Category Archives Issue 498

The Federal Trade Commission (FTC) has requested comments on proposed self-regulatory guidelines submitted by the kidSAFE Seal Program under the safe harbor provisions of the Children’s Online Privacy Protection Rule (the COPPA Rule). Owned and operated by Samet Privacy, LLC, the kidSAFE Seal Program identifies itself as “a fast-growing safety certification service and seal-of-approval program designed exclusively for children-friendly websites, mobile applications, tablet devices, and other similar interactive services and technologies.” The program is seeking safe harbor status pursuant to Section 312.11 of the Revised COPPA Rule. In particular, FTC has asked respondents to consider, among other things, whether (i) the proposed guidelines provide “the same or greater protections for children” as those contained in Sections 312.2-312.10 of the Rule; (ii) “the mechanisms used to assess operators’ compliance with the proposed guidelines” are effective; (iii) “the incentives for operators’ compliance with the proposed guidelines” are effective; and (iv) the proposed…

The Centers for Disease Control and Prevention (CDC) has issued a report examining the impact of antibiotic-resistant bacteria on human health. Titled Antibiotic Resistance Threats in the United States, 2013, the report categorizes bacterial strains as either urgent threats, serious threats or concerning threats according to their clinical and economic impacts, incidence, 10-year projection of incidence, transmissibility, availability of effective antibiotics, and barriers to prevention. Among the bacteria identified by CDC as serious threats are drug-resistant Campylobacter, drug-resistant non-typhoidal Salmonella, methicillin-resistant Staphylococcus aureus (MRSA), and drug resistant tuberculosis. In particular, the agency has noted that the “use of antibiotics in foodproducing animals allows antibiotic-resistant bacteria to thrive while susceptible bacteria are suppressed or die.” Warning that “much of antibiotic use in animals is unnecessary and inappropriate and makes everyone less safe,” the report highlights CDC’s work with the Food and Drug Administration and U.S. Department of Agriculture to monitor trends in antibiotic resistance…

U.S. Rep. Rosa DeLauro (D-Conn.), Rep. Frank Pallone (D-N.J.) and Sen. Richard Blumenthal (D-Conn.) have introduced legislation (H.R. 3147) seeking to “modernize” food labeling by updating the Nutrition Facts panel and ingredient list requirements, addressing front-of package (FOP) labeling, and eliminating misleading health claims. Titled the Food Labeling Modernization Act of 2013, the bill would require the Department of Health and Human Services (HHS) “to issue comprehensive guidance for industry clarifying the scientific support needed to prevent false or misleading information for structure/function claims and giving the Secretary the legal authority to compel companies to turn over their substantiation documents.” It would also direct HHS to (i) establish “a single, standard [FOP] labeling system in a timely manner for all food products required to bear nutrition labeling,” (ii) update the definition of the term “healthy” according to the Dietary Guidelines for Americans, (iii) standardize the term “natural,” (iv) require products…

The Equal Employment Opportunity Commission (EEOC) has filed a complaint against Performance Food Group, Inc., alleging that it had a “standard operating procedure of denying employment to female applicants for operative positions in its [warehouse] facilities on the basis of their gender”; EEOC also alleges that the defendant failed to promote a woman at its Maryland facility on the basis of her gender. EEOC v. Performance Food Group, Inc., No. 13-1712 (D. Md., filed June 13, 2013). The defendant apparently distributes food-related products to more than 130,000 independent and national chain restaurants, theaters, schools, hotels, health care facilities, and other institutions across the United States. According to the complaint, the defendant unlawfully discriminated against hiring women at multiple facilities since at least January 1, 2004, for warehouse positions that required the operation of machinery and factory-related processing equipment or were supervisory occupations. A corporate senior vice president allegedly stated on…

The U.S. Department of Agriculture’s Food Safety and Inspection Service and the Food and Drug Administration have announced an August 5, 2013, public meeting in Washington, D.C., to provide information and receive public comments on agenda items and draft U.S. positions for discussion during the 21st Session of the Codex Committee on Residues of Veterinary Drugs of the Codex Alimentarius Commission in Minneapolis, Minnesota, on August 26-30, 2013. Agenda items include a report on World Organization for Animal Health activities; proposed draft maximum residue limits (MRLs) for veterinary drugs; proposed draft guidelines on performance characteristics for multi-residue methods; and a discussion paper on MRLs and other limits in honey. See Federal Register, June 20, 2103.   Issue 488

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