The Food Standards Agency’s independent Advisory Committee on Novel Foods and Processes (ACNFP) will host a February 4, 2016, workshop in London. Breakout sessions will target (i) the food-medicine continuum; (ii) alternative proteins, e.g., insects and in vitro meat production; and (iii) engineered nanomaterials. Registrations are requested by January 14, 2016. See ACNFP News Release, December 14, 2015. Issue 588
Category Archives Issue 588
The National Advertising Division (NAD), an arm of the advertising industry's self-regulation system, has concluded Saputo Cheese, USA, Inc. can support its claims that its string cheese is "natural" and "low-moisture part-skim mozzarella cheese" despite challenger Lactalis American Group’s argument that Saputo’s products contain artificial phosphate and fillers. Lactalis argued Saputo's products do not comply with the U.S. Food and Drug Administration's (FDA's) standard of identity for "low-moisture part-skim mozzarella cheese" and the products could not be "natural" as their packaging asserts because of the addition of phosphate. Saputo argued phosphate occurs naturally in cheese and the existence of phosphate did not necessarily prove the company added synthetic phosphate. In its determination, NAD acknowledged that it did not have the authority to deem something "misbranded" under FDA's regulations but noted that the products seemed to fit the standard of "low-moisture part-skim mozzarella cheese" because they contain 30 to 45 percent…
Two app developers have agreed to pay a combined $360,000 to settle Federal Trade Commission (FTC) charges that they allegedly violated the Children's Online Privacy Protection Act (COPPA) by producing and selling games allowing third-party advertisers to collect personal information from children. The games, which include My Cake Shop, My Pizza Shop, Ice Cream Jump and Happy Pudding Jump, appeared to target children younger than age 14, but the app developers apparently failed to inform advertisers of that fact, which would have required them to comply with FTC and COPPA regulations. "It's vital that companies understand the rules of the road when it comes to handling children's personal information online," FTC Bureau of Consumer Protection Director Jessica Rich said in a December 17, 2015, press release. "These cases make it clear that we're closely watching this space to ensure children's privacy online is being protected." Issue 588
The U.S. Food and Drug Administration (FDA) has published its annual report of sales and distribution data for antimicrobial drugs used in food-producing animals. The report’s analysis of 2014 statistics and observed trends of rising antibiotic use immediately drew the ire of consumer advocacy coalition Keep Antibiotics Working (KAW). “The data released today shows us that, despite industry assurances to the contrary, the use of human antibiotics on the farm have continued to rise, and specifically the use of the critically important antibiotic class cephalosporins (12% increase from 2013 through 2014), which the FDA placed restrictions on in 2012,” a KAW policy analyst said. KAW condemns industry’s voluntary cutbacks and calls for FDA to establish mandatory reduction goals. “FDA must set clear targets for the reduction in antibiotic use,” according to KAW. “Otherwise, industry will continue to conduct business as usual, while the crisis of resistance continues to loom large…
The U.S. Food and Drug Administration (FDA) has reportedly reached a deal with Hampton Creek, maker of eggless spread Just Mayo®, allowing the company to keep the name of its product but requiring changes to its packaging. Just Mayo® labels will now feature larger words touting its features, including "egg-free" and "spread and dressing," and a definition of "just" as "guided by reason, justice, and fairness." The product has been the target of litigation in recent years, including a lawsuit by competitor Unilever and a putative class action, because of the alleged misrepresentation of the product as mayonnaise despite its noncompliance with FDA’s standard of identity for mayo, which requires the inclusion of eggs. Hampton Creek was also allegedly the target of a smear campaign by the American Egg Board. Additional details appear in Issue 578 of this Update. Issue 588
A Missouri federal court has granted a motion to dismiss a lawsuit against Source Naturals, Inc., maker of Life Force® multivitamins, alleging the company misrepresented the amount of vitamins and nutrients in the product on the label. Dougherty v. Source Naturals, Inc., No. 15-0574 (E.D. Mo., order entered December 8, 2015). The plaintiff argued her tests of the multivitamin showed that the nutrient content claims on the product packaging were false, amounting to a violation of the Missouri Merchandising Practices Act. The court disagreed, finding the plaintiff's testing did not meet the methodology mandated by the U.S. Food and Drug Administration (FDA). "Because Plaintiff has failed to allege she followed FDA testing protocols," the court found, "her state law claims that rely on a different methodology to demonstrate such labeling violations are inconsistent with the [federal Food, Drug, and Cosmetic Act] and are thus preempted." Accordingly, the court granted the…
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