The Council of Better Business Bureaus (CBBB) and the National Confectioners Association have announced the Children’s Confection Advertising Initiative (CCAI), “a new self-regulatory initiative that promotes responsible advertising to children.” Modeled after the Children’s Food and Beverage Advertising Initiative (CFBAI), which includes six major confectioners, CCAI asks participating companies not to advertise to children younger than age 12 or in schools from pre-kindergarten through sixth grade. Six candy companies have already pledged to abide by CCAI advertising rules. As Federal Trade Commission (FTC) Chair Edith Ramirez remarked, “This new initiative is a welcome addition to the CBBB’s existing Children’s Food and Beverage Advertising Initiative and represents the type of self-regulatory solution the FTC has long advocated. The commitment by six confectionery companies to refrain from advertising in elementary schools and in media targeted at children is a positive step. I also hope that this new partnership with the National Confectioners…
Category Archives Issue 598
The EU General Court has confirmed a European Commission decision finding that German company Dextro Energy's health claims for its glucose supplements are contrary to the messages of national and international authorities on the health risks associated with sugar consumption. The commission decided the issue in January 2015 despite advice from the European Food Safety Authority suggesting that the consumption of glucose could be linked to normal energy-yielding metabolism. "Even if those health claims were to be authorised only subject to specific conditions of use and/or were accompanied by additional messages or warnings, the Commission considered that the message nevertheless remained confusing for consumers, with the result that the claims in question should not be authorised," stated a March 16, 2016, press release from the General Court summarizing the opinion. Issue 598
A Connecticut federal court has reportedly approved the dismissal of Pepperidge Farm's lawsuit against Trader Joe's Co. alleging the grocery infringed Pepperidge Farm's trademarked Milano® cookies. Pepperidge Farm v. Trader Joe's Co., No. 15-1774 (D. Conn., order entered March 9, 2016). The lawsuit challenged Trader Joe's Crispy Cookies, which Pepperidge Farm asserted were the same shape and sold in similar packaging to Milano® cookies. The order is the first legal filing in the case since the lawsuit was filed in December 2015; an attorney for Pepperidge Farm told Law360 that the parties had reached a "mutually satisfactory resolution." Additional information about the complaint appears in Issue 586 of this Update. See Law360, March 10, 2016. Issue 598
A consumer has filed a lawsuit alleging that Chipotle Mexican Grill Inc. falsely advertised its food as free of genetically modified organisms (GMOs) despite serving meat products from animals fed GMOs and soft drinks that contain GMO corn syrup. Pappas v. Chipotle Mexican Grill, Inc., No. 16-0612 (S.D. Cal., filed March 10, 2016). The plaintiff alleges violations of California's consumer-protection law and seeks class certification, damages, an injunction, and attorney's fees. The complaint echoes the arguments in a similar California case dismissed without prejudice in February 2016 finding that the plaintiff's definition of GMO was inconsistent. The plaintiff has filed an amended complaint arguing that consumers "reasonably understand today that such claims would mean that Chipotle's menu is 100% free of GMOs and that Chipotle does not serve food sourced from animals that have been raised on GMOs or genetically engineered food." Gallagher v. Chipotle Mexican Grill, Inc., No. 15-3952…
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed an emergency action to temporarily allow the use of standard point-ofsale warning messages for bisphenol A (BPA) exposures from canned and bottled foods and beverages. Under Proposition 65 (Prop. 65) regulations, consumer products that contain any chemical known to the state to cause reproductive toxicity or cancer must display a “clear and reasonable” warning on “labeling, shelf tags, shelf signs, menus or any combination thereof as long as the warning is prominent and conspicuous.” Starting May 11, 2016, all foods and beverages that result in BPA exposure must display a similar warning “unless the person causing the exposure can show that the exposure is 1,000 times below the no observed effect level for the chemical.” To avoid consumer confusion and give manufacturers time to transition to BPA-free packaging, OEHHA proposes allowing the temporary use of point-of-sale…
