FDA has reportedly detected the industrial chemical melamine and its byproduct cyanuric acid in additional cans of U.S.-manufactured infant formula, but stressed that the levels are below the safety threshold set for young children and infants. Four of the 89 infant formula products tested by FDA contained trace amounts of melamine or cyanuric acid, which are used during the manufacturing process as disinfectants and in some food packaging. FDA and other food safety experts have apparently stated that this trace contamination most likely occurred during processing and not as the result of intentional adulteration. See Food & Water Watch Blog, January 5, 2009; The Associated Press, January 7, 2009. Meanwhile, Chinese courts started criminal trials for six cattle farmers and milk collectors accused of making melamine protein powder and adding it to raw milk sold to Chinese dairies, including the government-owned Shijiazhuang Sanlu Group Co. Sanlu recently declared bankruptcy as a…
Posts By Shook, Hardy & Bacon L.L.P.
FDA this week issued a final rule requiring food and cosmetic manufacturers to declare the presence of cochineal extract and carmine in their products. Derived from dried insect bodies, the two coloring agents were previously labeled under “artificial colors” or “color added” on ingredient lists. “This final rule responds to reports of severe allergic reactions, including anaphylaxis to cochineal extract-containing food and carmine-containing food and cosmetics and will allow consumers who are allergic to these color additives to identify and thus avoid products that contain these color additives,” according to FDA, which requires full compliance with the rule by January 5, 2011. See FoodNavigator-USA.com, January 6, 2009. Meanwhile, the Center for Science in the Public Interest (CSPI) has criticized the final rule for failing to indicate the extracts’ insect origins. The consumer advocacy group first petitioned FDA in 1998 for more stringent labeling of cochineal and carmine, citing their widespread…
HHS Secretary Mike Leavitt and Food and Drug Administration Commissioner Andrew von Eschenbach traveled to Costa Rica this week to open an HHS/FDA office that will serve Latin America in the hope of improving collaboration on food and product safety issues. Plans for the new office were apparently launched in June 2008, when health ministers from Central America and Panama gathered in El Salvador to develop a framework for ensuring the trade of quality goods among the countries. Similar HHS/FDA offices are already operating in Brussels, Beijing, Shanghai, and Guangzhou, and other offices will open in two cities in India and a location in the Middle East. The stated goal of the HHS/FDA “Beyond Our Borders Initiative is to foster collaboration with regulatory authorities around the world, as well as to forge partnerships with industry on the safety of food, animal feed, drugs and medical devices.” See HHS Press Release,…
A new book published by the not-for-profit consumer organization American Council on Health and Science (ACHS) reportedly outlines the effects of obesity on “virtually every body system” with 17 chapters penned by medical experts in the field. Titled Obesity and its Health Effects, the report includes a preface by Daniel Stein, M.D., Albert Einstein College of Medicine, who warns that “obesity is not just a ‘cosmetic’ problem; it negatively affects almost all aspects of human health.” For example, the book claims that obesity raises the risk for (i) arthritis and other problems of the skeletal system; (ii) gallstones and pancreatitis; (iii) psoriasis, as well as bacterial and fungal skin infections; (iv) sleep apnea and adult-onset asthma; and (v) decreased fertility in both men and women. “Our purpose in compiling this summary of obesity’s health effects in one consumer-friendly book was to educate people about how obesity poses a wide variety…
According to NowPublic.com, a self-proclaimed participatory online news network, the food industry, facing legislative initiatives that would require posting calorie and other nutritional information on restaurant menu boards, is fighting back with state-level preemption laws. Ohio recently approved legislation (H.B. 217) giving the state’s Director of Agriculture the sole authority to regulate how and whether food service operations must provide food nutrition information to the public, thus putting an end to the disclosure movement that was apparently gaining momentum at the local level there. Legislation adopted in Georgia (H.B. 1303) would prevent political subdivisions from adopting similar local laws. NowPublic notes that the restaurant industry lost its federal preemption argument when mounting a challenge in court to a menu disclosure law that took effect in New York City. The industry then apparently “changed its strategy” by seeking legislation in Congress that would create federal preemption of calorie posting laws and in…
