in rats because the diets were formulated with a constant 
    percentage of sucralose throughout the study. Thus, the actual dose per 
    body weight was variable depending on food consumption and the weight 
    of the animal. Therefore, the dosage received later in life is lower 
    than that received by the young, and Malkin contended that depending on 
    which dosage was used, the no-observed-effect level and the ADI can 
    vary significantly.
        FDA agrees in part with certain assertions made in the Malkin 
    comment but disagrees with the overall significance of the findings 
    identified by Malkin. Specifically, as discussed previously, the agency 
    also found that the data in the original petition were not adequate to 
    determine whether the body weight gain decrement was due solely to a 
    palatability-induced decrease in food consumption or whether the weight 
    gain decrement was due to effects mediated by sucralose. Therefore, the 
    petitioner conducted an additional, carefully controlled weight gain 
    study (diet restriction study, E160, which was submitted after the 
    Malkin comment was received) to resolve the body weight gain decrement 
    issue. Based on this study, the agency concludes that sucralose has a 
    treatment-related effect on body weight gain when fed orally to rats at 
    a concentration of 3 percent (Refs. 10, 28, 33, 34, and 46). Also the 
    agency agrees with the comment that the decrements in body weight gain 
    observed in the combined chronic carcinogenicity study (E057) cannot be 
    explained solely by differences in food intake due to reduced 
    palatability of the sucralose-containing diet. The mechanism by which 
    sucralose affects body weight gain in rats is unknown. The agency 
    concludes, however, that a no-observed-effect level for sucralose, as 
    discussed previously, was demonstrated in the diet restriction study 
    (EI60).
        Regarding the dosage calculations, the agency considers it 
    inappropriate to limit the dosage calculation to any one time point in 
    the study (Ref. 46). The agency normalizes the data and in doing so 
    takes into consideration the increased dosage during the growing phase 
    and the lower dosage during adulthood to provide an average intake.  In 
     reviewing  the  achieved  dosages provided  in study E057,  the agency 
     found  that male  rats achieved  an average  high  dose of 1.3 g/kg 
    bw/d, while females achieved an average high dose of 1.7 g/kg bw/d. The 
    average of the two equals 1.5 g/kg bw/d. Thus, the agency concludes 
    that this dose was calculated using the standard techniques for 
    calculating a lifetime dose and is not an overstatement of the actual 
    dose.
    2. No-Observed-Effect Level in Developmental Toxicology Studies
        Malkin stated that the ``Two-Generation Reproduction Study of 
    Sucralose in Rats'' (E056) did not establish a no-observed-effect level 
    because of dose-related reductions in pup body weight and statistically 
    significant, dose-related decreases in body weight gain in pups from 
    day 1 through weaning in two generations (F1 and 
    F2). In addition, Malkin stated that there was a recurring 
    dose-related increase in relative kidney weights.
        The purpose of this reproduction study (E056) was to assess the 
    potential effects of sucralose on reproduction. The experimental design 
    of such studies limits the measuring of food consumption by the pups, 
    especially during lactation (Refs. 10, 40, and 50). However, precise 
    food consumption measurements are essential to evaluate the potential 
    for a substance to affect body weight gain. Therefore, study E056 
    cannot be used to draw conclusions about body weight gain. Moreover, 
    body weight gain effects were comprehensively studied in other studies 
    (El60 and E161). As discussed previously, FDA disagrees with this 
    comment. Regarding the increased kidney weights, microscopic 
    examination of the kidneys of rats in the subchronic studies (El5l and 
    E161) revealed no histopathological changes and therefore, FDA 
    determined that these increases in relative kidney weight in these rats 
    were not toxicologically significant.
        Malkin also asserted that the no-observed-effect level in the 
    teratology study in rabbits (El34) is 350 mg/kg bw/d rather than 700 
    mg/kg bw/d proposed by the petitioner.
        Although no frank terata were observed at any of the tested doses 
    in this study (El34), the agency finds that toxicity elicited at the 
    high dose (700 mg/kg bw/d) prevented the use of this dose to assess 
    teratological effects. Therefore, as discussed previously, the agency 
    agrees that the no-observed-effect level in the rabbit teratology study 
    is 350 mg/kg bw/d (Refs. 40 and 50).
    3. Derivation of ADI
        CSPI challenged the derivation of the ADI for sucralose (15 mg/kg 
    bw/d) conducted by the Food and Agriculture Organization/World Health 
    Organization (FAO/WHO) Joint Expert Committee on Food Additives (JECFA) 
    and by McNeil. CSPI contended that the appropriate ADI ranges from 0.2 
    to 8 mg/kg bw/d depending on the study used to derive the ADI. CSPI 
    used a large number of safety factors ranging from 10 to 1,000 to 
    derive the ADI from each of the studies which included: (1) The 8-week 
    dose range-finding study (E031); (2) the two-generation reproduction 
    toxicity study (E056); and (3) the long-term feeding studies in the rat 
    (2 years) (E057), the mouse (2 years) (E055), and the dog (1 year) 
    (E051). In addition, CSPI cited the clinical study (E047) as supporting 
    the animal-derived ADI's.
        As discussed in section II.C of this document, FDA has evaluated 
    all the studies in McNeil's petition and has concluded that the 
    combined chronic toxicity/carcinogenicity study in rats (E057), 
    interpreted in light of the data in the diet restriction study (El60) 
    and the 26-week gavage study (El6l), provides the most appropriate 
    basis for establishing the ADI for sucralose. This study (E057) 
    provides a no-observed-effect level of 500 mg/kg bw/d; these results 
    are corroborated by data from the diet restriction study (El60) in rat. 
    Applying a 100-fold safety factor (21 CFR 170.22) results in an ADI for 
    sucralose of 5 mg/kg bw/d (Ref. 10).
        The combined chronic toxicity/carcinogenicity rat study (E057) 
    provides certain distinct advantages over other studies in the 
    sucralose petition in terms of establishing an ADI. The agency did not 
    use the 8-week range-finding (E031) or two generation reproduction 
    (E056) studies because they were too brief and, compared to chronic 
    studies, they lack the capability to measure general toxicity. The 1-
    year chronic toxicity study in dogs (E051) showed no toxic effect at 
    any dose tested and thus, provides no basis for concluding that the ADI 
    should be lower than that established in the rat study. Although the 2-
    year carcinogenicity study in mice (E055) established a higher no-
    observed-effect level of 1,500 mg/kg bw/d, it did not include an in 
    utero exposure of the animals to sucralose. Finally, the agency notes 
    that the purpose of the clinical study (EO47) was to assess tolerance 
    and acceptance of sucralose and, thus, it was not designed nor intended 
    to
    
