The World Health Organization’s Regional Office for Europe (WHO/EU) reportedly warned attendees of a February 25-26, 2014, health conference held by the European Commission and the Greek Presidency of the Council of the European Union that “being overweight is so common that it risks becoming a new norm.” According to a February 25, 2014, press release, WHO/ EU reported that 27 percent of 13-year-olds and 33 percent of 11-year-olds are now overweight, while 30 percent of boys and girls ages 15 and older “are not getting enough physical activity” in 23 of the 36 countries profiled by the organization. Although it noted the role of physical inactivity in rising obesity rates, WHO/ EU ultimately urged national governments to consider implementing stricter labeling and food product regulations that would require “the food industry to take responsibility.” “We must not let another generation grow up with obesity as the new norm,” said…
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The U.S. Food and Drug Administration (FDA) has issued a final rule denying requests for a stay of the effective date and for a hearing on the final rule concerning the use of irradiation in food production, processing and handling. Originally appearing in the August 22, 2008, Federal Register, the rule amended food additive regulations to permit the use of ionizing radiation to control foodborne pathogens and extend the shelf life of fresh iceberg lettuce and spinach. After reviewing objections to the final rule and requests for a hearing, FDA has concluded that “the objections do not raise issues of material fact that justify a hearing or otherwise provide a basis for revoking or modifying the amendment to the regulation,” and confirmed August 22, 2008, as the effective date for the final rule. Issue 515
The U.S. Food and Drug Administration (FDA) has proposed revisions to the Nutrition Facts label that would emphasize the number of calories and servings per container, among other things. As the agency explained in a February 27, 2014, press release, the new panels would not only display calories per serving in larger, bolder type, but would update serving sizes to reflect “the reality of what people actually eat, according to recent food consumption data.” In addition to breaking out the amount of added sugar as a separate item, the labels would make “the number of servings per package . . . more prominent,” with “amount per serving” tied to the actual serving size, e.g., “Amount per cup.” FDA has also recommended updating the daily values for various nutrients, listing potassium and vitamin D amounts on the label, and removing “calories from fat” completely. “Obesity, heart disease and other chronic diseases…
Researchers with the University of Illinois, Chicago, Institute for Health Research and Policy have published a study allegedly concluding that, contrary to industry claims, sugar-sweetened beverage (SSB) taxes “do not have a negative impact on state-level employment.” Lisa Powell, et al., “Employment Impact of Sugar-Sweetened Beverage Taxes,” American Journal of Public Health, February 2014. Using a macroeconomic simulation model to assess the employment impact of a 20-percent state-level SSB tax in California and Illinois, the study’s authors also factored “changes in SSB demand, substitution to non-SSBs, income effects, and government expenditures of tax revenues” into their final calculations. Based on this analysis, the study estimates that SSB sales would decline by $678.8 million in Illinois and $1.2 billion in California as the result of a 20-percent tax. At the same time, however, SSB taxes would increase government revenue by $554.3 million in Illinois and $940.4 million in California while sales revenue…
“Soda and other sugary drinks are popping up on city and state dockets across the nation, as lawmakers attempt to curb America’s consumption of certain beverages,” writes Time reporter Katy Steinmetz in this February 20, 2014, article summarizing recent campaigns to limit sales of sugar-sweetened beverages (SSBs) and energy drinks while raising revenue for government-backed health initiatives. In addition to San Francisco’s efforts to impose a SSB tax, Steinmetz notes similar proposals under consideration in Illinois and Berkeley, California, as well as attempts by Maryland and Los Angeles legislators to impose age restrictions on energy drink purchases. According to the article, San Francisco’s latest measure has garnered broad support from the city’s board of supervisors, “effectively guaranteeing that it will be on the ballot,” where it will need to gain approval from two-thirds of voters. But opponents of SSB taxation and the age restrictions on energy drinks have claimed that…
