Category Archives Issue

The Campaign for a Commercial-Free Childhood (CCFC) and Corporate Accountability International (CAI) published an April 25, 2014, letter to U.S.Department of Agriculture (USDA) School Programs Branch Chief Julie Brewer, criticizing a proposed rule that would require schools “to implement policies for the marketing of foods and beverages on the school campus during the school day consistent with nutrition standards for Smart Snacks.” According to the letter, the proposal not only gives a “green light” to food marketing in schools, but “opens the floodgates for many other types of marketing in schools.” Claiming that “the commercialization of childhood is linked to a host of problems facing children today that extend well beyond the consumption of unhealthy foods,” CCFC and CAI have asked USDA to acknowledge that “commercial-free school environments are preferable to those that allow marketing.” The letter also takes issue with the agency’s “Smart Snacks” program, alleging that the nutrition…

The Environmental Working Group (EWG) has issued its 2014 Shopper’s Guide to Pesticides in Produce, which ranks pesticide contamination in “48 popular fruits and vegetables based on an analysis of more than 32,000 samples tested by the U.S. Department of Agriculture [USDA] and the federal Food and Drug Administration [FDA].” Apples topped this year’s annual “Dirty Dozen™” list of most pesticide-contaminated produce for the fourth year. Other fruits and vegetables in the Dirty Dozen include strawberries, grapes, celery, peaches, spinach, sweet bell peppers, imported nectarines, cucumbers, cherry tomatoes, potatoes and imported snap peas. Kale, collard greens and hot peppers were highlighted in a section called “Dirty Dozen-Plus™,” as items “frequently contaminated with insecticides that are particularly toxic to human health.” Avocados topped this year’s “Clean Fifteen™” list—fruits and vegetables with the least amount of residues, with only 1 percent showing any detectable pesticides. Other items on that list include corn, pineapples, cabbage, frozen sweet…

The World Health Organization (WHO) has published its first global report on antimicrobial resistance, warning that the threat has spread to every region in the world and is attributable, in part, to inappropriate use of antibiotics in animal husbandry. Among the report’s key findings are (i) “standard treatments no longer work”; (ii) “infections are harder or impossible to control”; (iii) “the risk of the spread of infection to others is increased”; (iv) “illness and hospital stays are prolonged, with added economic and social costs”; and (v) “the risk of death is greater—in some cases, twice that of patients who have infections caused by non-resistant bacteria.” According to the report, even “last resort” antibiotics have become ineffective in certain populations. The report also discusses information gaps, noting that surveillance of antimicrobial resistance “is neither coordinated nor harmonized.” To address the issues identified, WHO is developing a global action plan that will…

The University of California Davis, has reportedly filed a motion in California state court to dismiss the breach of contract suit that the California Strawberry Commission filed in October after it learned that the university may stop breeding and selling strawberry germplasm to farmers. UC Davis has developed and sold its strawberry germplasm at low royalty rates to the commission for several decades through a research program headed by two professors. According to the commission’s complaint, the professors announced their intention to resign in 2012 and take their research to a private company, raising the cost of royalties and limiting the sales to select strawberry growers, and as a result, the university notified the commission of its intention to shutter the program. In its complaint, the commission argued that its growers have directly funded the university program, so they are entitled to receive the new strawberry varieties that the professors…

A federal magistrate in Florida has decided that the opinion proffered by the plaintiffs’ expert in litigation challenging “brain health” marketing claims for algal-derived DHA Omega-3 fortified milk products is unreliable, thus granting the defendant’s motion to exclude it. In re Horizon Organic Milk Plus DHA Omega-3 Mktg. & Sales Practices Litig., MDL No. 12-2324 (S.D. Fla., order entered April 28, 2014). The ruling affects claims brought by consumers in six states alleging that the defendant violated state laws by falsely claiming that the DHA in its products “Supports Brain Health” and “Supports a Healthy Brain,” and that “competent, scientific evidence shows that these claims are false.” While the court found that most of the defendant’s arguments in support of exclusion went to the weight of the testimony rather than its admissibility, it agreed that the expert failed to show how small studies involving 49 women and 658 children in the…

The Chicago City Council has reportedly passed, 36-10, a ban on plastic bags at chain stores (i.e., at least three locations with the same owner) beginning in August 2015 for those larger than 10,000 square feet and August 2016 for smaller establishments. The prohibition follows several months of debate on the measure, with environmental advocates contending that the ban will reduce the number of bags littering the city and store owners arguing that more expensive paper bags will lead to higher prices. See Chicago Tribune, April 30, 2014.   Issue 522

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued an updated table of available hazard identification documents or materials for chemicals considered or reconsidered for listing by the state’s qualified experts—that is, the Carcinogen Identification Committee and Developmental and Reproductive Toxicant Identification Committee—from 1996 to April 2014. The table contains links to materials on chemicals such as Bisphenol A, phthalates, MTBE, and sodium saccharin, and indicates when they were listed or de-listed.   Issue 522

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has reported that the Office of Administrative Law approved regulatory amendments that “clarify the qualifications for appointment to the Carcinogen Identification Committee and Developmental and Reproductive Toxicant Identification Committee, and remove redundant language regarding required financial disclosures.” These committees review chemicals for potential listing as known to the state to cause cancer or reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986. Additional information about the amendments, which take effect July 1, 2014, appears in Issue 501 of this Update. See OEHHA News Release, April 29, 2014.   Issue 522

A California Senate bill (S.B. 1000) that would require warning labels on sodas and other sugar-sweetened beverages (SSBs) was put on hold April 28, 2014, over concerns about enforcement costs of the legislation. In a 6-0 vote, the Senate Appropriations Committee referred the bill to its suspense file, which means it will be reconsidered after the state budget has been prepared. Introduced in February by Sen. Bill Monning (D-Carmel), the bill would require labels warning of obesity and diabetes risks on all beverages with added sweeteners, including soda, tea, juice, and almond/rice/soy milk products, that have 75 or more calories per 12 ounces. Labels would also be required on self-serve soda dispensers and restaurant menus. According to news sources, the California Department of Public Health expects to incur between $150,000 and $300,000 in costs to adopt regulations to implement the bill and to allow local agencies to enforce its provisions. Further,…

The U.S. Department of Agriculture's Food Safety and Inspection Service and the Food and Drug Administration have announced a June 18, 2014 public meeting in Washington, D.C., to provide information and receive comments on agenda items and draft U.S. positions for discussion during the 37th Session of the Codex Alimentarius Commission in Geneva, Switzerland, July 14-18, 2014. Agenda items include (i) proposed amendments to the procedural manual;(ii) amendments to Codex standards and related texts; (iii) proposals for theelaboration of new standards and related texts and for the discontinuation of work; (iv) matters referred to the Commission by Codex committees and task forces; (v) the Commission’s 2014-2019 strategic plan; and (vi) relations between the Commission and other international organizations. See Federal Register, April 30, 2014.   Issue 522

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