These products are often marketed under such names as Dragon’s Breath, Heaven’s Breath, Nitro Puff and other similar names.
Liquid nitrogen, although non-toxic, can cause severe damage to skin and internal organs if mishandled or accidently ingested due to the extremely low temperatures it can maintain.
Inhaling the vapour released by a food or drink prepared by adding liquid nitrogen immediately before consumption may also cause breathing difficulty, especially among individuals with asthma.
Foods and beverages prepared by adding liquid nitrogen immediately before consumption may be sold at malls, food courts, kiosks, state or local fairs, and other food retail locations.
These products may include liquid nitrogen-infused colourful cereals or cheese puffs that emit a misty or smoke-like vapour. Similarly, alcoholic and non-alcoholic drinks prepared with liquid nitrogen emit a fog.
The FDA has become aware of severe - and in some cases, life-threatening - injuries, such as damage to skin and internal organs caused by liquid nitrogen still present in the food or beverages.
There has also been a report of difficulty breathing after inhaling the vapour released by liquid nitrogen when added immediately before consumption.
Injuries have occurred from handling or eating products prepared by adding liquid nitrogen immediately before consumption, even after the liquid nitrogen has fully evaporated due to the extremely low temperature of the food.
In general, other foods treated with liquid nitrogen prior to the point of sale and before consumption, for example some frozen confections, are treated in such a way that results in the complete evaporation of liquid nitrogen before reaching the consumer and are no longer at an extremely low temperature, and therefore, do not pose a significant risk of injury.
Consumers who have experienced an injury because of handling or eating products prepared with liquid nitrogen at the point of sale, immediately before consumption, should consult their healthcare professional.
Consumers should also consider reporting their injury to MedWatch. FDA encourages consumers with questions about food safety to Submit An Inquiry, or to visit their website for additional information.
Export certification
Meanwhile, the US FDA announced its new export certification programme for certain FDA-regulated food products and fees it will assess for issuing new export certifications to US-based manufacturers or exporters of these products.
Export certification under the Federal Food, Drug & Cosmetic Act (FD&C Act) provides US exporters another tool to facilitate exports to countries that import food products from the US.
“We anticipate that this new export certification will facilitate trade by assisting US food exporters in fulfilling importing country requirements for FDA certification of FDA-regulated food products,” said Scott Gottlieb, commissioner, US FDA.
“While American food standards are among the most stringent in the world, the FDA recognises that some US trading partners seek additional assurance that imported food products are produced under applicable requirements, and may request specific language or product information on export certificates,” he added.
Gottlieb said, “The new export certification programme will continue FDA’s efforts to help facilitate American global exports and boost our nation’s economy.”
In 1996, Congress added a new statutory provision to the FD&C Act that stated any person who exports a drug, animal drug or device may request US FDA certify in writing that the exported product meets certain requirements, and that US FDA shall issue such a certification within 20 days upon a showing that the product meets those requirements.
The law also authorised US FDA to charge up to $175 for each such certification. However, this provision did not include FDA-regulated foods. When Congress passed FDA Food Safety Modernisation Act (FSMA) in 2011, it added foods to the list of covered products.
US FDA’s new export certification will implement the FSMA amendment. Prior to the launch of this new certification programme, US FDA issued other types of certifications for exported foods.
US FDA’s export certification programme for foods is intended to be complementary to export certification for foods currently issued by other US government agencies.
As US FDA launches its new export certification programme for foods, the arrangements currently in place for certain food commodities with other US government agencies will remain the same.
US FDA has and will continue to coordinate and work with other US government agencies on export certification and will partner in inter-agency consultations for any new requests from foreign governments to ensure the needs of US exporters are met.
US FDA will continue to issue the current Certificate of Free Sale for dietary supplements, medical foods and foods for special dietary uses.
US FDA will begin issuing and collecting fees for the new export certificates starting October 1, 2018.
US FDA, an agency within the US Department of Health and Human Services, protects the public health by assuring the safety, effectiveness and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices.
The agency also is responsible for the safety and security of our nation’s food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.