    [[Page 16428]]
    
    assess the toxicity of this compound (Refs. 10 and 51). Thus, use of 
    the combined toxicity/carcinogenicity study in rats (E057) to establish 
    the ADI for sucralose is sound and scientifically preferred.
    
    B. Immunotoxic Potential of Sucralose
    
        The Malkin comments claimed that the following observations may 
    have significance relative to the potential immunotoxicity of 
    sucralose: (1) Dose-related decreases in thymus weights with concurrent 
    decreases in white blood cell or lymphocyte counts (lymphocytopenia) in 
    the 1-year chronic toxicity study in dogs (E051); (2) dose-related 
    decreases in thymus weight that were seen in the parental rats and 
    offspring in the two-generation reproduction study (E056); and (3) 
    decreased spleen weights at the two highest dosages in the 4- to 13-
    week sucralose oral gavage rat study (El5l). Malkin further asserted 
    that these findings are important in view of published data that 
    establish that the immune system is a target organ for some chlorinated 
    compounds. Malkin also contended that these alleged immunotoxic effects 
    cannot be explained by decreased food consumption and that a more 
    direct evaluation of immunotoxicity potential should be done for 
    sucralose (Ref. 48).
        CSPI also questioned whether sucralose has a toxic effect on the 
    thymus. In their comment, CSPI discussed various effects that were 
    demonstrated in the 4- to 8-week range-finding study in rats (E031), 
    i.e., splenic hypoplasia of lymphoid tissues, cortical hypoplasia of 
    the thymus, and decreased spleen, adrenal, and thymus weights. CSPI 
    also cited the lymphocytopenia that was observed in rodents and dogs in 
    the sucralose studies (Ref. 49).
        From a comparative analysis of thymus weight data, body weight 
    data, and food consumption data in the sucralose rat studies, CSPI 
    concluded that the relative thymus weight in sucralose-fed rats is much 
    more severely affected than in diet restricted animals (Ref. 48). CSPI 
    further asserted that thymus histopathology was not evaluated in all of 
    the sucralose studies. CSPI also questioned the appropriateness of the 
    reevaluation of the thymic histopathological examinations by McNeil in 
    the 4- to 8-week range-finding study (E031). Finally, CSPI asserted 
    that adequate studies of immune system function, including a clinical 
    study, should be conducted (Ref. 49).
        After the Malkin and CSPI comments were received by FDA, McNeil 
    conducted a 28-day oral immunotoxicity study in rats (EI62) in which a 
    number of immunological parameters were examined. In this study, 
    sucralose was administered by gavage at dose levels of 750, 1,500, and 
    3,000 mg/kg bw/d and also in the diet at a level of 3,000 mg/kg bw/d. 
    As discussed in section IIB.5 of this document, the only treatment-
    related effect observed in this study was decreased thymus weight. FDA 
    determined that a dose level of 750 mg/kg bw/d was the no-observed-
    effect level for this study (Ref. 37). This no-observed-effect level is 
    1.5 times higher than the no-observed-effect level established from 
    body weight gain decrements observed in studies E057 and E160, which 
    studies FDA used to determine an ADI of 5 mg/kg bw/d for sucralose. The 
    ADI assures that the proposed use levels of sucralose pose no safety 
    concerns regarding immunotoxicity.
        In addition, other studies of sucralose lacked evidence of 
    immunotoxic effects. In the combined chronic toxicity/carcinogenicity 
    rat study (E057), a dose of 500 mg/kg bw/d demonstrated no 
    immunodeficiencies in rats exposed in utero, during lactation, and 
    through their entire lifespan. Likewise, no immunotoxic effects were 
    demonstrated in any of the clinical chemistry parameters nor were 
    immunotoxic effects observed in the histopathological examinations of 
    the sucralose-gavaged rats in the 26-week gavage study (EI61), in which 
    sucralose was administered at doses up to 3000 mg/kg bw/d. This study 
    is discussed in section II.B.5.a.ii of this document.
        Therefore, the agency concludes that the available animal data 
    provide adequate evidence that sucralose will not be immunotoxic to 
    humans at the projected level of dietary exposure (Refs. 40 and 50).
    
