Category Archives Issue 419

A recent Harvard School of Public Health (HSPH) study has allegedly linked canned soup consumption to increased urinary bisphenol A (BPA) levels in humans. Jenny Carwile, et al., “Canned Soup Consumption and Urinary Bisphenol A: A Randomized Crossover Trial,” Journal of the American Medical Association, November 2011. According to a November 22, 2011, HSPH press release, researchers analyzed urinary BPA levels in 75 volunteers who first consumed one 12-ounce serving of canned vegetable soup for five days and then one 12-ounce serving of fresh vegetable soup for five days, or vice versa. The results evidently indicated that one serving of canned soup daily “was associated with a 1,221 percent increase in BPA compared to levels in urine collected after consumption of fresh soup.” Although the study authors acknowledged that further research is necessary to determine the duration of the BPA spike, they nevertheless found that “the magnitude of the rise…

“Maybe we’re too inclined to believe the worst about supermarket food,” writes NPR’s Dan Charles in a November 25, 2011, column about a recent Food Safety News report suggesting that most honey sold in the United States does not deserve the name. According to NPR, the article in question implied that producers use a process known as “ultrapurification” to remove pollen from honey, thus preventing “anyone from detecting illicit honey from China.” “Food that doesn’t deserve its name, processed beyond recognition, probably adulterated, maybe unsafe, of unknown origin. It sounded so right, plenty of people decided that it just had to be true,” opines Charles, who upon further investigation found the entire story “misleading” at best. His research showed that most packers use diatomaceous earth before filtration to eliminate the microscopic particles of pollen, dust and bee parts which otherwise promote crystallization. Moreover, audits of the raw or pretreated honey…

A World Trade Organization (WTO) panel has issued a ruling against the United States in a dispute with Mexico and Canada over country-of-origin labeling (COOL) regulations for beef and pork products. According to the November 18, 2011, panel report, Canada and Mexico filed complaints arguing that U.S. COOL regulations enacted in 2008 afford “imported livestock treatment less favorable than that accorded to like domestic livestock.” In addition to labeling requirements, the regulations evidently required the segregation of imported livestock before processing, as well as ear tags certifying that the cattle are free of bovine spongiform encephalopathy. Although the WTO panel reportedly affirmed the right of the United States to enact COOL regulations, it found that the specific requirements provided less favorable treatment to Canadian and Mexican livestock. “Additionally, the panel determined that the U.S. COOL requirements fail to fulfill their consumer information objective because the information included on the labels…

A federal judge in California has reportedly dismissed a putative class action against the manufacturer of melatonin-laced brownies marketed as a relaxation and sleep aid. According to media sources, the plaintiff alleged that HBB LLC failed to disclose the potential effects of its Lazy Larry® or Lazy Cakes® baked goods, including “extreme fatigue, exhaustion and slurred speech.” The products have also come under fire from lawmakers and the Food and Drug Administration, which in August 2011 warned the company that the brownies were adulterated under federal law. Despite the ongoing debate over whether the brownies are conventional food or a dietary supplement, U.S. District Judge Manuel Real concluded that the product packaging adequately displayed its contents. “It is undisputed that the packaging on the product accurately disclosed the quantity of melatonin in each serving as well as the relevant serving size [and] that the product contained a disclaimer of the…

A federal court in California has dismissed without prejudice a proposed class action alleging that ConAgra Foods misrepresented its Wesson cooking oils as “100% Natural” when they contain genetically modified (GM) ingredients. Briseño v. ConAgra Foods, Inc., No. 11 05379 (C.D. Cal., order entered June 28, 2011). Seeking to certify a nationwide class of consumers, the plaintiff sought declaratory and injunctive relief, compensatory damages, restitution, disgorgement, attorney’s fees, and costs, as well as an order requiring ConAgra to disclose the presence of GM ingredients and/or remove the “100% Natural” marketing claims from its products. Additional details about the complaint appear in Issue 400 of this Update. Ruling that the complaint failed to satisfy procedural rule requirements, the court found that the plaintiff’s general allegations “about when he purchased the product, where he purchased it, and how he was made aware of ConAgra’s representations about [sic] do not afford ConAgra adequate opportunity…

The Consumer Federation of America (CFA) has written a letter to the Food and Drug Administration (FDA) supporting a legal petition that demands required labeling of all genetically engineered (GE) food. Information about the October 4, 2011, petition filed by the Center for Food Safety appear in Issue 412 of this Update. Representing nearly 300 nonprofit consumer organizations concerned with food safety, agricultural biotechnology, food and agricultural policy, and nutrition, CFA claims that current FDA regulations fail to provide consumers with information about GE food despite growing public interest in food content. “Genetically engineered foods are required to be labeled in the 15 European Union nations, Russia, Japan, China, Australia, New Zealand, and many other countries around the world,” the November 23 letter states. “U.S. consumers should be provided the same basic information about GE foods as consumers in these other countries.”

The Food and Drug Administration (FDA) is evaluating current allowable levels of inorganic arsenic in apple juice in response to consumer groups’ demand for tighter restrictions. In a November 21, 2011, letter to Food & Water Watch and the Empire State Consumer Project, FDA said, “we are seriously considering setting guidance or other level for inorganic arsenic in apple juice and are collecting all relevant information to evaluate and determine an appropriate level.” Earlier this year, Mehmet Oz, M.D., highlighted concerns about arsenic in apple juice during his nationally syndicated TV show, details of which were highlighted in Issue 410 of this Update. According to FDA guidelines, apple juice cannot contain more than 23 parts per billion (ppb) of inorganic arsenic, which is found in pesticides and can be harmful if consumed at high levels over a long period of time. FDA Deputy Commissioner Michael Taylor told a news source…

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