The U.S. Department of Agriculture (USDA) has issued an order requiring pork producers, veterinarians and diagnostic laboratories to report new incidents of porcine epidemic diarrhea virus (PEDv) and porcine deltacoronavirus to state health officials or USDA’s Animal and Plant Health Inspection Service. The order formalizes measures announced in April to combat the spread of PEDv, which has killed some seven million piglets since it was identified in early 2013. USDA also announced $26.2 million to fund a variety of activities to combat the diseases and support affected producers, including vaccine development, state management and diagnostic testing. More information on the April announcement appears in Issue 521 of this Update. Issue 526
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The U.S. Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA) have joined to issue draft guidance on mercury levels and fish consumption, directed at pregnant women and guardians of young children. Recommendations include eating 8 to 12 ounces (two to three servings) of low-mercury fish like tilapia, catfish, cod, salmon, and shrimp as well as avoiding four fish high in mercury (shark, swordfish, king mackerel, and tilefish from the Gulf of Mexico) and limiting albacore tuna intake to less than 6 ounces per week. The conclusion of the comment period has not yet been announced. More information on FDA’s updated guidance appears in Issue 525 of this Update. Issue 526
The U.S. Food and Drug Administration (FDA) has issued a clarification of its position on artisanal cheesemakers’ use of wood shelving, which can aid in aging cheese by controlling moisture to form rinds and hosting microbes that add character and flavor. FDA’s Constituent Update called reports that the agency established a new rule banning wood shelving “not accurate,” instead noting that its regulations merely require that “utensils and other surfaces that contact food must be ‘adequately cleanable’ and ‘properly maintained.’” The confusion comes from a letter sent by FDA’s Center for Food Safety and Applied Nutrition to the New York State Department of Agriculture and Markets indicating that wooden surfaces could not be adequately cleaned, thus violating the standards of the Food Safety Modernization Act. The Constituent Update noted that the letter was intended as a background of wood shelving use for aging cheeses and an analysis of relevant scientific…
The U.S. Food and Drug Administration (FDA) has announced a final rule setting standards for manufacturers of infant formula. With a compliance date of September 8, 2014, the final rule includes (i) “current good manufacturing practices specifically designed for infant formula, including required testing for the harmful pathogens (disease-causing bacteria) Salmonella and Cronobacter”; (ii) “a requirement that manufacturers demonstrate that the infant formulas they produce support normal physical growth”; and (iii) “a requirement that infant formulas be tested for nutrient content in the final product stage, before entering the market, and at the end of the products’ shelf life.” Although many companies have already adopted these standards on a voluntary basis, the final rule creates federally enforceable requirements for powdered, liquid concentrate and ready-to-feed formulas. “FDA does not approve infant formulas before they can be marketed,” notes the agency in a June 9, 2014, press release. “However, all formulas marketed…
A recent review of literature on the impact of the economic environment on obesity has purportedly concluded that “effective economic measures policies to curb obesity remain elusive.” Roland Sturm and Ruopeng An, “Obesity and Economic Environments,” CA: A Cancer Journal for Clinicians, May 2014. Funded by the National Institutes of Health and RAND Corp., the study finds that U.S. obesity rates have continued to rise across all sociodemographic groups and geographic areas despite “increases in leisure time (rather than increased work hours), increased fruit and vegetable availability (rather than a decline in healthier foods), and increased exercise uptake.” Calling into question “some widely held, but incorrect, beliefs,” the study’s authors suggest that decreasing prices have played a primary role in food consumption patterns. Noting that consumers today spend only one-tenth of their disposable income on food, the researchers report that taxes on low-nutritional foods and other large price interventions “could…
The New York City Department of Health and Mental Hygiene (DOHMH) has reportedly partnered with the restaurant review website Yelp to help health officials discover foodborne illness outbreaks and the restaurants allegedly responsible for them. While investigating an outbreak of gastrointestinal disease associated with a particular restaurant, DOHMH officials had apparently noted that patrons had reported illnesses on Yelp that had not been reported to DOHMH. To explore the potential of using Yelp to identify unreported outbreaks, DOHMH then collaborated with Columbia University and Yelp on a pilot project to identify restaurant reviews on Yelp that referred to foodborne illness. Researchers analyzed approximately 294,000 Yelp restaurant reviews from July 2012 to March 2013, using a software program developed specifically for the project. According to the Centers for Disease Control and Prevention, which published a report detailing the project, the program identified 893 reviews that required further evaluation by a foodborne…
The Yale Rudd Center for Food Policy and Obesity has issued new guidelines that aim to “educate media representatives on how to appropriately discuss the disease of obesity in the media.” Titled “Guidelines for Media Portrayals of Individuals Affected by Obesity,” the report notes that the media is an “important and influential source of information about obesity,” and the manner in which obesity, weight loss and weight maintenance are portrayed, described and framed by the media “profoundly shapes the public’s understanding and attitudes toward these important health issues and the individuals affected by them.” Describing the media as “an especially pervasive source of stigmatization against people with obesity,” Rudd Center researchers note that photographs and videos tend to portray people with obesity as headless (i.e., only from the shoulders down), from unflattering angles (e.g., with only their abdomens or lower bodies shown), and engaging in stereotypical behaviors (e.g., eating unhealthy foods…
Friends of the Earth has released a May 2014 report titled “Tiny Ingredients Big Risks,” claiming that some popular food products contain unlabeled manufactured nanomaterials. Based on information obtained from the Woodrow Wilson International Center for Scholars Project on Emerging Nanotechnologies (PEN), the report identifies 94 food and beverage products—including almond milk, cereal, soy and dairy products, oils, and sports beverages—that purportedly contain nano-ingredients such as titanium dioxide, silver and “nano-sized self assembled structured liquids” known as micelles. According to the report, the number of products on this list has allegedly increased tenfold since the consumer group published its last report in 2008. “Friends of the Earth calls upon food companies and government regulators to stop this influx of nanofoods into the market, given the absence of regulations to ensure these novel products are safe for human health and the environment and labels to ensure consumer right to know,” opines…
According to a news source, the Irwindale City Council has decided to drop its public-nuisance declaration and lawsuit against Huy Fong Foods, the California-based company that makes the popular Sriracha hot sauce. Information about the dispute appears in Issue 520 of this Update. The company had asked for more time to address the odors emitted from its facility; residents had complained about burning throats and eyes since the hot sauce maker moved its main operation to Irwindale in 2013. Council’s vote was reportedly taken behind closed doors after a meeting with company CEO David Tran and representatives from the governor’s Business and Economic Development Office. Tran has indicated that better filters have been installed and should block fumes during the chili-grinding season that begins in August. See AP, May 29, 2014. Issue 525
A wheelchair-bound plaintiff has reportedly filed a putative class action in California state court against the largest franchisee of TGI Friday’s, Briad Restaurant Group LLC, for alleged violations of the Americans with Disabilities Act (ADA). Hicks v. Briad Restaurants Grp. LLC, No. BC546927 (Cal. Super. Ct., Los Angeles Cty., filed May 28, 2014). Plaintiff, Chris Hicks, alleges that Briad Restaurant violated the ADA by having deficient bathroom facilities and insufficient signage for disabled parking spaces in at least 20 of its locations, and he further asserts that the company had received notice of the issues, was given an opportunity to fix them and failed to do so. As a result, Hicks argues that Briad Restaurant has violated the Unruh Civil Rights Act and the California Disabled Persons Act and seeks statutory relief and injunctive damages. See Law360, May 29, 2014 Issue 525