    C. Mutagenicity of 1,6-DCF
    
        Malkin claimed that data in the sucralose petition showed that 1,6-
    DCF, a sucralose hydrolysis product, is mutagenic in the Ames assay and 
    is a more potent mutagen than unhydrolyzed sucralose in the mouse 
    lymphoma assay. Further, Malkin stated that the mutagenic potential of 
    1,6-DCF is established by its ability to alkylate 4-(paranitrobenzene)-
    pyridine in an assay which has been used to demonstrate the alkylating 
    nature of carcinogenic hydrocarbons, some of which were known to bind 
    covalently to DNA, and by the association of 1,6-DCF with DNA in all 
    tissues including the testes. Thus, Malkin asserted that it is 
    imperative to demonstrate in vivo that 1,6-DCF does not covalently bind 
    to DNA or other chromosomal proteins in germ cells (Ref. 48). CSPI also 
    asserted that the DNA-binding capacity and mutagenic potential of 1,6-
    DCF should be carefully reviewed (Ref. 49).
        As discussed in section II.B.2 of this document, the data from the 
    genotoxic studies are of limited toxicological significance because the 
    results of the mutagenic testing were equivocal and because such tests 
    are used primarily as a guide to assess the need for more powerful 
    bioassays. While 1,6-DCF was weakly mutagenic in the Ames test (E020) 
    and the L5178Y TK+/assay (E022, E024), the results from the combined 
    chronic toxicity/carcinogenicity study (E057) and the carcinogenicity 
    study on an equimolar mixture 4-CG and 1,6-DCF (E053) establish that 
    sucralose and its hydrolysis products do not elicit tumor formation. 
    Because of the longer exposure duration and greater testing sensitivity 
    of carcinogenicity bioassays, such as E057 and E053, the negative 
    results in these carcinogenicity bioassays of sucralose and its 
    hydrolysis products (E057 and E053) supersede the equivocal results 
    obtained in the genotoxicity studies on sucralose and its hydrolysis 
    products cited by the Malkin and the CSPI comment (Refs. 5 and 50).
    
    D. Renal Effects
    
        CSPI asserted that McNeil's hypothesized etiology of sucralose-
    induced rat renal changes (i.e., secondary to cecal enlargement and not 
    likely to be significant at low intake) should be proved and that the 
    renal changes observed in the female rats should be interpreted as 
    being of toxicological significance. Also, the comment asserted that 
    the available data are insufficient to conclude that the 
    nephrocalcinosis (deposition of calcium in the kidney) is only an 
    indirect consequence of cecal enlargement (Ref. 49).
        First, nephrocalcinosis is not uncommon in the rat, particularly 
    the female rat (Refs. 21, 22, and 23). Investigators have reported the 
    incidence of renal calcification as high as 100 percent in female rats 
    used as controls with a complete absence of this condition in male rats 
    fed the identical diet (Ref. 21). Because mice and other rodent models 
    do not experience the condition, FDA believes that the rat, especially 
    the female rat, is uniquely sensitive to the development of 
    nephrocalcinosis and, therefore, is an inappropriate surrogate for man 
    with respect to this pathologic endpoint.
        Second, as discussed in section II.B.4.a.i of this document, the 
    agency
    
    [[Page 16429]]
    
    recognizes that a number of poorly or slowly absorbed compounds mediate 
    changes in physiologic function that result in renal mineralization, as 
    observed in this study (Refs. 6, 21, and 26). In response to the 
    feeding of poorly absorbed compounds, like sucralose, cecal enlargement 
    in association with renal changes occurs frequently in old rats (Refs. 
    21 and 26). Increased calcium absorption and excretion, pelvic 
    nephrocalcinosis, increased water retention, and alterations of the gut 
    microflora occur as physiologic adaptive responses to changes in 
    osmolality in the gut that lead to cecal enlargement (Refs. 21, 22, and 
    23). Therefore, cecal enlargement is a physiologic adaptive change 
    rather than a toxic effect (Ref. 26).
        Third, in the carcinogenicity study of sucralose hydrolysis 
    products (EO53), which was concurrently conducted in the same 
    laboratory with study E057, the incidence of nephrocalcinosis in the 
    control group was 33 percent (Ref. 26). This incidence is comparable to 
    that observed in the mid- (32 percent) and high- (30 percent) dose 
    treated groups in the combined chronic toxicity/carcinogenicity 
    sucralose study (EO57). The agency concludes that the nephrocalcinosis 
    is not toxicologically significant for the foregoing reasons.
    
    E. Fetal Edema
    
        Malkin stated that the teratology study of sucralose in rats (E030) 
    indicates an apparent increase in the incidence of subcutaneous edema 
    in fetuses. Malkin noted that the expected occurrence of fetal edema at 
    the Life Science Research Limited (LSRL) laboratory of Essex, England, 
    where the McNeil teratology study was conducted, was 12 percent. In 
    contrast, Malkin asserted that the historical incidences of 
    subcutaneous fetal edema for Charles River CD rats is approximately 
    0.03 percent and the incidence based on data derived from nine United 
    States teratology laboratories is 0.007 percent. Malkin concluded that 
    the unusually large background incidence of edema seen at LSRL may mask 
    a treatment-related increase in subcutaneous edema (Ref. 48).
        The agency believes that the most appropriate historical control 
    values to use in considering the significance of a response in an 
    animal bioassay are those pertaining to the identical strain of animal 
    used in the study and drawn from the testing laboratory used for the 
    study (Refs. 40 and 50). It is inappropriate to compare data from 
    Charles Rivers CD rats that were bred in two different countries 
    because, due to genetic divergence, different ranges of normalcy as 
    well as spontaneous malformations are likely to exist for each colony 
    (Ref. 50).
        The rat teratology study in question (E030) was conducted in an 
    LSRL laboratory, utilizing a Charles River rat derived in England. The 
    historical control data from LSRL showed the incidence of subcutaneous 
    fetal edema in Charles River rats to range from 0 to 32 percent. In the 
    teratology study in rats (E030), which was performed in England, the 
    reported incidences of subcutaneous fetal edema were 15.6, 20.9, 20.5, 
    and 25.6 percent for the control, low, mid, and high dosages, 
    respectively. These incidences fall within the LSRL historical control 
    range (Ref. 40). Additionally, the slightly increased incidences in 
    subcutaneous fetal edema in the sucralose treated rats raised by the 
    Malkin comment (E030) were not statistically different when compared to 
    their concurrent controls (Refs. 13, 40, and 50). Thus, the incidences 
    of subcutaneous fetal edema identified by the Malkin comment are 
    considered by FDA to be of no toxicological significance.
    
