The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety, Food and Drug Administration, and Department of Health and Human Services have announced a February 23, 2015, public meeting in College Park, Maryland, to discuss draft positions for consideration at the 9th Session of the Codex Committee on Contaminants in Food in New Delhi, India on March 16-20. The lengthy agenda for the February meeting includes (i) maximum levels for lead in ready-to-drink fruit juices and nectars as well as in canned fruits and vegetables; (ii) proposed draft maximum levels for inorganic arsenic in husked rice; (iii) a proposed draft Code of Practice for the Prevention and Reduction of Arsenic Contamination in Rice; (iv) proposed draft maximum levels for cadmium in chocolate and cocoa-derived products; (v) a discussion paper about the feasibility of developing a Code of Practice for mycotoxins in spices; and (vi) a priority list…
Category Archives Issue 553
A study allegedly linking daily sugar-sweetened beverage (SSB) consumption to earlier menarche has raised concerns about the long-term implications for breast cancer risk. J.L. Carwile, et al., “Sugar-sweetened beverage consumption and age at menarche in a prospective study of US girls,” Human Reproduction, January 2015. Relying on dietary questionnaires completed by 5,583 girls ages 9 to 14 before their first menses, researchers with the Harvard School of Public Health and Brigham and Women’s Hospital reported “more frequent SSB consumption predicted a higher rate of reaching menarche” during five years of follow-up. After controlling for birth weight, maternal age at menarche, physical activity, and other factors, the study claims that girls who consumed more than 1.5 servings of sugar-sweetened soda, non-carbonated fruit drinks or iced tea per day (i) were 26 percent “more likely to reach menarche in the next month relative to girls who reported consuming [less than] 2 servings of…
A February 2, 2015, New Yorker article following the career of plaintiffs’ attorney Bill Marler examines how litigation has shaped the food-safety landscape in the absence of robust regulatory oversight. Viewing the U.S. inspection and recall system through the lens of a 2013 Salmonella Heidelberg outbreak that reportedly sickened an estimated 18,000 people, Wil Hylton interviews Marler as well as current and former federal officials about the complicated evolution and sometimes contradictory mandates of the U.S. Food and Drug Administration (FDA), U.S. Department of Agriculture (USDA) and other agencies responsible for food safety. In particular, the article notes that many regulators credited Marler with changing the role of lawsuits in food policy. “Where people typically thought of food safety as this three-legged stool—the consumer groups, the government and the industry—Bill sort of came in as a fourth leg and actually was able to effect changes in a way that none of…
Led by the European Network of Scientists for Social and Environmental Responsibility (ENSSER), a group of independent researchers has released a joint statement in Environmental Sciences Europe that challenges “recent claims of a consensus over the safety of genetically modified organisms (GMOs).” According to the January 20, 2015, statement, “the scarcity and contradictory nature of the scientific evidence published to date prevents conclusive claims of safety, or lack of safety, of GMOs.” In particular, the signatories not only argue that scientific agreement on the safety of GMOs is “an artificial construct that has been falsely perpetuated through diverse fora,” but suggest that the current regulatory approach to vetting GMOs case-by-case belies any purported consensus. As evidence, they cite “the different research methods employed, an inadequacy of available procedures, and differences in the analysis and interpretation of data,” as well as unaddressed concerns raised by independent animal-feeding studies and other research.…
The Federal Institute for Risk Assessment (BfR) and the Fraunhofer Nanotechnology and Food Chain Management alliances have organized a two-day public event on March 5-6, 2015, in Berlin to discuss a range of risk-related issues related to the use of nanomaterials. Symposium topics will include (i) European Food Safety Agency guidance on nanomaterials, (ii) the NanoDefine project, (iii) migration potential of nanomaterials in food contact plastics, (iv) inhalation toxicology, and (v) public acceptance of nanotechnology. Charged with “providing information on possible, identified and assessed risks which foods, substances and products may entail for consumers,” BfR reports to the Federal Ministry of Food and Agriculture. Issue 553
