The Food and Drug Administration (FDA) has announced an extension of the comment period for a draft compliance policy guide that proposes “certain criteria should be considered in recommending enforcement action against animal feed or feed ingredients that are adulterated due to the presence of Salmonella.” FDA will now accept comments until December 31, 2010. Additional information about the draft guidance appears in Issue 359 of this Update. See Federal Register, October 29, 2010.
Posts By Shook, Hardy & Bacon L.L.P.
The Food and Drug Administration (FDA) has proposed two new information collections related to voluntary registration, recordkeeping and mandatory third-party disclosure under section 4205 of the Patient Protection and Affordable Care Act of 2010. Section 4205 requires chain restaurants with 20 or more locations, as well as operators of 20 or more vending machines, to disclose “certain nutritional information on certain food items offered for sale so that consumers can make more informed choices about the food they purchase.” In addition, it provides for restaurants or operators with fewer than 20 locations to biannually opt in to the federal requirements. The first proposed information collection pertains to FDA’s program for voluntary registration under section 4205. FDA anticipates that chains with 10 to 19 outlets “may choose to register, either because they are growing quickly, or because they are concerned about possible regulation.” According to FDA, “[t]he primary source of potential registrants will…
The Food and Drug Administration (FDA) has reportedly confirmed the presence of Listeria monocytogenes at a San Antonio, Texas, processing plant implicated in four deaths. According to a November 3, 2010, FDA press release, the agency’s inspection of SanGar Fresh Cut Produce identified the bacteria “in processed celery and in multiple locations in the plant environment, including on food contact surfaces.” FDA also noted that its samples matched “the DNA fingerprint of the clinical cases of listeriosis reported by the Texas Department of State Health Services [DSHS],” which last month closed the plant and ordered a recall of all products shipped since January 2010. “It comes as no surprise to us,” one DSHS spokesperson was quoted as saying. “If there was any doubt out there, this erases it. It’s another layer of confirmation that this plant had serious issues.” Additional details about the outbreak and recall appear in Issue 369…
A recent study funded by the National Institute of Occupational Safety and Health has reportedly linked workplace bisphenol A (BPA) exposure to “[1] decreased sperm concentration, [2] decreased total sperm count, [3] decreased sperm vitality, and [4] decreased sperm motility.” De-Kun Li, et al., “Urine bisphenol-A (BPA) level in relation to semen quality,” Fertility and Sterility, October 2010. Researchers apparently examined 218 Chinese factory workers—some with occupational exposure to BPA and some with only environmental exposure—concluding that, “those with detectable urine BPA had more than three times the risk of lowered sperm concentration and lower sperm vitality, more than four times the risk of lower sperm count, and more than twice the risk of lower sperm motility.” Among the 88 study participants who did not work directly with BPA, the study authors observed “similar dose-response associations . . . with environmental EPA exposures at levels comparable with those in the…
The University of Southern California Childhood Obesity Research Center (CORC) has published a study claiming that high-fructose corn syrup (HFCS) contains 18 percent more fructose than estimated by soft drink manufacturers. Emily Ventura, Jaimie Davis and Michael I. Goran, “Sugar Content of Popular Sweetened Beverages Based on Objective Laboratory Analysis: Focus on Fructose Content,” Obesity, October 2010. According to the study, food and nutrition researchers usually assume that the ratio of fructose to glucose in HFCS is 55 to 45, based on information provided by the Corn Refiners Association. But after analyzing 23 sugar-sweetened beverages and four standard solutions with high-performance liquid chromatography, CORC allegedly determined that not only was the mean fructose content 59 percent, but that “several major brands appear to be produced with HFCS that is 65 [percent] fructose.” The study also raises questions about the other kind of sugars used in these beverages, reporting “significant deviations…
Choices Magazine, an outreach publication of the Agricultural and Applied Economics Association, has released its 3rd Quarter 2010 issue focusing on the economic implications of rising U.S. obesity rates. Topics include medical costs and implications for policymakers; consumer behavior; farm policy; the diverse effects of food assistance programs; nutrition labeling; taxes on sweetened beverages; and the “behavioral economics” associated with what Americans eat.
In a recent FindLaw article, Cornell Law School Professor Sherry Colb addresses whether New York City Mayor Michael Bloomberg’s proposal to prevent food stamp recipients from buying sugar-sweetened sodas and beverages violates any constitutional proscriptions. Titled “No Buying Soda with Food Stamps? Considering Mayor Bloomberg’s New Health Initiative,” Colb’s article concludes that arguments about equal treatment for the poor and consumer freedom in general hold no weight given the overwhelming risks to public health posed by “unhealthy, empty-calorie food.” She expresses confidence that food stamp recipients will experience measurable benefits by avoiding some unhealthy foods, which will convince public officials to expand such initiatives “to take on various industries that profit at the expense of human health.” Meanwhile, a New York Times article discusses what prompted a writer and former Rutgers professor to begin the “Candy Professor” blog, which apparently “dives deep into the American relationship with candy, finding irrational and…
Employees at 10 Minneapolis-based Jimmy John’s sandwich shops have reportedly voted against joining the Industrial Workers of the World (IWW), which has since alleged that the close election “was marred by misconduct.” According to The New York Times, “[U]nion supporters were predicting victory, noting that about 60 percent of the restaurants’ 200 workers had signed prounion cards asking the labor board to hold a unionization vote.” But when the National Labor Relations Board called the October 22, 2010, election, it reported that union backers fell short of a majority by three votes. With seven days to file objections, the Jimmy John’s Worker Union has charged MikLin Enterprise with 22 violations of the National Labor Relations Act, including bribery and intimidation. “We do not recognize these election results as legitimate and will continue to fight for our demands,” stated the group’s spokesperson in a press release. The vote was apparently IWW’s…
A corporate watchdog organization, Corporations and Health Watch, has issued a call for food industry critics who have been threatened with litigation for saying “anything critical about food,” to submit information about their experience to the organization. According to the group, corporations are using the food disparagement laws now in effect in 13 states “as leverage to silence their critics, frequently sending threatening letter[s] to those who speak out or those who publish [their critiques], threatening to sue under these menacing laws.”
The Grocery Manufacturers Association (GMA) and Food Marketing Institute (FMI) have unveiled plans to create a front-of-package (FOP) labeling system that aims to “inform consumers and combat obesity.” According to an October 27, 2010, joint press release, the FOP system will display “important information on calories and other nutrients to limit . . . in a fact-based, simple and easy-to-use format.” The two industry groups have also pledged to consult stakeholders as they work to finalize the system and “provide consumers with information on nutrients needed to build a ‘nutrient-dense’ diet and on ‘shortfall nutrients’ that are under-consumed in the diets of most Americans.” The announcement followed the release of an Institute of Medicine report calling for FOP labels that highlight the nutrients of greatest concern to consumers—calories, saturated fats, trans fat, and sodium—as well as serving size. Co-sponsored by the Food and Drug Administration (FDA), the Phase 1 report…