    F. Bioaccumulation
    
        The Malkin comment raised three issues concerning the possible 
    bioaccumulation of sucralose. First, Malkin disputed McNeil's 
    calculation of an ``effective half-life'' of 13 hours for sucralose. 
    Instead, Malkin asserted that sucralose has a ``terminal half-life'' of 
    24 hours in healthy humans, which is, Malkin asserts, indicative of the 
    potential for sucralose to accumulate in the body of consumers. 
    Further, Malkin stated that the remaining 4 to 7 percent of 
    radioactivity not excreted 5 days after a single dose of sucralose in 
    humans indicates that sucralose may never be totally excreted from the 
    body, even for periodic users. Second, Malkin pointed to data on 
    sucralose metabolism in dogs (EI23) which show that 20 percent of the 
    oral dose was not recovered 4 days after dosing with 36Cl 
    labeled sucralose and claimed that this residual radioactivity 
    represents either potential bioaccumulation, extensive in vivo 
    dechlorination, or both. Finally, Malkin stated that there was a 
    potential for sucralose to accumulate in the fetus because of its 
    extremely slow elimination from fetal tissue.
        The available pharmacokinetics data in the petition do not allow 
    the agency to draw definitive conclusions regarding bioaccumulation of 
    sucralose and its metabolites. However, the available evidence on the 
    physicochemical properties of sucralose, such as low lipid solubility 
    and high water solubility, is not representative of compounds that 
    manifest a high potential for bioaccumulation (Refs. 50 and 53). In 
    addition, sucralose is relatively poorly absorbed from the gut in 
    humans in that only 11 to 27 percent of the administered dose is 
    absorbed. Finally, there is little or no evidence of direct tissue 
    toxicity from sucralose in the mouse, rat, and dog, even when 
    administered at high doses for 1 to 2 years. In a practical sense, the 
    absence of tissue toxicity is more important because even if sucralose 
    had accumulated to some limited degree in these animals, no organ 
    toxicity was demonstrated in any of the long-term studies (E055, E057, 
    and E051).
    
    G. Antifertility Effects
    
        Malkin asserted that antifertility effects were observed with 
    unidentified degradation products of sucralose (Ref. 48). In evidence 
    of this assertion, Malkin pointed to results of a study (E004) 
    conducted by McNeil in which sucralose and/or its metabolites 
    distribute to and have a long residual time in testes. Malkin cited a 
    literature publication by Ford and Waites (Ref. 17) where sucralose was 
    shown to inhibit the oxidation of glucose and decrease the 
    concentration of adenosine triphosphate in epididymal spermatozoa. 
    Malkin further asserted that these observations must be reviewed in the 
    context of the known antifertility effects of other chlorosugars (Ref. 
    48).
        The results obtained in study E004 were discounted by the 
    petitioner because there were indications that the sucralose sample 
    used in the study were degraded. A subsequent repeat test (study E107) 
    that was performed by McNeil showed sucralose had no effect on the 
    glycolytic activity of sperm from male rats.
        The agency concludes from stability data contained in the sucralose 
    petition that sucralose is stable under the proposed conditions of use 
    (Refs. 52 and 53). Therefore, the agency would not expect significant 
    amounts of degradation products to be formed from the proposed uses of 
    sucralose.
        The agency has previously discussed in this preamble the studies 
    mentioned in the Malkin's comment. With regard to the Malkin comment 
    claiming accumulation of sucralose and its metabolites in testes, the 
    available pharmacokinetics data in the sucralose petition do not allow 
    the agency to draw definitive conclusions regarding the bioaccumulation 
    of sucralose and its metabolites. However, neither of the two-
    generation reproduction studies (E052 and E056) showed any reproductive 
    toxicity that was
    
    [[Page 16430]]
    
    treatment-related. Again, this absence of reproductive toxicity is 
    directly relevant to the Malkin comment about antifertility effects and 
    demonstrates that any speculation about bioaccumulation is of no 
    practical significance.
        The agency noted insufficiencies in the antifertility studies on 
    sucralose and its hydrolysis products, specifically in their duration, 
    and therefore concludes that they are inadequate to assess the 
    antifertility potential of sucralose (Refs. 5, 18, and 54). More 
    importantly, however, results from the two-generation reproduction 
    studies (E052 and E056) do adequately address any potential 
    toxicological concern regarding the antifertility potential of 
    sucralose and its hydrolysis products. Evidence presented in the 
    reproduction studies supports the conclusion that sucralose and its 
    degradation products do not possess antifertility properties (Refs. 5, 
    12, and 18).
    
    H. Neurotoxicity Effects
    
        Malkin stated that neurotoxic effects of some chlorosugars have 
    been reported and pointed out that 6-chloro-6-deoxyglucose (6-CG) is 
    used as a positive control for CNS neuropathology and neuromuscular 
    deficits (Ref. 48). Therefore, Malkin stated that neurobehavioural 
    studies of sucralose should be assessed in an appropriate study.
        FDA has evaluated the petitioner's neurotoxicity studies, E008 
    (mice) and E009 (monkey), which compared the potential neurotoxic 
    effects of sucralose or its hydrolysis products with the positive 
    control 6-CG (Refs. 38 and 39). As discussed in section II.B.5.c of 
    this document, FDA finds that neither mice nor monkeys showed 
    neurological effects after receiving sucralose or equimolar mixtures of 
    sucralose hydrolysis products at levels as high as 1000 mg/kg bw/d for 
    21 and 28 days respectively.
    
