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F I S C A L I M P A C T R E P O R T

SPONSOR Ortiz y Pino

ORIGINAL DATE

LAST UPDATED

2/07/06

HB

SHORT TITLE Ban Aspartame in Food Products

SB 654

ANALYST McOlash

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

$100.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to: HB 2002, SB 250

SOURCES OF INFORMATION

LFC Files

http://en.wikipedia.org/wiki/Aspartame

Responses Received From

NM Board of Pharmacy (NMBP)

Public Education Department (PED)

SUMMARY

Synopsis of Bill

Senate Bill enacts new legislation and amends statute to ban the future use of aspartame in food

products. The bill appropriates $100,000 from the General Fund to the Office of the Attorney

General for expenditure in FY 2007 to enforce the provisions enacted under SB 654.

Provisions of SB 654 would not apply to food products located within the state on July 1, 2006

SIGNIFICANT ISSUES

The information shown below was taken from Wikipedia, the free encyclopedia

Senate Bill 654 - Page

2

Aspartame is the name for an

artificial, non-

carbohydrate

sweetener

, aspartyl-phenylalanine-1-

methyl ester; i.e. the methyl

ester

of

the

dipeptide

of the

amino acids

aspartic acid

and

phenylalanine

. It is

marketed under a number of

trademark names, such as

NutraSweet

,

Equal

, and

Canderel

and is an ingredient of approximately

5,000 consumer foods and beverages

sold worldwide. It is commonly used

in diet

soft drinks

and is often

provided as a table condiment. It is

also used in some brands of

chewable vitamin supplements.

However, aspartame is not always

suitable for baking, because it often

breaks down when heated and loses

much of its sweetness. In the

European Union it is also known

under the

E number

(additive code) E951. Aspartame is also one of the sugar substitutes used by

diabetics

.

Aspartame has been the subject of a vigorous public controversy regarding its safety and the

circumstances around its approval. It is well-known that aspartame contains the naturally

occurring amino acid

phenylalanine

, which is a health hazard to the few people born with

phenylketonuria

, a genetic intolerance of phenylalanine. A few studies have also recommended

further investigation into possible connections between aspartame and diseases such as

brain

tumors

,

brain lesions

, and

lymphoma

, but no large-scale studies have been conducted. These

possibilities, combined with notable conflicts of interest in the approval process, have

engendered vocal activism regarding the legitimate risks of aspartame as well as some less

credible theories.

The FDA receives more complaints related to aspartame than any other food additive. While it is

well-known that aspartame contains

phenylalanine

and is unsafe for those born with

phenylketonuria

, some believe that aspartame can be implicated in other public health issues.

Some of these contentions are backed by reputable scientific research, while others depend

heavily on anecdotal evidence and layman's interpretations of chemistry.

Concerns about aspartame frequently revolve around symptoms and health conditions that are

allegedly caused by the sweetener. The 92 health effects reported to the FDA are:

abdominal

pain

,

anxiety attacks

,

arthritis

,

asthma

, asthmatic reactions, bloating/

edema

, blood sugar control

problems (

hypoglycemia

or

hyperglycemia

),

brain cancer

(Pre-approval studies in animals),

breathing difficulties, burning eyes or throat, burning

urination

, inability to think clearly,

chest

pains

,

chronic cough

,

chronic fatigue

, confusion, death,

depression

,

diarrhea

, dizziness, excessive

thirst or hunger, fatigue, feeling 'unreal', flushing of face, hair loss (baldness) or thinning of hair,

headaches/migraines, hearing loss, heart palpitations, hives (Urticaria), hypertension (high blood

pressure), impotency and sexual problems, inability to concentrate, infection susceptibility,

insomnia, irritability, itching, joint pains, laryngitis, "like thinking in a fog," marked personality

spartame

Chemical name

N-L-a-aspartyl-L-phenylalanine

1-methyl ester

Chemical formula

C

14

H

18

N

2

O

5

Molecular mass

294.30 g/mol

Melting point

246 - 247 °C

CAS number

22839-47-0

SMILES

[NH3+][C@@H](CC([O-])=O)C(N[C@@H]

(CC1=CC=CC=C1)C(OC)=O)=O

Senate Bill 654 - Page

3

changes, memory loss, menstrual problems or changes, muscle spasms, nausea or vomiting,

numbness or tingling of extremities, other allergic-like reactions, panic attacks, phobias, poor

memory, rapid heartbeat, rashes, seizures and convulsions, slurring of speech, swallowing pain,

tachycardia, tremors, tinnitus, vertigo, vision loss, and weight gain.

[2]

Questions have been raised about

brain cancer

,

lymphoma

, and

genotoxic

effects such as

DNA

-

protein crosslinks, but these questions are primarily not based on reported case histories.

RELATIONSHIP

HB 202 is similar in intent without an appropriation.

SB 250 is a duplicate in content, again without an appropriation.

BMC/yr