FDA's discovery of melamine in chocolate sold at Walgreens stores marks the latest contamination finding that provides ammunition for consumer advocates' and politicians' criticism of the agency's food protection capabilities.

Walgreens announced a recall Dec. 5 of 173 teddy bears packaged with a 4-ounce chocolate bar that had been sold at its stores since September.

A spokesman with FDA's Center for Food Safety and Applied Nutrition confirmed the chocolate tested positive for 40 to 50 parts per million of melamine. FDA set 2.5 ppm of melamine or its analogs as a safe upper limit for non-infant formula foods (¹ Also see "Supplements Spared From Melamine “Bombs” – So Far, UNPA’s Israelsen Says" - Pink Sheet, 6 October, 2008., p. 11).

Walgreens spokesman Michael Polzin said the Deerfield, Ill.-based chain tests products with FDA-approved methods and is looking into how its testing missed the contaminant in the chocolate.

In addition to testing infant formulas for melamine or its analogs, FDA is "sampling imported products that contain soy, corn, rice and wheat protein from China and other countries," CFSAN said.

The agency must order recalls of all melamine-tainted products, said David Plunkett, a Center for Science in the Public Interest attorney. CSPI takes a "zero tolerance" stance on melamine at any level, Plunkett said, because it is proof of intentional adulteration in the supply chain.

He added that U.S.-made infant formulas with trace levels of melamine or an analog should be recalled so the manufacturers can "check their processes to see where that melamine is creeping into the product" (² Also see "Melamine In U.S. Could Pose More Risk To Food Safety Regime Than Infants" - Pink Sheet, 1 December, 2008., p. 13).

Rep. Rosa DeLauro, D-Conn., who chairs the House Appropriations subcommittee with FDA oversight, is concerned by melamine contamination and sees it as proof of the need for an independent food protection agency, a spokeswoman said (see ³ Also see "Possibility Of Two FDAs Looms As Food Safety Concerns Grow" - Pink Sheet, 15 December, 2008. ).

DeLauro is likely to reintroduce the Food Safety Modernization Act, to separate food and drug oversight, in the new Congress, the spokeswoman added (⁴ Also see "Flurry Of Food Safety Bills Hit Senate, House In Wake Of Pet Food Recall" - Pink Sheet, 7 May, 2007., p. 6).

- Dan Schiff (d.schiff@elsevier.com)

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