A California federal court has dismissed with prejudice a putative class action alleging that Hain Celestial Group Inc. mislabels its vegetable juice products as “organic” and “raw” one day before a proposed class action was filed against the company in New York federal court alleging similar claims about its baby foods and home care products. Alamilla, et al. v. Hain Celestial Group, Inc., No. 13–5595 (N.D. Cal., order entered July 2, 2014); Segedie v. The Hain Celestial Group, Inc., No. 14–5029 (S.D.N.Y., filed July 3, 2014). The California court dismissed the case based on two articles cited and incorporated into the complaint concluding that “pressurization has ‘little or no effects’ on nutritional and sensory quality aspects of foods,” which contradicted the plaintiffs’ argument that the treatment deprives the juice of nutritional value and that the company’s representations that it does not cook the juice are thus misleading. As a result of…
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A California federal court has granted motions to amend the judgment in two cases previously dismissed to accord primary jurisdiction to the U.S. Food and Drug Administration (FDA), each alleging that the defendants mislabeled their food products as including “evaporated cane juice” (ECJ) rather than the more common term, sugar. Swearingen v. Santa Cruz Natural Inc., No. 13–4291 (U.S. Dist. Ct., N.D. Cal., order entered July 1, 2014); Figy v. Amy’s Kitchen Inc., No. 13–3816 (U.S. Dist. Ct., N.D. Cal., order entered July 7, 2014). The court cited “the unique circumstances,” “the potential prejudice to plaintiff,” and “the apparent lack of prejudice to the defendant” in amending its previous decisions to dismiss the cases without prejudice rather than stay them. The plaintiffs had argued that allowing the dismissal to remain rather than issuing a stay through the end of 2014 would likely result in the loss of a year of…
Environmental groups have brought actions in state court and before the U.S. Environmental Protection Agency (EPA) seeking action to halt the use of certain insecticides that they claim are linked to the collapse of bee colonies. In California, Pesticide Action Network North America and other groups call on the state Department of Pesticide Registration to “stop approving neonicotinoid pesticides pending its completion of a comprehensive scientific review of impact to honeybees.” Pesticide Action Network N. Am. v. Cal. Dep’t of Pesticide Regulation, No. RG14731906 (Cal. Super. Ct., Alameda Cty., filed July 8, 2014). They specifically challenge the department’s June 13, 2014, decision to expand the use of two neonicotinoid insecticides while its scientific review, begun in 2009, remains pending. Claiming violations of the California Environmental Quality Act and Food and Agricultural Code, the organizations seek a stay of the decision or a writ of mandate directing the department to vacate the decision,…
Citizens of San Francisco and Berkeley will be voting on the implementation of a soda tax in the November 2014 elections. Similar taxes have failed to garner sufficient support in the past five years, with about 30 propositions introduced and none passed, including two that went to ballot and were defeated in California in 2012. Other countries have found more success with similar measures—among others, France and Mexico have each imposed taxes on sugary drinks. The San Francisco proposal, which needs a two-thirds vote to pass, would add a 2-cent-per-ounce tax on sugary drinks, excluding milk or natural fruit juice without added sugar, while the similar Berkeley proposal is 1-cent per-ounce and needs only a majority of the vote. See Associated Press, July 8, 2014. Issue 529
The Danish Ministry of the Environment has stated that the government intends to pressure the European Commission to phase out certain phthalates—including BBP, DEHP, DBP, and DIBP, which are used to soften plastics such as food containers—after the European Court of Justice found that Denmark’s proposed ban on them conflicts with EU regulations. Environment Minister Kirsten Brosbøl said, “I’m putting pressure on the Commission to speed up assessment and regulation of these substances in the EU. I haven’t given up on the ban or other regulation on phthalates, and therefore I’ve asked the Danish EPA to look into whether there is a new basis for Danish phthalate regulations, if the assessment by the European Chemicals Agency does not result in common EU regulations.” According to Brosbøl, the ministry will step up efforts to educate consumers “about products containing harmful chemistry and increase the use of the Nordic Ecolabel on products…
