Home
/
RELIGION & LIBERTY ONLINE
/
Not a nanoparticle of science in this shareholder resolution
Not a nanoparticle of science in this shareholder resolution
Mar 17, 2026 3:08 AM

Sometimes clearer heads prevail, but at considerable costs to individual stock portfolios and corporations who have to mount a defense against uninformed, nuisance shareholder resolutions. Last week the Securities and Exchange Commission slowed the progressive roll of religious activist group As You Sow by denying an AYS proxy resolution seeking a detailed nanoparticle risk assessment by Mondelēz International Foodservice.

Mondelēz successfully convinced the SEC that its use of food whitener titanium dioxide (TiO2) in its Dentyne Ice chewing gum does not meet the dimensional criteria of nanoparticles as established by the U.S. Food and Drug Administration. Furthermore, pany hedged its bet by asserting that TiO2 use is “ordinary business, preventing shareholders from requesting information about the risk of these materials,” according to the AYS press release.

AYS’s resolution was predicated on two 2014 studies that concluded all food-grade TiO2 contained “a significant proportion of nanoparticles,” that AYS claims “may also result in greater toxicity for human health and the environment.” Note the qualifier “may,” which sums up the degree of scientific accuracy and disingenuousness throughout the AYS’s fear-mongering release. But there are others:

‘This is a dangerous precedent,’ said Danielle Fugere, President of As You Sow. ‘The SEC failed to recognize nanotechnology as a significant policy issue, despite growing public concern about using nanoparticles in foods before it is proven safe.’

‘If Mondelēz was confident in its management of risk and disclosures around nanoparticles, it would have no need to block shareholders from voting on this non-binding proposal,’ said Fugere….

Mounting evidence suggests that some nanoparticles, including titanium dioxide, are toxic in cell cultures and to animals….

This reads more like teenage petulance than sound science. Perhaps Mondelēz knows a little bit more about its business than AYS pseudo-scientists. In a memo to the SEC, pany’s attorney stated last month [Spoiler Alert: Actual science ahead!]:

As discussed in greater detail in the No-Action Request, the Company does not use nanotechnology in the development or engineering of its food products or food packaging. As a result, consistent with the FDA guidance, (1) no food product or food packaging is “engineered [by the Company] to have at least one external dimension … in the nanoscale range (approximately 1 nm to 100 nm)” and (2) no food product or food packaging is “engineered [by the Company] to exhibit properties or phenomena … that are attributable to its dimension(s), even if these dimensions fall outside the nanoscale range, up to one micrometer (1,000 nm).”

The Response Letter cites (and includes as Appendix C) testing data purporting to show that one of the Company’s products, Dentyne Ice Gum, contains titanium particles smaller than 200 nm as a result of the Company’s use of titanium dioxide (which monly used for coloring foods and other materials) in this product. However, applying the FDA’s standards, the testing data does not show that Dentyne Ice Gum involves the application of nanotechnology. In fact, (1) the testing data does not show that Dentyne Ice Gum contains any nanoparticles below 100 nm and (2) the Company has not engineered this product to exhibit properties or phenomena attributable to nanoscale dimensions or dimensions outside the nanoscale range, up to one micrometer (1,000 nm). Instead, the Company uses standard, grade titanium dioxide that has been manufactured using conventional methods of manufacturing. And while it is possible that a small fraction of titanium dioxide’s “primary particles” may be less than 100 nm due to conventional production processes, FDA specifically recognized that “conventionally manufactured food substances can sometimes include particles with size distributions that extend into the nanometer range” but confirmed that its guidance on nanomaterials was “not intended to bring into question the regulatory status of such products if they have already been … approved …. ” Therefore, simply because titanium dioxide (which has been approved as a color additive since 1966) “can sometimes include particles with size distributions that extend into the nanometer range,” the Company’s use of this material in one or more of its products is irrelevant as long as the Company does not engineer this material to have at least one external dimension in the nanoscale range or to exhibit properties or phenomena that are attributable to its dimension(s).

Moreover, the Titanium Dioxide Manufacturer’s Association explains that, when titanium dioxide is purposely manufactured as a nanomaterial, it is “engineered to have primary particles less than 100 nm.”Notably, in that case, titanium dioxide does not exhibit the properties for which it is used in gum (i.e., it does not produce a white color and, therefore, would not be used as a colorant in gum). Thus, in any event, the relevant size for considering titanium to be “engineered” or deliberately manipulated to be a nanomaterial (within the meaning of the FDA guidance) is 100 nm. As confirmed by the testing of Dentyne Ice Gum provided by the Proponent, that is not the case with respect to the Company’s use of this material. For these reasons, the Proposal is excludable under Rule 14a-8(i)(5).…

Therefore, in seeking to control which ingredients the Company uses in its products (and, specifically, an ingredient that has been approved for use as a color additive by the FDA for fifty years), the Proposal deals with a matter relating to the Company’s ordinary business operations and is, therefore, excludable under Rule 14a-8(i)(7).

