The American Bar Association’s Litigation Section sponsored a “Hot Topics in Food Law” program via the Web and telephone on February 10, 2009. Speakers included in-house counsel for a large food manufacturing company, a Grocery Manufacturers Association (GMA) representative and Stephen Gardner, the director of litigation for the Center for Science in the Public Interest (CSPI). They focused on the most recent “ingredient-driven” foodborne contamination outbreaks, including pet food and infant formula containing melamine and peanut butter products tainted with Salmonella. In light of such incidents, the speakers emphasized that food companies must carefully manage their supply chains through independent, reliable audits and the establishment and communication of clear, achievable food safety standards. After the recent peanut butter recall, companies will likely focus on company-to-company tracing issues. A speaker representing the outside counsel perspective focused on bisphenol A and discussed recent initiatives to ban it in Canada and list it…
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Video footage of former Aviagen Turkeys, Inc. employees allegedly abusing birds has reportedly led to criminal indictments for animal abuse. The People for the Ethical Treatment of Animals (PETA) apparently caught three turkey farm employees in the act, and 19 counts, including 11 felony charges, for cruelty to birds have been brought against them. Alabama-based Aviagen Turkeys reportedly fired all three workers for violating company policy. They could face significant jail time and fines if convicted. See meatingplace.com, February 9, 2009.
A federal inspector who alleged that he was injured after coming into contact with an air compression machine used to harvest pig brains in a pork processing plant has apparently agreed to dismiss his claims. Kinney v. Hormel Foods & Quality Pork Processors, No. __ (Third Jud. Dist., Minn., claimed filed January 2009). Dale Kinney, a U.S. Department of Agriculture inspector, reportedly sought $50,000 in damages for injury allegedly caused by his proximity to a machine that has purportedly been linked to neurological illness in some employees. According to a news source, a state court judge entered an order dismissing the suit with prejudice. A Hormel spokesperson reportedly said, “We were pleased to receive notification that the plaintiff offered to drop the suit and that the case was dismissed.” See Meatingplace.com, February 9, 2009.
The Grocery Manufacturers Association (GMA) and individual food companies have reportedly asked California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) to delay taking action on its proposal to list methanol as a reproductive toxicant. While the chemical is used in varnishes, shellacs, paints, antifreeze, adhesives, and deicers, it also apparently occurs naturally in fresh fruits and vegetables, fruit juices, fermented beverages, and diet soft drinks. OEHHA has extended the deadline for comments on the listing proposal until March 4, 2009, in response to GMA’s request. According to an industry spokesperson, “The concern of the grocery manufacturers is that once a chemical is listed under Prop. 65, anyone who can detect it can file a claim, and many millions of dollars can be spent demonstrating that there’s no harm. So we thought it important for the agency to think about the consequences of a list, and whether . . .…
British sheep farmers have reportedly threatened to resist an EU proposal that would require them to implement an electronic animal identification system starting in January 2010. With 30 million sheep in the United Kingdom, many farmers have described the plan as prohibitively expensive and unnecessary. Designed to track livestock movement in the event of an epidemic, the system would rely on ear tags costing between £0.50 and £1.50 each with an additional £5,000 or £6,000 per scanning machine. But farmers have argued that their current method of tracking sheep is adequate and avoids the technological issues associated with Internet and broadband use in remote areas. “When you consider that the average sheep farmer only makes something like £6,000 a year, this could see a significant number of farmers deciding it is just too much,” one farmer was quoted as saying. The proposal has drawn similar criticisms from farming organizations in…
A subcommittee of the House Energy and Commerce Committee conducted a hearing February 11, 2009, to hear from victims, regulators and the individuals who own and operate the Georgia peanut processing facility responsible for the latest Salmonella outbreak. Titled, “The Salmonella Outbreak: The Continued Failure to Protect the Food Supply,” the hearing gave congressmen the opportunity to question Stewart Parnell who owns the Peanut Corp. of America (PCA) about the company’s practice of shipping contaminated product to food processors even after it had tested positive for Salmonella. Parnell and the man who managed the plant invoked their Fifth Amendment privilege and refused to answer questions, including whether they would eat the recalled products, which now number in excess of 1,800 items. The outbreak has reportedly sickened more than 600 in the United States and Canada, led to a suspected nine deaths and launched at least four personal injury lawsuits to date.…
A recent Harvard School of Public Health study has claimed that eating smoked or cured meats could increase the risk of leukemia in children and young adults. Chen-yu Liu, et al., “Cured meat, vegetables and bean-curd foods in relation to childhood acute leukemia risk: A population cast-control study,” BMC Cancer (2009). Researchers analyzed the dietary habits of 515 participants between age 2 and 20 in Taiwan, finding that those who consumed smoked or cured meats more than once a week were more likely to develop acute leukemia. In addition, the study allegedly confirmed that children who regularly ate vegetables and tofu showed a reduced risk for leukemia. The authors speculated that nitrites added during the curing and smoking process could play a role in cancer, but stressed a need for further causation studies to discover a mechanism. “These are some very active compounds in your body,” stated Harvard Professor of…
This blog post examines a fish diet trend currently sweeping Hollywood, raising questions about the safety and sustainability of certain seafood selections. According to Food & Water Watch, actor Jeremy Piven became “the rumored victim of mercury poisoning” after eating sushi twice daily, while Madonna has pledged to eat more salmon and Angelina Jolie earlier lauded her post-pregnancy diet of organic seafood. “You might remember that, at the time, there were no standards in the U.S. for organic seafood,” opines the blog, which describes proposed rules put forth by the National Organic Standards Board as “a fraud” and current EU standards as “poorly designed and incompatible with the concept of organic food.” Food & Water Watch also urges consumers to choose wild salmon over farmed, claiming that “Studies have shown that wild salmon possess lower PCB levels than farmed salmon, as the latter receive feed with greater levels of contamination.”…
The Center for Science in the Public Interest (CSPI) has sent letters to retailers, calling on them to use their membership and bonus card data, which track customer purchases, to provide targeted warnings when tainted foods are subject to recall. Noting that some companies with bonus card programs already issue food safety alerts and, in fact, notified their affected customers by phone and mail “in response to the peanut recall,” CSPI expressed its hope that “your company will do its part to protect your customers’ health and help restore their confidence in the food supply.” According to a CSPI staff attorney, “It would be outrageous if some of the deaths in this latest [contaminated peanut butter] outbreak could have been prevented had a supermarket just used the phone numbers and addresses in its database to notify its customers. It’s not enough just to take the tainted product off the supermarket shelf.…
According to a news source, former Sanlu Group chairwoman Tian Wenhua has appealed the life sentence she received after she entered a guilty plea to charges arising out of the melamine-tainted milk scandal in China that sickened hundreds of thousands of children and led to a number of deaths. Tian’s lawyer reportedly contends that his client did not make the decision to sell the tainted milk and that the Shijiazhuang Intermediate People’s Court had insufficient evidence to support a conviction for manufacturing and selling fake or substandard products. The appeal will be heard by the Higher People’s Court of Hebei Province. See Jurist, February 1, 2009.
