Eurojust, with Italian and Serbian national authorities, has arrested nine suspects allegedly perpetrating a "transnational large-scale fraud in the production and trade of allegedly organic food and beverages from rotten apples." The apples were apparently used to create juice, jams and other canned food products adulterated with "mycotoxins and other toxic chemical substances, unsuitable for human consumption and dangerous for public health." The products were "refined with water and sugars, and falsely labelled and promoted as organic products of European origin."
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The U.S. Department of Agriculture (USDA) has released guidance on meal kits requiring inspection by the agency's Food Safety and Inspection Service (FSIS). The guidance indicates that meal kits do not require assembly subject to FSIS inspection if (i) the "meat or poultry component is prepared and separately packaged under FSIS inspection and labeled with all required features"; (ii) the "outer kit label identifies all of the individual components in the kit"; and (iii) the "outer kit label clearly identifies the product as a single unit or 'kit,' such as 'Chicken BBQ Dinner Kit' and 'Beef Lasagna Meal.'"
A New Zealand pizza restaurant is reportedly under investigation after it sold 3,000 "Burger Pizzas" that only featured a plant-based meat substitute rather than animal-derived meat. The company marketed the pizza topping as a "medium rare burger patty," and a company manager apparently asserted to the BBC that the description was accurate on its face. Many consumers seemed to respond negatively, noting that the stunt could have triggered allergies because of the lack of proper ingredient disclosure. The manager reportedly told BBC, "If covertly adding meat-free options onto a pizza encourages more people to be open-minded, we're happy to do that."
Children's Health Defense, an organization founded and chaired by Robert F. Kennedy, Jr., has filed a lawsuit alleging that Beech-Nut Nutrition Co. misrepresents its baby-food products as "100% natural" despite containing pesticide residues. Children's Health Def. v. Beech-Nut Nutrition Co., No. 2019 CA 4475 (D.C. Super. Ct., filed July 8, 2019). The organization alleges that Beech-Nut markets its products as "100% natural," which the company website apparently defines as "simple, all-natural ingredients from places that nurture their fruits and vegetables and care about their quality. We never use artificial preservatives—nobody really needs modified starch, salt or harsh spices, especially babies. … We're not a fan of pesticides; our internal standards are significantly stricter than federal requirements." The complaint asserts that an independent laboratory tested the products and found pesticide residues in several varieties. The organization alleges a cause of action under the District of Columbia Consumer Protection Procedures Act and…
The Scotch Whisky Association has filed a lawsuit alleging that the name of Virginia Distillery Co.'s Virginia-Highland Whisky misleads consumers into believing the alcohol beverage is a product of Scotland. Scotch Whisky Ass'n v. Va. Distillery Co., No. 19-1264 (D. Del., filed July 8, 2019). The complaint asserts the Virginia Distillery Co. product is described as "Whisky from Scotland married with Virginia Whisky," allegedly violating federal regulations prohibiting the use of "words commonly associated with Scotland to designate any product not wholly produced in Scotland," including "Highland" and "Highlands." The association seeks an injunction, a recall, fees and costs for allegations of false advertising, unfair competition and deceptive trade practices.
French researchers have published a study in BMJ purportedly finding that the consumption of sugar-sweetened beverages (SSBs) "was significantly associated with the risk of overall cancer" while the "consumption of artificially sweetened beverages was not associated with the risk of cancer." Chazelas et al., "Sugary drink consumption and risk of cancer: results from NutriNet-Santé prospective cohort," BMJ, July 10, 2019. The researchers tracked the SSB consumption—including soft drinks, syrups, juices, hot beverages, sports drinks and energy drinks—of 101,257 participants through "repeated 24 hour dietary records" for periods between five and nine years. The results apparently showed that an increased consumption of 100% fruit juice "was positively associated with overall cancer rate" while the "association between sugar sweetened soda specifically and cancer rate was borderline non-significant." BMJ also published an opinion piece responding to Boris Johnson's assertion that he may review the effectiveness of U.K. SSB and other "stealth sin" taxes…
Bloomberg has published an article on companies looking to create dairy products from laboratory-grown whey that could compete with the livestock-derived whey that sold an estimated $10 billion in 2018. One featured start-up, Perfect Day, reportedly asserted that "its proteins require 98% less water and 65% less energy than that required to produce whey from cows" but the company must overcome "consumer squeamishness and regulatory reviews that may end up focusing more on the genetically modified organisms [GMO] used to make lab-grown whey." Perfect Day "wants to rebrand microbes used in food—yeast, fungi, bacteria—as flora, a more consumer-friendly term," Bloomberg reports, to attract vegans who may avoid something labeled "milk protein" and other consumers who may skip products described as "lab-grown" on the label. "We are trying to explore how we can get a term for this industry that's outside of plant-based," one of the founders reportedly told Bloomberg. "Something…
The Scotch Whisky Association (SWA) will allow distillers to use a variety of casks—including those previously used to age tequila and fruit spirits—to age Scotch whisky during its required three-year maturation, according to the Wall Street Journal. Regulations previously limited acceptable casks to those previously used to hold sherry, cognac, bourbon or port. Some distillers told the news outlet that the change would allow companies to create "new flavor experiences" for Scotch whisky drinkers, while others expressed apprehension. "Scotch needs to be judged by its color, taste and traditionality," a former chief executive of the SWA told WSJ. "Clearly if you then had a whisky that tasted of tequila—if it used an ex-tequila cask—it would not be a Scotch whisky."
Seeking to obtain information on the ingredients in LaCroix, Consumer Reports apparently discovered that National Beverage Corp. had failed to obtain a permit sell its products in Massachusetts, which requires the submittal of water-quality tests. Consumer Reports notes, "The situation reveals an unusual quirk of food safety regulations: Federal and state regulations typically treat artificially carbonated waters—including club soda, tonic water, seltzer, and sparkling water—differently than bottled water. (Sparkling mineral water, which is naturally carbonated and contains natural minerals, is regulated like bottled water.) And even in states that have added oversight of those fizzy waters, there's apparently occasional slip-ups in enforcement." The article, originally published June 18, 2019, was updated on June 26 to reflect that National Beverage Corp. announced it had obtained the permit required to sell LaCroix within Massachusetts.
A California federal court has dismissed with prejudice a lawsuit alleging that Trader Joe's Co.'s "pure manuka honey" was "adulterated by the inclusion of cheaper honey." Moore v. Trader Joe's Co., No. 18-4418 (N.D. Cal., entered June 24, 2019). The court's decision notes a transcript from oral argument in which the plaintiff explained, "[T]here could be other flowers in the immediate area where the manuka flowers are. So the bees are not just going to the manuka flowers. They are going to the clover flowers. They are going to the … dandelions and they are all coming back to - to store the nectar in the same hive and so it's already adulterated when it gets into the hive." "In sum, Plaintiffs clarified that their adulteration theory is premised on the bees visiting different floral sources and returning to the hive resulting in a lower manuka pollen count, rather than…
