The Center for Science in the Public Interest (CSPI) has filed a putative nationwide class action in a federal court in California against Dr. Pepper Snapple Group, Inc., alleging that the company misleads consumers, through marketing and product labeling, to believe that the antioxidants contained in its beverages are derived from fruits and that the company’s use of antioxidants in soft drinks violates contrary Food and Drug Administration (FDA) regulations. Green v. Dr. Pepper Snapple Group, Inc., No. ___ (C.D. Cal., filed November 8, 2012). By using the term “antioxidant” in the names of some of its beverages, the company allegedly distinguishes its products “from similar soft drinks and, thereby, command[s] a premium price for the Products.” According to the complaint, “Contrary to Defendant’s claims and representations, the Products do not contain any real cherries, real berries, or even extracts from those fruits. Nor do the Products derive their antioxidant…
Category Archives Issue 461
Voters in Richmond and El Monte, California, have rejected measures that would have taxed soda and other sugar-sweetened drinks at a penny-per-ounce rate. According to media sources, Richmond City Councilmember Jeff Ritterman initially proposed Measure N as a way to discourage residents from consuming sugary drinks, which he identified as a prime culprit behind the rise in diabetes, obesity, heart failure, and other related issues. “I’m disappointed, but overall I think this has been a positive for Richmond,” said Ritterman. “It’s started a great conversation in this community. I think President Obama should (propose a soda tax). [Governor] Jerry Brown should. This is just the beginning of the wave.” See San Francisco Chronicle, November 7, 2012. While 67 percent of Richmond’s electorate apparently voted against Measure N, 77 percent of voters in the Los Angeles suburb of El Monte also rejected a soft drink tax—an outcome that a November 7 Huffington Post…
San Francisco City Attorney Dennis Herrera has sent a letter to Monster Beverage CEO Rodney Sacks, asking the company to provide proof that the large dosages of caffeine contained in its popular Monster energy drinks are “completely safe” for consumption by adolescents and adults. Monster Beverage Corp. has come under increased scrutiny following reports last week to the Food and Drug Administration (FDA) that the product may be linked to as many as five deaths since 2009. Herrera issued the letter under provisions of California’s Unfair Competition Law that empowers city attorneys to demand evidence for purportedly fact-based advertising claims. “Although you claim that Monster Energy drinks are ‘completely safe,’” Herrera writes, “there is increasing evidence that the high caffeine levels in your products are dangerous, particularly for the youth whom you target with your advertising. As numerous scientific studies have concluded, consuming large amounts of caffeine can have serious health…
U.K. members of Parliament (MPs) have reportedly agreed to revisit a beer duty escalator tax that raises the price of a pint each year by 2 percent plus the rate of inflation. According to media reports, Conservative MP Andrew Griffiths argued in the House of Commons that the current beer tax has cost the country thousands of jobs as beer sales decline and pubs are forced out of business. The debate purportedly concluded with 100 MPs voting to review the tax despite Treasury Minister Sajid Javid’s concern that the government would lose £105 million over the next two years if it were abolished. “The reality is since the introduction of the beer duty escalator [in 2008], beer duty has increased by a crippling 42 per cent,” said Griffiths, who chairs the All-Party Parliamentary Beer Group. “The point about an escalator is you stop when you get to the top. We…
The U.K. Department of Environment, Food and Rural Affairs (DEFRA) has announced a public consultation seeking feedback on proposed legislation that would implement the European Union’s (EU’s) regulation “on the provision of food information to consumers” (Regulation (EU) No. 1169/2011). According to DEFRA, the regulation known as FIC requires food business operators (FBOs) to provide specific information to consumers “so that they are able to make informed choices about the food they buy.” These requirements address a number of technical issues, including (i) “country of origin/place of provenance labeling”; (ii) “mandatory nutrition declaration and voluntary front of pack nutrition labeling”; (iii) “ingredients and nutrition labeling of alcoholic drinks”; (iv) “consumer information about non-prepacked foods”; (v) “food allergen labeling and information”; (vi) “clarity of food labels and minimum font size”; (vii) “labeling of vegetable oil including palm oil”; (viii) “labeling of engineered nano-materials”; and (ix) “quantity labeling.” The U.K. legislation enacting FIC…
The European Food Safety Authority (EFSA) has published a Science Strategy 2012-2016 outlining the agency’s plans to protect the food supply chain “in the coming years through up-to-date, science-based risk assessments.” Intended to complement EFSA’s corporate Strategic Plan 2009-2013, the new strategy reflects internal deliberations among its Scientific Committee, Advisory Forum, Management Board and staff, and various stakeholders. The document focuses on four objectives designed to (i) “further develop [the] excellence of EFSA’s scientific advice”; (ii) “optimize the use of risk assessment capacity in the EU”; (iii) “develop and harmonize methodologies and approaches to assess risks associated with the food chain”; and (iv) “strengthen the scientific basis for risk assessment and risk monitoring.” To achieve these goals, the strategy proposes several key initiatives, including a bid to “enhance the contribution of EFSA staff to support the scientific work of the EFSA Scientific Committee and Scientific Panels.” EFSA has also recommended…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued instructions for inspection program personnel (IPP) to follow “when verifying that large official establishments (with 500 or more employees) that produce meat and poultry products have prepared and are maintaining required written recall procedures.” According to FSIS, the notice complies with a May 8, 2012, final rule outlining requirements for notifying the agency of adulterated or misbranded products and maintaining written recall procedures. It also calls on IPP to remind large establishments “of the availability of food defense plan guidance because food defense plans also facilitate the removal of adulterated products from commerce.” Although food defense plans are currently voluntary, FSIS has stressed that their purpose is to help meat and poultry companies “respond to intentional contamination of products” and may be used with other recall systems. Written recall procedures, however, must “specify how the official establishment…
The Agricultural Marketing Service of the U.S. Department of Agriculture (USDA) has issued a final rule clarifying that the Organic Foods Production Act of 1990 and its implementing regulations require “periodic residue testing of organically produced agricultural products by accredited certifying agents.” Effective January 1, 2013, the rule also “expands the amount of residue testing of organically produced agricultural products by clarifying that sampling and testing are required on a regular basis [and] requires that certifying agents, on an annual basis, sample and conduct residue testing from a minimum of five percent of the operations that they certify.” See Federal Register, November 9, 2012.
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