Category Archives Issue 561

Food & Water Watch (FWW) has released an April 2015 report alleging that the scientific research used by federal agencies to evaluate animal drug safety “is very heavily influenced by corporate drug companies.” In particular, the report alleges that there were “virtually no independent, peer-reviewed” safety studies on one drug used as a growth promoter that was eventually withdrawn from the marketplace. “Most of the available research examined commercial dimensions of Zilmax, such as the drug’s impact on beef qualify, and more than three-quarters of the studies were authored and/or funded by industry groups, almost all of which were published in scientific journals sponsored and edited by industry groups,” opines FWW in an April 8 press release. “Many academic journals have failed to establish or enforce rules requiring scientists to publicly disclose financial conflicts of interest, which has allowed deeply conflicted research to distort the scientific discourse.” Citing these issues,…

An Environmental Working Group (EWG) investigation has reportedly concluded that 49 processed snack foods contain propylparaben, a preservative commonly found in cosmetic products. In light of its findings and various studies allegedly linking exposure to the chemical to decreased fertility and other hormone-related issues, EWG is urging the U.S. Food and Drug Administration to reconsider the preservative’s current “Generally Recognized as Safe” status as a food additive. “It is of great concern to us that the use of an endocrine-disrupting chemical in our food is considered safe by our own government,” Johanna Congleton, an EWG senior scientist was quoted as saying. “European Union regulators do not permit propyl paraben in food. So why do we?” EWG is soliciting concerned consumers to sign an online petition to food companies that states: “Your company uses the endocrine-disrupting chemical propylparaben in your products! Parabens are being taken out of some cosmetics and food products,…

A Dutchman has reportedly been sentenced to jail after authorities determined that his companies sold at least 336 metric tons of horsemeat labeled as beef in 2013. Willy Selten will serve 2.5 years for forging invoices, labels and declarations and using forged documents to sell meat. The court judgment apparently determined that Selten “contributed to a negative image for the Dutch meat industry and damaged the sector’s interests” because he sold the horsemeat-beef mixture to foreign firms. During his trial, Selten admitted that he was negligent with his administration, but he argued that he is “not the big horsemeat swindler they’re all looking for.” Since 2013, Selten declared bankruptcy and faces damages claims of €11 million. Details about the sentencing of two U.K. men related to falsifying documents and failing to keep adequate records appear in Issue 560 of this Update.   Issue 561

Two consumers have filed a putative class action against Anheuser-Busch in California state court alleging that the company misuses the “Product of U.S.A.” claim on Busch® beer cans because the product is brewed with imported hops. Nixon v. Anheuser-Busch Cos., LLC, No. 15-544985 (Cal. Super. Ct., San Francisco Cty., filed March 27, 2015). The complaint asserts that Anheuser-Busch charged premium prices for beer made in the United States despite using imported hops, or “a significant portion” of the beer. The plaintiffs allege unfair competition and a violation of California’s “Made in USA” law. They seek to represent a statewide class of purchasers and to receive damages and an injunction.   Issue 561

Attorneys in the U.S. Department of Justice and U.S. Department of Health and Human Services have filed a lawsuit against Wholesome Soy Products to permanently enjoin the company, its owner and manager from causing food to become adulterated under the Federal Food, Drug, and Cosmetic Act (FDCA) after government agencies allegedly linked the company’s facilities to a 2014 outbreak of Listeria in Michigan and Illinois. United States v. Wholesome Soy Prods., Inc., No. 15-2974 (N.D. Ill., filed April 3, 2015). Wholesome Soy manufactured and sold mung bean and soybean sprouts until November 2014, when the Centers for Disease Control and Prevention (CDC), U.S. Food and Drug Administration (FDA) and state agencies allegedly traced incidents of Listeria infections observed in five people to the Wholesome Soy facility. An FDA laboratory allegedly found Listeria in 28 samples—including two from mung bean sprouts—taken during a September 2014 inspection of Wholesome Soy’s plant and…

Several policy groups, including Food & Water Watch and the Center for Food Safety, have filed a lawsuit challenging a U.S. Department of Agriculture (USDA) procedural change in how ingredients are removed from the National List, a list of synthetics exempted from the Organic Foods Production Act (OFPA). Ctr. for Food Safety v. Vilsack, No. 15-1590 (N.D. Cal., filed April 7, 2015). The National List catalogs synthetic and prohibited natural substances that may be used in organic farming despite not being inherently organic because the substances (i) have been determined by USDA not to harm human health or the environment, (ii) cannot be replaced with an organic alternative and (iii) are consistent with organic farming and handling. The groups challenge a 2013 revision to the process for removing an exempted substance from the National List. OFPA created a sunset provision that removed substances from the list—thereby prohibiting their use in…

A coalition of consumer groups led by the Center for Digital Democracy, Campaign for a Commercial-Free Childhood (CCFC) and Center for Science in the Public Interest have filed a complaint with the Federal Trade Commission (FTC), alleging that Google’s YouTube Kids application mixes “advertising and programming in ways that deceive young children, who, unlike adults, lack the cognitive ability to distinguish between the two.” According to the April 7, 2015, press release, the groups also claim that the app promotes several “branded channels” for fast-food and toy companies, as well as “user-generated segments” “that feature toys, candy and other products without disclosing the business relationships that many of the producers of these videos have with the manufacturers of the products, a likely violation of the FTC’s Endorsement Guidelines.” Filed on behalf of these consumer groups by Georgetown Law’s Institute for Public Representation, the complaint asks FTC to investigate whether the…

The U.S. Food and Drug Administration (FDA) will host a public workshop titled “FDA Science Forum 2015” on May 27-28 in Silver Spring, Maryland. The focus of the event will be highlighting science conducted at FDA, the role that research plays in informing regulatory decision making and providing a forum for collaborations with external organizations. The agency’s eight Regulatory Science priority areas include (i) ensuring FDA’s readiness to evaluate innovative emerging technologies, (ii) implementing a prevention-focused food safety system and (iii) strengthening social and behavioral science to help consumers and professionals make informed decisions about regulated products. Registration information is available on FDA’s website. See Federal Register, April 9, 2015.   Issue 561

The U.S. Department of Health and Human Services has scheduled a public meeting of the National Science Advisory Board for Biosecurity (NSABB) for May 5, 2015, in Bethesda, Maryland. Topics of discussion at the meeting will reportedly include (i) NSABB’s proposed framework for guiding risk and benefit assessments of gain-of-function (GOF) studies involving pathogens and toxins deemed to have pandemic potential; (ii) the process of conducting the risk and benefit assessments; and (iii) the board’s future deliberations on the GOF issue. Information about registration, webcast access and submitting comments is available on the National Institutes of Health website. See Federal Register, April 8, 2015.   Issue 561

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