The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has announced its decision to partially deregulate the Roundup Ready® sugar beets developed by the Monsanto Co. These genetically engineered (GE) sugar beets resist the company’s Roundup Ready® herbicide. A court previously determined that APHIS violated the National Environmental Policy Act by deregulating the sugar beets without conducting an environmental impact statement (EIS). APHIS’s interim action was taken on the basis of its finding of no significant impact on human health or the environment by the GE sugar beet root crops and will remain in effect until its EIS is completed in 2012. The agency’s action means that farmers can continue planting GE sugar beets under mandatory conditions that will restrict their movement and environmental release. According to APHIS, these conditions will ensure “that the implementation of this interim regulatory action will not result in any environmental impacts…
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Walmart has unveiled a plan to provide healthier food choices at reduced prices, setting specific targets for lowering sodium, trans fats and added sugars in thousands of packaged foods by 2015. Joined by first lady Michelle Obama at an event in Washington, D.C., the major grocer outlined key elements of the initiative that built on her “Let’s Move” campaign to make healthy choices more convenient and affordable. The initiative includes (i) reducing sodium by 25 percent in grain products, luncheon meats, salad dressings, and frozen entrees; (ii) reducing added sugars by 10 percent in dairy items, sauces and fruit drinks; (iii) removing “all remaining industrially produced trans fats” in packaged foods; (iv) making healthier choices more affordable through a “variety of sourcing, pricing and transportation and logistics initiatives”; (v) developing “strong criteria for a simple front-of-package seal” to identify “truly healthier food options”; (vi) “providing solutions to address food deserts…
The Ninth Circuit Court of Appeals has reportedly issued a temporary stay of a district court order mandating the destruction of 256 acres of genetically engineered (GE) sugar beet seedlings that were, according to the lower court, planted illegally in September 2010. Ctr. for Food Safety v. Vilsack, No. 10-04038 (N.D. Cal., decided November 30, 2010). Press sources indicate that the Ninth Circuit’s postponement is scheduled to expire December 23, when the court will either allow the crop destruction to proceed or extend the stay until it can thoroughly review an appeal from the lower court order granting the plaintiffs’ motion to remedy violations of the National Environmental Policy Act (NEPA) by pulling the seedlings out of the ground. The seedlings were being grown to produce seed for future Roundup Ready® sugar beet crops, which are resistant to glyphosate, an ingredient in a popular herbicide. GE sugar beet critics contend…
The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA) has published a notice inviting public comment on its draft environmental assessment for genetically engineered (GE) sugar beets. Comments must be submitted by December 6, 2010. APHIS conducted the assessment in response to a request that it partially deregulate GE sugar beets “to authorize the continued cultivation of the GE sugar beets subject to carefully tailored interim measures proposed by APHIS.” A federal court in California determined in August that APHIS had violated federal environmental laws by approving the crop’s deregulation without the preparation of an appropriate environmental assessment. More information about the court’s decision appears in Issue 361 of this Update. When USDA then began issuing permits to sugar beet seed producers to allow GE sugar beets to be planted in fall 2010, environmental groups and farmers challenged the action, and the court found…
The University of Southern California Childhood Obesity Research Center (CORC) has published a study claiming that high-fructose corn syrup (HFCS) contains 18 percent more fructose than estimated by soft drink manufacturers. Emily Ventura, Jaimie Davis and Michael I. Goran, “Sugar Content of Popular Sweetened Beverages Based on Objective Laboratory Analysis: Focus on Fructose Content,” Obesity, October 2010. According to the study, food and nutrition researchers usually assume that the ratio of fructose to glucose in HFCS is 55 to 45, based on information provided by the Corn Refiners Association. But after analyzing 23 sugar-sweetened beverages and four standard solutions with high-performance liquid chromatography, CORC allegedly determined that not only was the mean fructose content 59 percent, but that “several major brands appear to be produced with HFCS that is 65 [percent] fructose.” The study also raises questions about the other kind of sugars used in these beverages, reporting “significant deviations…