Roll International Corp. Senior Counsel and former Agricultural Law Professor at the University of Arkansas School of Law, Michael Roberts discusses how disputes over the use of synthetic hormones in animal husbandry and food produced from genetically modified organisms are handled from the perspective of international trade law and international agreements addressing health, safety and environmental issues. Thus, he sets the stage to speculate how international disputes over cloned animals and nanotechnologies used in the human food chain may be addressed in the future. Among the legal issues the author sees arising from cloning and nanotechnology are (i) what international institutions and instruments will regulate these emerging technologies; (ii) whether religious, scientific, moral, and ethical concerns implicated in these technologies will change the international regulations pertaining to food safety and labeling, (iii) what role private standard-setting will take in the international regulation of cloning and nanotechnology, and (iv) how private…
A New Jersey resident has filed a putative class action lawsuit in federal court against Perdue Farms, Inc., alleging that the company is forcing consumers to subsidize the company’s costs of disposing of extra giblet parts by “a secret practice” of inserting them into whole chickens sold by the pound to retail customers. Marin v. Perdue Farms, Inc., No. 08-001 (D.N.J., filed December 17, 2008). The plaintiff seeks relief on behalf of a “(b)(2) Injunctive Relief Class” consisting of “All persons who purchased Perdue whole chicken at retail” and a “(b)(3) Multi-State Sub-Class” consisting of those who purchased whole chickens at retail “in the states of New Jersey, California, Florida, Maryland, Michigan, Missouri, New York, North Carolina, Ohio, and Washington.” The complaint alleges violations of consumer protection acts and unjust enrichment, and seeks “a declaration that “only the proportional amount of giblets are to be packaged in a whole chicken,”…
Del Monte Fresh Produce N.A., Inc. has sued the Food and Drug Administration (FDA), seeking a declaration that the agency has “engaged in a pattern or practice that constitutes agency action unlawfully withheld or unreasonably delayed” in connection with several cantaloupe shipments from Guatemala. Del Monte Fresh Produce N.A., Inc. v. U.S., No. 08-02161 (D.D.C., filed December 11, 1008). According to the complaint, the FDA denied release of the shipments until it completed testing for salmonella. The FDA has purportedly failed to respond to company requests for expedited testing and has yet to release the fruit, which is “overripening” and will cost the company more than $4.5 million in losses. A 10-day hold in 2007 allegedly cost the company almost $1 million. Del Monte claims that independent tests have failed to show that the shipments are infected with salmonella and contends that it “has never had a positive test for salmonella…
Plaintiffs in multidistrict litigation against Aurora Dairy Corp. over claims that its “organic” milk products do not meet federal certification requirements have reportedly filed an unopposed notice of voluntary dismissal requesting that the court dismiss Whole Foods Market Group, Inc. from the case without prejudice. In re: Aurora Dairy Corp. Organic Milk Mktg. & Sales Practices Litig., MDL No. 08-1907 (E.D. Mo., motion filed December 13, 2008). While Whole Foods apparently did not sell Aurora’s organic milk, the company was named as successor-in-interest to Wild Oats, Inc., the chain acquired by Whole Foods in August 2007 and alleged to have sold the products. Whole Foods has reportedly argued that Wild Oats retained its assets and liabilities after the merger and has agreed to provide plaintiffs with discovery on that issue. According to plaintiffs’ counsel, “If, after that discovery, we agree with your analysis, we will move the court to strike Whole…
New York Governor David Paterson (D) has reportedly proposed an 18 percent tax on soft drinks and other non-diet sweetened beverages as part of his plan to lessen a $1.5 billion shortfall in the state’s annual budget. The tax would purportedly raise $404 million, but industry leaders have called the maneuver a “money grab” that would hurt union jobs at major bottlers located in the state. “We think that everybody has to keep in mind that we’re in a recession, and in an economy like this, the last thing we should be doing is raising taxes on everyday needs like clothing and groceries. That doesn’t wash with the consumer,” an American Beverage Association spokesperson was quoted as saying. See Times Union, December 14, 2008; Advertising Age, December 15, 2008. Meanwhile, a recent New York Times op-ed column hails the proposal as a “landmark effort that, if other states follow, could help…
