The University of California Davis, has reportedly filed a motion in California state court to dismiss the breach of contract suit that the California Strawberry Commission filed in October after it learned that the university may stop breeding and selling strawberry germplasm to farmers. UC Davis has developed and sold its strawberry germplasm at low royalty rates to the commission for several decades through a research program headed by two professors. According to the commission’s complaint, the professors announced their intention to resign in 2012 and take their research to a private company, raising the cost of royalties and limiting the sales to select strawberry growers, and as a result, the university notified the commission of its intention to shutter the program. In its complaint, the commission argued that its growers have directly funded the university program, so they are entitled to receive the new strawberry varieties that the professors…
Category Archives Issue 522
A federal magistrate in Florida has decided that the opinion proffered by the plaintiffs’ expert in litigation challenging “brain health” marketing claims for algal-derived DHA Omega-3 fortified milk products is unreliable, thus granting the defendant’s motion to exclude it. In re Horizon Organic Milk Plus DHA Omega-3 Mktg. & Sales Practices Litig., MDL No. 12-2324 (S.D. Fla., order entered April 28, 2014). The ruling affects claims brought by consumers in six states alleging that the defendant violated state laws by falsely claiming that the DHA in its products “Supports Brain Health” and “Supports a Healthy Brain,” and that “competent, scientific evidence shows that these claims are false.” While the court found that most of the defendant’s arguments in support of exclusion went to the weight of the testimony rather than its admissibility, it agreed that the expert failed to show how small studies involving 49 women and 658 children in the…
The Chicago City Council has reportedly passed, 36-10, a ban on plastic bags at chain stores (i.e., at least three locations with the same owner) beginning in August 2015 for those larger than 10,000 square feet and August 2016 for smaller establishments. The prohibition follows several months of debate on the measure, with environmental advocates contending that the ban will reduce the number of bags littering the city and store owners arguing that more expensive paper bags will lead to higher prices. See Chicago Tribune, April 30, 2014. Issue 522
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued an updated table of available hazard identification documents or materials for chemicals considered or reconsidered for listing by the state’s qualified experts—that is, the Carcinogen Identification Committee and Developmental and Reproductive Toxicant Identification Committee—from 1996 to April 2014. The table contains links to materials on chemicals such as Bisphenol A, phthalates, MTBE, and sodium saccharin, and indicates when they were listed or de-listed. Issue 522
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has reported that the Office of Administrative Law approved regulatory amendments that “clarify the qualifications for appointment to the Carcinogen Identification Committee and Developmental and Reproductive Toxicant Identification Committee, and remove redundant language regarding required financial disclosures.” These committees review chemicals for potential listing as known to the state to cause cancer or reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986. Additional information about the amendments, which take effect July 1, 2014, appears in Issue 501 of this Update. See OEHHA News Release, April 29, 2014. Issue 522
A California Senate bill (S.B. 1000) that would require warning labels on sodas and other sugar-sweetened beverages (SSBs) was put on hold April 28, 2014, over concerns about enforcement costs of the legislation. In a 6-0 vote, the Senate Appropriations Committee referred the bill to its suspense file, which means it will be reconsidered after the state budget has been prepared. Introduced in February by Sen. Bill Monning (D-Carmel), the bill would require labels warning of obesity and diabetes risks on all beverages with added sweeteners, including soda, tea, juice, and almond/rice/soy milk products, that have 75 or more calories per 12 ounces. Labels would also be required on self-serve soda dispensers and restaurant menus. According to news sources, the California Department of Public Health expects to incur between $150,000 and $300,000 in costs to adopt regulations to implement the bill and to allow local agencies to enforce its provisions. Further,…
The U.S. Department of Agriculture's Food Safety and Inspection Service and the Food and Drug Administration have announced a June 18, 2014 public meeting in Washington, D.C., to provide information and receive comments on agenda items and draft U.S. positions for discussion during the 37th Session of the Codex Alimentarius Commission in Geneva, Switzerland, July 14-18, 2014. Agenda items include (i) proposed amendments to the procedural manual;(ii) amendments to Codex standards and related texts; (iii) proposals for theelaboration of new standards and related texts and for the discontinuation of work; (iv) matters referred to the Commission by Codex committees and task forces; (v) the Commission’s 2014-2019 strategic plan; and (vi) relations between the Commission and other international organizations. See Federal Register, April 30, 2014. Issue 522
The U.S. Department of Agriculture’s (USDA’s) National Organic Program (NOP) has issued final guidance on the use of “Made with Organic” claims on product labeling. According to NOP, the guidance seeks to clarify “the following aspects of products in this labeling category”: (i) “composition”; (ii) “compliant organic labeling claims”; (iii) “organic and nonorganic forms of the same ingredient”; (iv) “percentage of organic ingredients statements”; and (v) “ingredients or food groups in the ‘made with organic’ claim.” Available through “The Program Handbook: Guidance and Instructions for Accredited Certifying Agents and Certified Operations,” the new policies reflect NOP’s current thinking on organic product labeling. In particular, “Made with Organic” products “must contain at least 70 percent organic ingredients, excluding salt and water”; “may contain up to 30 percent nonorganic ingredients,” provided any nonagricultural ingredient is allowed by the National List of Allowed and Prohibited Substances; and “must not contain any ingredient that was produced…
The U.S. Food and Drug Administration (FDA) has announced a final rule prohibiting statements on food product labels, including dietary supplements, that claim products are “high in,” “rich in,” or an “excellent source of” docosahexaenoic acid (DHA) or eicosapentaenoic acid (EPA) as well as similar claims for alpha-linolenic acid (ALA). The rule finalizes a proposed rule the agency published in 2007 without any substantive changes. Under the U.S. Federal Food, Drug, and Cosmetic Act (the Act), nutrient-content claims such as “high in” are allowed only for nutrients for which a reference level for the claim has been set, or, in some situations, if the requirements of the Act have been met, such nutrient levels can be based on authoritative statements published by certain types of scientific bodies, such as the Institute of Medicine of the National Academies (IOM). FDA apparently received notifications in 2004 and 2005 asserting that IOM had…
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