Consumer organization Public Citizen has filed a citizen petition with the Food and Drug Administration (FDA) challenging its policy of instructing staff, when responding to requests under the Freedom of Information Act (FOIA), to not consider “minor deletions,” which can be up to 20 percent of the responsive documents, as a partial FOIA denial that would trigger a requester’s right to an administrative appeal. Public Citizen specifically requests that FDA revoke 21 C.F.R. § 20.49(d) which states, “Minor deletions of nondisclosable data and information from disclosable records shall not be deemed a denial of a request for records.” The organization also asks the agency to revoke parts of its staff manuals. According to the petition, more than 20 years ago, the General Accounting Office (now the Government Accountability Office) (GAO) “urged FDA to rescind its deletions regulation and a similar policy on ‘minor deletions’” because it violates FOIA. Attached to…
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The Federal Trade Commission (FTC) has reopened the comment period for its October 2, 2012, workshop on competition and consumer protection issues in the pet medications industry. The commission is “seeking the views of consumers, veterinarians, pharmacists, manufacturers, business representatives, economists, lawyers, academics, and other interested parties” submitted by November 1, 2012. FTC’s workshop agenda includes discussions on how pet medications are distributed to consumers and “how these distribution practices affect consumer choice and price competition.” See FTC News Release, September 19, 2012.
Researchers with Yale University’s Rudd Center for Food Policy and Obesity have published a study purportedly assessing the effectiveness of “major obesity public health campaigns from the United States, the United Kingdom and Australia.” R. Puhl, et al., “Fighting obesity or obese persons? Public perceptions of obesity-related health messages,” International Journal of Obesity, September 2012. After showing a random selection of 10 obesity-related messages to “a nationally representative example of 1014 adults,” the study’s authors reported that participants responded most favorably “to messages involving themes of increased fruit and vegetable consumption, and general messages involving multiple health behaviors.” In particular, those messages that made no mention “obesity” but instead focused on general behaviors and empowerment were rated as more motivating by surveyed adults, while campaigns that “implied personal responsibility and blame… received the more negative/less positive ratings among participants.” “This suggests that messages intended to motivate individuals to be healthier…
A new study in which Wistar rats were exposed to bisphenol A (BPA) through drinking water from gestation through puberty purportedly shows that “behavioral impacts of BPA can manifest during adolescence, but wane in adulthood, and may be mitigated by diet.” Heather Patisaul, et al., “Anxiogenic Effects of Developmental Bisphenol A Exposure Are Associated with Gene Expression Changes in the Juvenile Rat Amygdala and Mitigated by Soy”, PLoS One, September 5, 2012. The rats were reared on a soy-based or soy-free diet, and the changes observed were associated only among those on the soy-free diet. The animals, which were found on assessment to have internal BPA doses “within a human-relevant range,” were assessed for anxiety-like and exploratory behavior after weaning but before puberty. According to the authors, “BPA induced anxiogenic behavior in juveniles and loss of sexual dimorphisms in adult exploratory behavior” in the soy-free animals.
