The European Commission has proposed legislation that would allow member states to set their own policies for regulating genetically modified (GM) crops. If approved by the European Parliament and individual governments, the proposal would permit countries to approve, restrict or prohibit the cultivation of GM crops, even those deemed safe by the scientific mechanisms currently in place. Under this new framework, member states could bar GM crops for reasons “other than the identification of a risk for the environment, human or animal health.” See EC Citizen’s Summary, July 13, 2010. The proposed legislation apparently seeks to end a 12-year gridlock among member states with different stances toward GM crops. In light of this dilemma, the commission has also drafted new recommendations for avoiding the unintended presence of GM products in those marketed as GM-free. This non-binding guidance (i) “allows for measures aiming to limit GMO content in conventional food and feed…
Category Archives Issue 356
The Food and Drug Administration (FDA) has submitted to the Office of Management and Budget a proposed information collection related to food labeling regulations. According to FDA, these regulations govern the submission of food labeling petitions and require food producers to: (i) disclose specific information about themselves or their products on labeling; (ii) retain records establishing the basis for the information contained on labeling; and (iii) provide these records to regulatory officials. The information collection notice provides estimated annual reporting and recording keeping burdens for these regulations. FDA has noted that it is no longer combining these burden hour estimates with those in information collections titled, “Food Labeling: Nutritional Labeling of Dietary Supplements on a ‘Per Day’ Basis” and “Food Labeling: Trans Fatty Acids in Nutrition Labeling,” although “[s]uch consolidation may occur in the future.” The agency will accept comments until August 16, 2010. See Federal Register, July 15, 2010.
The Food and Drug Administration (FDA) is seeking public comments on a new federal law that requires certain chain restaurants and retail food operations to post the calorie content of individual items on menus, menu boards and drive-through menu boards. Enacted March 23, 2010, section 4205 of the Affordable Care Act applies to food establishments with 20 or more locations, such as restaurants, coffee shops, delis, movie theaters, bakeries, and ice cream shops. Per-serving information related to the amount of calories, cholesterol, fiber, sodium, sugars, total and complex carbohydrates, total and saturated fat, and total protein must be available in writing on request. The law also compels vending machine operators with 20 or more machines to list calorie information “in close proximity to” each article of food or the selection button. The law instructs FDA to issue proposed regulations to carry out these provisions by March 23, 2011. The agency…
The Federal Trade Commission (FTC) has announced a settlement with Nestlé HealthCare Nutrition, Inc., which the agency contends has deceptively marketed a children’s drink, BOOST Kid Essentials®, as a product clinically shown to reduce illness in children by strengthening the immune system and helping them recover more quickly from diarrhea. The beverage, intended for children ages 1 to 13, contains probiotics embedded in a straw that was “prominently featured in ads for the product.” According to the FTC, the company has agreed to stop making health-related claims about cold or flu viruses “unless the claim is approved by the Food and Drug Administration.” The company has also agreed to cease making claims about diarrhea and reduced absences from day care or school “unless the representation is non-misleading and, at the time of making such representation, the [company] possesses and relies upon competent and reliable scientific evidence that substantiates that the…
U.S. Representative Edward Markey (D-Mass.) has called on the Food and Drug Administration (FDA) to respond to reports that the April 20, 2010, oil spill has contaminated the marine food chain in the Gulf of Mexico with toxins such as arsenic. In a July 13 letter to FDA Commissioner Margaret Hamburg, Markey expressed concern “that the mixture of oil, dispersants, arsenic and other toxic compounds are having effects on seafood that may not be detectable for months.” Markey, chair of the House Select Committee on Energy Independence and Global Warming, said researchers have uncovered droplets of oil found inside crab larvae harvested from gulf waters near Pensacola, Florida; Galveston, Texas; and Grand Isle, Louisiana. “In some areas, 100 percent of the larvae recovered contain droplets of oil hydrocarbons, a major concern given that crab is a favorite food for both humans and multiple fish species that live in the marshes,”…
U.S. Senator Chuck Schumer (D-N.Y.) has asked the Federal Trade Commission (FTC) to investigate the marketing of certain caffeinated malt beverages that “seem to be explicitly designed to attract underage drinkers” and to determine whether new enforcement actions are warranted. In a July 12, 2010, press release, Schumer singled out popular drinks “that appear hip with flashy colors and funky designs” but contain 12 percent alcohol, which is more than twice the amount in a bottle of beer or glass of wine. “However, the labeling and packaging of these beverages renders them nearly indistinguishable from ordinary energy drinks,” Schumer said. “Some stores even stock them directly next to other energy drinks causing further confusion for legal and illegal consumers.” Schumer called the marketing “extremely troubling” in a letter to FTC Chair Jon Leibowitz. “Frankly, it looks to me as if manufacturers are trying to mislead adults and business owners who…
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