At the request of 13 member states, the Council of the European Union (EU) has adopted a draft directive granting its member states “more flexibility to decide whether or not they wish to cultivate genetically modified organisms (GMOs) on their territory.” In a July 23, 2014, press release, the council states that it sought “to provide a sound legal basis in the related EU legal framework in order to allow member states to restrict or prohibit the cultivation, in all or part of their territory, of GMOs that have been authorised or are under authorisation at the EU level.” The measure was originally proposed in 2009 but stalled after a 2011 draft; in June 2014, the EU Environmental Council reached a political agreement that led to this draft directive, which the council projects will be adopted in 2015. See Law360, July 23, 2014. Issue 531
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Representatives of more than 170 countries, the European Union and governmental and non-governmental organizations convened in Geneva, Switzerland, on July 14-18, 2014, for the annual meeting of the Codex Alimentarius Commission. Delegates reportedly adopted a recommendation that no more than 0.01 mg/kg of lead be allowed in infant formula and that raw materials be sourced from geographical areas where lead is less prevalent, citing the particular vulnerability of infants and young children to developmental health effects from lead exposure. Codex also set a maximum allowable level for arsenic in rice of 0.2 mg/kg because long-term exposure to the naturally occurring chemical has been linked to the development of cancer, heart disease and diabetes. Other decisions made during the annual meeting related to restricting the use of eight veterinary drugs (chloramphenicol, malachite green, carbadox, furazolidone, nitrofural, chlorpromazine, stilbenes and olaquinadox) in food-producing animals to prevent any residual quantities in meat, milk,…
The National Nanotechnology Coordination Office will host a July 31, 2014, webinar to discuss research undertaken by U.S. government National Nanotechnology Initiative (NNI) agencies. NNI’s six core research areas include nanomaterial measurement infrastructure; human exposure assessment; human health; environment; risk assessment and risk management methods; and informatics and modeling. See Federal Register, July 22, 2014. Issue 531
Following the recent death of an Ohio teenager whose autopsy reportedly revealed blood levels of more than 70 micrograms of caffeine per milliliter, the Food and Drug Administration (FDA) this week issued “consumer advice” warning parents that powdered pure caffeine is a “powerful stimulant and very small amounts may cause accidental overdose.” Such products are unregulated and sold as dietary supplements. According to the agency, a teaspoon of pure caffeine is “roughly equivalent” to the amount contained in 25 cups of coffee. FDA is encouraging the public as well as health care providers to report any adverse events related to consumption of powdered pure caffeine to the agency. See Associated Press, July 19, 2014; FDA Consumer Advice on Powdered Pure Caffeine, July 21, 2014. Issue 531
The White House has issued a June 24, 2014, memorandum creating a federal strategy “to promote the health of honey bees and other pollinators.” Highlighting the critical role of pollinators in agriculture and the economy, the memorandum establishes an interagency Pollinator Health Task Force and directs members to develop a National Pollinator Health Strategy by December 21, 2014. Among other things, the strategy requires an action plan for understanding, preventing and recovering from pollinator losses through the use of longitudinal studies, expanded data collection and sharing, assessment of native pollinator populations, and development of affordable seed mixes for the maintenance of honey bees and other pollinators. Agency representatives appointed to the task force will also implement a number of policies designed to incorporate pollinator health into the management of federal land, rights-of-way, and restoration and reclamation projects. To this end, the White House has called for further education to help…
Former U.S. Food and Drug Administration Commissioner David Kessler has authored a perspective article in the July 17, 2014, issue of The New England Journal of Medicine, arguing that the agency’s proposed revisions to the Nutrition Facts panel “don’t go far enough.” While praising the first amendments to the panel since its launch in 1997, the article claims that the proposed changes not only stop short of specifying a Daily Value for added sugar but fail to consider a product’s overall nutritional value. Additional details about FDA’s proposed labeling revisions appear in Issue 515 of this Update. “There is nothing in the new framework that actively encourages consumers to purchase food rich in the fruits, vegetables, and whole grains that are rightfully considered ‘real food,’” explains Kessler. “Instead, the focus is on specific nutrients—an emphasis that gives food companies an incentive to fortify their products so they can make claims such…
The Food Marketing Workgroup (FMW) has sent a July 16, 2014, letter to Kraft Foods Group, Inc., questioning how the company purportedly markets its Lunchables product line to children. Signed by Rudd Center for Food Policy and Obesity Director of Marketing Initiatives Jennifer Harris and Center for Science in the Public Interest Director of Nutrition Policy Margo Wootan, the letter cites a recent Rudd Center report alleging that just five out of 42 Lunchables meet nutrition standards under the Children’s Food and Beverage Advertising Initiative (CFBAI). In particular, FMW claims that even though Kraft restricts its child-directed advertising to only those products that comply with CFBAI, the use of sweepstakes offers, in-store displays and other tactics could still contravene industry guidelines. “In the supermarket, less nutritious versions of Lunchables outnumber the healthier ones by six to one, and the healthier varieties are most likely to be stocked on the top…
Advocate General Niilo Jääskinen of the EU Court of Justice has issued an opinion in the case of a morbidly obese child-minder in Denmark who lost his job, allegedly due to unlawful discrimination, finding that “if obesity has reached such a degree that it plainly hinders participation in professional life, then this can be a disability” under the Equal Treatment in Employment Directive. Karsten Kaltoft, who never weighed less than 352 pounds (with a BMI of 54) during his 15-year tenure with the Municipality of Billund taking care of other people’s children in his home until he was terminated, claimed that his dismissal was based on his weight and sought damages for discrimination. The Court of Kolding in Denmark referred the case to the EU Court of Justice, seeking an opinion on whether the EU Treaty and Charter included a “self-standing prohibition on discrimination on the grounds of obesity,” or…
A federal court in Georgia has delayed until July 28, 2014, the criminal proceedings against Stewart Parnell, former owner of the Peanut Corp. of America, which was implicated in a 2008-2009 nationwide Salmonella outbreak that sickened hundreds and led to at least nine deaths. United States v. Parnell, No. 13-cr-12 (M.D. Ga., order entered July 11, 2014). The defendants, including former vice president of sales Michael Parnell and former quality assurance manager Mary Wilkerson, had argued that they did not have time to review some 100,000 documents produced by the prosecution just days before the original July 14 trial date. The court refused to dismiss the 76-count felony indictment as an alternative remedy. Meanwhile, the court is also considering whether a Centers for Disease Control and Prevention (CDC) official should be allowed to testify during the trial, indicating that it would conduct a Daubert hearing to determine whether the testimony of CDC…
A California federal court has approved a settlement in a class action alleging that Trader Joe’s labels items with synthetic ingredients as “All Natural.” Larsen v. Trader Joe’s Co., No. 11-5188 (N.D. Cal., order entered July 11, 2014). Trader Joe’s will pay $3.375 million to a settlement fund to compensate class members with a proof of purchase for all products and members without a proof of purchase for up to 10 items, with leftover funds to be distributed as products to class members at retail locations throughout the United States. Plaintiffs’ counsel will receive $950,000 of the fund. In 2011, plaintiffs accused Trader Joe’s of labeling several of its food products as “All Natural” or “100% Natural” despite containing one or more synthetic ingredients, which they alleged constituted fraud and unlawful business practices under federal and California law. The parties attended three mediation sessions supervised by a retired judge, but they…
