Chinese scientists have reported that they successfully created 12 genetically modified pigs with about 24 percent less body fat than average pigs. Qiantao Zheng, et al., “Reconstitution of UCP1 using CRISPR/Cas9 in the white adipose tissue of pigs decreases fat deposition and improves thermogenic capacity,” Proceedings of the National Academy of Sciences, October 17, 2017. According to the researchers, pigs lack a gene called UCP1 that allows animals to regulate body temperature in cold weather. Using gene-editing technique CRISPR-Cas9, the scientists created and implanted modified pig embryos into female pigs. Tests on the piglets reportedly showed they were much better at regulating their body temperatures, which could potentially reduce farmers' heating and feeding costs and prevent pig deaths in cold weather. NPR further explored the use of gene editing in food production, discussing the Coalition for Responsible Gene Editing in Agriculture's campaign to dispel fears associated with food products created using…
Category Archives Issue 652
The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a higher risk to infants—the most exposed group—than older children or adults because infants consume jarred or canned foods with high mean concentrations of the materials. Risks associated with furan exposure reportedly include liver damage and liver cancer. According to EFSA, furan exposure might be reduced through preparation methods such as reheating ready-to-eat foods in a hot-water bath without a lid because evaporation can remove some furan content. EFSA also reported that the highest exposure in adults was attributable to coffee; high mean concentrations of furan were found in whole roasted coffee beans, ground roasted coffee, coffee imitates and instant coffee powder.
German candy manufacturer Haribo is reportedly investigating allegations of human slavery on carnauba wax suppliers’ plantations in Brazil. According to Reuters, a German television documentary showed palm-leaf harvest workers forced to sleep outside, denied access to clean water and paid $12 a day. In June 2017, Haribo’s board posted a “Modern Slavery Statement” on its website, stating it was “absolutely committed to preventing any form of slavery and human trafficking in its corporate activities.” The statement also included a mandate for due diligence reviews of its supply chain to assess “particular product or geographical risks” of slavery.
The U.S. Department of Agriculture (USDA) has announced that it will take no further action to implement the Farmer Fair Practices Rules, which were reportedly created to allow farmers the power to sue corporate entities with whom they had contracted to produce livestock and poultry. In April 2017, USDA announced a delay of the effective date until October 19, 2017, to allow time for further consideration of comments. On October 18, USDA announced that it will not implement the rules because of concerns over potential increases in litigation, vagueness of the draft rules’ language, possible conflicts of law and executive branch directions to use the least burdensome regulations possible. Following USDA's announcement, U.S. Sens. Charles Grassley (R-Iowa) and Jon Tester (D-Mont.) sent a letter to Secretary of Agriculture Sonny Perdue stating that they “vehemently disagree with the decision” because their constituents believe that the current practices of multinational agribusiness corporations,…
A Massachusetts federal court has dismissed a putative class action against Conagra Brands that alleged the company’s Wesson cooking oil was not “100% natural” because it is extracted from grains grown from genetically modified organisms (GMOs), ruling the plaintiff had failed to state a claim upon which relief could be granted. Lee v. Conagra Brands, Inc., No. 17-11042 (D. Mass., entered October 25, 2017). Taking judicial notice of U.S. Food and Drug Administration (FDA) guidance, the court noted that the agency has “not attempted to restrict the use of the term 'natural' except for added color, synthetic substances, and flavors." In addition, the court held that according to FDA guidance, Conagra is not required to disclose on its labels the use of GMO plants. The plaintiff alleged a single count for deceptive business practices, but the court ruled that because the label conformed to FDA guidelines, it was not “unfair…
Green Crush, a retailer selling juice, smoothie and aguas frescas beverages, has filed a lawsuit alleging that a former Green Crush manager and a former contractor engaged in corporate espionage, asserting that they used the chain’s proprietary information and infringed its trademarks and trade dress to start a competing company. Green Crush, LLC v. Paradise Splash 1, Inc., No. 17-1856 (C.D. Cal., filed October 23, 2017). The complaint alleges that the manager frequently asked senior Green Crush employees about “distribution operations, specific equipment, detailed drink ingredients, the design, placement, setting and layout of drink containers and cups, and the process and recipes used” before leaving to start a competing juice store. Further, Green Crush argues, the manager and contractor solicited Green Crush employees to work for them; allegedly, some of those employees asked “if the store under construction was a [Green Crush] store because it looked just like one.” Seeking…
The World Trade Organization (WTO) has ruled that the United States can use the “dolphin-safe” tuna labeling regulations revised in 2016, deciding they are part of a “legitimate conservation effort.” Mexico began the dispute in 2008 when it asserted that U.S. regulations governing tuna fishing in the Eastern Tropical Pacific Ocean were more stringent than in other areas of the world and unfairly barred Mexico’s fishing industry from the market. Although WTO has previously ruled in Mexico’s favor, the new opinion stated that the regulations are “calibrated to the levels of risks posed by different fishing methods in different parts of the ocean, [so] we do not see any reason to find that the same measure is applied in a manner that constitutes a means of arbitrary or unjustifiable discrimination.” In April 2017, WTO awarded Mexico $163 million in trade sanctions over the regulations; that award may now be appealed.
New York City’s Metropolitan Transit Authority (MTA) board has passed a resolution banning all advertising for alcohol products over concerns that exposure to the ads “influences many young people to start drinking earlier and to drink more," which "leads to much higher public health and safety costs.” Although the primary purpose for MTA ads is to raise revenue, alcohol ads account for about $2.8 million annually, about 2 percent of the $144.8 million raised in 2016. Other cities that have instituted similar bans reportedly include Los Angeles, San Francisco, Detroit, San Diego and Baltimore; Chicago and Atlanta allow the ads, the board said, but “with restrictions that limit their exposure to young people.” The ban will take effect January 1, 2018, but MTA stopped contracting for additional advertising as of October 25, 2017.
An Indiana federal court has granted summary judgment to Givaudan Flavors Corp. on the issue of design defect, ending a lawsuit by 27 popcorn factory workers who alleged they suffered respiratory injuries after being exposed to the company's diacetyl butter flavoring. Aregood v. Givaudan Flavors Corp., No. 14-0274 (S.D. Ind., entered October 18, 2017). Givaudan had filed a motion in limine directed to the absence of evidence or opinions regarding the alleged defective design or unreasonably dangerous condition of diacetyl, and the court asked for summary judgment briefing on the potentially dispositive issue. The court said that to show defective design under the Indiana Products Liability Act, a plaintiff “’must compare the costs and benefits of alternative designs and show that another design not only could have prevented the injury but also [is] cost-effective.’” Although the plaintiffs had obtained causation expert testimony and the court said it was “presuming without…
One day after a California resident filed a putative class action complaint against Krispy Kreme, she voluntarily dismissed the suit without prejudice with no explanation for the dismissal. Salem v. Krispy Kreme Doughnut Corp., No. 17-7487 (C.D. Cal., dismissal filed October 13, 2017). The complaint alleged that Krispy Kreme “purposefully, intentionally, and willfully” misled customers as to the sugar content and calorie count of their doughnuts. In addition, the plaintiff stated that she relied on the nutritional information provided in a store pamphlet that misleadingly advertised the chain’s apple fritter as only 210 calories per serving. The plaintiff claimed violations of California’s unfair competition and false advertising laws and the state Consumer Legal Remedies Act.
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