The representatives of a man who died of botulism have filed a lawsuit in federal court against Malo, Inc. and Massmann Enterprises, Inc., claiming that the companies responsible for maintaining food canning equipment at a Atlanta, Georgia, facility failed to warn owner Bumble Bee Foods, LLC about a leaky water valve . Caffrey et al. v. Malo, Inc. and Massmann Enterprises, Inc., No. 09-104 (S.D. Ga., September 2, 2009). The complaint alleges that the defendants should have known that the defective equipment would prevent the canning process from achieving the high temperatures and pressures necessary for sterilization. The malfunction purportedly resulted in the distribution of botulism-tainted chili, beef stew and hot dog chili sauce that led to the death of Jeffrey Caffrey in September 2007. The sister and mother of the deceased are reportedly seeking $13.5 million for negligence, wrongful death, product liability, pain and suffering, and loss of consortium. See…
California’s Office of Environmental Health Hazard Assessment (OEHHA) has reportedly drawn criticism from both the food industry and environmental groups over a recent draft proposal to amend its Proposition 65 (Prop. 65) regulations governing food chemicals. Prop. 65 requires food and beverage manufacturers and retailers to provide “clear and reasonable warning“ to individuals about any substance known to the state to cause cancer, birth defects or other reproductive harms. The amendment to “safe harbor” regulations in Title 27, California Code of Regulations, section 25601, would create a centralized Web database where participating manufacturers could post product-specific warning information for use by retailers and consumers. “These are voluntary actions and all food manufacturers or retailers are still free to provide a warning via another ‘safe harbor’ method or any other method that provides a clear and reasonable warning,” according to OEHHA, which has also announced a September 25 public meeting about…
California legislators have reportedly rejected a bill (S.B. 797) that would have required manufacturers to remove by 2011 the chemical bisphenol A (BPA) from food and beverage containers intended for children ages 3 and younger. Unable to garner the 41 votes needed to pass in the Assembly, the bill will reportedly come under reconsideration in 2010. The bill’s sponsor, Senator Fran Pavley, (D-Agoura Hills), has reportedly accused the chemical industry of an “expensive and shamefully deceptive lobbying campaign,” alleging that some senators were told that food production plants in their district would close if the bill was passed. “It’s a shame that we have failed to protect our most vulnerable citizens,” Pavley said. Despite claims purportedly linking BPA to early onset puberty, obesity, birth defects, and breast cancer, the chemical industry has repeatedly pointed to a global consensus among food safety bodies that the substance is safe for use in…
The chair of the California Senate’s Select Committee on Obesity and Diabetes has reportedly announced a November 2009 hearing to discuss the purported link between sweetened beverage consumption and obesity. An author of the state’s menu labeling laws, California Senator Alex Padilla (D-San Fernando Valley) issued the September 17, 2009, press release in response to a report published by the California Center for Public Health Advocacy (CCPHA) and UCLA Center for Health Policy Research. Titled Bubbling Over: Soda Consumption and its Link to Obesity in California, the study used data from the 2005 California Health Interview Survey to conclude that “41 percent of children (ages 2-11), 62 percent of adolescents (ages 12-17) and 24 percent of adults drink at least one soda or other sugar-sweetened beverage every day.” It also apparently found that “adults who drink one or more sodas or other sugar-sweetened beverages every day are 27 percent more likely…
The Food and Drug Administration (FDA) has opened the Reportable Food Registry (RFR) as a new way to head off potential cases of foodborne illness. The system requires food companies that manufacture, process or hold food for consumption in the United States to report potentially dangerous products to FDA within 24 hours “if they find a reasonable probability that an article of food will cause severe health problems or death to a person or an animal,” according to an agency news release. The reporting requirement applies to all foods and animal feed regulated by FDA except infant formula and dietary supplements, which are covered by other regulatory requirements. Under rules governing the RFR, the responsible party charged with reporting to FDA must investigate the cause of the adulteration, submit initial information and supplemental reports, and follow up with FDA as needed. The responsible party is not required to report if…