Public health watchdog the Center for Science in the Public Interest (CSPI) has announced a February 26, 2014, meeting at the National Press Club in Washington, D.C., to discuss ways of improving the next generation of nutrition facts labels. NPR News correspondent Allison Aubrey is slated to moderate the panel with participants CSPI Executive Director Michael Jacobson; Wegmans Food Market Corporate Nutrition Manager Jane Andrews; The NPD Group’s Food & Beverage Industry Analyst Darren Seifer; Greenfield-Belser Principal Burkey Belser; and Share our Strength Director of National Partnerships Chef Gregory Silverman. See CSPI News Release, February 18, 2014. Issue 514
Drawing on lessons from tobacco regulation, Temple University Associate Professor Jennifer Pomeranz has authored an article recommending that state and local governments which opt to impose taxes on sugary beverages consider also adopting measures such as minimum price laws and prohibitions on price discounting and coupons to effectively deter consumption. Titled “Sugary Tax Policy: Lessons Learned from Tobacco,” the article claims that sugary beverage manufacturers can distribute the cost of a tax throughout their product lines, including diet beverages, bottled water and juice, thus making the imposition of minimum prices along with sufficiently high taxes a way to deter manufacturers from circumventing the price increase associated with a sugary beverage tax. Formerly with the Yale Rudd Center for Food Policy and Obesity, Pomeranz also calls for additional research on whether it would be feasible to condition retail licensing on compliance with measures adopted to reduce sugary beverage consumption. See American Journal…
Associate Law Professor Diana Winters argues in “The Magical Thinking of Food Labeling: The NLEA as a Failed Statute” that those parts of the Nutrition Labeling and Education Act of 1990 (NLEA) regulating “health claims” and “nutrient content claims” have been ineffective at addressing obesity and should be repealed. While Winters acknowledges that leaving this aspect of food labeling to the states will result in an increase in litigation, because the current litigation environment is dominated by time-consuming, complex arguments over non-substantive issues, such as preemption and the primary jurisdiction doctrine, the best way to improve front-of-package labeling is to allow state courts to focus on the substance of deceptive claims. Among other matters, the author notes that attitudes about food consumption “vary wildly from state to state,” thus justifying differing state and local laws in the field of food labeling. She also observes, “By crafting laws tailored to targeted…
A federal court in California has preliminarily approved the settlement of class claims that Quaker Oats violated consumer protection laws by labeling its snack bars and instant cereal products as “wholesome” with “0g Trans Fat” when they actually contain “unhealthy” ingredients, such as partially hydrogenated vegetable oils (PHOs). In re Quaker Oats Labeling Litig., No. 10-0502 (N.D. Cal., San Francisco Div., order entered February 12, 2014). Under the proposed settlement, Quaker Oats, which admits no wrongdoing, has agreed to remove PHOs from products that contain them by December 31, 2015, and will not reintroduce PHOs into these products for 10 years. The company has also agreed to not introduce PHOs into products such as Quaker Chewy bars or Instant Quaker Oatmeal products that do not contain them for 10 years, and, by December 31, 2014, will cease stating on product labels “contains a dietarily insignificant amount of trans fat” for…
A federal court in California has denied the plaintiff’s request to certify a class of those who purchased ZonePerfect Nutrition bars relying on allegedly deceptive labels representing the products as “All Natural.” Sethavanish v. ZonePerfect Nutrition Co., No. 12-2907 (N.D. Cal., order entered February 13, 2014). The court found that the plaintiff set forth sufficient evidence to establish that she had standing for the purpose of class certification, despite paying more for other nutrition bars and sometimes purchasing non-natural products. Because the defendant “overwhelmingly sells to retailers, not directly to consumers, and . . . there are no records identifying any but a small fraction of consumers who have purchased ZonePerfect bars in the last several years,” the court, however, agreed with the defendant that neither the class nor the quantity of nutrition bars each member purchased were ascertainable other than by affidavit. As to ascertainability, the court noted a…
