Category Archives Issue 726

A group of researchers from universities in Belgium, India, Switzerland and the United States have published a study examining how the use of antibiotics in meat production in low- and middle-income countries has affected antibiotic resistance worldwide. Van Boeckel et al., "Global trends in antimicrobial resistance in animals in low- and middle-income countries," Science, September 20, 2019. The researchers reportedly found growing rates of antimicrobial resistance (AMR) in several countries, including India, China, Pakistan, Egypt and Brazil. "Regions affected by the highest levels of AMR should take immediate actions to preserve the efficacy of antimicrobials that are essential in human medicine by restricting their use in animal production. . . . [T]here is a window of opportunity to limit the rise of resistance by encouraging a transition to sustainable animal farming practices," the researchers concluded. "High-income countries, where antimicrobials have been used on farms since the 1950s, should support this…

A California federal court has refused to dismiss a lawsuit alleging that Danone US Inc. creates "a misleading impression regarding the health-promoting benefits" of its Silk Coconutmilk because it markets the product with an accurate representation of the product as free of cholesterol. Marshall v. Danone US, Inc., No. 19-1332 (N.D. Cal., entered September 13, 2019). Danone argued that the cholesterol representation was made in close proximity to the nutrition panel showing that the product contained three grams of saturated fat, but the court noted that the total is one gram more than permitted under federal regulations on the use of "cholesterol-free." "Danone is missing the point," the court held. It noted that the U.S. Food and Drug Administration (FDA) "has expertise in, and responsibility for, determining what food labeling practices may mislead consumers" and that the agency "believes that consumers may understand 'cholesterol-free' to convey certain health benefits that…

A group of U.S. lawmakers, led by Reps. Chellie Pingree (D-Maine) and James Comer (R-Ky.), have urged the U.S. Food and Drug Administration to "quickly adopt a policy of enforcement discretion and to consider issuing an interim final rule to regulate [cannabidiol (CBD)] as a dietary supplement and food additive while simultaneously moving forward with a robust framework for evaluating the safety and accurate labeling of these products." The letter stated that the agency's "current regulatory posture on CBD has created significant regulatory and legal uncertainty for participants in this quickly evolving industry. We are discouraged by FDA's estimation that a rulemaking process could span 3 to 5 years. We believe there are more expeditious measures that FDA could take that would establish regulatory clarity while pursuing enforcement actions against bad actors." In the U.S. Senate, Majority Leader Mitch McConnell (R-Ky.) reportedly took a different path in an effort to…

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) has announced a "final rule to modernize swine slaughter inspection and bring it into the 21st century." The rule "amends the regulations to require all swine slaughter establishments to develop written sanitary dressing plans and implement microbial sampling to monitor process control for enteric pathogens that can cause foodborne illness" and "allows market hog establishments to choose if they will operate under [the New Swine Slaughter Inspection System] or continue to operate under traditional inspection." In April 2019, The Washington Post compared the proposed rule to the relationship between aircraft manufacturers and the Federal Aviation Administration, and FSIS responded with a press release stating, "Shame on you, Washington Post. This story earns you at least four Pinocchios."

The National Advertising Division (NAD) has recommended that Clemens Food Group and its flagship brand, Hatfield Quality Meats, "discontinue the claim 'Ethically Raised by Family Farmers Committed to a Higher Standard of Care, Governed by Third Party Animal Welfare Audits.'" NAD acknowledged that the Food Safety and Inspection Service (FSIS) reviewed the claim, but the "record here did not demonstrate that FSIS considered consumer impact or that it explained its reasoning with respect to its determination on the 'ethically raised' claim. Accordingly, NAD undertook its own review of the challenged claims." The challenger, Animal Welfare Institute (AWI), argued that the claim misled "a high percentage" of consumers "because they took the claim to mean that the animals’ treatment and living conditions exceed industry standards." NAD noted that AWI provided a consumer perception survey, and the board found the survey to be methodologically sound. Hatfield submitted "caretaker standards, third-party auditing and…

The U.S. Food and Drug Administration (FDA) has announced "A New Era of Smarter Food Safety," a public meeting "to get input from a broad cross-section of stakeholders on a modern approach the Agency is taking to strengthen its protection of the food supply." The meeting, which will be held October 21, 2019, is intended to "foster a dialogue with our domestic and international regulatory and public health partners, industry, consumers, academia, and others," and input will "be used to shape an FDA Blueprint for a New Era of Smarter Food Safety."

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