California Governor Jerry Brown (D) recently signed a bill (A.B. 504) extending the prohibition of spawning, incubating or cultivating of genetically engineered (GE) salmon in the Pacific Ocean to all state waters. Hatchery production and stocking of transgenic fish is also prohibited. The legislation was sponsored by Assemblymember Wesley Chesbro (D-Arcata), who asserts that the specter of “frankenfish” escaping into California waters “could destroy our native salmonid populations through interbreeding, competition for food and the introduction of parasites and disease.” The new law also restricts medical or scientific research to that performed by “accredited California academic institutions or private entities for research only and not for commercial production,” provided such activities are conducted in closed systems that reduce the “risk of escape of transgenic finfish species and any potential disease they may transmit.” See Press Release of Assemblymember Wesley Chesbro, September 29, 2014. Issue 541
Category Archives Issue 541
Vermont Attorney General (AG) William Sorrell is inviting public comments on a draft rule intended to enforce the state’s new law requiring the labeling of genetically modified organisms (GMOs) in food products. The proposed rule defines relevant terms such as “food,” “genetic engineering” and “in vitro nucleic acid techniques,” providing standards for retailers and food manufacturers about how to label and display the foods. In addition, the draft rule lists exemptions from the GMO-labeling requirement, including alcoholic beverages, food prepared for immediate consumption, medical food, and processed foods containing less than 1 percent genetically engineered materials. The AG’s office is accepting comments by email and at hearings set for October 21, 22 and 24, 2014, in Burlington, Montpelier and Brattleboro, Vermont. Additional information about the law appears in Issue 521 of this Update, and a recent development on the lawsuit challenging the law appears in Issue 540 of this Update. See Office…
The U.S. Department of Agriculture (USDA) has scheduled a November 4-5, 2014, public meeting of the Grain Inspection, Packers and Stockyards Administration (GIPSA) Advisory Committee at the National Grain Center in Kansas City, Missouri. Issues for discussion at the meeting will reportedly include the reauthorization status and standardization of user fees paid by official agencies; commodity inspection fees; and updates on quality assurance, compliance, science, and technology programs. See Federal Register, October 14, 2014. Issue 541
Senior executives from the National Association of Manufacturers (NAM) and U.S. Chamber of Commerce have co-authored an October 14, 2014, letter to members of Congress urging the lawmakers to “authorize and direct the Secretary of Agriculture to rescind elements of [country-of-origin labeling (COOL)] that have been determined to be noncompliant with international trade obligations by a final [World Trade Organization (WTO)] adjudication.” Citing Americans’ jobs as a primary concern, the executives argue that the regulations requiring muscle cuts of meat to include COOL would harm the United States’ relationship with its neighbors. “We are especially concerned that, should the WTO litigation conclude with a ruling of noncompliance by the United States, Congress would be unable to amend the statute prior to Canada and Mexico, our two largest export markets, instituting WTO-authorized retaliation against U.S. exports,” the letter said. “The history is clear. Buyer supply chain needs result in export markets being…
The Natural Resources Defense Council (NRDC) has joined the Center for Science in the Public Interest and other consumer groups in petitioning the U.S. Food and Drug Administration (FDA) to remove several chemicals from food contact materials. The first food additive petition asks FDA to promulgate a new rule “prohibiting the use of perchlorate as a conductivity enhancer in the manufacture of antistatic agents to be used in food contact articles,” and to amend existing regulations to ban the use of potassium perchlorate in food container sealing gaskets. Citing “the well-recognized toxicity of perchlorate,” the petition alleges that dietary exposure can impair fetal and infant development, especially when pregnant or nursing women do not consume enough iodine. A second petition urges the agency to revoke approval for “the use of long-chain perfluorocarboxylate [PFC] oil and grease repellents in paper and paperboard.” Noting that FDA has already asked some domestic manufacturers to…
