California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has changed the basis for listing 1,2-dibromo-3 chloropropane (DBCP), an agricultural fumigant that persists in groundwater despite being banned from use by the U.S. Environmental Protection Agency in 1979. “Based on changes to certain federal regulations that affect the bases for the original listings, OEHHA has accordingly changed the bases for listing these chemicals,” according to the agency. DBCP was originally added to the Prop. 65 list of chemicals known to the state to cause reproductive toxicity in 1987 under the Labor Code, and its listing date will remain the same. Another chemical subject to the notice is ethylene oxide, which is used to make the raw material (PET) in plastic bottles. See OEHHA Press Release, November 21, 2013. Issue 505
Category Archives Issue 505
The U.K. Advertising Standards Agency (ASA) has upheld a complaint claiming that a TV advertisement with a “prices may vary” disclaimer was misleading because the complainant was unable to purchase the product for the stated price. Created by Kentucky Fried Chicken (Great Britain) Ltd. (KFC), the commercial in question indicated that families could “save a fiver” by purchasing “the new KFC Family Burger Box,” instead of buying the components a la carte. On-screen text apparently clarified, “Item[] shown £20.51 if bought individually. Prices may vary.” According to ASA, Kentucky Fried Chicken explained that the phrase “prices may vary” “referred to both the a la carte menu pricing of individual items, the price of the Family Burger Box and the exact saving made between those two prices.” To convey this information, the company chose the text “prices may vary” rather than “price may vary” “to be clear that this referred to…
Due to the recent government shutdown, the U.S. Food and Drug Administration (FDA) has extended the public comment period for several proposed rules related to the implementation of the Food Safety Modernization Act (FSMA). FDA has extended the deadline for comments on (i) “Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Rule: Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption” until March 15, 2014; and (ii) “Foreign Supplier Verification Programs for Importers of Food for Humans and Animals” and “Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to Issue Certifications,” until January 27.
According to data recently issued by Stericycle Expert Solutions, the number of food recalls documented by the U.S. Food and Drug Administration (FDA) during the third quarter (Q3) of 2013 declined 14 percent compared to the previous quarter. Of the foods recalled, 44 percent, an increase of 8 percent from the previous quarter, were classified as Class I recalls, which means they can potentially cause illness or death. The volume of Q3 recalls—seven million units—however, doubled the number of units recalled in Q2, with a 17-percent increase in the number of companies involved. According to FDA, one recall affected 2.5 million units, three recalls affected between 500,000 and one million units, and eight recalls affected between 100,000 and 500,000 units. As in previous years, allergens were the single largest cause of food recalls, representing more than 40 percent of recalls reported during Q3. One company was involved in 24, or more…
The U.S. Food and Drug Administration (FDA) has issued the “Second BiennialReport to Congress on the Food Emergency Response Network (FERN)” as required under Section 202(b) of the Food Safety Modernization Act. Administered by FDA and the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS), “FERN is an integrated, secure laboratory system for federal, state, and local government agencies engaged in food safety and food defense activities” responsible for detecting, identifying and responding to situations involving “biological, chemical, or radiological contamination of food.” Among other successes, FDA reports that FERN “has been vital in responding to major outbreaks of foodborne disease attributed to many products, including spinach, pet food, and peanut butter.” The network has also provided surge capacity for federal and state responses to both natural and industrial emergencies, in addition to handling large-scale, non-emergency projects, such as arsenic testing in fruit juices and rice products, and…
U.S. Sens. Richard Blumenthal (D-Conn.), Dick Durbin (D-Ill.), John Rockefeller (D-W.V.), and Edward Markey (D-Mass.) have written a letter to Rockstar, Inc. CEO Russell Weiner, questioning the energy drink company’s relationship with Ronin Syndicate, the manufacturer of remote-controlled toys crossed-branded with the Rockstar logo. Responding to consumer complaints on social media sites, the senators pointed to a July 31, 2013, hearing held by the Commerce, Science, and Transportation Committee investigating the alleged health risks of caffeinated energy drinks. In particular, they noted that Rockstar Chief Operating and Financial Officer Janet Weiner told committee members that “Rockstar’s target demographic is persons 18 to 35 years of age and their company does not market products to children under 12 years of age.” “Despite statements from your company that Rockstar, Inc. does not market to children, examples of what appear to be targeted marketing of your products to children have come to our attention,”…
U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Joe Barton (R-Texas) have reportedly introduced joint legislation (S. 1700 and H.R. 3481) that would expand the Children’s Online Privacy Protection Act of 1998 (COPPA) to cover children older than age 12 and establish new rules for collecting, storing and disclosing their personal information. Titled the Do Not Track Kids Act of 2013, the initiative includes provisions that “would extend protection to teens ages 13 to 15 by prohibiting Internet companies from collecting personal and location information from teens without their consent and would create an ‘eraser button’ so parents and children could eliminate publicly available personal information content, when technologically feasible.” According to Markey, who in September 2013 asked the Federal Trade Commission to investigate Facebook’s decision to change its privacy settings for teens, the legislation seeks to draw congressional attention to “the speed with which Facebook is pushing teens to…
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