By failing to adequately fund and implement the Food Safety Modernization Act (FSMA), the “Obama administration and Congress have all but squandered an opportunity to give the anemic Food and Drug Administration, which is responsible for the safety of 80 percent of the nation’s food supply, a level of oversight the public long assumed it had,” according to a July 14, 2015, Politico investigation. The lengthy article details various delays in implementing the law and serious outbreaks of foodborne illnesses that might have been prevented had FDA been given the financial resources for inspections and other food-safety initiatives. Issue 572
Category Archives Issue 572
In a recent Associated Press (AP) interview, U.S. Associate Attorney General Stuart Delery warns that the Department of Justice (DOJ) will pursue criminal penalties against companies that sell poisoned food. AP cites the recent prosecution of Peanut Corp. of America executives along with actions against the producers of tainted cantaloupe and eggs as evidence of the federal government’s increased focus on criminal enforcement of food safety laws. Plaintiffs’ attorney Bill Marler reportedly told the news organization that the DOJ’s actions were especially notable because the company executives charged in the prosecutions often did not know that their food products were tainted. “We have made a priority holding individuals and companies responsible when they fail to live up to their obligations that they have to protect the safety of the food that all of us eat,” Delery said. “The criminal prosecutions we bring should stand as a stark reminder of the…
“Pass (on) the Salt: The Business Case for Sodium Reduction” is the title of a July 29, 2015, webinar organized by California-based law and policy group ChangeLab Solutions. Program faculty, including two ChangeLab staff attorneys, will reportedly discuss various institutional (e.g., state governments, hospitals) initiatives to limit the number of salty foods provided or available for purchase in the workplace and how such campaigns “can result in a positive return on investment.” Issue 572
Shareholder advocacy group As You Sow has reportedly withdrawn a shareholder resolution after General Mills Inc. agreed to “consolidate and disseminate guidance to growers of key commodities such as corn and soy on how to protect and minimize the impact of neonicotinoids and other pesticides to pollinators.” According to a July 8, 2015, press release, the company will support the White House’s Pollinator Health Task Force strategy by working with a non-profit conservation group and suppliers to craft policies meant to reverse the decline in honeybee populations. “Many of the crops that General Mills buys depend on pollinators,” said As You Sow’s Environmental Health Program Manager Austin Wilson. “By investing in supply-chain sustainability, General Mills is ensuring the future of its supply chain and its profitability.” Issue 572
A consumer has filed a putative class action against Foster Poultry Farms, Inc. alleging that the company’s label misleads by displaying an American Humane Association (AHA) certification logo because that certification does not indicate a higher, more humane standard for raising chickens. Leining v. Foster Poultry Farms, Inc., No. BC588044 (Cal. Super. Ct., filed July 13, 2015). The complaint asserts that Foster Farms markets itself as a humane producer of chicken products and charges higher prices accordingly. The plaintiff believed that this marketing message communicated that the chickens at Foster Farms “lived a life without disease and discomfort and were afforded a quick and painless death.” She argues, however, “the AHA certification standards permit practices throughout all phases of the production process that, if known, would not be considered humane either by the reasonable consumer or even under the AHA’s own definition of humane meat production.” The complaint details each of…
A consumer has filed a putative class action against Kraft Foods Group, Inc. alleging that the company’s Knudsen Hampshire Sour Cream is labeled as containing 60 calories with 3.5 grams of saturated fat per halfcup while the actual content is 240 calories with 14 grams of saturated fat. Appel v. Kraft Foods Grp., Inc., No. BC587662 (Cal. Super. Ct., Los Angeles Cty., filed July 9, 2015). The plaintiff further alleges that the listed sodium content of 10 milligrams and sugar content of one gram is incorrect because the sour cream actually contains 40 milligrams of sodium and four grams of sugar. The complaint does not provide the source of the plaintiff’s quadrupled figures. He alleges that Kraft has violated California consumer-protection statutes and seeks class certification, compensatory and punitive damages, restitution, an injunction, and attorney’s fees. Issue 572
An Iowa federal jury has found William Aossey , the former owner of Midamar Corp., guilty of making false export statements along with conspiracy and wire fraud stemming from the company’s misrepresenta- tion of the source of food exported to Malaysia and Indonesia. U.S. v. Aossey, No. 14-0116 (N.D. Iowa, jury verdict entered July 13, 2015). Aossey was indicted over claims that Midamar bought products from a slaughterhouse not certified to export meat to Indonesia and Malaysia, then removed the facility’s federal establishment number with nail-polish remover and replaced it with the number of a certified facility. Additional charges alleging that the company’s products do not meet halal standards are pending against Aossey’s sons. Issue 572
A California federal court has denied Gerber Products Co.’s attempt to dismiss a false advertising lawsuit about the company’s Good Start® Gentle based on the reasoning in a June 2015 Fourth Circuit decision that significantly changed the law. Zakaria v. Gerber Prods. Co., No. 15-0200 (C.D. Cal., order entered July 14, 2015). The June decision found that, “so long as there is a ‘reasonable difference of scientific opinion’ as to the merits of a manufacturer’s health claim, the alleged actual falsehood of that health claim cannot be the basis for a cause of action under several consumer protection laws.” In re GNC Corp., No. 14-1724 (4th Cir., order entered June 19, 2015). After the court denied its motion to dismiss on June 18, Gerber filed for reconsideration, arguing that In re GNC “has changed the law of false advertising.” The court, noting that the Fourth Circuit decision was not binding…
The U.K. Scientific Advisory Committee on Nutrition (SACN) has released its final Carbohydrate and Health report recommending that “free sugars account for no more than 5% of daily energy intake.” Asked by the U.K. Department of Health and the Food Standards Agency to “examine the latest evidence on the links between consumption of carbohydrates, sugars, starch and fiber and a range of health outcomes,” the expert panel commissioned systematic reviews of evidence from prospective cohort studies and randomized controlled trials, in addition to considering comments submitted in response to its first draft report. Based on these findings, the report concludes, among other things, that (i) “high levels of sugar consumption are associated with a greater risk of tooth decay”; (ii) “drinking high-sugar beverages results in weight gain and increases in BMI in teenagers and children”; and (iii) “consuming too many high-sugar beverages increases the risk of developing type 2 diabetes.”…
The U.S. Food and Drug Administration (FDA) has announced a public meeting of its Science Board for July 29, 2015, at the agency’s campus in Silver Spring, Maryland. Among other things, the 21-member group will hear updates by Center for Veterinary Medicine representatives about two scientific initiatives and provide feedback about implementation of certain directives in the National Strategy for Combating Antibiotic-Resistant Bacteria. The board will also discuss the 21st Century Cures Act and be provided a status update about the Office of Medical Products and Tobacco. See Federal Register, July 13, 2015. Issue 572
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