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May 4, 2021
In a memorandum filed Monday, the Ninth Circuit denied a petition asking for a review of a Food and Drug Administration (FDA) order allowing Impossible Foods Inc., which produces meat substitutes, to include a genetically engineered color additive in its products.
The plaintiff, Center for Food Safety, alleged in its January brief that the FDA’s approval of soy leghemoglobin, used to give the appearance that meat was bleeding so it more closely resembled meat, was not sufficiently tested and that the FDA did not use the appropriate standards when approving the substance. The product is reportedly produced using genetically engineered yeast. The plaintiff alleged that, since it is a new product that has not previously been approved for consumption, it should be held to a higher standard of testing.
Impossible Foods has applauded a decision by the Ninth Circuit Court of Appeals to uphold the FDA’s approval of soy leghemoglobin (aka heme ) - the star ingredient in its plant-based burgers - as a color additive.
Impossible Foods uses GM soy protein concentrate as its primary ingredient, while its flagship ingredient soy leghemoglobin - a protein that carries the iron-containing molecule ‘heme,’ which it says
makes meat taste uniquely like meat - is produced by a genetically engineered yeast strain (
P. pastoris), prompting pushback from anti-GMO activists and prompting some rivals (notably Beyond Meat) to make a virtue of their Non GMO credentials as the market heats up and brands