    I. Exposure to Sucralose Hydrolysis Products
    
        Malkin stated that in acidic drinks such as powdered cherry drinks 
    (storage temperature, 35  deg.C) and carbonated soft drinks (storage 
    temperature, 22  deg.C), sucralose concentrations decrease by 4 percent 
    to 20 percent after a 6-month storage and if, as the petitioner states, 
    the disappearance of sucralose results in the appearance of 
    stoichiometric amounts of the hydrolysis products 4-CG and 1,6-DCF, 
    human exposure to these hydrolysis products will be significantly 
    greater than the 10 mg/kg body weight claimed by the petitioner (Ref. 
    48).
        The agency notes that even if the decomposition noted after 6 
    months at 35  deg.C (an 18 percent decrease of sucralose) was accepted 
    as representative of actual use, the probable exposure to hydrolysis 
    products would not change appreciably from the current estimate of 285 
    g/p/d (90th percentile, 4.8 g/kg bw/d) because 
    beverages account for only 13 percent of the estimated exposure to 
    sucralose. Nonetheless, the agency does not believe that such abusive 
    storage conditions should be assumed when considering chronic exposure 
    (Refs. 52 and 53). The data for storage at 20  deg.C, and for storage 
    at 35  deg.C for up to 3 months show no decomposition of sucralose 
    within experimental error. The sucralose content of carbonated 
    beverages also does not change significantly under typical storage 
    conditions. Finally, the no-observed-effect level established for the 
    hydrolysis products is 30,000 g/kg bw/d, so there is an 
    adequate safety margin to allow for additional decomposition of 
    sucralose to the hydrolysis products.
    
    J. The Need for Studies in Special Populations
    
        CSPI stated that, although McNeil showed that sucralose does not 
    affect insulin secretion and action, and glucose metabolism in normal 
    human subjects (E046), non-diabetic rats, and non-diabetic dogs, there 
    are no clinical studies of type I and II diabetics or the ``diabetic'' 
    rat. CSPI contended that sucralose will be in heavy use by diabetics 
    and that before approving sucralose, the agency should require the 
    results of testing of the effects of sucralose in diabetics (Ref. 49).
        First, FDA believes that these comments do not preclude the 
    conclusion that the proposed uses of sucralose are safe. The EDI 
    (discussed in section II.A of this document) of sucralose (90th 
    percentile) established by the agency would include those levels 
    expected to be ingested by diabetics (Refs.1, 2, 53, and 55). The 90th 
    percentile level of consumption used by FDA is an amount equivalent to 
    the sweetness that would be provided by the total amount of sugars 
    commonly added to the diet. Thus, the estimates of heavy consumption of 
    sucralose used by FDA would cover estimated intake of sucralose by 
    diabetics who might preferentially select sucralose-containing 
    products.
        Second, after this comment was received by FDA, McNeil did perform 
    studies on sucralose in diabetic individuals. Specifically, McNeil has 
    submitted a series of studies (E156, E157, E168, E170, and E171) that 
    investigated the short-term and long-term effects of sucralose on 
    glucose homeostasis in patients with IDDM and NIDDM. These studies were 
    previously discussed in detail earlier in this document. Based upon the 
    data from these studies, the agency concludes that sucralose has no 
    adverse health effects on short-term or long-term glucose homeostasis 
    or any other adverse effect in diabetic patients (Refs. 41, 43, 44, 
    45). The sucralose exposure tested in the diabetic study E171, where no 
    effect on glycemic control in diabetics was observed, is seven times 
    higher than the 90th percentile EDI estimate expected from the proposed 
    uses of sucralose. This 90th percentile exposure estimate represents 
    the expected use of sucralose by the heavy eater population and also 
    encompasses the level that is expected to be ingested by the diabetic 
    population (Ref. 5).
        Additionally, none of the data in the animal studies in the 
    sucralose data base that examined the effect of sucralose on 
    carbohydrate/glucose metabolism provided any evidence to suggest that 
    diabetics would be at any greater risk than the general human 
    population (Ref. 46). These studies show that: (1) Sucralose has no 
    influence on insulin secretion by rats or humans; (2) sucralose has no 
    effect on postprandial or fasting blood glucose levels in animals or 
    humans; (3) sucralose causes no changes in intestinal absorption of 
    glucose or fructose; (4) sucralose has no effect on glucose utilization 
    or on any of the key enzymes modulating glucose metabolism or storage; 
    (5) administration of sucralose results in no clinical or pathological 
    symptoms similar to those observed in diabetes mellitus; and (6) 
    because sucralose has no influence on insulin's action on blood glucose 
    levels, it would not be anticipated to result in difficulties with 
    insulin-based management of diabetes. Therefore, on the basis of the 
    data in the clinical studies and other available information in the 
    sucralose database, the agency has no safety concerns regarding the use 
    of sucralose by diabetic individuals.
        Another comment by Malkin speculated that the chlorinated galactose 
    component of sucralose may have an effect on individuals with 
    diminished ability to metabolize galactose (galactosemic individuals). 
    Malkin further speculated that 4-chlorogalactose, a sucralose 
    degradation product, may act as a substrate for enzymes that metabolize 
    galactose in normal individuals, or may inhibit galactosyltransferase, 
    an enzyme largely
    
    [[Page 16431]]
    
    responsible for the production of milk in humans.
        As discussed previously, from the review of the stability data 
    submitted in the sucralose petition, the agency would not expect 
    significant amounts of degradation products to be formed as a result of 
    the proposed uses of sucralose. Therefore, exposure to degradation 
    products from the use of sucralose would be minimal and would be of no 
    toxicological significance.
        In another comment, Malkin criticized the petitioner's metabolism 
    data because the data were obtained from healthy adults and did not 
    address metabolism or safety in children, diabetics, or the obese.
        First, as noted, the petitioner did conduct several studies of 
    sucralose use in diabetics. Moreover, there are no data that would 
    suggest any particular reason to expect an increased potential for 
    adverse effects in children and obese people and other subpopulations. 
    The Malkin comment did not present any data or evidence that suggest 
    that these subpopulations are at special risk. In the absence of such 
    data, the agency determines an additive's safety based on studies 
    conducted in healthy test animals at doses far in excess of the maximum 
    anticipated exposure in humans. In addition, in setting an ADI, the 
    agency uses a 100-fold safety factor after determining the highest no-
    adverse-effect level. The agency uses a 100-fold safety factor as a 
    means to account for differences between animals and humans and to 
    account for differences in sensitivity among humans. For these reasons, 
    the agency believes that studies aimed at addressing effects in the 
    subpopulations indicated are not warranted.
    
