A California federal court has granted Foster Farms’ request for declaratory judgment finding that Lloyd’s of London must cover $14 million in costs related to a Salmonella outbreak linked to Foster Farms’ chicken processing facilities. Foster Poultry Farms Inc. v. Certain Underwriters at Lloyd’s London, No. 14-0446 (E.D. Cal., order entered October 9, 2015). Foster Farms’ policy with the insurer included coverage for “Accidental Contamination,” requiring the company to show (i) “an error in the production of its chicken product” and (ii) that consumption of the product “‘would ‘lead to’ bodily injury.” Lloyd’s challenged Foster Farms’ showing of the latter requirement, arguing the destroyed products were not actually contaminated with Salmonella. The court concluded the company had shown the products were contaminated because at the time the U.S. Department of Agriculture’s Food and Safety Inspection Service issued its Notice of Suspension, Foster Farms’ products had tested positive for Salmonella for…
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The Ninth Circuit Court of Appeals has rejected Stanislaus Food Products Co.’s attempt to revive a lawsuit alleging that several major manufacturers of tin cans conspired to cede the market to a single company, USS-POSCO Industries (UPI). Stanislaus Food Prods. Co. v. USS-POSCO Industries, No. 13-15475 (9th Cir., order entered October 13, 2015). “This appeal, which centers on tin mill products used to package food, teaches that there’s no substitute for concrete evidence,” the decision begins. Stanislaus, a tomato cannery, alleged that UPI, a joint venture of U.S. Steel and POSCO America Steel Corp., conspired with other tin mill producers to allocate the tin can market to UPI and fix the prices of tin mill products. Stanislaus cited the fact that POSCO never entered the western U.S. market as evidence of conspiracy; the court considered the practicality of the allegations and found them lacking. “A scheme like Stanislaus alleges would not…
The U.S. Department of Labor and New York Attorney General Eric Schneiderman have announced that four Papa John’s Pizza franchisees have agreed to pay $469,355 for labor violations. Back wages and damages will be distributed to 250 affected workers, to whom the franchisees failed to pay minimum and overtime wages and failed to provide one week’s worth of adequate uniforms. “Once again, we’ve found Papa John’s franchises in New York that are ripping off their workers and violating critical state and federal laws,” Schneiderman said. “Fast food chains across the state should be on notice: we will not stop until your workers are treated with respect and paid lawful wages. Once again, I call on Papa John’s and other fast food companies to step up and stop the widespread lawlessness plaguing your businesses and harming the workers who make and deliver your food.” See New York State Office of the…
The European Food Safety Authority (EFSA) has issued a scientific opinion assessing any potential risks associated with the use of insect protein in food and animal feed. Concluding that chemical and biological risks depend on production method, the type of substrate used, and insect species, the expert panel specifically notes that “the occurrence of prions—abnormal proteins that can cause diseases such as Bovine Spongiform Encephalopathy (BSE) in cattle and Creutzfeldt-Jakob Disease in humans—is expected to be equal or lower if the substrate does not include protein derived from humans (manure) or ruminants.” The report also calls for more data about the possible accumulation of cadmium, arsenic, lead, mercury, and other heavy metals in farm-raised insects. “EFSA concludes that when non-processed insects are fed with currently permitted feed materials, the potential occurrence of microbiological hazards is expected to be similar to that associated with other nonprocessed sources of protein,” states a…
The U.K. Food Standards Agency (FSA) has issued a call for research exploring how the Internet of Things (IoT) could affect food safety. Working with The IT as a Utility Network Plus, FSA seeks short-term pilot studies “intended to test new ideas or create novel linkages between research areas.” In particular, the joint initiative seeks to focus on (i) “IoT data, data standards and sharing”; (ii) “IoT transport and food, particularly temperature control”; (iii) “organizing hackathon events to exploit, disseminate and excite opportunities of IoT from farm to table”; and (iv) “what happens to food in people’s homes.” FSA will accept submissions until November 2, 2015. Issue 581
