Finding that individual issues predominate over common ones in a putative class action alleging that Chipotle Mexican Grill sold conventionally raised meats despite advertising its use of “naturally raised” meats, a federal court in California has denied the plaintiff’s motion for class certification. Hernandez v. Chipotle Mexican Grill, Inc., No. 12-5543 (C.D. Cal., order entered December 2, 2013). Additional details about the case appear in Issue 451 of this Update. According to the court, when and where a class member ate at Chipotle and which meat she ate can only be handled individually. The court deemed these issues significant because the allegations are based on the company’s in-store menu signboards and paper menus and because the dates on which “naturally raised” meats were unavailable to specific stores varied over the course of five years. The court also noted that when Chipotle experienced “naturally raised” meat shortages, it would instruct individual…
Category Archives Issue 506
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued a request for public comments on draft templates for tabulating epidemiology studies and data from animal studies for use by members of the agency’s Science Advisory Board Development and Reproductive Toxicant Identification Committee. Comments are requested by December 23, 2013. See OEHHA News Release, December 4, 2013. Meanwhile, during the December 5 meeting of OEHHA’s Carcinogen Identification Committee, diisononyl phthalate, a plasticizer used in food-contact materials, and butyl benzyl phthalate, a chemical used in food conveyor belts, were discussed as candidates for addition to the Proposition 65 list of chemicals known to the state to cause cancer. See Proposition 65 News, December 5, 2013.
Environment Canada has published a significant new activity notice that will allow AquaBounty Technologies, Inc. to produce genetically modified (GM) salmon eggs. According to the company, the agency determined that GM salmon “is not harmful to the environment or human health when produced in contained facilities.” AquaBounty CEO Ron Stotish said, “This is a significant milestone in our efforts to make AquAdvantage® Salmon available for commercial production. However, our eggs and fish will not be available for sale until they are approved by the relevant national regulatory bodies.” The company notes that Environment Canada reached its conclusion “following a risk assessment conducted by Fisheries and Oceans Canada involving a panel of independent scientific experts knowledgeable in the fields of transgenics and fish containment technology.” See Canada Gazette, November 23, 2013; AquaBounty Technologies News Release, November 25, 2013.
The U.K. Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (COT) has released a December 2013 position paper on the purported health effects of aspartame, which is currently being reviewed by the European Food Safety Authority as part of its re-evaluation of all food additives. Commissioned by the U.K. Food Standards Agency (FSA), the paper apparently analyzes a double-blind randomized crossover study conducted by University of Hull York Medical School researchers, who asked 50 participants with self-diagnosed adverse reactions to aspartame to consume a snack bar without knowing whether it contained the substance in question. Based on the study’s findings, which compared the responses of these participants to a control group, COT has concluded that “the results presented did not indicate any need for action to protect the health of public.” The committee will release the full minutes of its discussion once the study has been…
The European Parliament’s Environment, Public Health and Food Safety Committee has approved a draft report of legislation that calls for stronger policing of the food industry and tougher penalties for fraud. With an aim to strengthen procedures for detection and prevention of fraudulent practices in the European food chain, the legislation calls for, among other things, (i) a clear, European Union (EU)-wide definition of the term “food fraud”; (ii) enhancements to the Food and Veterinary Office’s role and resources in food-fraud cases; (iii) legal obligations for food business operators to report fraudulent behavior; (iv) a “more policing approach” by enforcement bodies; (v) fines of “at least double the amount of the economic advances sought”; and (vi) the forfeiture of registrations for repeat offenders. The report noted that olive oil, fish, organic foods, milk, and grains are the top five products most at risk of food fraud in the EU. …
In response to a petition filed by the U.S. Pharmacopeial Convention, the U.S. Food and Drug Administration (FDA) has issued a final rule that amends select food-additive regulations referring to “food-grade specifications from prior editions of the Food Chemicals Codes (FCC) to incorporate by reference food-grade specifications from the FCC 7th Edition.” The rule took effect November 29, 2013, but objections and requests for hearing may be filed until December 30. See Federal Register, November 29, 2013.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has reopened the comment period on a proposed rule concerning the description designation for needle- or blade-tenderized beef. First published in the June 10, 2013, Federal Register, the proposed rule would require “the descriptive designation ‘mechanically-tenderized’ on the labels of raw or partially-cooked needle- or blade tenderized beef products, including beef products injected with marinade or solution, unless these products are to be fully cooked at an official establishment.” Because the first comment period expired during the recent partial government shutdown, the agency will now accept feedback until December 24, 2013. Additional details about the proposed rule appear in Issue 486 of this Update. See Federal Register, December 3, 2013.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has released its Salmonella Action Plan outlining steps theagency will take to address its “most pressing problem”—Salmonella in meat and poultry products. Key elements of the plan include modernizing an “outdated” poultry slaughter inspection system and shifting FSIS inspectors to more offline, food-safety duties, which the agency said will prevent at least an estimated 5,000 illnesses annually. The plan also calls for FSIS to (i) establish new performance standards; (ii) develop new strategies for “inspection and throughout the full farm-to-table continuum”; (iii) address all potential sources of Salmonella; and (iv) focus the agency’s “education and outreach tools on Salmonella.” Although lauded by many food-safety advocates, critics claim that it “completely ignores” one of the most crucial issues the meat industry faces— antibiotic-resistant Salmonella. “It is shocking for the agency to have stayed on the sidelines of this public health crisis, particularly in the…
Rep. Steve Israel (D-N.Y.) has reintroduced a bill (H.R. 3612) that would require clearer labeling of trans fat on food packaging. The move follows the U.S. Food and Drug Administration’s recent preliminary determination that partially hydrogenated oils, a major source of artificial trans fat in processed foods, are not deemed generally recognized as safe (GRAS) for use in food. Current regulations, which permit food companies to label products that contain partially hydrogenated oils as having 0 grams of trans fat if the value per serving is 0.4 grams or less, have been criticized by Israel and others, who point out that consumers can unknowingly exceed the recommended consumption of trans fat by eating multiple servings of a product containing 0.4 grams in a day. Israel’s legislation would amend this regulation to require manufacturers to indicate that a product contains less than 0.5 grams trans fat by using an asterisk in the “amount per serving”…
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