Investigators with Beth Israel Deaconess Medical Center (BIDMC) have for the first time identified a hormone that, when stimulated by fructose ingestion, could serve as the basis for a reliable fructose-tolerance test. Jody Dushay, et al., “Fructose ingestion acutely stimulates circulating FGF21 levels in humans,” Molecular Metabolism, October 2014. Known as Fibroblast Growth Factor 21 (FGF21), the hormone in question has been associated with obesity, insulin resistance and non-alcoholic fatty liver disease in both humans and animals. In this study, researchers reported that FGF21 levels increased by an average of 400 percent in healthy volunteers who consumed 75 grams of fructose. By comparison, the consumption of glucose had little immediate effect on FGF21 blood levels. “This tells us that fructose actively regulates FGF21 in humans,” explained one study author. “The hormone-like response of FGF21 to fructose ingestion suggests that FGF21 might play an unanticipated role in regulating fructose metabolism. We…
World Health Organization (WHO) researchers recently published an analysis of energy drink consumption in Europe that takes into account relevant scientific literature published through June 2014. Joao Breda, et al., “Energy drink consumption in Europe: a review of the risks, adverse health effects, and policy options to respond,” Frontiers in Public Health, October 2014. Noting that most adverse events associated with energy drink consumption are caffeine-related, the study reports that some energy drinks contain “extreme caffeine levels much higher than mainstream brands as they try to establish themselves in the market.” “Consumption of energy drinks among adolescents is associated with other potentially negative health and behavioral outcomes such as sensation seeking, use of tobacco and other harmful substances, and binge drinking and is associated with a greater risk for depression and injuries that require medical treatment,” suggest the study’s authors. “There is an increasing amount of research linking energy drink…
The Center for Science in the Public Interest (CSPI) has released a report claiming that candy, energy bars, chips, and cookies constitute 90 percent of foods marketed in store checkout lanes, while sugar-sweetened beverages constitute 60 percent of the beverage options. According to the study, which examined 30 retailers in the Washington, D.C., area, 86 percent of non-grocery retailers displayed foods and/or beverages in checkout aisles, but only one food store abstained from marketing foods or beverages at the point of sale. In addition, the one retailer with a designated “family-friendly” aisle still marketed allegedly unhealthy foods and beverages in amounts and percentages similar to those found in regular checkout lanes. Arguing that such practices promote obesity, the consumer watchdog is urging retailers to set “nutrition standards for their checkout offerings” by limiting the amount of calories, saturated and trans fats, added sugars, and sodium in food and beverage options. “In…
Adopting a magistrate judge’s recommendation, a Texas federal court has ruled that Texas can intervene in a lawsuit brought by brewer Alamo Beer Co. alleging that Old 300 Brewing infringed Alamo Beer’s trademark for using the silhouette of the Alamo building on its labels. Alamo Beer Co. LLC v. Old 300 Brewing LLC, No. 14-285 (W.D. Tex., order entered October 14, 2014). The state of Texas filed a motion to intervene in April 2014, asserting that its interests in the Alamo trademark were not adequately represented by either party. A magistrate judge issued a report on the matter in May recommending that Texas be allowed to join the lawsuit, and Alamo Beer argued to the court that the magistrate judge had failed to properly analyze two factors of mandatory intervention and that the state lacked the right to intervene under trademark law. Reviewing Alamo Beer’s concerns, the court rejected its arguments and…
A California federal court has granted in part and denied in part a motion for summary judgment in a lawsuit alleging that Mott’s violated the U.S. Food and Drug Administration’s (FDA’s) and California’s Sherman Law standards on the use of “no sugar added” on food packaging. Rahman v. Mott’s LLP, No. 13-3482 (N.D. Cal., order entered October 14, 2014). The plaintiff alleged that Mott’s 100% Apple Juice included a “no sugar added” label but failed to follow the additional FDA regulations requiring “a statement that the food is not ‘low calorie’ or ‘calorie reduced’ (unless the food meets the requirement for a ‘low’ or ‘reduced calorie’ food) and that directs consumers’ attention to the nutrition panel for further information on sugar and calorie content.” Mott’s moved for summary judgment on four grounds: the plaintiff (i) did not suffer damages as a result of purchasing the apple juice, (ii) lacked standing…
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