In a recent FindLaw article, Cornell Law School Professor Sherry Colb addresses whether New York City Mayor Michael Bloomberg’s proposal to prevent food stamp recipients from buying sugar-sweetened sodas and beverages violates any constitutional proscriptions. Titled “No Buying Soda with Food Stamps? Considering Mayor Bloomberg’s New Health Initiative,” Colb’s article concludes that arguments about equal treatment for the poor and consumer freedom in general hold no weight given the overwhelming risks to public health posed by “unhealthy, empty-calorie food.” She expresses confidence that food stamp recipients will experience measurable benefits by avoiding some unhealthy foods, which will convince public officials to expand such initiatives “to take on various industries that profit at the expense of human health.” Meanwhile, a New York Times article discusses what prompted a writer and former Rutgers professor to begin the “Candy Professor” blog, which apparently “dives deep into the American relationship with candy, finding irrational and…
The Institute of Medicine (IOM) has released the first phase of its report on front-of-package (FOP) rating systems and symbols for food products and recommends that the nutrients of greatest concern to consumers—calories, saturated fats, trans fat, and sodium—as well as serving size, should be highlighted, with calorie-count and serving-size information displayed prominently. According to IOM, “The inclusion of total calories is one way to emphasize the importance of calories in the diet and may help consumers identify lower calorie foods and track the number of calories consumed, . . . [while] serving size information may help consumers better visualize realistic serving sizes and put that portion into context with the other foods and beverages they are consuming.” Sponsored by the Centers for Disease Control and Prevention and the Food and Drug Administration (FDA), the report, titled “Examination of Front-of-Package Nutrition Rating Systems and Symbols: Phase 1 Report,” examines and compares…
A federal court in California has determined that an agency decision to allow planting of genetically modified (GM) sugar beet stecklings (seedlings) without conducting an environmental assessment likely violated federal law and has ordered the parties to file briefs as to the appropriate remedy now that most of the stecklings authorized have been planted. Ctr. for Food Safety v. Vilsack, No. 10-04038 (N.D. Cal., decided September 28, 2010). Additional information about the lawsuit’s challenge to action taken by the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) appear in Issue 363 of this Update. The court first addressed whether seed companies could intervene in the matter and ruled that they could do so as to the remedies, but not as to the merits, that is, whether APHIS violated federal environmental laws including the National Environmental Policy Act (NEPA) by issuing the permits without conducting an environmental review. The…
The Corn Refiners Association has petitioned the Food and Drug Administration (FDA) “to allow manufacturers the option of using ‘corn sugar’ as an alternative name for high fructose corn syrup.” The trade group contends that the public is confused about what the sweetener is and that “‘corn sugar’ succinctly and accurately describes what this natural ingredient is and where it comes from—corn.” According to an association press release, “Contrary to widespread consumer belief, high fructose corn syrup—a safe and affordable natural sweetener found in many popular products on grocery shelves—is not high in fructose when compared with other commonly used nutritive sweeteners, including table sugar, honey and fruit juice concentrates.” Food industry critics immediately responded to news about the petition by claiming those who produce high-fructose corn syrup (HFCS) are less concerned about “epidemic rates of obesity, diabetes and corn allergies” than they are about “a 20 year low in…
After the U.S. Department of Agriculture announced that it had begun issuing permits to sugar beet seed producers to plant genetically modified (GM) crops this fall, the Center for Food Safety and a number of other groups filed a lawsuit in federal court challenging the action. When Agriculture Secretary Tom Vilsack announced the agency’s “next steps” as to Roundup Ready® sugar beets, he acknowledged the August 2010 federal court ruling that returned GM sugar beets to regulated status until the Animal and Plant Health Inspection Service (APHIS) can complete an environmental impact statement (EIS) about the effects of deregulating the crop. According to APHIS, producers who have applied for the permits will be allowed to plant GM seedlings immediately but must not allow them to flower, and the agency will make decisions about interim regulatory measures by the end of the year on the seed producer’s request to partially deregulate…