The U.K. Chancellor of the Exchequer George Osborne has announced a new levy on soft drink companies to be assessed “on the volume of sugar-sweetened drinks they produce or import.” In a budget presentation before Parliament, Osborne laid out a two-tiered tax scheme slated to take effect in April 2018, “to give companies plenty of space to change their product mix.” Under the levy, which exempts milk-based drinks and fruit juices, sugar-sweetened beverages will fall into one band with “a total sugar content above 5 grams per 100 milliliters,” or “a second, higher band for the most sugary drinks with more than 8 grams per 100 milliliters.” The U.K. Office for Budget Responsibility apparently anticipates that the levy will raise an estimated £520 million for increased sport funding in primary schools. “Many in the soft drinks industry recognize there’s a problem and have started to reformulate their products… So industry can…
The U.S. Department of Agriculture’s National Organic Program (NOP) has published revised National List Petition Guidelines for requesting amendments to the National List of Allowed and Prohibited Substances (National List). According to NOP, the National List not only identifies “the synthetic substances that may be used and the non-synthetic (natural) substances that may not be used in organic crop and livestock production,” but designates “a limited number of non-organic substances that may be used in or on processed organic products.” Clarifying the petition process as well as “the information to be submitted for all types of petitions requesting amendments to the National List,” the guidelines address, among other things, (i) who can submit a petition, (ii) what types of substances can be petitioned, and (iii) the criteria by which the National Organic Standards Board (NOSB) evaluates petitions. These criteria include: (i) “the potential of the substance for detrimental chemical interactions…
The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety and the U.S. Food and Drug Administration are holding an April 13, 2016, public meeting in College Park, Maryland, to discuss U.S. draft positions for consideration at the 43rd Session of the Codex Committee on Labeling in Foods (CCFL) in Ottawa, Canada, on May 9-13. CCFL is charged with drafting food labeling provisions and addressing issues related to the advertisement of food with particular claims or misleading descriptions. Agenda items for the April 13 meeting include discussion papers focused on Internet food sales and the labeling of non-retail containers; proposed revisions to guidelines for use of the term “Halal”; and date marking. See Federal Register, February 26, 2016. Issue 598
The Center for Science in the Public Interest (CSPI) has called on the U.S. Food and Drug Administration (FDA) to require labeling on foods containing synthetic food dyes such as FD&C Green 3 and FD&C Blue 2. CSPI’s latest move follows its January 2016 publication of a report critical of FDA’s inattention to food dyes and pointing to studies allegedly linking food-dye consumption to behavioral issues in children, particularly those with Attention Deficit/Hyperactivity Disorder (ADHD). The health advocacy group’s proposed labeling would state: “WARNING: This food contains synthetic food colorings that may impair the behavior of some children.” “As long as dyes are permitted, only a warning label will provide consumers with the appropriate information to enable them to make the association between foods containing those dyes and their children’s behavioral symptoms,” CSPI said in its March 15, 2016, letter to FDA. “The FDA has mandated such labeling in the…
U.S. Sens. Barbara Boxer (D-Calif.), Dianne Feinstein (D-Calif.) and Kirsten Gillibrand (D-N.Y.) have written a March 14, 2016, letter requesting that the U.S. Department of Agriculture (USDA) and U.S. Environmental Protection Agency (EPA) act on recommendations contained in a Government Accountability Office (GAO) report on bee health. Summarizing federal initiatives designed to improve bee health and protect pollinator populations, the report calls on USDA to “coordinate with other agencies to develop a plan to monitor wild, native bees, and evaluate gaps in staff expertise in conservation practices.” In particular, GAO recommends that USDA redouble its efforts with the White House Pollinator Health Task Force to “develop a mechanism, such as a federal monitoring plan, that would (1) establish roles and responsibilities of lead and support agencies, (2) establish shared outcomes and goals, and (3) obtain input from relevant stakeholders, such as states.” According to the report, USDA should also update…
