Category Archives Issue 414

The Food and Drug Administration (FDA) has announced changes to its bottled water quality standard “by establishing an allowable level for the chemical di(2-ethylhexyl)phthalate (DEHP).” Effective April 16, 2012, the final rule establishes “in § 165.110(b)(4)(iii)(C) (21 CFR 165.110(b)(4)(iii)(C)), which includes allowable levels for pesticides and other synthetic organic chemicals, an allowable level for DEHP at 0.006 mg/L.” It also requires manufacturers to monitor their products “for DEHP at least once each year under the current good manufacturing practice (CGMP) regulations” and to monitor their source water “as often as necessary, but at least once every year unless they meet the criteria for source water monitoring exemptions under the CGMP.” According to FDA, the amended rule brings bottled water standards in line with those set by the Environmental Protection Agency (EPA) for public drinking water. The two comments opposing the rule change evidently did not provide enough evidence to challenge…

Several consumer advocacy organizations have filed a complaint with the Federal Trade Commission (FTC) based on a report that “identifies, analyzes, and documents a set of digital marketing practices that pose particular threats to children and youth, especially when used to promote foods that are high in fat, sugars, and salt, which are known to contribute to child and adolescent obesity.” The complaint specifically targets PepsiCo and Frito-Lay, focusing on promotions for Doritos®. According to the complainants, “Frito-Lay has infiltrated the lives of teens by developing covert advertising campaigns centered on things teens love—video games, music, horror, sports, contests, and social networking.” They further contend that (i) “Frito-Lay disguises its marketing campaigns as entertaining video games, concerts, and other immersive forms of entertainment, thus making it more difficult for teens to recognize them as marketing and to be skeptical about the messages they present”; (ii) “Frito-Lay claims to protect teens’…

The U.S. Senate has reportedly adopted an amendment to the Fiscal Year 2012 Senate Agriculture Appropriations bill that would prevent the U.S. Department of Agriculture (USDA) from reducing the amount of potatoes and other starches in school meals. According to Senator Susan Collins (R-Maine), who authored the bipartisan measure, USDA earlier this year “proposed a rule that would limit servings of a certain category of vegetables that includes white potatoes, green peas, lima beans, and corn, to a total of one-cup per week in the National School Lunch Program,” while also prohibiting “this category of vegetables from the School Breakfast Program altogether.” The amendment blocks USDA from eliminating these vegetables but keeps the requirement “that school meals be consistent with the most recent Dietary Guidelines for Americans.” As a result, USDA and schools will reportedly retain the flexibility to regulate cooking methods and make “reasonable and suitable substitutions among affordable fresh…

Alaska’s U.S. Senators Mark Begich (D) and Lisa Murkowski (R) have introduced two new bills as part of their ongoing campaign to prevent the federal government from allowing the sale of genetically engineered (GE) salmon. Information about related legislative proposals they sponsored in January 2011 appears in Issue 380 of this Update. One new proposal (S. 1717) would make it unlawful for anyone to “ship, transport, offer for sale, sell, or purchase genetically altered salmon or other marine fish, or a product containing genetically altered salmon or other marine fish, in interstate or foreign commerce.” The other proposal (S.A. 751), offered as an amendment to a House appropriations bill (H.R. 2112), would preclude the Food and Drug Administration (FDA) from spending any funds to approve an application for the approval of GE fish. One such application is pending before the agency. According to Begich, “There is just too much at…

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