A Shanghai court has reportedly fined three Chinese technology companies for their part in spreading rumors that KFC fare is produced with “mutant chickens” with eight legs and six wings. KFC filed a lawsuit in June 2015 seeking damages for economic losses and damage to its reputation. The court reportedly ordered the companies to make an official apology and pay a total of $91,191 (600,000 yuan) to KFC. Additional details about the lawsuit appear in Issue 567 of this Update. See Reuters, February 2, 2016. Issue 593
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A California federal court has dismissed a lawsuit brought by People for the Ethical Treatment of Animals Inc. (PETA) alleging Whole Foods Market Inc. falsely advertises its meat as ethically slaughtered. PETA v. Whole Foods Mkt., Inc., No. 15-4301 (N.D. Cal., order entered January 29, 2016). The organization challenged Whole Foods’ five-step Global Animal Partnership rating as misleading consumers because the assessments are allegedly insufficient. Details on PETA’s complaint appear in Issue 579 of this Update. The court first found that PETA had standing to sue despite the organization’s not being a customer of Whole Foods. The court then turned to Whole Foods’ argument that PETA failed to plead its fraud allegations with the specificity required. The photos included with the complaint were insufficient to fulfill the requirement, the court found, because PETA did not clarify which aspects of the in-store displays were at issue. That vagueness also prevented the court…
An Ohio appeals court has affirmed a lower court decision finding that two consumers’ mislabeling allegations against The Kroger Co. are preempted by the Poultry Products Inspection Act (PPIA). Arnold v. Kroger Co., No. C-150291 (Ohio Ct. App., 1st App. D., Hamilton Cty., order entered January 22, 2016). The consumers alleged Kroger’s chickens were not subjected to “a humane environment” as the company advertised and thus were not worth the premium the store charged. The trial court dismissed the claims as preempted by the PPIA, and the plaintiffs appealed. The appeals court was unpersuaded by the plaintiffs’ argument that the Food Safety and Inspection Service’s (FSIS’) inspection and approval of Kroger’s slaughtered chickens were insufficient to determine whether the chickens were in a humane environment while alive. “FSIS has determined that humane treatment of poultry directly implicates its fitness for human consumption because ‘under the PPIA, poultry products are more…
Russian MP Oleg Mikheyev has reportedly asked the government to require “graphic warning labels” on fast-food packaging in an effort to stop the spread of obesity and improve the health of Russian citizens. Mikheyev, who previously proposed a tax on “junk food,” also argued that producers of food products such as potato chips or soft drink be required to include photos of illnesses caused by excessive consumption of those products. “People know that sugar can cause type-2 diabetes, but few of them actually know what the trophic ulcers look like. Same goes for kidney stones that appear because of excessive consumption of salty foods or cholesterol plaques,” Mikheyev reportedly wrote in a letter to Prime Minister Dmitry Medvedev. Russian politicians have discussed mandatory labeling for fast food and other food products in the past, including in a July 2015 bill that proposed restricting fast-food and alcohol ads. See RT, January…
The European Food Safety Authority’s (EFSA’s) Panel on Food Contact Materials, Enzymes, Flavorings and Processing Aids (CEF Panel) has issued a scientific opinion recommending revisions to the safety assessments conducted for food contact materials (FCM). After considering scientific comments received during public consultation, the CEF Panel advocates new standards for estimating food intake and calculating the level of FCM migration into food. The scientific opinion also finds that genotoxicity testing for FCM substances should be mandatory even in low-exposure scenarios, and that nanomaterials used in FCM should be evaluated on a “case by case” basis. To address different consumption scenarios, the CEF Panel divided foods into four categories based on exposure data extrapolated from EFSA’s Comprehensive European Food Consumption Database as well as “default water consumption figures set by the World Health Organization (WHO) for infants.” For each of these food categories, the panel identified the “critical” age group with…
The Centers for Disease Control and Prevention has declared that two E. coli outbreaks linked to Chipotle Mexican Grill Inc. “appear to be over,” but the agency has not identified a food source for the outbreaks. “The epidemiologic evidence collected during this investigation suggested that a common meal item or ingredient served at Chipotle Mexican Grill restaurants was a likely source of both outbreaks,” the agency said. “When a restaurant serves foods with several ingredients that are mixed or cooked together and then used in multiple menu items, it can be more difficult for epidemiologic studies to identity [sic] the specific ingredient that is contaminated.” Meanwhile, Chipotle faces a joint investigation by the U.S. Food and Drug Administration and U.S. Department of Justice into a 2015 norovirus outbreak in one of its California restaurants. The company has reportedly been served an additional subpoena requiring it to produce documents on company-wide…
The U.S. Department of Agriculture (USDA) has finalized standards that seek to reduce Salmonella and Campylobacter in ground chicken and turkey products, as well as raw chicken breasts, legs and wings. Part of the Food Safety and Inspection Service’s (FSIS’) effort to revamp the poultry inspection system, the new rules require routine sampling throughout the year rather than infrequent sampling on consecutive days, and authorize the agency to publicize facility results online. “Over the past seven years, USDA has put in place tighter and more strategic food safety measures than ever before for meat and poultry products. We have made strides in modernizing every aspect of food safety inspection, from company record keeping, to labeling requirements, to the way we perform testing in our labs,” said USDA Secretary Tom Vilsack in a February 4, 2016, news release. “These new standards, in combination with greater transparency about poultry companies’ food safety…
New research reportedly suggests that belief in food addiction translates into support for obesity-related policies, “even when accounting for the significant associations of age, gender and political party.” Erica Schulte, et al., “Belief in Food Addiction and Obesity-Related Policy Support,” PLoS One, January 2016. Relying on the responses of 200 individuals recruited through Amazon Mechanical Turk to answer questions about belief in food addiction and support for 13 obesity-related initiatives, researchers reported that “belief in food addiction and political party both had moderate effect sizes for predicting support for obesity-related policy.” “Historically, the identification of a substance as addictive shifts public perceptions in a manner that increases support for public policies that aim to reduce the negative impact of the substance (e.g., restrictions on marketing, taxation),” the study’s authors noted. “For example, the identification of nicotine as addictive, rather than habit forming, was one of the defining moments that shifted…
An online campaign launched by Consumers Union asks, “Have you ever quickly selected one box of crackers over another because the box said it was ‘natural’? Food companies know you probably have. They also know they can slap the word ‘natural’ on just about anything.” The advocacy group urges consumers to sign its petition urging the U.S. Food and Drug Administration (FDA) to prohibit use of the term “natural” or take action to define it. Findings of a December 2015 Consumer Reports survey reportedly indicate respondents want stricter standards for natural and organic labeling on meat, poultry and packaged and processed foods. Issue 592
The World Health Organization’s (WHO’s) Commission on Ending Childhood Obesity (ECHO) has issued a January 25, 2016, report that recommends, among other things, a tax on sugar-sweetened beverages (SSBs), context-specific dietary guidelines, and “interpretive” front-of-pack labeling. Taking “a life-course approach” that focuses on what it describes as an obesogenic environment, the report urges WHO, member governments and non-state actors to implement specific action items designed to (i) promote intake of healthy foods and reduce intake of unhealthy foods and SSBs among children; (ii) promote physical activity and reduce sedentary behaviors; (iii) provide guidance on preconception and antenatal care to reduce the risk of childhood obesity; (iv) support healthy diet, sleep and physical activity during childhood; (v) promote healthy school environments, health and nutrition literacy; and (vi) provide family-based lifestyle weight management services. In particular, ECHO singles out food and beverage marketing as “a major issue demanding change that will protect…