The Scientific Advisory Committee on Nutrition (SACN) recently issued a draft “Carbohydrates and Health” report urging Public Health England (PHE) to halve the current population guidelines for added sugar intake. An independent expert panel that advises government agencies on nutrition and dietary matters, SACN created a Carbohydrates Working Group at the request of the U.K. Food Standards Agency and Department of Health to clarify “the relationship between dietary carbohydrates and health.” To this end, the working group reviewed scientific literature on “the terminology, classification and definitions of types of carbohydrates in the diet,” as well as evidence concerning the effects of dietary carbohydrates on oral, colorectal and cardiovascular health. After analyzing 225 prospective cohort studies and 403 randomized controlled trials, the working group concluded that although “total carbohydrate intake appears to be neither detrimental nor beneficial to cardio-metabolic health and colorectal health,” the consumption of added sugars increases energy intake…
The European Food Safety Authority’s (EFSA’s) Panel on Contaminants in the Food Chain (CONTAM Panel) has published a draft scientific opinion on acrylamide (AA) in food that urges the further reduction of dietary exposure to the substance. According to the draft opinion, AA is formed when the sugars and amino acids in carbohydrate-rich foods—such as coffee, fried potato products, cookies, crackers, bread, and some baby foods—undergo a Maillard reaction during high-temperature cooking. Animal studies have allegedly linked AA consumption to an increased risk of certain cancers, although the panel noted that the substance’s effects on the nervous system, pre- and post-natal development, and male reproduction are not considered a concern based on current exposure levels. To estimate human dietary exposure to AA, the CONTAM Panel analyzed 43,419 results collected since 2010 by 24 EU member states and six food associations. The findings evidently showed that infants, toddlers and other children…
Food and Drug Administration (FDA) representatives are slated to present findings of the agency’s analysis of more than 200 foods containing Class III and Class IV caramels for 4-methylimidazole (4-MEI), a chemical byproduct of manufacturing processes, during the American Chemical Society National Meeting & Exposition, August 10-14, 2014, in San Francisco, California. According to the session abstract, FDA’s analysis estimated dietary exposure to 4-MEI for six U.S. populations: infants younger than age 1; 1-year-olds; children ages 2 and older; children ages 2 to 5; children ages 6 to 12; and teenage boys ages 12 to 18. Consumer Reports has urged the agency to set standards for 4-MEI in foods and called on manufacturers to disclose the types of caramel color in their products so that consumers can avoid 4-MEI. The compound was added to California’s Proposition 65 list of substances known to the state to cause cancer in 2011 based…
The U.S. Department of Agriculture’s Office of Food Safety and the Agricultural Marketing Service have announced an August 12, 2014, public meeting in Washington, D.C., to provide information and discuss draft U.S. positions to be discussed at the 27th Session of the Codex Committee on Processed Fruits and Vegetables slated for September 8-12 in Philadelphia. Agenda items include draft standards and proposed draft annexes for certain canned fruits and quick frozen vegetables as well as a proposed draft standard for ginseng products. See Federal Register, July 8, 2014. Issue 529
Sen. Edward Markey (D-Mass.), Rep. Lois Capps (D-Calif.) and Rep. Grace Meng (D-N.Y.) have introduced legislation that would ban the synthetic compound bisphenol A (BPA) from food and beverage containers, citing research reportedly linking BPA to a variety of health problems. In addition, the companion bills would authorize the U.S. Food and Drug Administration to grant one-year waivers from the provisions so long as the manufacturers begin labeling products that contain BPA. “The Ban Poisonous Additives Act will help ensure that our factories and our entire food supply are free from this damaging chemical,” Markey said. “It’s time to ban BPA and move to safer alternatives.” See Law360, July 9, 2014. Issue 529
