Category Archives Issue 443

California Secretary of State Debra Bowen (D) has reportedly certified that enough valid signatures were gathered to allow a genetically modified organism (GMO) food-labeling initiative on the state ballot during the November 6, 2012, general election. In May, the Committee for the Right to Know obtained 971,126 signatures, of which 555,236 had to be proven valid. The ballot initiative, aka California Right to Know Genetically Modified Food Act, was covered in Issue 438 in this Update. “We’re thrilled that Californians will have the opportunity this November to vote for the right to know what’s in our food,” said Stacy Malkan, a committee spokesperson. “It’s about our fundamental right to make informed choices about the food we eat and feed our families.” See California Secretary of State Debra Bowen Press Release, June 11, 2012; Law360, June 12, 2012.

According to news sources, Philippine Department of Justice Secretary Leila de Lima issued an opinion in May 2012, upholding a Department of Health (DOH) memorandum that prohibited multinational companies that make infant milk and other nutritional products from using registered trademarks that contain health and nutrition claims which may undermine breastfeeding and breast milk. The companies were not prohibited from selling or advertising their products as long as their marketing materials, including product labels, comply with DOH rules. DOH apparently took the action on the basis of data showing that the country has a weak breastfeeding culture. In issuing her ruling, de Lima rejected the companies’ contention that preventing a trademark owner from the right to use its own registered mark on its products constituted a deprivation of property without due process of law. She reportedly said, “deceptive marks and misdescriptive marks are absolutely unregistrable.” See Business Mirror, June 13,…

Health Canada recently issued “Guidance for the Food Industry on Reducing Sodium in Processed Foods” as part of its effort “to help Canadians achieve the average sodium intake goal of 2300 mg per day by 2016.” According to Health Canada, which developed the voluntary guidance after receiving “significant input” from stakeholders, the benchmark sodium levels aim to help food manufacturers gradually reformulate their products to meet the nation’s sodium-reduction goals. To that end, the agency calculated the Sales Weighted Average (SWA) sodium content in milligrams per 100 grams “using the sodium levels of the products within a category weighted by their Canadian volume market share in kilograms (kg).” The 2016 proposed SWA sodium levels were then established “by reducing the baseline SWA sodium content by approximately 25% to 30%.” “The phased levels typically represent, respectively, 1/3 and 2/3 of the reduction required to meet the 2016 guiding benchmark SWA levels…

The Food and Drug Administration (FDA) has notified Representative Edward Markey (D-Mass.) that it has accepted his petition seeking to prohibit the use of bisphenol A (BPA) in canned infant formula. If the agency is able to complete its scientific review, it will file his petition in the Federal Register within 90 days seeking public comment on whether the industry has actually abandoned this use of the chemical, the ground on which Markey sought the ban. As noted in Issue 433 of this Update, while FDA has confirmed the chemical’s safety for continued use in food-packaging materials, the American Chemistry Council has asked the agency to prohibit its use in polycarbonate bottles and sippy cups, contending that industry no longer uses BPA in these products. Markey’s petition echoed that rationale in relation to infant-formula packaging. According to a news source, the “abandonment” focus allows government to “sidestep the debate over…

12
Close