Freelance writer Kristin Choo opens this overview of food safety in the United States by observing, “You could fill a shopping cart with foods recently linked to outbreaks of illness caused by contamination. In June, it was cookie dough. In May, it was alfalfa sprouts. Before that, it was pistachios, peanuts, spinach, tomatoes, jalapeno peppers and, of course, hamburger.” She discusses the piecemeal development of national food safety regulation, which has resulted in some 15 “different federal entities now regulat[ing] various aspects of food safety.” And she discusses the most recent initiatives to address the problem, including the Obama administration’s formation of a Food Safety Working Group which recently found that our food supply system “is hamstrung by outdated laws, insufficient resources, suboptimal management structures, and poor coordination across agencies and with states and localities. This approach was not rationally designed. Rather, it developed in fits and starts as the nation’s…
A new anti-obesity ad unveiled by the New York City Department of Health and Mental Hygiene depicts globs of human fat gushing from a soda bottle and asks the question: “Are you pouring on the pounds? Don’t drink yourself fat.” The ad urges viewers to choose water, seltzer or low-fat milk instead of high-calorie sodas and juice drinks. The $277,000 ad, which will run in 1,500 subways subway cars for three months, was apparently denounced by the American Beverage Association as “counterproductive to serious efforts to address a complex issues such as obesity.” ABA spokesperson Kevin Keane said the ad campaign is “over the top and unfortunately is going to undermine meaningful efforts to educate people about how to maintain a healthy weight by balancing calories consumed from all foods and beverages with calories burned through exercise.” But Cathy Nonas, a dietitian for the city’s health and mental hygiene department,…
The cover story from the latest Chemical & Engineering News details the challenges faced by food and drug makers to keep chemical leaching from product packaging and processing to a minimum. According to the article, even the most inert substances used in food packaging, such as glass, can leach chemicals because they are typically capped with metal, rubber or plastic. For example, carbon black and nitrosamines, both carcinogens, have been used to process rubber and have been found leaching from asthma inhalers and baby-bottle nipples. Bisphenol A and the chemicals in the inks used on labels are also discussed; apparently, even plastic barriers cannot stop ink migration. The article notes, “Speak with anyone who produces, studies, or regulates packaging, and you will hear this point repeated: It is not a question of whether packaging components will leach into a product, it’s a question of how much.” Complicating the issue are…
The Institute of Medicine (IOM) has published a report titled Local Government Actions to Prevent Childhood Obesity, which advises cities, counties and townships to adopt a variety of health measures likely to directly affect children outside the regular school day. According to IOM, “16.3 percent of children and adolescents between the ages of two and 19 are obese” and “more likely than their lower-weight counterparts to develop hypertension, high cholesterol, and type 2 diabetes when they are young.” The report identifies nine healthy eating strategies focused on improving community and individual access to “healthy, safe and affordable foods”; reducing access to “calorie-dense, nutrient-poor foods”; and raising awareness about childhood obesity prevention. In addition, IOM offers six strategies designed to encourage physical activity, reduce sedentary behavior and stress the importance of sustained exercise. To further these goals, the report urges local policymakers to consider a number of action steps, including: (i) menu labeling…
Putative class claims have been filed in a California federal court against Old Mother Hubbard, Inc. and Petco Animal Supplies, Inc. alleging fraud in the sale of Wellness pet food. Barney v. Old Mother Hubbard, Inc., No. 09-06194 (C.D. Cal., filed August 25, 2009). According to a news source, the complaint contends that the pet food, which is more expensive than other brands, is advertised as containing only “human grade” meat, while it actually contains feathers, viscera, skin, and bones. The plaintiffs, who have invoked the court’s diversity jurisdiction, seek punitive damages and an injunction to stop ads which allegedly claim that the pet food ingredients are “of the same quality you would feed to your own family.” See Courthouse News Service, August 31, 2009.
