The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has linked a 2013-2014 outbreak of porcine epidemic diarrhea virus (PEDv) that killed more than 7 million piglets to Flexible Intermediate Bulk Containers (FIBCs), the reusable tote bags used to transport and store pig feed. According to an APHIS report, which seeks to explain why PEDv occurred in the United States but not Canada or the European Union, the bags were most likely contaminated in their origin country before distribution to feed mill customers across the Midwest, where they contaminated “feed or ingredients destined for delivery to the farm.” “Several of the farm investigations as well as an early case-control study suggested feed or feed delivery as the source of the outbreak; however, there were no common feed manufacturers, products, or ingredients in the initially infected herds,” states the report, which notes that the PEDv strain found…
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The U.S. Food and Drug Administration (FDA) has issued a final rule allowing “the safe use of mica-based pearlescent pigments prepared from titanium dioxide and mica as color additives in certain distilled spirits.” Mica-based pearlescent pigments are currently approved as color additives in many foods and beverages, including distilled spirits containing “not less than 18 percent and not more than 23 percent alcohol by volume.” Effective November 5, 2015, the new rule permits the use of these pigments at a level of up to 0.07 percent by weight in distilled spirits containing not less than 18 percent and not more than 25 percent alcohol by volume, while finding that “certification of mica-based pearlescent pigments prepared from titanium dioxide is not necessary for the protection on the public health.” “Regarding cumulative exposure from the current and petitioned uses of mica-based pearlescent pigments, we note that in our recent final rule that…
School meals may contain enough bisphenol A (BPA) to exceed low-dose toxicity thresholds, according to Stanford and Johns Hopkins researchers. Jennifer Hartle, et al., “Probabilistic modeling of school meals for potential bisphenol A (BPA) exposure,” Journal of Exposure Science and Environmental Epidemiology, September 2015. Using federal school nutrition guidelines as well as information obtained from San Francisco Bay Area schools, the researchers modeled BPA exposure scenarios for elementary and middle schoolers consuming a mix of fresh and packaged foods at school lunch. The results evidently showed exposures ranging from 0.00049μg/kg-BW/day for a middle-school student with a low-exposure breakfast, to 1.19μg/kg-BW/day for an elementaryschool student eating a high-exposure lunch. “During school site visits, I was shocked to see that virtually everything in school meals came from a can or plastic packaging,” Stanford Prevention Research Center Postdoctoral Fellow Jennifer Hartle is quoted as saying. “Meat came frozen, pre-packaged, pre-cooked and pre-seasoned. Salads…
The New York City Food Policy Center at Hunter College has organized an October 7, 2015, program featuring Jim Kreiger, executive director of Seattle’s Action for Healthy Food, and Marlene Schwartz, director of the University of Connecticut’s Rudd Center for Food Policy & Obesity, in a conversation about ways to challenge the “harmful effects of the food and beverage industry’s business and political practices.” The discussion will be moderated by Nicholas Freudenberg, director of the food policy center. Issue 579
Former New York City Health Commissioner Thomas Farley, who now leads The Public Good Projects, has authored a viewpoint in JAMA Internal Medicine that encourages the use of mass media advertising to promote healthy behaviors. Titled “Mass Diseases, Mass Exposures, and Mass Media,” the article highlights the success of mass media campaigns aimed at smoking cessation, noting that some of these advertisements were more valuable and cost-effective than routine one-on-one counseling, and calls for further research into the dose-response curve for advertising. As Farley explains, “[S]tudies suggest that smoking cessation or smoking prevalence rates can be changed populationwide by television ads shown at a dose of approximately 10,000 Gross Ratings Points (GRPs) per year,” meaning that “the average person is exposed to 100 ads.” The editorial also suggests that similar large-scale campaigns can be used to effectively counter sugar-sweetened beverage marketing. “Mass media messages, seen repeatedly by high percentages of…
