A federal court in California has dismissed without prejudice a putative class action alleging that Wholesoy & Co. misleads consumers by (i) listing “organic evaporated cane juice” instead of “sugar” or “dried cane syrup” as an ingredient on its soy yogurt products in violation of Food and Drug Administration (FDA) labeling rules, and (ii) marketing its soy product as yogurt because it fails to comply with FDA’s standard of identity for “yogurt.” Hood v. Wholesoy & Co., No. 12-5550 (N.D. Cal., decided July 12, 2013). The court agreed with the company that the complaint must be dismissed under the primary jurisdiction doctrine because its resolution would require the court to decide an issue committed to the agency’s expertise “without a clear indication of how FDA would view the issue.” Specifically, the court found that the evaporated cane juice guidance document on which the plaintiff relied is expressly “not a ‘legally…
Category Archives Issue 491
The U.K. Advertising Standards Authority (ASA) has upheld two complaints alleging that a recent advertisement for Heineken beer “condoned or encouraged the consumption of alcohol in a football stadium within sight of the pitch, which was an illegal activity,” and “condoned or encouraged people to take glass bottles into a football stadium, which was not permitted.” The TV commercial in question apparently featured a man traveling to the UEFA Champions League final game, where he and a woman were shown taking a seat in view of the field and “clinking the two bottles of Heineken together in a celebratory fashion.” Although Heineken UK Ltd. described the ad as a “light-hearted” and “tongue-in-cheek” fantasy, ASA ultimately agreed with complainants that the final scene implied that the main characters “were going to consume beer during the football match.” “We considered that the ad could give the impression to viewers that such behavior,…
The U.K. Home Office has issued its response to a public consultation on its alcohol strategy, laying out a number of new measures but stopping short of instituting a scheme that would have priced alcoholic beverages per unit of alcohol. Under the new strategy, the government has vowed, among other things, to (i) take action “on irresponsible promotions in pubs and clubs,” (ii) facilitate “targeted action by pubs and clubs themselves to curb irresponsible drinking,” (iii) put an end to deep discounts on alcohol that made it possible for consumers to purchase beverages for less than the cost to retailers, and (iv) free “responsible business and community groups from unnecessary red tape, while maintaining the integrity of the licensing system.” At the same time, however, the Home Office ultimately declined to implement minimum unit pricing (MUP) because it found little evidence that the plan would “reduce problem drinking without penalizing…
Environment Canada has issued a notice directing manufacturers and importers to provide information about their use of phthalates in food and beverage contact materials, among other consumer products. According to the July 13, 2013, announcement in the Canada Gazette, the government has identified more than 30 phthalate substances for priority assessment under its Chemicals Management Plan. To this end, Environment Canada has asked industry for details about the manufacture, importation and use of these substances “for the purposes of assessing whether [they] are toxic or capable of becoming toxic, or for the purpose of assessing whether to control [them].” The notice applies to those stakeholders who (i) imported or manufactured more than 100 kilograms of any of the listed substances at a concentration equal to or above 0.001 percent by weight; (ii) used more than 1,000 kilograms of a substance at that concentration; or (iii) imported phthalate-containing products intended for…
Responding to a request from the European Commission, the European Food Safety Authority (EFSA) has announced plans to complete a draft scientific opinion on acrylamide by mid-2014 using “hundreds of scientific studies” as well as new data from food business operators, consumer organizations and other stakeholders. According to a July 15, 2013, news release, EFSA’s Panel on Contaminants in the Food Chain (CONTAM Panel) will use information and research solicited in April 2013 to assess “the toxicity of acrylamide for humans and update its estimate of consumer exposure through the diet.” After a public consultation, the CONTAM Panel aims to finalize its assessment during the first half of 2015. “In 2005, EFSA stated that acrylamide may be a human health concern and that efforts should be made to reduce exposure to this substance through the diet,” said the agency. “EFSA’s comprehensive assessment of this scientific issue will allow EU decision-makers to…
The Food and Drug Administration (FDA) has issued a request for comments, scientific data and information to use in risk assessment of human salmonellosis associated with the consumption of tree nuts, including almonds, cashews, pistachios, pine nuts, Brazil nuts, macadamia nuts, and walnuts. The risk assessment seeks to quantify the public health risk associated with eating tree nuts potentially contaminated with Salmonella and evaluate the impact of interventions to prevent contamination with the bacterium or to reduce contamination levels. FDA said an assessment is necessary in light of “outbreaks of human salmonellosis linked to tree nuts during the past decade, by product recalls, and by Salmonella isolation from tree nuts during surveys.” Comments will be accepted until October 16, 2013. See Federal Register, July 18, 2013.
The Food and Drug Administration (FDA) has published new guidance on Salmonella-contaminated food for animals. Titled “Compliance Policy Guide Sec. 690.800 Salmonella in Food for Animals” (CPG), the guidance finalizes the draft CPG that was announced in August 2010 and includes the following changes: (i) the title has changed from “Salmonella in Animal Feed” to “Salmonella in Food for Animals” to clarify that it covers all animal food, including pet food and animal feed, and (ii) the term “direct human contact animal feed” has been replaced with the term “pet food” and includes treats and chews. FDA has also announced (i) the removal of 21 CFR 500.35 “Animal feeds contaminated with Salmonella microorganisms,” and (ii) the withdrawal of “Compliance Policy Guide Sec. 690.700 Salmonella Contamination of Dry Dog Food.” See Federal Register, July 16, 2013.
12
