Several Democratic senators, with Sen. Bernie Sanders (I-Vt.), have sent a letter to the head of the U.S. Department of Agriculture (USDA) urging Secretary Sonny Perdue to prioritize “consumer-friendly solutions” as the Agricultural Marketing Service undertakes a rulemaking process on the labeling of food made with genetically modified organisms (GMOs). “All Americans have the right to know what is in their food and how their food is produced,” the group argues. The letter asks Perdue to “consider, and work to address, the obstacles Americans would face while attempting to access GE ingredient information through digital or electronic disclosures,” noting that about one-quarter of American adults do not own a smartphone, which would allow them to scan QR codes on packaging to access ingredient information.
Category Archives Issue 654
The U.S. Department of Agriculture (USDA) has delayed the effective date of the Organic Livestock and Poultry Practices final rule until May 14, 2018. The rule’s original effective date was set for January 19, 2017. According to the announcement, “significant policy and legal issues addressed within the final rule warranted further review by USDA.” In September 2017, the Organic Trade Association sued USDA for delays in the effective date, including a request for an order to enjoin the agency from further postponing the rule’s implementation.
The U.S. Food and Drug Administration (FDA) has announced an amendment to food additive regulations to provide for the use of formic acid and ammonium formate in animal feed and drinking water. Taking effect November 13, 2017, the amendment limits formic acid and salts to 1.2 percent in complete feeds. FDA will accept comments or requests for a hearing until December 13, 2017.
Aaron Carroll, a professor at the Indiana University School of Medicine, argues in a New York Times editorial that “panic-du-jour” about unhealthy foods encourages people to unnecessarily live “in terror or struggling to avoid certain foods altogether." Carroll asserts that the repeated condemnation of various food ingredients—including fat, cholesterol, meat, monosodium glutamate, genetically modified organisms and gluten—“shows how susceptible we are to misinterpreting scientific research and how slow we are to update our thinking when better research becomes available.” For example, fewer than one percent of Americans have a wheat allergy or celiac disease, Carroll states, but at least one in five regularly chooses gluten-free foods. “Gluten-free diets can lead to deficiencies in nutrients such as vitamin B, folate and iron. Compared with regular bagels, gluten-free ones can have a quarter more calories, two and a half times the fat, half the fiber and twice the sugar. They also cost more,” he…
A consumer has filed a lawsuit alleging that she became ill after eating a chicken salad containing “hard, gray-colored granules” with a “foul odor and taste” at a location of Bojangles Famous Chicken 'n Biscuits. Green v. Bojangles Restaurants, Inc., No. 17-2936 (D.S.C., removed to federal court October 30, 2017). The plaintiff asserts that she ordered a Roasted Chicken Bites salad that contained the granules, which she ate because she purportedly thought they were pieces of feta cheese. The plaintiff contends that she immediately became ill and vomited at the restaurant, while her husband took the granules to the restaurant owner, who apparently indicated he would have them tested at a laboratory. The plaintiff also argues that after the incident, she developed “nodules or growths” in her throat that remained for about 18 months. Claiming strict liability, breach of implied warranty, negligence, negligence per se and loss of consortium, the plaintiff…
Amid trade negotiations among the European Union, Japan and Mexico, American manufacturers and winemakers have urged the United States to exert influence on the issue of geographical indicators. In October 2017, a group of food and beverage producers—including the California Wine Institute—asked the Trump administration to express concerns to Mexico and Japan about limiting the use of common names and terms. While the organizations do not object to the protection of some geographical indicators, such as “Idaho Potatoes” or “Parmigiano Reggiano,” the EU “has been aggressively seeking to confiscate generic terms that derive from part of the protected name or are otherwise in common usage, such as ‘parmesan,’” the letter argued. In response, a group of U.S. wine growers has urged the Trump administration to encourage Japan and Mexico to allow the protection of wine place names. "While we are fully aware of the controversial nature of place names in the…
A consumer has filed a putative class action alleging Pure Brazilian's "cold-pressed" coconut water undergoes high-pressure processing that “reduces the biological, enzymatic and bacterial activity” of the water, allegedly amounting to false advertising and fraud. Khallili v. Pure Brazilian LLC, No. 17-6425 (E.D.N.Y., filed November 5, 2017). The complaint asserts that high-pressure processing not only changes the nature of the product but increases its shelf life; “highly perishable” warnings on the bottle mislead consumers into believing the coconut water is unprocessed by making it appear similar to competing products that have a shorter shelf life, the plaintiff argues. The complaint also alleges that the product is sold at a premium price compared to coconut waters made with similar high-pressure processing. Claiming violations of New York consumer-protection laws, false advertising, fraud, implied warranty of merchantability and unjust enrichment, the plaintiff seeks class certification, damages, injunctive relief and attorney’s fees.
In accordance with an August 2017 announcement, the U.S. Food and Drug Administration (FDA) has released supplemental draft guidance on menu-labeling requirements to address concerns raised by restaurant franchisees, grocery and convenience stores that sell “grab-and-go” food, and others affected by the rule, which is scheduled to take effect in 2018. The guidance provides details on: (i) criteria for covered establishments; (ii) distinctions between menus and marketing materials; (iii) various methods for calculating and disclosing calorie information; (iv) seasonal or special menu items; (v) compliance; and (vi) enforcement. The labeling requirements apply to restaurants or food retailers that are part of a chain of 20 or more locations doing business under the same name and offering substantially similar menu items. Among the non-binding recommendations for labeling include placement of signs “adjacent to, and clearly associated with” the food for sale or on signs attached to sneeze guards; establishments can also…
More than 80 agricultural trade and advocacy groups have sent a letter to the White House requesting immediate action to implement the Farmer Fair Practices Rules, which would allow farmers to take legal action against foreign and multinational corporate entities to challenge anti-competition practices and contracts to produce livestock and poultry. The U.S. Department of Agriculture previously announced it would not implement the rules, which had been in development since 2010 and were scheduled to take effect April 19, 2017. Signatories include farmer and rancher groups, dairy producers and organic producer associations as well as Food & Water Watch, Friends of the Earth, Slow Food USA and the Union of Concerned Scientists.
Snyder’s-Lance, Inc. has filed a lawsuit in North Carolina federal court appealing a Trademark Trial and Appeal Board (TTAB) ruling that found the term “Pretzel Crisps” to be generic, arguing that TTAB “failed to consider all the evidence of the public’s perception of the Pretzel Crisps brand, despite clear direction from the Federal Circuit to do so.” Snyder’s-Lance, Inc. v. Frito-Lay N. Am., Inc., No. 17-0652 (W.D.N.C., filed November 6, 2017). TTAB initially deemed “pretzel crisps” generic after Frito-Lay opposed Snyder's-Lance’s application for a trademark; that decision was vacated by the Federal Circuit and remanded for reconsideration. Snyder's-Lance argues that during seven years of litigation, its Pretzel Crisps brand has become a market leader and is now the “number one product in the entire ‘deli cracker’ section in which it principally competes." The complaint also asserts that “both Frito-Lay and the TTAB panel agreed that ‘pretzel crackers’ generically and appropriately…
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