Let’s Buy British Imports (LBB Imports) has reportedly agreed to stop importing Cadbury chocolate made overseas pursuant to the settlement of a lawsuit in which Hershey Co. alleged that the importer violated the candy company’s trademarks and trade dress of Cadbury, Kit Kat® and other products by selling versions produced internationally. Hershey Co. v. LBB Imports LLC, No. 14-1655 (M.D. Penn., settlement date unknown). The settlement agreement apparently restricts the importation of all Cadbury chocolate as well as Kit Kat® bars, Toffee Crisps, York Peppermint Patties, and Maltesers®. Many consumers have responded negatively to the settlement terms; a campaign to boycott Hershey began on Twitter, and a MoveOn.org petition to protest Hershey’s trademark protection actions has garnered more than 25,000 signatures. The protesters reportedly argue that British Cadbury chocolate tastes better because of its ingredients—the British version of Cadbury’s Dairy Milk bar contains milk as its first ingredient while the American…
Noodles Raw Catering, owner of Chubby Noodle restaurants, has filed a lawsuit alleging that Saison Group’s Fat Noodle restaurant infringes on Noodles Raw’s trademark. Noodles Raw Catering LLC v. Saison Group LLC, No. 15-316 (N.D. Cal., filed January 22, 2015). The complaint asserts that although Chubby Noodle, which sells “high-quality, well-priced Asian-inspired” food, does not yet own a federally registered trademark in its name (because its application is pending), it has received national and international attention since its opening in 2011. Saison has been developing a Fat Noodle restaurant since 2012—as indicated by intent-to-use applications with the U.S. Patent and Trademark Office—but has not yet opened the restaurant, and its website appears to be a placeholder. Noodles Raw alleges that the logo appearing on the website is too similar to its Chubby Noodle logo because both feature “a simple, black, Asian-style bowl with noodles.” Claiming common law trademark infringement, false…
Several organizations, including the Center for Biological Diversity, Environmental Working Group and Center for Food Safety as well as the city of Berkeley, California, have filed a lawsuit against the California Department of Food and Agriculture to contest the agency’s approval of a pest management plan that allows pesticide spraying on organic farms, schools and residential yards. Envtl. Working Grp. v. Cal. Dep’t of Food and Agric., No. RG15755648 (Super. Ct. Cal., Alameda Cty., filed January 22, 2015). The groups challenge the alleged lack of evidence supporting the conclusion that the program will have no effect on Californians’ health and argue that the plan violates state environmental laws, including the requirement of public notice before spraying pesticides and the requirement to analyze the impacts on human and environmental health. A January 22, 2015, Center for Biological Diversity press release asserts that the agency received 30,000 opposition letters to the program.…
A group of consumers has filed a putative class action against Cytosport Inc., maker of Muscle Milk, alleging that its powdered and ready-to-drink protein supplements do not contain the ingredients and characteristics advertised on its packaging. Clay v. Cytosport Inc., 15-165 (S.D. Cal., filed January 23, 2015). The plaintiffs argue that independent scientific testing shows that Muscle Milk products contain substantially less protein than the amount represented in the Nutrition Facts panel. They also allege that Muscle Milk labels list L-glutamine amino acids separately from the protein content to falsely imply that the products have additional L-glutamine beyond the content inherent in the protein mix. The complaint further argues that Muscle Milk labels cannot feature the word “lean” because the product does not contain less fat than its competitors. Alleging deceptive advertising, misrepresentation and breach of warranties, the putative class seeks certification, damages, an injunction, and attorney’s fees. Issue…
A California federal court has dismissed without leave to amend claims that the makers of 5-Hour Energy—Innovation Ventures LLC, Living Essentials LLC, Manoj Bhargava, and Bio Clinical Development Inc.—falsely advertised their product as boosting its users’ energy levels with B-vitamins and amino acids rather than caffeine. In re: 5-Hour Energy Mktg. & Sales Practices Litig., No. 13-2438 (C.D. Cal., order entered January 22, 2015). The plaintiffs argued that the 5-Hour Energy makers downplayed the caffeine content in favor of attributing the product’s energy source to vitamins and other ingredients, and they included descriptions of five commercials containing the allegedly misleading statements. The court found that they failed to show what statements actually misled them, and it was also unpersuaded by the argument that the plaintiffs were exposed to a common message and thus did not need to specify which statements they relied upon to their detriment, so it dismissed without…
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