The United States has reportedly blocked Canadian and Mexican efforts to convene a World Trade Organization (WTO) panel that would determine whether the new U.S. country-of-origin (COOL) labeling requirements for meat products are fair. Under WTO procedures, a country can block the creation of a dispute settlement panel once. If, as expected, Canada and Mexico renew their calls for a panel at the WTO dispute settlement body’s November 19, 2009, meeting, the United States will be unable to block it again unless the body consents. U.S. officials reportedly told the WTO, “The U.S. urges Canada and Mexico to reconsider their decisions to request a panel in these disputes, and we are not in a position to agree to the establishment of a panel at this time.” See Meatingplace.com and Law 360, October 26, 2009.
Posts By Shook, Hardy & Bacon L.L.P.
The Department of Health and Human Service’s Agency for Toxic Substances and Disease Registry has posted on its website a draft toxicological profile for acrylamide, a chemical by-product of some high-temperature cooking processes that has been linked to cancer in laboratory rats. The agency is accepting public comments on the profile until February 26, 2010.
The National Institute of Environmental Health Sciences (NIEHS) has announced that it will spend $30 million on two-year research grants targeting the potential health risks of bisphenol A (BPA) exposure. The ubiquitous chemical is used to make polycarbonate plastics and epoxy resins that may leach into foods and beverages from product packaging. “We know that many people are concerned about bisphenol A, and we want to support the best science we can to provide the answers,” NIEHS Director Linda Birnbaum was quoted as saying. NIEHS and the National Toxicology Program identified BPA as a priority after concluding in 2008 that evidence from animal studies showed that BPA “may be causing adverse effects.” Researchers will reportedly focus on low-dose BPA exposure and compile data on “a number of health effects including behavior, obesity, diabetes, reproductive disorders, development of prostate, breast and uterine cancer, asthma, cardiovascular diseases and transgenerational or epigenetic effects.”…
The food industry has reportedly halted a new front-of-packaging (FOP) labeling campaign pending Food and Drug Administration (FDA) guidance. According to an October 23, 2009, press release, the Smart Choices Program™ voluntarily postponed active operations after FDA Commissioner Margaret Hamburg indicated “that the agency intends to develop standardized criteria on which future front-of-package nutrition or shelf labeling will be based.” While awaiting FDA guidance, the program will no longer enroll new companies or encourage use of the logo. “We welcome the FDA’s interest in developing uniform front-of-package and shelf-labeling criteria,” said program chair Mike Hughes. “The Smart Choices Program shares that exact goal, and was designed to provide a voluntary front-of-package labeling program that could promote informed food choices and help consumers construct healthier diets. We continue to believe the Smart Choices Program is an important step in the right direction.” See Reuters, October 23, 2009; FoodNavigator-USA.com and UPI.com, October…
A recent study in the Clinical Journal of the American Society of Nephrology has apparently raised questions about “the scientific logic and feasibility of the decades-long effort to limit salt intake in humans,” according to a concurrent University of California, Davis, press release. Researchers analyzed 24-hour urinary sodium excretion data from 19,151 individuals involved in 62 sodium intake studies from 33 countries, concluding that “humans naturally regulate their salt intake within a narrowly defined physiologic range.” Their findings revealed that despite varying food environments, human salt consumption “tracks within a narrow range” between 2,700 and 4,900 mg. In addition, neuroscience research has apparently suggested that “sodium intake is tightly controlled by critical pathways in the brain to main optimal function of many physiologic functions.” “If sodium intake is physiologically determined, then our national nutrition guidelines and policies must reflect that reality,” the lead author was quoted as saying. “It is…
The second of a five-part series, this article examines in some depth how a number of European countries came to turn their backs on genetically modified (GM) crops. Belgian scientists apparently experimented with GM plants in the 1980s and instituted 50 different field trials, positioning Europe to be a world leader in plant biotechnology. A public backlash, fueled by fears over mad cow disease and food safety, followed the European Union’s approval of a pesticide-resistant corn, and no GM crop has since been approved. European scientists, concerned about the politicization of science, are apparently considering ways to restore public confidence in scientific integrity and the safety of GM crops. The Dutch have apparently proposed that the EU allow each member nation to make its own decision about whether to allow GM crops after giving consideration to a broad range of issues, including human safety, biodiversity, “cultural heritage,” and economics. The Dutch…
Members of the “Size Acceptance Movement” reportedly protested outside the mayor of London’s office recently, urging him to ensure that employers are not prejudiced against overweight people. The group claims that surveys show 93 percent of employers would rather employ a thin person rather than an overweight one even if such individuals are equally qualified. The group evidently wants to ban “fat-ism” in the UK by emulating a San Francisco ordinance that prohibits height and weight discrimination in housing and employment. Demonstrators said the overweight should be protected on the same grounds as race, age and religious discrimination, and that attacking someone for being fat should be a hate crime. “I have been punched, I have had beer thrown in my face, I have had people attack me on the train,” one protestor said. See BBC News, October 19, 2009.
A recent episode of CSI: Miami has reportedly drawn criticism from the National Cattlemen’s Beef Association and other trade groups for the show’s portrayal of a foodborne illness investigation. Titled “Bad Seed,” the October 20, 2009, installment of the popular CBS drama focused on a fictional outbreak that eventually led the crime scene investigators to discover, not only the origin of a deadly new E. coli strain, but a feedlot using genetically modified (GM) corn. According to the Agricultural Law blog, the plot also covered a wide range of legal issues such as Veggie Libel laws, organic standards, pollen drift and genetic contamination, farmer liability for unauthorized GM crops, undocumented farm workers, farm consolidation, and crop contamination via irrigation water. Plaintiffs’ attorney Bill Marler reportedly provided CBS producers background information for the episode. See Agricultural Law, October 20, 2009 Both the National Cattlemen’s Beef Association (NCBA) and the National Corn Growers Association (NCGA)…
The Royal Society has issued an October 2009 report, Reaping the Benefits: Science and the sustainable intensification of global agriculture, that calls for “a £2 billion ‘Grand Challenge’ research program on global food security.” According an October 21 press release, the world must increase food crop production by at least 50 percent by 2050 to meet global demands without damaging the environment. The “Grand Challenge” program should thus aim to support public research and policies designed to explore “new methods of crop management to increase yields and minimize environmental impact. It should also support the development of improved crop varieties by both conventional breeding and genetic modification.” The report assesses “science-based technologies and developments in biological science that are seen to have potential benefits for increasing crop yields.” It specifically examines the consequences and complications of food crop innovation stemming from short-term (less than eight years), medium-term (nine to16 years) and…
Plaintiffs who brought personal and economic injury claims against Topps Meat Co. for an E. coli outbreak that led to the recall of more than 20 million pounds of ground beef in 2007 have filed a motion for class certification. Patton v. Topps Meat Co., No. 07-654 (W.D.N.Y., motion filed October 15, 2009). While the proposed classes, a “consumer class” of persons who purchased ground beef subject to the recall and allege economic losses and an “injury class” of persons who consumed the ground beef and allege personal injury, are national in scope, the plaintiffs contend that New York law will apply to the case. According to the named plaintiffs, each of whom was allegedly sickened by consuming contaminated meat, federal investigators confirmed 40 E. coli cases linked to the outbreak strain and estimate that for every reported case, 20 cases go unreported. Thus, they suggest that the number of injury…
