34 New Eng. L. Rev. 363 (1999-2000)
Sucralose: The Sugar of the New Millennium - FDA's Role: A Hindrance or a Help

handle is hein.journals/newlr34 and id is 373 raw text is: Sucralose:

The Sugar of the New Millennium -
FDA's Role:
A Hindrance or a Help?
Leticia M. Diaz*
I. INTRODUCTION
New to America, but not to the world, sucralose is soon to make its de-
but into elite American society. On April 3, 1998, McNeil Specialty
Products' was granted approval by the Food and Drug Administration
(FDA) to market sucralose under the trademarked name SPLENDA.',2
American consumers are passionate in their quest for the perfect low calo-
rie sweetener. Sucralose, which is directly derived from sugar, may spark
a revolutionary response from diet conscious America. But why did su-
cralose arrive last to the United States? Australians, Canadians, and oth-
ers, but not Americans, have been privy to what may prove to be a sugar
panacea. Americans have been deprived the opportunity of this miracu-
lous sugar substitute due to the laborious and politicized FDA approval
process for new food additives.
As much as any other culture, Americans are diet crazy!'3 While be-
*   Assistant Professor of Law, Barry University of Orlando School of Law; J.D.,
Rutgers University School of Law, Newark (1994); Ph.D. (Organic Chemistry), Rutgers
University, Newark (1988). Deep appreciation is extended to colleague and friend,
Professor Terri Day, for the myriad of hours spent on editing this paper, as well as for
all her insightful commentaries. Many thanks to my husband Harry, a fellow scientist,
for his scientific research and great contribution. I would like to acknowledge the re-
search efforts of my research assistant, Katherine Lockett. Several comments in this
paper are opinions stemming from the author's scientific background and should only
be construed as such.
1.  McNeil Specialty Products Company is a subsidiary of Johnson and Johnson,
Incorporated.
2. FDA Approves New Sugar Substitute (visited Feb. 15, 2000) <http://www.ktv-
i.com/News/nn04_02_98.html>.
3. Studies indicate that more than 144 million adult Americans are incorporating
low-calorie, sugar-free foods and beverages into their meal plan as part of a healthy
lifestyle, [indicating] . . . a growing calorie consciousness. Calorie Control Council,

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