A recent study has reportedly documented “lower cognitive performance and reductions in brain structural integrity” among adolescents with metabolic syndrome (MeTS), “thus suggesting that even relatively short-term impairments in metabolism, in the absence of clinically manifest vascular disease, may give rise to brain complications.” Po Lai Yau, et al., “Obesity and Metabolic Syndrome and Functional and Structural Brain Impairments in Adolescence,” Pediatrics, October 2012. Researchers with the New York University School of Medicine and the Nathan Kline Institute for Psychiatric Research apparently conducted cognitive testing on 111 adolescents with and without MeTS, concluding that those with metabolic syndrome “showed significantly lower arithmetic, spelling, attention, and mental flexibility and a trend for lower overall intelligence.” In addition, MRIs of the participants reportedly showed, “in a MeTS-dose—related fashion, smaller hippocampal volumes, increased brain cerebrospinal fluid, and reductions of microstructural integrity in major white matter tracts.” According to the report, these “alarming” findings imply that…
The U.K. Royal College of Pediatrics and Child Health (RCPCH) has issued a statement urging regulators to prohibit all TV advertising for foods high in sugar, fat or salt before the 9 p.m. watershed. Citing a 2003 Food Standards Agency review that allegedly measured the impact of food promotion on children, RCPCH President Hilary Cass reportedly said that the current regulations are too weak to protect young viewers from “commercial exploitation.” “Although they are trying to avoid junk food advertising around specific children’s program, you’ve still got it around soaps and other programs that children watch,” Cass was quoted as saying. “So the only realistic way to do it is to have no junk food advertising before the watershed in any programs at all.” RCPCH has endorsed the International Obesity Taskforce’s Sydney principles “for achieving a substantial level of protection for children against the commercial promotion of foods and beverages.”…
The Kellogg Co. has reportedly agreed to modify its “Froot Loops” cereal website following recommendations from the Children’s Advertising Review Unit (CARU), which called for better disclosure that advertising is present within the site’s games and activities. An “investigative unit of the advertising industry’s self-regulatory system . . . administered by of the Council of Better Business Bureaus,” CARU noted in a press release that “none of the 12 different games—all of which featured Fruit Loops cereal and/or Toucan Sam—disclosed the advertising within the games’ content.” It was evidently concerned that “children would not understand that the games promote the sale of Froot Loops and, to comply with CARU’s guidelines, should be clearly labeled as advertising.” The disclosures will apparently state “This is advertising from Kellogg’s.” See CARU News Release, August 27, 2012.
A recently published study involving transgenic rice has reportedly drawn criticism from Greenpeace China, which has accused U.S. researchers of using Chinese children “as guinea pigs in [a] genetically engineered ‘Golden Rice’ trial.” According to media sources, the advocacy group has cited a joint Chinese-U.S. study appearing in the August 2012 edition of the American Journal of Clinical Nutrition as evidence that scientists sidestepped authorities by allegedly feeding vitamin-enriched Golden Rice to 24 children without the required approvals. “It was actually back in 2008 that we first heard of this experiment and immediately informed the Chinese Ministry of Agriculture,” opined a August 31, 2012, Greenpeace China blog post that has since sparked a government investigation into the trial. “The Ministry came back and assured us no Golden Rice had been imported and the trial had been stopped—something that unfortunately appears not to be the case.” The study in question apparently examined…
A European Court of Justice panel has determined that a German winemaker may not, under European Union law, place labels on its bottles including the word bekömmlich (meaning digestible, wholesome or nourishing). Deutsches Weintor eG v. Land Rehinland-Pfalz, Case C 544/10 (E.C.J., decided September 6, 2012). According to the court, “[b]y highlighting only the easy digestion of the wine concerned, the claim at issue is likely to encourage its consumption and, ultimately, to increase the risks for consumers’ health inherent in the immoderate consumption of any alcoholic beverage. Consequently, the prohibition of such claims is warranted in light of the requirement to ensure a high level of health protection for consumers.” The matter returns to a German court for final ruling.
A New York resident has filed a putative class action in a California federal court seeking to recover damages allegedly sustained by pet owners whose dogs became sick after eating “Chinese Chicken Jerky.” Langone v. Del Monte Corp., No. 12-4671 (N.D. Cal., filed September 6, 2012). The plaintiff cites and quotes a number of items published on the Internet purportedly showing that the Food and Drug Administration had been warning, at least since 2007, that chicken jerky products could pose a threat to dogs. “Notwithstanding these warnings,” he claims, “Del Monte continued to market the product as being wholesome and Del Monte placed no warnings concerning their products on their packaging to date.” Seeking to represent a nationwide class of product purchasers, the plaintiff alleges violations of California’s Unfair Competition Law and False Advertising Law and breach of express warranty and implied warranty of merchantability under the Magnuson-Moss Warranty Act. He…
