A federal court in California has issued an order preliminarily certifying a nationwide class for settlement purposes and approved the class settlement in a case alleging that Barbara’s Bakery misled consumers by labeling its products as “all natural” with “no artificial additives,” “no artificial preservatives,” or “no artificial flavors,” when they contained genetically modified (GM), artificial or synthetic ingredients. Trammell v. Barbara’s Bakery, Inc., No. 12-2664 (N.D. Cal., order filed June 26, 2013). Under the proposed terms, the company would create a $4 million non-revertible fund to pay class member claims, an incentive award for the named plaintiff, attorney’s fees, and costs of notice and administration. Class members would able to recover up to $100 for the purchase of products including cereals, cereal bars, cheese puffs, fig bars, granola bars, Snackanimal® animal cookies, organic mini-cookies, snack mixes, and crackers. The settlement would also require the company to modify the labeling and…
Category Archives Issue 489
The U.K. Food Standards Agency (FSA) has requested public comments about a novel foods application submitted by a U.S. company seeking permission to use refined oil from Bugglossoides arvensis seeds in its food products. The company suggests in the application that the oil is a rich source of omega-3 and omega-6 fatty acids and could be consumed by people who want to increase their intake of omega-3 fatty acids, but are unwilling or unable to consume fish oils—vegetarians, for example. The applicant also indicated that oil made from Bugglossoides arvensis seeds is similar in composition to Echium oil, which is already approved for use in foods in the European Union. FSA will accept comments until July 15, 2013. See FSA News Release, June 25, 2013.
The U.K. Advertising Standards Authority (ASA) has upheld a complaint against a print advertisement by the People for the Ethical Treatment of Animals (PETA) Foundation alleging that meat consumption raises heart disease and cancer risk. According to ASA’s report, the poster under review featured a child smoking a cigar and the following text: “You Wouldn’t Let Your Child Smoke. Like smoking, eating meat increases the risk of heart disease and cancer. Go vegan!” After considering two complaints questioning whether the link between meat consumption and disease risk could be substantiated, ASA concluded that the studies provided by PETA to support its claims failed to show any strong association between general meat consumption and increased risk of heart disease and various cancers. “We considered that because the ad likened the risks associated with eating any kind of meat to the risks of smoking, consumers would understand from the ad that the…
The European Food Safety Authority (EFSA) has launched two public consultations on draft guidance for feed additives. Issued by EFSA’s Panel on Additives and Products or Substances Used in Animal Feed (FEEDAP), the first draft document offers guidance “for the preparation of dossiers for the renewal of the authorization for feed additives.” Under Article 14 of Regulation (EC) No. 1831/2003, FEEDAP currently requires applicants to renew feed additive permits every 10 years by providing enough technical information to “enable an assessment to be made of additives based on the current state of knowledge.” The panel has also requested feedback on draft guidance stemming from its updated assessment “of the toxigenic potential of Bacillus species used in animal nutrition.” According to EFSA, “Bacillus species are used in animal production directly as microbial feed additives or as the source of other feed additives, notably enzymes,” although certain strains—such as those in the…
The European Food Safety Authority (EFSA) recently published its recommendations for improving meat inspection procedures in the European Union (EU) after a previous assessment found that “traditional practices... are not always suitable for detecting the main meat borne hazards such as Campylobacter and Salmonella or contamination by chemical substances.” Billed as “a major piece of work that will provide the scientific basis for the modernization of meat inspection across the EU,” the four new opinions address the potential public health risks of meat derived from solipeds, farmed game, sheep, goats, and cows, in addition to setting “harmonized epidemiological indicators” for identifying biological hazards. Looking at data on the incidence and severity of foodborne diseases in humans as well as the outcomes of various residue testing programs, EFSA’s experts ranked the biological and chemical hazards of particular concern for each species, singling out verocytotoxin-producing E. coli, dioxins and dioxin-like polychlorinated biphenyls as…
The European Commission (EC) has announced a public consultation on the Nanomaterial Annexes to the regulations governing the Registration, Evaluation, Authorization and Restriction of Chemical (REACH) substances. As recommended in the General Review of REACH published in February 2013, the consultation will contribute to the Commission’s “impact assessment of relevant regulatory options, in particular possible amendments of REACH Annexes, to ensure further clarity on how nanomaterials are addressed and safety regulations demonstrated in registration dossiers.” To this end, the EC has asked “informed experts user[s]” to complete a questionnaire about the technical provisions of the REACH Annexes, including whether the current definition of nanomaterials has changed the way companies account for nanomaterials in their portfolio or conduct safety assessments. The survey also seeks input on five proposals being considered by the Commission as it looks to update REACH’s registration requirements by the end of 2013. These proposals include (i) altering…
The U.S. Department of Agriculture (USDA) has issued a notice informing the public about upcoming sanitary and phytosanitary standard-setting activities of the Codex Alimentarius Commission (Codex) and seeking comments on standards under consideration and recommendations for new standards. The notice, which also lists other standard-setting activities, including “commodity standards, guidelines, codes of practice, and revised texts,” covers the time periods from June 1, 2012, to May 31, 2013, and June 1, 2013, to May 31, 2014. See Federal Register, June 21, 2013.
The U.S. Department of Agriculture (USDA) has issued an interim final rule amending the National School Lunch Program and School Breakfast Program regulations “to establish nutrition standards for all foods sold in schools, other than food sold under the lunch and breakfast programs.” Acting under Section 208 of the Healthy, Hunger-Free Kids Act of 2010, the agency considered scientific recommendations and voluntary standards for beverages and snack foods, as well as more than 250,000 public comments, in developing the “Smart Snacks in School” standards, which must also adhere to the most recent Dietary Guidelines for Americans. Effective July 1, 2014, the final rule requires all competitive foods sold in schools to meet the following guidelines: (i) “be a grain product that contains 50 percent or more whole grains by weight or have as the first ingredient a whole grain”; or (ii) “have as the first ingredient one of the non-grain…
The U.S. Government Accountability Office (GAO) recently issued a report criticizing the U.S. Department of Agriculture (USDA) for its “limited” response to school districts that had trouble implementing the new school lunch nutrition standards for the 2012-2013 school year. According to GAO, which gathered feedback from eight districts, schools reported that restrictions on the amount of meats and grains served each week during lunch required them to eliminate popular menu items and made it difficult “to meet minimum calorie requirements for lunches without adding items, such as gelatin, that generally do not improve the nutritional quality of lunches.” In addition, some school food authorities (SFAs) observed that calorie range requirements posed a particular challenge in schools with both middle and high school students “[b]ecause the required lunch calorie ranges for these two grade groups do not overlap.” To address these issues, GAO has recommended that USDA “remove the meat and…
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