A new report from Cornucopia Institute, a “non-profit food/farm policy research group,” contends the “pet food industry is no different than leading marketers of processed human food when it comes to cheap substitutes and false health claims.” Titled “Decoding Pet Food: Adulteration, Toxic Ingredients, and the Best Choices for Your Companion Animals,” the report is accompanied by a product buying guide. See Cornucopia Institute News Release, November 18, 2015. Issue 585
Category Archives Issue 585
London-based Trans Atlantic Consumer Dialogue (TACD), a collaborative group of U.S. and E.U. consumer organizations that develops and submits joint consumer policy recommendations to the U.S. government and European Union, is hosting a January 26, 2016, meeting in Brussels, Belgium, focusing on use of the precautionary principle in the Transatlantic Trade and Investment Partnership. Discussions at the event will include an overview of the precautionary principle in trade agreements and how it is used in the United States and European Union; and precautionary approaches to food safety (e.g., BSE, GMO, hormones, GRAS), pesticide/biocide regulation, digital and privacy rights, and intellectual property. Speakers will include U.S. Federal Trade Commissioner Julie Brill and E.U. Trade Commissioner Cecilia Malmström. Issue 585
Two consumers have filed a putative class action alleging that two lines of kombucha manufactured by Millennium Products and sold by Whole Foods Market contain several defects, including levels of alcohol higher than the label represents and packaging inadequate to properly accommodate the product’s secondary fermentation. Pedro v. Millennium Prods., Inc., No. 15-5253 (N.D. Cal., filed November 17, 2015). Millennium’s kombucha, a fermented tea product, is sold in two lines—a “Classic” line requiring the purchaser to be 21 years old and an “Enlightened” line containing “a trace amount of alcohol” but insufficient amounts to require identification upon purchase (less than 0.05 percent alcohol by volume). The plaintiffs allege that both lines contain more alcohol than the label indicates, which allegedly caused one plaintiff to become sick and experience “among other things, trouble breathing, and increased heart rate.” The plaintiffs further allege the byproduct of kombucha’s fermentation, carbon dioxide, builds up…
A California federal court has granted a motion to dismiss claims that La Tapatia Tortilleria mislabels its food as containing no trans fats despite containing partially hydrogenated oil (PHO) based on the finding that the plaintiff cannot claim he relied on the product packaging because he is the plaintiff in several similar lawsuits, showing he had sufficient knowledge to determine whether the product contained trans fats before purchasing. Guttmann v. La Tapatia Tortilleria, Inc., No. 15-2042 (N.D. Cal., order entered November 18, 2015). The plaintiff alleged he relied on the “0g Trans Fat” representation on La Tapatia’s tortilla packaging when purchasing, then later learned the product contained trans fat. He, however, “was amply aware, given his litigation history: (1) that products labeled as “0g Trans Fat” may in fact contain small amounts of trans-fat; (2) that FDA regulations do not require trans-fat content to be declared in the nutrition-facts panel…
An Ohio federal court has dismissed fraud and consumer-protection claims against Fifth Dimension, maker of Tito’s Handmade Vodka®, in a putative class action alleging the beverage company misrepresents the process of making its vodka by calling the product “handmade.” Terlesky v. Fifth Dimension, No. 15-0374 (S.D. Ohio, order entered November 17, 2015). The court analyzed each claim, first finding that the plaintiff did not have standing to sue under the Ohio Deceptive Trade Practices Act. Turning to the Ohio Consumer Sales Protection Act, the court determined that plaintiffs bringing class claims must show the alleged violation was declared to be deceptive by the attorney general or a court before the transaction. Finding no such facts in the case, the court dismissed the class claim but allowed the individual claim to proceed. The court also allowed the plaintiff’s promissory estoppel claim to continue. Turning then to the negligent misrepresentation claim, the…
The National Advertising Division (NAD), an investigative unit of the U.S. advertising industry’s system of self-regulation, has referred to the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) an ad campaign for Danisa “Traditional Butter Cookies,” which are manufactured by the Mayora Group in Indonesia and distributed by Takari International, Inc. NAD evaluated the campaign in April 2015 after Campbell Soup Co. challenged several aspects of the product’s marketing, including the claim that the cookies are “produced and packed in Denmark” and “baked following the original recipe from Denmark,” as well as the use of Scandinavian imagery. Further, Campbell argued that FDA requires any product labeled as “Butter Cookies” to use only butter as a shortening ingredient, but multiple independent studies have shown the presence of a non-butter fat ingredient in the Danisa product. Takari International argued it could not be liable for packaging claims or discrepancies…
After a review by the National Advertising Division (NAD), the advertising industry’s self-regulation investigative arm, Gobble, Inc. has agreed to discontinue claims that packaging for its meal-delivery services is “eco-friendly.” NAD requested substantiation for several claims appearing on Gobble’s website, including the company’s use of “insulated liners that are biodegradable so that you can dispose of them in your trash with minimal impact on the environment.” In response to the inquiry, Gobble stated it would permanently and voluntarily withdraw its packaging claims of biodegradability and eco-friendliness, but noted it had a good-faith belief that the claims were true when first publishing them. Issue 585
Responding to public comments solicited in April 2014, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued revised guidance for identifying, controlling and labeling allergens and other ingredients of public health concern through hazard analysis and critical control point (HACCP) plans, sanitation standard operating procedures (SOPs) or other prerequisite programs. Geared toward meat and poultry products, the guidance seeks to ensure “that product labels declare all ingredients, as required in the regulations, and that the product does not contain undeclared allergens or other undeclared ingredients.” See Federal Register, November 16, 2015. Issue 585
The U.S. Food and Drug Administration (FDA) plans to set requirements for fermented and hydrolyzed foods or those containing fermented or hydrolyzed ingredients and carry the “gluten-free” claim. The proposed rule would apply to foods such as sauerkraut, yogurt, pickles, cheese, green olives, vinegar, and FDA-regulated beers. Intended to address the uncertainty of interpreting test methods in terms of intact gluten, the finalized rule would mandate manufacturers to maintain records demonstrating: (i) “the food meets the requirements of the gluten-free labeling final rule prior to fermentation or hydrolysis; (ii) “the manufacturer has adequately evaluated its process for any potential gluten cross-contact”; and (iii) “where a potential for gluten cross-contact has been identified, the manufacturer has implemented measures to prevent the introduction of gluten into the food during the manufacturing process.” The agency also intends to evaluate the compliance of distilled foods by using scientifically valid methods to determine the absence…
In conjunction with its decision to approve the first genetically engineered (GE) animal for human consumption, the U.S. Food and Drug Administration (FDA) has published final labeling guidance for foods derived from GE crops and draft labeling guidance for GE salmon. Titled “Voluntary Labeling Indicating Whether Foods Have or Have Not Been Derived from Genetically Engineered Plants,” the final guidance document seeks to assist “food and feed manufacturers that wish to voluntarily label their plant-derived food products or ingredients (for humans or for animals) as having been made with or without bioengineering.” In addition, the agency’s draft labeling guidance—“Voluntary Labeling Indicating Whether Food Has or Has Not Been Derived From Genetically Engineered Atlantic Salmon”—describes the preferred labeling terms for products marketed as containing or avoiding transgenic salmon. Emphasizing that such labeling should be “truthful and not misleading,” the agency recommends that manufacturers wishing to identify their products as not derived from GE ingredients use…
12
