The Food and Drug Administration (FDA) has announced an advisory committee meeting to “discuss whether available relevant data demonstrate a link between children’s consumption of synthetic color additives in food and adverse effects on behavior.” FDA plans to provide background material no later than two business days before the March 30-31, 2011, public meeting in Silver Spring, Maryland. Calling the news “welcome and overdue,” Center for Science in the Public Interest (CSPI) Executive Director Michael Jacobson said that the meeting was in response to CSPI’s 2008 petition calling for FDA to ban Yellow 5, Red 50 and six other food dyes. The dyes “have long been shown in numerous clinical studies to impair children’s behavior,” Jacobson said. “But for years—FDA— which actually commissioned one of the first controlled studies—dismissed the mounting evidence against the dyes.” See Federal Register and CSPI News Release, December 1, 2010.
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The Federal Trade Commission (FTC) has issued a preliminary staff report that proposes a framework for businesses and policymakers to protect the privacy of consumers using the Internet. FTC staff seeks stakeholder comments on the proposed framework until January 31, 2011, and a final report will follow. The report coincides with a recent congressional hearing during which FTC officials testified that a “persistent” browser setting could allow consumers to choose whether companies can collect data about their online searching and browsing. According to an agency press release, although online tracking can help targeted advertising efforts, FTC “supports giving consumers a ‘Do Not Track’ option because the practice is largely invisible to consumers, and they should have a simple, easy way to control it.” The option could be accomplished through legislation or “potentially through robust, enforceable self-regulation,” FTC said. “The advantage of industry doing something themselves is that they can move much…
The Government Accountability Office (GAO) has released a report titled “USDA Could Enhance Pesticide and Fertilizer Usage Data, Improve Outreach, and Better Leverage Resources.” GAO was asked to investigate the effect of budgetary cutbacks on a program that gathers, analyzes and disseminates information about the use of agricultural chemicals. According to the report, the cutbacks forced data users to rely on older statistics, “which hindered their ability to make informed decisions because agricultural chemical use can change from year to year due to the emergence of new pests, weather variations, changing market conditions, and other factors.” GAO recommends various improvements to the system, including incorporating data from other publicly available sources, minimizing potential overlap with other data sources and identifying and consulting with data users on a regular basis.
The White House Office of Science and Technology Policy has published a notice requesting public comment on the National Nanotechnology Initiative’s draft “Strategy for Nanotechnology-Related Environmental, Health, and Safety Research.” Comments are requested by January 6, 2011. The draft describes the research that 25 federal agencies believe is needed to adequately assess the environmental, human health and safety aspects of nanomaterials, and includes information about the state of the science and an analysis of the gaps and barriers to achieving the necessary research. The core research areas involved are nanomaterial measurement, human exposure assessment, human health, the environment, and risk assessment and risk management methods.
The U.S. House of Representatives has approved the Healthy, Hunger-Free Kids Act of 2010 (S. 3307), which first lady Michelle Obama called “a groundbreaking piece of bipartisan legislation that will significantly improve the quality of meals that children receive at school and will play an integral role in our efforts to combat childhood obesity.” President Barack Obama (D) is expected to sign the $4.5 billion bill, approved in a 264-157 vote on December 2, 2010. The measure was approved by the U.S. Senate in August. The legislation allows the U.S. Department of Agriculture (USDA) to set new nutritional standards for all foods sold in schools, including lunch lines and vending machines, and will require schools to offer more fruits, vegetables, whole grains, and low-fat dairy products. Its provisions also make it easier for qualified children to receive free school meals and provide funding for 21 million after-school meals annually in…
The Guardian has published an exclusive exposé claiming that fast-food companies and other industry interests helped write U.K. health policy at the behest of the secretary of state for health. According to the November 12, 2010, article, “In an overhaul of public health, said by campaign groups to be the equivalent of handing smoking policy over to the tobacco industry, health secretary Andrew Lansley has set up five ‘responsibility deal’ networks with business, co-chaired by ministers, to come up with policies.” The newspaper has anticipated that these policies will feature in “the public health white paper due in the next month.” Although it acknowledges the involvement of consumer groups such as Which?, Cancer Research UK and the Faculty of Public Health, the article alleges that these responsibility deal networks are “dominated by food and alcohol industry members,” including trade associations, food manufacturers, beverage companies, and fast-food restaurants. Lansley has also reportedly…
A coalition of 24 farmer- and rancher-led organizations has reportedly formed an alliance to “develop and implement a well-funded, long term, and coordinated public trust campaign for American agriculture.” The U.S. Farmers & Ranchers Alliance (USFRA) includes organizations from virtually all aspects of agriculture that share the goal of bolstering the image of farm production methods. According to a November 11, 2010, USFRA press release, the alliance’s initial focus will be to (i) “increase consumer, consumer influencer and thought leader trust and confidence in today’s agriculture”; (ii) “serve as a resource to food companies on the benefits of today’s agricultural production”; (iii) “work with leading health, environmental and dietary organizations to demonstrate the benefits of today’s agricultural production”; and (iv) “increase the role of U.S. farmers and ranchers as the voice of animal and crop agriculture on local, state and national food issues.” Convening earlier this year to discuss media…
The Southern Poverty Law Center (SPLC) has issued a report titled “Injustice on Our Plates: Immigrant Women in the U.S. Food Industry.” Based on interviews in early 2010 with 150 undocumented immigrant women working in the U.S. food industry in Arkansas, California, Florida, Iowa, New York, and North Carolina, the report highlights the dangerous conditions under which they often work and the sexual harassment and violence to which they are subject. According to SPLC, “Undocumented women are among the most vulnerable workers in our society today. They fill the lowest paying jobs in our economy and provided the backbreaking labor that helps bring food to our tables. Yet they are routinely cheated out of wages and subjected to an array of other abuses in the workplace. They are generally powerless to enforce their rights or protect themselves.” SPLC contends that laws protecting these workers are “grossly inadequate,” and workers’ ability…
Two California businessmen have reportedly filed a complaint in small claims court against a Marin County restaurateur, alleging that they were sprayed with hot garlic butter from an exploding snail. Chadwick St.-O’Harra, a former law student, and Steve Righetti were apparently celebrating Righetti’s birthday at a seafood restaurant, when the escargot purportedly exploded, dousing their faces and polo shirts. The men reportedly claim that the incident caused both “humiliation” and “a sense of genuine outrage” and that the restaurateur allegedly responded with “indifference” and “friggin’ rudeness.” The two were dining on a filet-and-lobster combo and a seafood medley and did not reportedly seek immediate medical treatment, choosing instead to finish their meals. According to the restaurant owner, the incident never happened and escargot does not explode. Still, some in the industry have characterized “escargot explosion” as a “rare but periodic phenomenon” that can be attributed to air bubbles trapped inside…
A California resident has filed a putative class action against Dr. Pepper Snapple Group, Inc., in federal court, alleging that the company has violated consumer protection laws in labeling and promoting its “Snapple® Acai Mixed Berry Red Tea Immunity” product because “no known clinical study . . . adequately supports Snapple’s claims.” Meaunrit v. Dr. Pepper Snapple Group, LLC, No. 10-5153 (N.D. Cal., filed November 12, 2010). Seeking to certify a class of all product purchasers, the named plaintiff alleges violations of California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act, as well as breach of express warranty. She asks for restitution, disgorgement, damages, and attorney’s fees and costs in excess of $5 million. Plaintiff Julia Meaunrit and her counsel, Florida-licensed Howard Rubinstein, previously filed an unsuccessful class-action lawsuit in California against a food company alleging inadequate cooking instructions for its frozen pot pies. Details about that…
