The National Academy of Sciences, Engineering and Medicine (NAS) has published a report finding “no substantiated evidence of a difference in risks to human health between currently commercialized genetically engineered (GE) crops and conventionally bred crops, nor did it find conclusive cause-and-effect evidence of environmental problems from the GE crops.” Authored by the NAS Committee on GE Crops: Past Experience and Future Prospects, the report considers more than 900 research publications and 700 public comments, as well as feedback from 80 diverse speakers at three public meetings and 15 webinars. Concentrating on widely available GE crops such as insect-resistant Bacillus thuringiensis (Bt) crops and glyphosate-resistant crops, the report also notes that there is no evidence from U.S. Department of Agriculture data to suggest that GE crops have not yet increased yields for cotton, maize or soybeans. As a result of these findings, the committee recommends that federal agencies focus on product-based…
Category Archives Issue 605
A consumer has filed a putative class action against Mondelez International Inc. alleging the company’s “Go-Paks,” packages of “mini” or “bite” versions of Nabisco cookie and cracker products, contain more than 25 percent slack-fill in violation of California law. Bush v. Mondelez Int’l Inc., No. 16-2460 (N.D. Cal., filed May 5, 2016). The “Go-Paks,” including Mini Chips Ahoy!, Mini Oreo and Ritz Bits varieties, are sold in opaque cups that do not indicate the quantities inside, the complaint asserts. The plaintiff argues that he relied on the cup’s size as a representation of the product he would be receiving and he would not have purchased the product had he known about the amount of slack-fill. For alleged violations of California consumer-protection statutes as well as breach of warranties, negligent misrepresentation, fraud and unjust enrichment, the plaintiff seeks class certification, an injunction, actual and punitive damages, attorney’s fees and costs. Issue…
A class of consumers in New York and California, represented by the Center for Science in the Public Interest (CSPI), has brought suit in the Eastern District of New York seeking restitution, actual and punitive damages, and injunctive relief against the Kellogg Co. for allegedly misbranding its Cheez-It® “Whole Grain” snack crackers. The complaint alleges that Cheez-It® “Whole Grain” crackers contain only a small amount of whole grain, but that the product packaging is designed in such a way as to mislead consumers to believe that the product is produced primarily with whole grains. The class contends that the primary ingredient is enriched flour, however, the product package states conspicuously the words “Whole Grain” on five of the six packaging panels. And when purchasing the crackers, lead plaintiffs sought a product that was predominantly whole grain. The complaint further alleges that the class members would not have purchased the Cheez-It®…
An Oregon state court has invalidated a local ban on cultivating genetically modified organisms (GMOs), holding that the ordinance contradicts state law preventing local anti-GMO rules. White v. Josephine Cty., No. 15-23592 (Ore. Cir. Ct., Josephine Cty., order entered May 16, 2016). The plaintiff challenged the law after he rented land within Josephine County then learned he could not grow his crops there under a May 2014 ordinance prohibiting GMO-crop cultivation. Intervenors in the case challenged the standing of the plaintiff, who described himself as a GMO sugar-beet farmer. According to the court, the intervenors argued that “the plaintiffs are posing as GMO farmers so that large chemical companies through them can attack the local ordinance.” The court disagreed, finding ample evidence to grant the plaintiff standing. Turning to the content of the ordinance, the court held that the state statute preempted the local law. “[T]he conflict could not be…
A California federal court has denied the American Beverage Association’s (ABA’s) attempt to preliminarily enjoin the enforcement of a law requiring manufacturers of sugar-sweetened beverages (SSBs) to provide a warning about the alleged health risks associated with SSB consumption. Am. Beverage Ass’n v. City of San Francisco, No. 15-3415 (N.D. Cal., order entered May 17, 2016). Further details about the lawsuit appear in Issues 573, 586 and 592 of this Update. The court first assessed the ABA’s argument that the law would burden noncommercial speech in addition to regulating commercial speech, which would trigger the highest level of scrutiny. ABA members’ communications to consumers are not limited to commercial speech, the organization argued, because they also publicize other messages, such as promotion for the Pride Parade and the Chinese New Year’s Festival. The court disagreed, finding the amount of noncommercial speech affected was not substantial. The court then reviewed whether…
Health Canada and the Canadian Food Inspection Agency have determined that AquAdvantage Salmon “is as safe and nutritious for humans and livestock as conventional salmon.” Approving the genetically engineered (GE) salmon for sale in Canada, the two agencies cited a similar decision issued by the U.S. Food and Drug Administration in November 2015. “Health Canada requires labelling for food products, including genetically modified foods, where clear, scientifically established health risks or significant changes to the nutritional qualities of the food have been identified and can be mitigated through labelling,” concludes the agency. “In this case, given that no health and safety concerns were identified, there are no special labeling requirements for AquAdvantage Salmon.” See Health Canada News Release, May 19, 2016. Issue 605
Gov. Andrew Cuomo (D-N.Y.) has proposed legislation that would revise the Alcoholic Beverage Control Law (Blue Laws) to modernize the manufacture and sale of alcoholic beverages in New York state. The new rules would also consolidate licensing and reduce “burdensome fees for wineries, breweries, distilleries and cideries statewide.” In particular, the legislation would (i) lift restrictions on Sunday morning sales of alcoholic beverages at on-premises establishes; (ii) allow the New York State Liquor Authority to consider exceptions to the “Two Hundred Foot Law” that prohibits the dispensation of full liquor licenses to establishments within 200 feet of a school or place of worship; (iii) combine craft manufacturing licenses into one application to reduce the paperwork burden on small breweries, wineries and distilleries; (iv) authorize the sale of wine in growlers and allow customers to take home unfinished bottles of wine; (v) reduce fees for craft beverage salespeople; and (vi) reduce…
The U.S. Food and Drug Administration (FDA) has announced revisions to the Nutrition Facts label designed to emphasize “the link between diet and chronic diseases such as obesity and heart disease.” In addition to highlighting calories, servings per container and serving-size declarations through a combination of increased type size and boldface, the new labels will (i) require “added sugars” in grams and as a percent daily value, (ii) require Vitamin D and potassium values, and (iii) make Vitamins A and C optional. Citing scientific research, FDA has updated several daily values and eliminated “Calories from Fat,” but increased mandatory serving sizes to better reflect food consumption data. Food packages containing one to two servings that are typically consumed in one sitting must list calories and nutritional information for the entire packaged portion. Manufacturers must also use dual-column labels for 24-ounce sodas, ice cream pints and other foods and beverages that…