    K. Labeling
    
        In response to a November 22, 1991 (56 FR 58910), request by FDA 
    for comments on a proposed monograph for sucralose for inclusion in the 
    Food Chemicals Codex, Malkin stated that the name sucralose is 
    inaccurate, deceptive, and will mislead consumers because of the close 
    similarity to the name sucrose, a product for which sucralose might be 
    a replacement. Because sucralose is a chlorinated version of a 
    disaccharide, Malkin contended that the common name should not 
    misrepresent the makeup of the material. Malkin cited Sec. 102.5(a) and 
    (c) (21 CFR 102.5(a) and (c)) and contended that the common name should 
    indicate that the material is a disaccharide, reflect the presence of 
    chlorine, and avoid confusion with sucrose. Malkin stated that the name 
    used by the FAO/WHO JEFCA ``trichlorogalactosucrose'' or a similarly 
    accurate name such as trichlorofructogalactose should be used.
        Section 403(i)(2) of the Federal Food, Drug, and Cosmetic Act (21 
    U.S.C. 343(i)(2)) deems a food that is fabricated from two or more 
    ingredients to be misbranded unless its label bears the common or usual 
    name for each ingredient. Section 102.5(a) states, in part, that: ``The 
    common or usual name of a food, which may be a coined term, shall 
    accurately identify or describe, in as simple and direct terms as 
    possible, the basic nature of the food or its characterizing properties 
    or ingredients. The name shall be uniform among all identical or 
    similar products and may not be confusingly similar to the name of any 
    other food that is not reasonably encompassed within the same name.'' 
    Section 102.5(c) addresses the need for the common or usual name of a 
    food to include a statement of the presence or absence of any 
    characterizing ingredients or components, whether such ingredients need 
    to be added, whether the absence or presence has a bearing on price, 
    and similar issues that may cause a consumer to purchase a product that 
    is not what it appears to be.
        Sucralose is a single ingredient and has no other characterizing 
    ingredients or components that are added or removed. Thus, 
    Sec. 102.5(c) does not govern the question of what is the appropriate 
    name for this additive.
        Under Sec. 102.5(a), a substance may be described by a coined term 
    provided that it accurately identifies, in as simple and direct terms 
    as possible, the nature of the food, i.e., the food additive sucralose. 
    While the names suggested by Malkin may be suitable for describing the 
    nature of the substance to a chemist, they are not the most direct and 
    simple terms for the average consumer. FDA recognizes that the precise 
    chemical names of additives may not be helpful for consumers and has 
    permitted the use of a simple coined name that consumers can 
    understand. For example, none of the three intense sweeteners currently 
    allowed in food, saccharin, aspartame, and acesulfame potassium, are 
    described by their specific chemical names. This causes no confusion, 
    however. The important issue is whether the name is commonly used for 
    the substance and whether that name could be misleading for some 
    reason.
        Although Malkin states that the name trichlorogalactosucrose is 
    used by JEFCA for this additive, that organization has since the 
    comment was submitted accepted sucralose as the preferred name. 
    Additionally, the additive is regulated under the name sucralose in 
    both Canada and Australia. Thus, it is consistent with the 
    international marketplace, including other English speaking countries, 
    to describe the additive by the name sucralose. Similarly, the Food 
    Chemicals Codex has also published a monograph under the name 
    sucralose. For these reasons, the agency concludes that the name 
    sucralose is the common name, accurately identifies the additive, and 
    will not mislead consumers.
    
    IV. Conclusion
    
        The agency has evaluated all the data in the petition and other 
    information and concludes that the proposed uses of sucralose are safe. 
    Therefore the agency concludes that the food additive regulations 
    should be amended as set forth in this document.
        In accordance with Sec. 171.1(h) (21 CFR 171.1(h)), the petition 
    and the documents that FDA considered and relied upon in reaching its 
    decision to approve the petition are available for inspection at the 
    Center for Food Safety and Applied Nutrition by appointment with the 
    information contact person listed above. As provided in Sec. 171.1(h), 
    the agency will delete from the documents any materials that are not 
    available for public disclosure before making the documents available 
    for inspection.
    
    V. Environmental Effects
    
        The agency has carefully considered the potential environmental 
    effects of this action. FDA has concluded that the action will not have 
    a significant impact on the human environment, and that an 
    environmental impact statement is not required. The agency's finding of 
    no significant impact and the evidence supporting that finding, 
    contained in an environmental assessment, may be seen in the Dockets 
    Management Branch (address above) between 9 a.m. and 4 p.m., Monday 
    through Friday.
    
    VI. References
    
        The following references have been placed on display in the Dockets 
    Management Branch (address above) and may be seen by interested persons 
    between 9 a.m. and 4 p.m., Monday through Friday.
        1. Memorandum, from DiNovi, Chemistry Review Branch, to 
    Anderson, Novel Ingredients Branch, September 21, 1993.
        2. Memorandum, from DiNovi, Food and Color Additives Review 
    Section, to Anderson, Direct Additives Branch, May 18, 1989.
        3. Memorandum from Roth, HFS-506, to Review Staff Office of 
    Premarket Approval, October 26, 1994.
        4. Memorandum, from Roth, HFS-506, to Anderson, Division of 
    Product Policy, October 26, 1994.
    
