Category Archives Issue 608

Following June 11, 2016, riots and arrests in Marseille related to a Euro 2016 match between England and Russia, France has reportedly restricted the sale of alcohol in cities hosting the next games in the soccer tournament. Under the measures, public areas and shops in Lille and Lens could not sell alcohol before or during the matches, while bars and cafes were told not to sell drinks in containers that could be used as missiles thrown from terraces. French Interior Minister Bernard Cazenueve told reporters, “I have asked for all necessary measures to be taken to prohibit the sale, consumption and transport of alcoholic drinks in sensitive areas on match days and the day before, and on days when fan zones are open.” An executive from the Football Supporters Federation, which supports England and Wales teams and fans, told the BBC that the ban would not work, arguing that “the…

The Environmental Working Group (EWG) has launched what it describes as “the first easily, searchable database of nearly 16,000 processed food and drinks packaged in materials that may contain the hormone-disrupting chemical bisphenol A, or BPA.” According to EWG, the new database organizes information obtained from a food industry website into a list of products that users can search from EWG’s Food Scores application. “The industry website’s apparent main purpose is to help food companies supply warning signs to retailers,” states EWG in a June 17, 2016, press release. “It reveals that Americans are far more widely exposed than previously known to a hormone-disrupting industrial chemical that poses greatest risk to pregnant women, infants and children. But the website is a chaotic jumble––incomplete, inconsistent, poorly organized and hard to use.” EWG claims that its BPA database features 926 brands linked to 16,000 products, “including more than 8,000 soup, vegetable, sauce…

Following the release of U.S. Food and Drug Administration (FDA) final guidance finding that “evaporated cane juice” (ECJ) should be labeled as “sugar” on food products, Lifeway Foods has filed a motion arguing that the May 2016 rule should not affect the outcome of a consumer’s lawsuit against the company arguing it mislabeled its kefir smoothies. Figy v. Lifeway Foods Inc., No. 13-4828 (N.D. Cal., San Francisco Div., motion filed June 13, 2016). The case is one of many stayed or dismissed without prejudice awaiting FDA guidance after the agency announced it would reconsider the issue in March 2014. In its motion, Lifeway argues that the guidance is “intended to advise” and “does not establish any rights for any person and is not binding on the FDA or the public.” “The Guidance has no more bearing on Plaintiff’s claims under California’s consumer protection statutes than it has on his common…

The High Court of England and Wales has reportedly held DJ Houghton Chicken Catching Services liable for claims brought by six Lithuanian men who allege they were victims of trafficking. The company lost its license after police raids in 2012 found what the Gangmasters Licensing Authority called “the worst UK gangmaster ever.” The men assert that during their employment catching chickens for the company, they were denied sleep and toilet breaks, charged illegal work-finding fees, abused and assaulted, denied minimum wages and provided dirty, overcrowded and unsafe living quarters. The owners of the company argued that a Lithuanian supervisor was at fault for the treatment, but the court reportedly found that the supervisor’s methods were integral to business operations, leaving the company liable for his actions. The attorney representing the Lithuanian men told The Guardian, “This is the first time a British company has been found liable for victims of…

The European Commission (EC) has published a report finding that foods intended for sportspeople do not require special provisions under the regulation on food for specific groups (FSG Regulation), which will replace the framework on foodstuffs intended for particular nutritional uses (PARNUTs) on July 20, 2016. Based on the results of an external study commissioned by the EC Directorate General for Health and Food Safety, the report explains that the FSG Regulation covers foods targeting vulnerable population groups— such as food for infants and young children, food for special medical purposes, and total diet replacement for weight control—but does not extend to sports foods intended for either (i) sportspeople who practice sport more than once a week, or (ii) lifestyle users who practice sport less than once a week or not at all. “Thus, since a categorization as foodstuff intended for particular nutritional uses will no longer be available to…

The Center for Science in the Public Interest (CSPI) has submitted a letter to U.S. Food and Drug Administration (FDA) Commissioner Robert Califf urging the agency to prohibit retail distribution of highly concentrated caffeine products, including powdered (PPC), liquid and inhaled caffeine. The recently released letter supplements CSPI’s 2014 citizen petition requesting the ban following the deaths caused by over-ingestion of caffeine powder. FDA sent warning letters to companies selling the substance, but “FDA’s five letters appear to have ceased the sale of powdered caffeine at only the companies to which the agency addressed the letters,” the CSPI document argues. “In the larger marketplace, sales of PPC remain commonplace, and the substance is still widely available. This compelling evidence demonstrates why a ban is the only step that will protect consumers from the hazards of PPC.”   Issue 608

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