People for the Ethical Treatment of Animals Inc. (PETA) has filed a lawsuit against Whole Foods Market claiming the grocery chain’s “5-Step® Animal Welfare Rating System” is a “sham” because Whole Foods fails to enforce the program against its chicken, turkey, pork and beef suppliers. PETA v. Whole Foods Mkt., Inc., No. 15-4301 (N.D. Cal., filed September 21, 2015). The complaint asserts that “the entire audit process for Whole Foods’ animal welfare standards is a sham because it occurs infrequently and violations of the standards do not cause loss of certification. Indeed, a supplier can be out of compliance for multiple years without losing its certification.” Further, the certification standards “barely exceed common industry practices, if at all.” The complaint coincides with an investigative report from PETA that purportedly exposes several program violations at a Pennsylvania pig farm that supplies to Whole Foods. “‘Humane meat’ is a myth that dupes…
Gosling Brothers Ltd. has filed a complaint against Pernod Ricard USA, maker of Malibu Island Spiced Rum®, alleging that a recipe on the Malibu website violates Gosling’s “Dark ‘N Stormy” trademarks. Gosling Bros. Ltd. v. Pernod Ricard USA, No. 15-13360 (D. Mass., filed September 15, 2015). Gosling holds five trademarks for “Dark ‘N Stormy” in the categories of wine and spirits, bar services and clothing to protect a cocktail recipe and a premixed cocktail drink composed of Gosling’s Black Seal Rum and ginger beer. The Malibu website, the complaint alleges, offers a recipe for a “Dark N’ Stormy” drink composed of Malibu Island Spiced Rum®, ginger beer, bitters and a lime wedge along with a video instructing how to make the cocktail. The complaint further alleges that a similar recipe for a “Black Stormy” cocktail uses similar ingredients but replaces the Malibu Island Spiced Rum® with Malibu Black Rum®. Gosling…
A Chilean appellate court has ruled that the nation’s National Fisheries and Agricultural Services must issue its data about antibiotics in Chilean salmon, which revealed that 50 salmon firms jointly used 450.7 metric tons of antibiotics in 2013. Chile’s Council for Transparency previously refused to release the information to conservation organization Oceana, arguing that the disaggregated data could be used against individual companies. The court disagreed, reportedly ruling, “The reasons given by the claimed party to refuse the requested information are not consistent with what establish the applicable regulations.” The report comes months after Costco Wholesale Corp. announced it would reduce the proportion of its salmon stock from 90 percent Chilean salmon to 40 percent in favor of salmon from Norway, whose fish-farming companies on average use lower amounts of antibiotics. See Fish Information & Services, September 11, 2015; Undercurrent News, September 21, 2015. Issue 579
Germany’s highest court has ruled that Swiss chocolatier Lindt & Sprüngli did not violate German confectioner Haribo’s trademark “Gold Bear” when it began selling a chocolate bear wrapped in gold foil in 2011. Haribo has produced Gold-Bear® gummy bears for several decades, which are sold in gold packages featuring a yellow bear wearing a red ribbon and bow tied around its neck. Lindt’s gold-clad chocolate bear also wears a red ribbon tied in a bow around its neck, styled after the company’s chocolate Easter bunny products. Haribo claimed in 2012 that consumers were likely to be confused by Lindt’s packaging; a trial court agreed, but an intermediate appellate court overturned the ruling. The Federal Court of Justice has affirmed the appellate ruling, reportedly saying in a German-language statement that it wants to avoid the danger of “product design monopolisation.” Information about Haribo’s 2012 complaint appears in Issue 462 of this…
A California state court has approved the settlement agreement in a lawsuit brought by the Center for Environmental Health (CEH) alleging that PepsiCo Inc. products contain levels of 4-methylimidazole (4-MEI) that exceed the limits imposed by the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Ctr. for Envtl. Health v. Pepsi Beverages Co., No. 14711020 (Cal. Super. Ct., order entered September 17, 2015). Under the settlement agreement, PepsiCo will pay $385,000 and must ensure by January 1, 2016, that its soft drinks sold in California contain levels of 4-MEI within the safe harbor limits set by Prop. 65. CEH initially filed a notice of violation with the California Office of the Attorney General in January 2012; details appear in Issue 427 of this Update. Meanwhile, the parties to a proposed class action alleging similar facts have agreed to stay the case until December 14, 2015, pending…
