The USDA has issued a proposed rule that will amend the livestock provisions of the National Organic Program by providing greater detail about pasture and ruminant animals and “clarify the replacement animal provision for dairy animals.” Comments must be submitted on or before December 23, 2008. The Federal Register notice provides a history of the rule’s development and summarizes the content of the thousands of comments the agency received on an advanced notice of proposed rulemaking published in 2006. According to the agency, “[s]upport for strict standards and greater detail on the role of pasture in organic livestock production was nearly unanimous with just 28 of the over 80,500 comments opposing changes to the pasture requirements.” Among the changes are (i) defining “crop” to include pastures, sod and cover crops; (ii) defining “livestock” as “Any bee, cattle, sheep, goats, swine, poultry, equine animals used for food or in the production…
Category Archives Issue 280
Whole Foods Market, Inc., which is currently litigating the FTC’s challenge to its merger with Wild Oats Markets, has submitted comments on the commission’s proposed merger rule changes and is urging others to join its “Ad Hoc Committee for FTC Fair Play” to do so as well. Apparently, the FTC will allow comments for only 30 days, which Whole Foods characterizes as “unusually short,” and has proposed (i) setting evidentiary hearings five months from the date of the complaint in merger cases, regardless of complexity, (ii) giving the commission the authority to decide “all dispositive pre-hearing motions,” (iii) giving the commission or an individual commissioner the authority to preside over discovery, and (iv) providing that “the norm should be that the Part 3 case can proceed even if a [federal] court denies preliminary relief.” Whole Foods contends, “The proposed regulatory changes collectively will create an antitrust double standard by exacerbating…
Pediatric urologists and nephrologists across the United States have reportedly noted an increase in the number of kidney stones diagnosed in children. An ailment commonly associated with middle-aged men, kidney stones are typically formed when “oxalate, a byproduct of certain foods, binds to calcium in the urine,” according to an October 29,2008, New York Times article, which stated that “the two biggest risk factors for this binding process are not drinking enough fluids and eating too much salt.” The article also cited “evidence that sucrose, found in sodas, can also increase risk of stones, as can high-protein weight-loss diets, which are growing in popularity among teenagers.” The incidence of kidney stones has also purportedly risen in women and young adults in their 20s and 30s. Physicians told New York Times reporter Laurie Tarkan that childhood obesity and a diet high in salt are the most likely culprits behind the new cases.…
According to researchers in Australia and the United States, those who persistently eat red meat may be more susceptible to E. coli infection. Apparently, the meat contains sugar molecules, Neu5Gc, that accumulate in cells lining the intestines and blood vessels and act as a “magnet” for E. coli toxins. The scientists reportedly tested the affinity of the bacteria for Neu5Gc in a lab dish and noted, “The human samples showed the presence of the Neu5Gc toxin binding sites in the gut and the kidney, the two target organs for the disease.” Then, they confirmed the results with genetically modified mice that have the gene which produces Neu5Gc suppressed. The research appears in Nature, but was not available when the Update was prepared. See The Australian, October 30, 2008.
Inquirer staff writer Faye Flam begins her piece on phthalates and possible human health effects by reporting that a Philadelphia surgeon is seeing double the number of baby boys, since he started practice 30 years ago, in need of repairs to their genitalia. Surgeon Howard Snyder hypothesizes that some of them have been exposed to phthalates in the womb. These “hormone-disrupting chemicals” are, according to Flam, found in everything from perfumes, hand and body lotions, nail polishes, deodorants, shower curtains, and children’s toys to IV tubing in hospitals. Phthalates apparently “interfere with the synthesis of testosterone,” and a study conducted by a University of Rochester researcher involving 134 boys born to women tested for compounds metabolized from phthalates showed that “boys whose mothers were most exposed to certain phthalates were more likely to have undescended testicles and to have smaller penises.” Chemistry trade groups reportedly challenge such research, saying the…
According to a news source, the Chinese press is reporting that melamine is commonly used in animal feed “to reduce product costs while maintaining protein count for quality inspections.” The Nanfang Daily apparently calls the practice an “open secret” in the industry. Unnamed industry analysts reportedly said that such news reports constitute “an unusual departure for Chinese officials” and amount to a tacit admission that the scandal, which has affected a range of food products in recent months from milk to eggs, could affect even more parts of the food supply chain. U.S. food safety officials reportedly indicated some months ago that melamine detected in livestock feed did not pose a threat to human health. Details about their conclusions appear in issue 213 of this Update. See BBC News, October 31, 2008.
The Australian Food and Grocery Council (AFGC) recently released a Responsible Children’s Marketing Initiative in response to “community concerns about food and beverage advertising during children’s television programs.” AFGC developed the initiative after the Australian Communications and Media Authority (ACMA) published its draft Children’s Television Standards 2008, which did not recommend further government regulation of food and beverage advertising. In agreement with these preliminary findings, AFGC nevertheless stated that industry “is still keen to address community concerns regarding advertising to children.” The initiative covers advertising on free-to-air television, pay television and the Internet; the use of licensed characters; and promotions in children’s publications. Companies that publicly commit to the program must institute an action plan focused on six core areas: (i) advertising messaging; (ii) the use of popular personalities and licensed characters; (iii) product placement; (iv) the use of products in interactive games; (v) advertising in schools; and (vi) the…
The University of Arkansas School of Law has announced that it will be accepting applications for graduate studies in agricultural law beginning in fall 2009. The nine-month course, billed as the only one of its kind in the nation, covers a range of issues from farm to fork, including labeling law, food policy, sustainability, biotechnology, international trade, and environmental issues. Additional information about the program is available at http://law.uark.edu/llm. The university also hosts a related blog. See Food Law Prof Blog, October 29, 2008.
Nielsen’s Consumer Insight Magazine reports that rising rates of obesity in the United States can be attributed not only to increasing calorie consumption and less exercise, but also to “pure demographics.” According to the report, “The population is older than ever before and Americans tend to be fatter when older. Women are heavier, and because they live longer than men, they make up a higher share of the older population. Lastly, Hispanics—the fastest growing immigrant group in the U.S.—tend to have higher obesity rates.” The report, titled “A Widening Market: The Obese Consumer in the U.S.,” also notes that the average American consumes 15-20 more pounds of fat each year than he did 100 years ago. As to assessing responsibility for weight gain, more than 80 percent of consumers admit they are to blame, about the same as those agreeing in 2006 that weight gain is attributable to eating too…
Several of the nation’s largest food and beverage companies have reportedly agreed to market their products under a common nutritional standard and logo designed to lessen consumer confusion at the supermarket. The “Smart Choices Program” allows participating manufacturers to display a “check mark” logo alongside calorie and serving size information on the front of products that meet specific nutritional thresholds set by a coalition of scientists, retailers and industry experts and based on federal dietary recommendations. These products cannot exceed the program’s limits for total fats, saturated fats, added sugars, or sodium. In addition, they must contain several “nutrients to encourage” that include calcium, potassium, fiber, magnesium, vitamin A, vitamin C, and vitamin E. Fruits and vegetables, whole grain, and low- or no-fat dairy products are also eligible for the marketing claim. “It’s simple, it’s easy-to-use, it’s consensus based, it’s science based,” said one spokesperson for Unilever PLC. “We would hope…
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