The Food and Drug Administration (FDA) has issued a final rule that amends its food additive regulations to allow hydrogen peroxide to be used as an “antimicrobial agent in the manufacture of modified whey by ultrafiltration methods.” Effective March 2, 2011, the rule responds to a petition filed by Fonterra (USA) Inc. requesting the change as an alternative to “electrodialysis methods” used in whey processing. Hydrogen peroxide has been affirmed as generally recognized as safe (GRAS) for human consumption when electrodialysis methods are used for whey processing under certain conditions. After reviewing data on ultrafiltration methods, FDA has determined that hydrogen peroxide “will achieve its intended technical effect as an antimicrobial agent under the proposed conditions of use.” FDA requests objections to the rule or requests for a hearing by April 1. See Federal Register, March 2, 2011.
Category Archives Issue 384
The Food and Drug Administration (FDA) has issued a final rule amending its regulations “for thermally-processed low-acid foods packaged in hermetically sealed containers to allow other temperature-indicating devices, in addition to mercury-in-glass thermometers, during processing.” The final rule follows from a March 14, 2007, proposal covered in Issue 207 of this Update. Effective March 5, 2012, the new regulation also “establishes recordkeeping requirements” for alternative temperature-indicating devices, “allows for the use of advanced technology for measuring and recording temperatures,” and “includes metric equivalents of avoirdupois (U.S.) measurements where appropriate.” In addition, it permits low-acid canned food processors “to transition from mercury-in-glass thermometers to alternative temperature-indicating devices,” which will “eliminate concerns about potential contamination of the food or the processing environment from broken mercury-in-glass thermometers.” See The Federal Register, March 3, 2011.
The Food and Drug Administration (FDA) has issued a warning letter to CEO John Glessner of Ohio Fresh Eggs, after finding that it had shipped nearly 800 cases of eggs from farms that had tested positive for Salmonella. The Ohio company is reportedly linked to the egg producer involved in a massive egg recall in 2010; Glessner apparently has ties to Hillandale Farms of Iowa whose owner Jack DeCoster apparently provided most of the funds to purchase Ohio Fresh Eggs from a previous owner. The company has reportedly characterized the shipment as a mistake and was quoted as saying, “Our farm cooperated fully with FDA to ensure a swift and complete recall of those eggs from our customer, and we are thankful no illnesses were reported.” See Des Moines Register, March 1, 2011.
The Government Accountability Office (GAO) has issued a March 2011 report identifying 34 areas, including agriculture, “where agencies, offices, or initiatives have similar or overlapping objectives or provide similar services to the same populations; or where government missions are fragmented across multiple agencies.” Commissioned by Congress, this first annual report also summarizes 47 areas where lawmakers or regulators could further reduce the cost of government. These results reflect both new research undertaken by GAO and previously compiled reports, such as the February 16, 2011, edition of the High-Risk Series covered in Issue 382 of this Update. When it comes to the agriculture sector, according to GAO, “[t]he fragmented federal oversight of food safety has caused inconsistent oversight, ineffective coordination, and inefficient use of resources.” The report notes that 15 federal agencies “collectively administer at least 30 food related laws,” with the U.S. Department of Agriculture (USDA) overseeing meat, poultry, processed egg…
The parties to obesity-related litigation, brought on behalf of several teenagers against fast-food giant McDonald’s Corp. in 2002, have filed a stipulation of voluntary dismissal with prejudice. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., stipulation filed February 25, 2011). The action followed entry of an order in December 2010 scheduling pretrial discovery and motions filing and briefing for the individual claims remaining in this putative class action. A court refused to certify the action as a class in October. Pelman was closely watched by industry and consumer advocates as it made several trips before the Second Circuit Court of Appeals that ultimately narrowed the issues for trial. It was expected to be groundbreaking litigation that would allow access to industry documents which plaintiffs’ interests believed could be used to bring a flood of litigation against companies they blame for the nation’s increasing incidence of obesity. The experience of litigators opposing…
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