    [[Page 16432]]
    
        5. Memorandum, from Graham, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, August 8, 1990.
        6. Addendum memorandum, from Graham, Additives Evaluation 
    Branch, to Anderson, Direct Additives Branch, April 12, 1991.
        7. Memorandum, from Griffiths, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, August 22, 1988.
        8. Addendum memorandum, from Graham, Additives Evaluation 
    Branch, to Anderson, Direct Additives Branch, August 12, 1991.
        9. Memorandum, from Dunkel, Genetic Toxicology Branch, to 
    McLaughlin, Direct Additives Branch, May 23, 1984.
        10. Memorandum, from Whiteside, Additives Evaluation Branch No. 
    2, to Anderson, Novel Ingredients Branch, May 26, 1995.
        11. Memorandum, from Whiteside, Additives Evaluation Branch No. 
    2., to Anderson, Direct Additives Branch, January 21,1994.
        12. Memorandum, from Collins, Mammalian Reproduction and 
    Teratology Team, to Gryder, Additives Evaluation Branch, August 15, 
    1987.
        13. Memorandum, from Welsh, Whole Animal Toxicology Branch, to 
    McLaughlin, Direct Additives Branch, February 1, 1984.
        14. Addendum Memorandum, from Whiteside, Additives Evaluation 
    Branch, to Anderson, Direct Additives Branch, November 12, 1991.
        15. Memorandum, from Collins, Mammalian Reproduction and 
    Teratology Team, to Gryder, Additives Evaluation Branch, October 2, 
    1987.
        16. Memorandum, from Welsh, Mammalian Reproduction and 
    Teratology Team, to Bleiberg, Division of Toxicology, July 15, 1986.
        17. Ford, W. C. L., and G. M. H. Waites, ``A Reversible 
    Contraceptive Action of Some 6-chloro-6-deoxy Sugars in the Male 
    Rat,'' Journal of Reproduction and Fertility, 52:153-157, 1978.
        18. Memorandum, from Whitby, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, December 20, 1988.
        19. Memorandum, Cancer Assessment Committee, October 20, 1987, 
    January 26, April 6, and July 13, 1989.
        20. Memorandum, from Dua, Division of Pathology, to Lin, 
    Additives Evaluation Branch, February 11, 1992.
        21. Lord, G. H., and P. M. Newberne, ``Renal Mineralization--A 
    Ubiquitous Lesion in Chronic Rat Studies,'' Food Chemistry and 
    Toxicology, 28:449-455, 1990.
        22. Newberne, P. M, M. W. Conner, and P. Estes, ``The Influence 
    of Food Additives and Related Materials on Lower Bowel Structure and 
    Function,'' Toxicologic Pathology, 16:184-197, 1988.
        23. Vaughan, O. W., and L. J. Filer, ``The Enhancing Action of 
    Certain Carbohydrates on the Intestinal Absorption of Calcium in the 
    Rat,'' Journal of Nutrition, 71:10-14, 1960.
        24. United Nations (UN) Environmental Programme, International 
    Labour Organization, World Health Organization, Food and Agriculture 
    Organization of the U.N., ``Principles for the Safety Assessment of 
    Food Additives and Contaminants in Food,'' Geneva: World Health 
    Organization, 1987 (Environmental Health Criteria, 70), pp. 41-42.
        25. De Groot, A. P., and V. J. Feron, ``Effects of Very High 
    Dietary Levels of Lactose on the Kidneys of Rats.'' In: Report R4812 
    Central Institute for Nutrition and Food Research (CIVO/TNO). Zeist, 
    the Netherlands: CIVO/TNO; October 1975/March 1976: 1-6.
        26. Memorandum, from Graham, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, April 1, 1991.
        27. Memorandum, from Sucralose Working Group, to Rulis, Novel 
    Ingredients Branch, August 3, 1992.
        28. Memorandum, from Sucralose Working Group, to Pauli, Novel 
    Ingredients Branch, December 21, 1992.
        29. Memorandum, from Graham, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, May 11, 1987.
        30. Memorandum, from Bleiberg, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, October 20, 1987.
        31. Memorandum, from Graham, Additives Evaluation Branch, to 
    Direct Additives Branch, August 3, 1987.
        32. Submission to FAP 7A3987, McNeil Specialty Products, May 5, 
    1992.
        33. Memorandum, from Barton, Experimental Design and Evaluation 
    Branch, to Anderson, Novel Ingredients Branch, April 26, 1994.
        34. Memorandum, from Whiteside, Additives Evaluation Branch No. 
    2, to Anderson, Novel Ingredients Branch, June 29, 1994.
        35. Memorandum, from Whiteside, Additives Evaluation Branch No. 
    2, to Anderson, Novel Ingredients Branch, July 8, 1994.
        36. Memorandum, from Barton, Experimental Design and Evaluation 
    Branch, to Anderson, Novel Ingredients Branch, March 18, 1994.
        37. Memorandum, from Hinton, Biochemical and Analytical Branch, 
    to Anderson, Novel Ingredients Branch, March 7, 1995.
        38. Memorandum, from Graham, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, February 17, 1988.
        39. Memorandum, from Graham, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, April 12, 1988.
        40. Addendum Memorandum, from Whiteside, Additives Evaluation 
    Branch No. 2, to Anderson, Novel Ingredients Branch, May 26, 1995.
        41. Memorandum, from Wilcox, Epidemiology Branch, to Anderson, 
    Novel Ingredients Branch, October 7, 1994.
        42. Memorandum, from Whiteside, Scientific Support Branch, to 
    Anderson, Novel Ingredients Branch, November 13, 1997.
        43. Memorandum, from Fleming, Center for Drug Evaluation and 
    Research, to Anderson, Novel Ingredients Branch, August 21, 1997.
        44. Memorandum, from Barton, Division of Mathematics, to 
    Anderson, August 28, 1997.
        45. Addendum Memorandum, from Whiteside, Scientific Support 
    Branch, to Anderson, Novel Ingredients Branch, November 13, 1997.
        46. Memorandum, from Yetley/Einhorn, Clinical Nutrition Branch, 
    to Anderson, Director Additives Branch, January 8, 1990.
        47. Comments, from supporters of the petition, to Dockets 
    Management Branch.
        48. Comments, from Malkin Solicitors.
        49. Comments, from Center for Science in the Public Interest 
    (CSPI).
        50. Memorandum, from Graham, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, December 13, 1990.
        51. Memorandum, from Whiteside, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, November, 12, 1991.
        52. Memorandum, from DiNovi, Food and Color Additives Review 
    Section, to Anderson, Direct Additives Branch, December 6, 1990.
        53. Memorandum, from Modderman, Food and Color Additives Review 
    Section, to Anderson, Direct Additives Branch, May 20, 1988.
        54. Memorandum, from Graham, Additives Evaluation Branch, to 
    Anderson, Direct Additives Branch, December 27, 1988.
        55. Memorandum, from Glinsmann, Clinical Nutrition, to Anderson, 
    June 18, 1991.
    