The SEC concurred with Mondelēz, and blocked the AYS proposal. It’s about time someone stood up to their anti-science bullying.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
How a bamboo entrepreneur cooperates with nature and neighbor
All of our labor is simply the process of applying our God-given intellect and creativity to transform matter into usable things. In doing so, we bring restoration to the world and meaning to life. Read More… Rekha Dey wasn’t always passionate about bamboo, but after touring an innovative production facility, she saw its potential. With the right business model, bamboo could be used to provide high-quality, environmentally friendly housing across India. Unfortunately, the country’s regulatory regime made it nearly impossible...
Hong Kong public librarian suspended by Chinese Communist Party for promoting works by Jimmy Lai
The suspension of a librarian by the Chinese Communist Party for featuring works by journalist and pro-democracy activist Jimmy Lai is the latest attack on freedom of expression in Hong Kong. Read More… What does absolute control look like in Communist China? It looks like an unnamed Hong Kong librarian at the Shek Tong Tsui Public Library being suspended from her job after placing 10 of Jimmy Lai’s works on the “Librarian’s Choice” shelf in late June. Jimmy Lai, founder,...
The crumbling façade of Cuban communism
The Cuban government is built on longstanding lies and the systemic oppression of its own people. For Americans to also be duped by the regime’s propaganda is a tragedy of ignorance. Read More… It has e routine for Bernie Sanders and other self-described democratic socialists to praise Cuba for its high literacy rates and universal health care. More recently, Black Lives Matter released a statement supporting munist regime while criticizing U.S. sanctions against Cuba. Meanwhile, the Cuban people cry for...
A biblical theology of work, Part 3: Call and vocation
In Part 1 of our “theology of work” series, we examined why we work, concluding that following our calling, whatever that may be, provides us with meaning and purpose, and represents mand of God in creation. Part 2 examined the virtues of work, earning a living and using that wealth honorably. Part 3 will explores “call and vocation” as a full expression of the creative wonder and beauty of God in which we participate, in Christ. Read More… Are we...
America suffers from economic nationalism
In the long term, economic nationalism is bad for American business, American consumers and the American economy’s health. What is patriotic about that? Read More… One of the biggest political upheavals in America over recent years has been a resurgence in economic nationalism. Given the amount of regulation with which it is burdened, America’s economy can hardly be described as laissez-faire. But what’s not in doubt is that skepticism about free trade and free markets has grown across the American...
Chinese Communist Party denies bail to 4 Apple Daily staffers, arrests 8th pro-democracy newspaper executive
On June 24, Hong Kong police raided the headquarters of Apple Daily and froze all major assets, forcing the news service to shut down its business and publishing. Ever since, any remnant of Jimmy Lai has been forcibly destroyed in order for CCP to remain plete control. Read More… On Thursday, four staff members from the now-shuttered pro-democracy newspaper, Apple Daily, were denied bail in a Hong Kong court. The four have been accused of colluding with foreign forces under...
Chinese Communist Party arrests children’s book publishers in Hong Kong
From journalism to children’s literature, the CCP makes examples out of those who exercise freedom of speech, instilling fear in Chinese citizens. Read More… Hong Kong’s recent crackdown on pro-democracy dissent entered the realm of children’s literature on July 22 with the arrest of five members of a speech therapist union behind the publishing of children’s books. The main book that prompted the arrest was a children’s illustration of the 12 activists arrested at sea trying to escape to Taiwan...
Against trade wars as class wars
A new study dispels the myth that “trade wars are class wars,” and, in doing so, reminds us of the social harmony and interdependency that free trade helps to provide. Read More… Debates between free-traders and protectionists routinely devolve peting variations of class warfare – each claiming the cause of the mon man” against a wealthy and entrenched elite. Whereas protectionists argue that trade liberalization primarily benefits the rich, displacing disproportionate numbers of working-class employees, free-traders rush to the defense...
Cuba Libre: Protestors call for an end to communism and oppression
As Cubans take to the streets to protest the country’s government, Internet access has been cut off to “quell dissent” and President Joe Biden’s spokesperson has issued a clear message to refugees fleeing Communist Cuba: “You are not e.” Read More… Cubans are taking to the streets over food shortages and outrageously high prices, calling for an end to the munist regime with mass protests. “Cuban citizens have taken to the streets across the country for the first time in...
Hong Kong’s battle for freedom of the press
As an institution of civil society, the press helps forms the basis of a moral culture, owing neither its creation nor its allegiance to the state. Read More… Freedom of expression is under attack in Hong Kong. In its annual report, “Freedom in Tatters,” the Hong Kong Journalists Association (HKJA) outlines key threats currently faced by the media. According to The Standard, a Hong Kong-based newspaper, the report emphasized that “the risks journalists face amid the NSL [National Security Law]...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved