Category Archives Issue 357

The European Snacks Association (ESA) has apparently vowed to standardize product portion sizes, citing dietary recommendations and consumption patterns. In conjunction with an EU trade group representing food and beverage manufacturers, ESA has set a reference serving size that does not exceed 8 percent of the overall Guideline Daily Amount (GDA), or approximately 160 kcal. Thus, according to ESA, (i) “30g of snacks would provide 120-170 kcal, depending on the nature of the ingredients/preparation of the product”; and (ii) “30g of nuts would provide 170-200 kcal, depending on the nutritional differences between nuts and their preparation.” ESA has also promised to declare the number of portions per package so that consumers can adjust their dietary habits as needed. The European Snacks Association (ESA) has apparently vowed to standardize product portion sizes, citing dietary recommendations and consumption patterns. In conjunction with an EU trade group representing food and beverage manufacturers, ESA…

The Catfish Farmers of America (CFA) has reportedly released a commissioned report that evaluates the human health risks associated with catfish consumption. Presented to lawmakers and backed by Senate Agriculture Committee Chair Blanche Lincoln (D-Ark.), the report identifies several major hazards for aquaculture fish, including “pathogenic microorganisms, antimicrobial/drug residues, and environmental chemicals.” In particular, the findings cite regulatory surveillance testing that revealed illegal antibiotics, drugs and other chemicals in imported fish but not in the domestic aquaculture supply. “The use and resulting presence of these antibiotics can cause microorganisms to gradually become resistant to the antibiotics and their ability to treat human infections is thereby decreased,” states Exponent, Inc.’s Center for Chemical Regulation and Food Safety, which authored the report. The report thus recommends that freshwater aquaculture “should have an inspection system that differs from other seafood systems,” with an emphasis on “prevention of contamination across the entire catfish production,…

In a recent issue that celebrates the top diverse U.S. companies, including several food manufacturers and restaurant chains, Diversity Inc. calls out the food and beverage industry, in an investigative report, for marketing, public relations and lobbying tactics some believe have led to unhealthy eating habits and a national obesity epidemic. Titled How the Food Industry Profits While Society Pays, the report describes the effects of an overweight and obese society on the U.S. health care system, while noting that hundreds of hospitals have fast food restaurants on their premises. The report suggests that racial and social justice issues are implicated in the obesity epidemic, citing statistics showing that African-American, Latino and inner-city communities are saturated with fast-food restaurants. A report sidebar discusses the largest fast food chains, noting the tens of thousands of restaurants that bear their logos around the world and the ways they market to children. “On…

According to a news source, a company that makes high-priced cookware and targets its sales to Spanish-speaking immigrants in the Los Angeles area has agreed to settle litigation accusing it of fraudulently claiming that its products could cure diseases ranging from cancer and Alzheimer’s to diabetes and heart disease. California v. Rena Ware Int’l, Inc., No. BC437981 (Cal. Super. Ct., Los Angeles Cty., settlement reached July 1, 2010). California Attorney General Jerry Brown brought the lawsuit, alleging unfair competition and false advertising. Sales representatives reportedly told consumers that the cookware reduced high blood pressure by removing hormones from meat while it cooked. Under the agreement, the manufacturer will pay a total of $625,000 to resolve the dispute and must ensure, by means of an independent monitor, that it will refrain from using either false information or high-pressure sales tactics. See Mealey’s Personal Injury Report, July 12, 2010.

The International Association for the Study of Obesity (IASO) has released a July 2010 report on the PolMark Project, a survey commissioned by the European Union to examine how member states regulate food and beverage marketing to children. According to IASO, “The researchers found that two-thirds of the 53 countries in the region now have official policies on the need to restrict the promotion of unhealthy food to children, a dramatic increase since a similar survey five years earlier. However, most countries are depending on self-regulation by industry and only a few have brought in specific statutory measures.” The report apparently notes that 92 percent of key stakeholders interviewed in 11 countries “believed there was a link between advertising and child obesity.” In addition, (i) two-thirds “believed current controls on marketing to children were not strong enough”; (ii) more than 80 percent “thought that restrictions on advertising for certain types…

The UK Department of Health (DH) has announced its intention to preserve the Food Standards Agency (FSA) as a non-ministerial authority responsible for food safety policy and enforcement. According to a July 20, 2010, press release, DH will take over England’s nutrition policies, including those related to (i) food labeling and health claims; (ii) dietetic food and food supplements; (iii) calorie information in catering establishments; and (iv) product reformulation to reduce salt, saturated fat, sugar, and portion sizes. DH will also conduct nutrition research and work with the Scientific Advisory Committee on Nutrition, while the Department for Environment, Food and Rural Affairs (Defra) will handle country-of-origin labeling, other types of non-food-safety labeling, and food composition policies used to characterize products such as honey, jam, chocolate, and ice cream. On matters of food safety, however, advice from FSA experts “would be final.” The authority will also retain oversight of nutrition and…

The Food and Drug Administration (FDA) has called for comments on a proposed information collection included in a guidance document titled “Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition [CFSAN].” Under the National Environmental Policy Act of 1969, FDA must consider the environmental impact of its actions, including those related to food contact substance notifications; exemption requests for food additives; and petitions for GRAS affirmation, food additives and food colorings, food labeling, health claims, and nutrient content claims. FDA has since, however, amended its rulemaking to exclude certain classes of actions “that do not individually or cumulatively have a significant effect on the human environment.” Instead of routinely requiring information about the production of FDA-regulated articles, FDA has eliminated the previously required environmental assessment (EA) and provided guidance “to help industry submit a claim of categorical exclusion…

The Animal and Plant Health Inspection Service (APHIS) has issued a notice requesting voluntary participation in a program designed to improve compliance with regulations pertaining to the importation, interstate movement and environmental release of genetically engineered (GE) organisms. APHIS conducted a pilot Biotechnology Quality Management System (BQMS) Program in 2009 and has since refined its draft audit standard and procedures and program training sessions. The program is intended to help all regulated entities, including universities, small businesses and large companies, to develop “sound management practices through the creation and implementation of a customized biotechnology quality management system.” Participants will be expected to attend several training sessions, develop a BQMS within their organization, establish procedures addressing the movement and field testing of regulated GE organisms, participate in evaluations, and submit to a third-party verification audit. Letters of interest may be submitted at any time, but APHIS encourages submission as soon as…

In response to an Office of Management and Budget (OMB) request, the Business Roundtable and The Business Council have prepared a report with a list of laws and regulations that the nation’s business leaders reportedly believe “have a dampening effect on economic growth and job creation.” Among the business groups’ concerns are proposals that would affect how the food and beverage sectors conduct business. Titled “Policy Burdens Inhibiting Economic Growth,” the report cited Food and Drug Administration food labeling policies, proposals to increase beverage taxes, pending changes to food safety laws, proposed nutrition standards, and youth marketing initiatives as areas of particular concern. OMB Watch, an organization dedicated to “equitable regulatory and budgetary processes,” questioned the timing of the White House invitation, claiming that recent economic and environmental catastrophes were due to lax regulation and not “because government has been too zealous.” Acknowledging that OMB may have initiated the dialogue as…

Representative John Dingell (D-Mich.) recently sent a public letter to Senator Dianne Feinstein (D-Calif.), blaming her pursuit of a bisphenol A (BPA) ban for stalling the Food Safety Modernization Act (S. 510). Feinstein has apparently sought to include “controversial language” in the bill that would prohibit BPA in food and beverage packaging. According to Dingell, “recent press accounts” have suggested that Feinstein’s stance has endangered the fate of the legislation, which would grant the Food and Drug Administration (FDA) new authority to monitor the national food supply and enforce regulations. Other food safety advocates such as Safe Table Our Priority have reportedly joined Dingell in asking Feinstein to drop her agenda. Although Dingell noted the ongoing disagreement over BPA’s safety, he nevertheless urged his fellow lawmaker to negotiate with industry interests. “It would be calamitous if a bill to protect American consumers from unsafe food cannot become law this year…

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