    VII. Objections
    
        Any person who will be adversely affected by this regulation may at 
    any time on or before May 4, 1998, file with the Dockets Management 
    Branch (address above) written objections thereto. Each objection shall 
    be separately numbered, and each numbered objection shall specify with 
    particularity the provisions of the regulation to which objection is 
    made and the grounds for the objection. Each numbered objection on 
    which a hearing is requested shall specifically so state. Failure to 
    request a hearing for any particular objection shall constitute a 
    waiver of the right to a hearing on that objection. Each numbered 
    objection for which a hearing is requested shall include a detailed 
    description and analysis of the specific factual information intended 
    to be presented in support of the objection in the event that a hearing 
    is held. Failure to include such a description and analysis for any 
    particular objection shall constitute a waiver of the right to a 
    hearing on the objection. Three copies of all documents shall be 
    submitted and shall be identified with the docket number found in 
    brackets in the heading of this document. Any objections received in 
    response to the regulation may be seen in the Dockets Management Branch 
    between 9 a.m. and 4 p.m., Monday through Friday.
    
    List of Subjects in 21 CFR Part 172
    
        Food additives, Incorporation by reference, Reporting and 
    recordkeeping requirements.
    
    [[Page 16433]]
    
        Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
    authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
    172 is amended as follows:
    
    PART 172--FOOD ADDITIVES PERMITTED FOR DIRECT ADDITION TO FOOD FOR 
    HUMAN CONSUMPTION
    
        1. The authority citation for 21 CFR part 172 continues to read as 
    follows:
    
        Authority: 21 U.S.C. 321, 341, 342, 348, 371, 379e.
    
        2. Section 172.831 is added to subpart I to read as follows:
    
    
    Sec. 172.831  Sucralose.
    
        The food additive sucralose may be safely used as a sweetening 
    agent in foods in accordance with current good manufacturing practice 
    in an amount not to exceed that reasonably required to accomplish the 
    intended technical effect in foods for which standards of identity 
    established under section 401 of the Federal Food, Drug, and Cosmetic 
    Act do not preclude such use under the following conditions:
        (a) Sucralose is the chemical 1,6-dichloro-1,6-dideoxy--D-
    fructofuranosyl-4-chloro-4-deoxy--D-galactopyranoside (CAS 
    Reg. No. 56038-13-2).
        (b) The additive meets the specifications of the ``Food Chemical 
    Codex,'' 4th ed. (1996), pp. 398-400, which is incorporated by 
    reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
    are available from the the Division of Product Policy (HFS-206), Center 
    for Food Safety and Applied Nutrition, Food and Drug Administration, 
    200 C St. SW., Washington, DC 20204-0001, or may be examined at the 
    Center for Food Safety and Applied Nutrition's Library, 200 C St. SW., 
    rm. 3321, Washington, DC 20204-0001, or the Office of the Federal 
    Register, 800 North Capitol St. NW., suite 700, Washington, DC.
        (c) The additive may be used as a sweetener in the following foods:
        (1) Baked goods and baking mixes;
        (2) Beverages and beverage bases;
        (3) Chewing gum;
        (4) Coffee and tea;
        (5) Dairy product analogs;
        (6) Fats and oils (salad dressing);
        (7) Frozen dairy desserts;
        (8) Fruit and water ices;
        (9) Gelatins, puddings, and fillings;
        (10) Jams and jellies;
        (11) Milk products;
        (12) Processed fruits and fruit juices;
        (13) Sugar substitutes (for table use);
        (14) Sweet sauces, toppings, and syrups;
        (15) Confections and frostings.
        (d) If the food containing the additive purports to be or is 
    represented to be for special dietary use, it shall be labeled in 
    compliance with part 105 of this chapter.
    
        Dated: March 30, 1998.
    Michael A. Friedman,
    Lead Deputy Commissioner for the Food and Drug Administration.
    [FR Doc. 98-8750 Filed 4-1-98; 8:45 am]
    BILLING CODE 4160-01-F
    
    
    

Document Information

Effective Date:
4/3/1998
Published:
04/03/1998
Department:
Food and Drug Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-8750
Dates:
The regulation is effective April 3, 1998; written objections and requests for a hearing by May 4, 1998. The Director of the Office of the Federal Register approves the incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of certain publications in Sec. 172.831(b) (21 CFR 172.831(b)), effective April 3, 1998.
Pages:
16417-16433 (17 pages)
Docket Numbers:
Docket No. 87F-0086
PDF File:
98-8750.pdf
CFR: (2)
21 CFR 102.5(c)
21 CFR 172.831