“The shareholder proposal asked the company to issue a report about actions the company is taking to reduce or eliminate the risk of nanoparticles,” Austin Wilson, environmental health program manager of shareholder advocacy group As You Sow told DairyReporter.
“We [As You Sow] have requested more information from Walgreens, but the company has declined to provide it, and is now attempting to block shareholder discussion on this subject.”
Walgreens' "no-action letter" to the SEC argues that the company can exclude the shareholder proposal because "the use of nanomaterials in products... does not involve a significant social policy issue."
Walgreens' media department responded to DairyReporter's request for comment with the following statement: "We have a long-standing practice of only including in our proxy materials the shareholder proposals that meet SEC requirements."
According to As You Sow, nanoparticles are extremely small particles that can permeate cell membranes and travel throughout the body, including into organs, in ways that larger ingredients cannot. The extremely small size of nanoparticles, it argues, may result in greater toxicity for human health and the environment.
Not enough information available
“Hydroxyapatite may be used as a source of calcium, but we are not sure, since there is not much information available on this material,” Wilson said.
“The studies analyzed by the European Union Scientific Committee on Consumer Safety noted that nano-HA can cause cell death and inflammation.”
As You Sow believes that using nanoparticles is simply not worth the potential health risk and that engineered nanoparticles should be “extensively studied” before using them in food and nutrition products such as infant formula.
Are ingredients safe in its nanoparticle form?
While the FDA acknowledges that nanoparticles may have different properties than larger ingredients, the agency has not yet enacted safety regulations for the use of nanoparticles in food products and has stated that nanotechnology is still an element under evaluation.
“FDA does not categorically judge all products containing nanomaterials or otherwise involving the application of nanotechnology as intrinsically benign or harmful,” the agency stated.
The FDA also stated it recognizes while some ingredients may be safe or GRAS in regular size and form, it has not been proven whether or not they can be considered safe in its nanoparticle form.
In 2014, the FDA issued three guidance documents that encourage, but do not require, food manufacturers to consult with the agency before selling their products in the marketplace.
“Potentially harmful materials are not worth the risk, and engineered nanoparticles should be studied extensively before they are used. We would like to work with Walgreens to study nano-HA, analyse risk, and evaluate alternatives,” Wilson said.