The U.K. Advertising Standards Authority (ASA) has released a trio of decisions upholding complaints against two distilleries and a bread company over allegedly misleading advertisements. Ruling against Summerhall Distillery Ltd. in a complaint filed by a rival company, ASA took issue with advertisements for “hand crafted” Pickering’s Gin that touted Summerhall as Edinburgh’s first gin distillery in more than 150 years, a claim the authority found could not be substantiated. “We considered that linking the product to the heritage of the spirit trade in Edinburgh and to imply that it was related to a revival of this industry was likely to be of particular interest to some consumers, and that its provenance in this context was therefore material information,” states ASA’s decision, which notes the presence of distillery operations within Edinburgh since 1863. “Because the claims had not been substantiated, we concluded that the ads were misleading.” In addition, ASA sided…
California Governor Jerry Brown (D) has signed legislation (S.B. 27) that prohibits administration of a “medically important antimicrobial drug to livestock solely for purposes of promoting weight gain or improving feed efficiency” as of January 1, 2018. Under the statute, antibiotics may be used only when ordered by a licensed veterinarian through a prescription or veterinary feed directive. “The science is clear that the overuse of antibiotics in livestock has contributed to the spread of antibiotic resistance and the undermining of decades of life-saving advances in medicine,” Brown said. See Signing Message of Governor Edmund G. Brown Jr., October 10, 2015.
Three federal agencies are convening an October 30, 2015, public meeting in Silver Spring, Maryland, to discuss a July 2015 memorandum issued by the Executive Office of the President (EOP) directing the agencies to clarify their roles in the oversight of biotechnology products, develop long-term regulatory strategies and commission an independent study of the biotech landscape. The EOP memo defines biotechnology products as those “developed through genetic engineering or the targeted or in vitro manipulation of genetic information of organisms, including plants, animals, and microbes.” The meeting will include presentations by representatives of the Department of Agriculture, Environmental Protection Agency and Food and Drug Administration (FDA) about each agency’s current approach to biotech product regulation. Information about registration, oral presentations and viewing the meeting via live webcast is available on FDA’s website. See Federal Register, October 16, 2015. Issue 581
The National Toxicology Program’s (NTP’s) Office of the Report on Carcinogens and Office of Health Assessment and Translation (OHAT) are requesting information about six substances, including fluoride (CASRN 7681-49-4), nominated for possible review and inclusion in future editions of the Report on Carcinogens (RoC). More specifically, NTP seeks (i) data about the compound’s current production, use patterns and human exposure; (ii) exposure studies evaluating adverse health outcomes, e.g., cancer, reproductive or immunological disorders; (iii) scientific issues relevant to prioritizing adverse health outcomes; and (iv) names of scientists with proven expertise about the chemical. OHAT is also interested in obtaining material about non-cancer health outcomes related to fluoride exposure, e.g., developmental neurotoxicity and endocrine disruption. Information submissions must be received by November 6, 2015. See Federal Register, October 7, 2015. Issue 581
“If any one name evokes unfettered truths about the sociopolitical machinations of ‘Big Food,’ it is that of Marion Nestle, professor of nutrition, food studies and public health at New York University,” proclaims physician David Katz in a review of Nestle’s new book, Soda Politics: Taking on Big Soda (and Winning). “Dominions of fizz,” Nature, October 1, 2015. Nestle describes, according to Katz, “softball” strategies employed by industry—“… scientific evidence on health effects, the industry’s impact on the environment and the preferential marketing of soft drinks to children, specific ethnic groups and poor people …”—as well as “the correspondence between the tactics of the soft-drinks and tobacco industries.” Those alleged tactics, Nestle asserts, include “’hardball’ strategies such as litigation, lobbying of Congress, and front groups such as New Yorkers Against Unfair Taxes, established by the beverage industry to oppose a soft-drinks levy.” Issue 580
