A federal court in Illinois has dismissed claims that companies failing to disclose that the fiber in their snack-bar and yogurt products is “non-natural” chicory root-based inulin, which allegedly lacks the same health benefits as “natural” fiber, have violated state consumer fraud laws. Turek v. General Mills, Inc., No. 09-7038 (N.D. Ill., decided September 1, 2010). According to the court, the plaintiff’s claims are expressly preempted by the federal Nutritional Labeling and Education Act (NLEA) because they would impose requirements under state law that are not identical to federal law requirements. The products at issue are labeled with statements about the percent of daily fiber they contain or grams of fiber provided per serving. Discussing the application of preemption provisions in various federal laws, the court also sets out all of the federal regulations pertaining to fiber in foods. The court concludes, “plaintiff wants to change the labeling on defendants’…
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The Eighth Circuit Court of Appeals has affirmed the dismissal of one defendant and several claims in multidistrict litigation (MDL) alleging that a dairy certified as organic and the retailers selling its milk violated state deceptive trade practices laws because the dairy did not comply with national organic program standards. In re: Aurora Dairy Corp. Organic Milk Mktg. Sales Practices Litig., No. 09-2762 (8th Cir., decided September 15, 2010). While finding express and conflict preemption as to those matters dismissed, the court also determined that some claims could survive, depending, on remand, how the district court rules on defendants’ motions to strike the consolidated class complaint and the plaintiffs’ motion to amend that complaint. Dismissed outright from the 19 consolidated putative class actions was the company that certified Aurora Dairy as an organic supplier. According to the court, “to the extent state law permits outside parties, including consumers, to interfere…
Canadian health ministers reportedly met in St. John’s, Newfoundland, to discuss several health initiatives, including a plan to reduce the daily recommended intake of sodium to 2,300 mg from 3,400 mg by 2016. According to a September 14, 2010, press release issued by Alberta Health and Wellness Minister Gene Zwozdesky, government officials in attendance considered (i) “a framework for action to promote healthy weights (including reducing childhood obesity)”; (ii) “a commitment to make marketing healthy foods for children a priority”; and (iii) “supporting the call of Canadian Premiers for everyone to lower their personal sodium intake (including encouraging the food industry to meet voluntary targets for sodium reduction in prepared and packaged foods).” The ministers have reportedly accepted the new target sodium levels, which were the subject of closed-door meetings with Canadian Health Minister Leona Aglukkaq. “Our interim goal is to see the Canadian populations reduce their average sodium intake…
The Belgian Presidency of the Council of the European Union (EU) has issued five regulatory proposals to respond to consumer and safety needs regarding nanomaterials found in mass-produced consumer products including food, electronics and cosmetics. During a recent workshop in which representatives from 12 member states met to prepare for a regulatory review of nanomaterials by the end of 2011, Belgian officials proposed that the EU (i) “define the obligation to inform the consumer of the presence of nanomaterials in consumer products”; (ii) “ensure the traceability of the chain so as to be able to return to the source, if necessary” by maintaining a nanomaterials register; (iii) “identify the most appropriate regulatory path at the EU level for risk evaluation and management,” (iv) “encourage member states, during this transitory period, to take up the responsibility and draw up integrated national strategies and concrete measures in favor of risk management, information and…
First Lady Michelle Obama recently urged restaurants to offer healthier fare to help reduce “obesity-related conditions” in the United States. Speaking before the National Restaurant Association on September 13, 2010, Obama said “that while restaurants are offering more options and families take advantage of them more often, they aren’t always the healthiest choices.” Asserting that Americans spend half of their food dollars for meals outside the home, she reportedly called on restaurants to use “creativity to rethink the food you offer, especially dishes aimed at young people.” She suggested substituting wheat pasta for white pasta, cutting the amount of butter or cream, serving 1 percent or skim milk, and offering healthy side dishes like apple slices or carrots as the “default” menu choice. Obama also urged restaurants to actively promote healthy foods to children. “It’s not enough just to limit ads for foods that aren’t healthy,” she said. “It’s also…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced that the National Advisory Committee on Meat and Poultry Inspection (NACMPI) will hold a public meeting on September 29-30, 2010, in Washington, D.C., to review issues pertaining to data collection, analysis, response and transparency, and pre-harvest food safety controls. The committee includes individuals from consumer groups; producers and processors; marketers from the meat, poultry and egg-product industries; government officials; and members of academia. Comments on topics discussed at the meeting must be submitted to FSIS by October 18. See Federal Register, September 16, 2010.
U.S. Senator Patrick Leahy (D-Vt.) has introduced a bill (S.3767) that would “hold violators of food safety standards accountable for their crimes.” The Food Safety Accountability Act would establish a new offense in the criminal code by making it unlawful for any person to knowingly introduce or deliver tainted or mislabeled food into the nation’s food supply. Among other things, it would allow federal prosecutors to seek prison sentences of up to 10 years. The proposal has been referred to the Senate Judiciary Committee.
A U.S. Government Accountability Office (GAO) report to Congress has concluded that perchlorate, which interferes with iodine uptake and poses potential effects on fetal and infant brain development and growth, is ubiquitous in the nation’s water and food supply. The chemical is a product of both man-made processes, occurring in rocket fuel, explosives and fireworks, and atmospheric processes. It can be found in drinking water, ground water, surface water, soil and sediment and has been detected in 74 percent of foods tested, with the highest levels in tomatoes and spinach. GAO was apparently asked to learn what is known about the extent of perchlorate in water and food supplies, its likely sources, actions federal agencies have taken to respond to or reduce perchlorate releases, and state regulatory actions. The report, titled “Perchlorate: Occurrence is Widespread but at Varying Levels; Federal Agencies Have Taken Some Actions to Respond to and Lessen…
The Food and Drug Administration (FDA) recently issued a warning letter to the New York-based manufacturer of “Magic Power Coffee,” a product that purportedly contains the active ingredient used in erectile dysfunction medications. According to the letter, INZ Distributors, Inc., has marketed the coffee as a conventional food despite the presence of hydroxythiohomosildenafil, an analogue of sildenafil that is a phosphodiesterase type 5 inhibitor “well known to have an effect on the structure or function of the body.” The company has also included instructions to use its product “approximately 30-45 minutes prior to engaging in sexual intercourse.” On the basis of the synthetic active pharmaceutical ingredient and these labeling claims, FDA has concluded that “Magic Power Coffee” is not primarily consumed “for its taste, aroma or nutritive value.” The agency has thus deemed the product an unapproved new drug and a misbranded drug in violation of the Food, Drug, and…
The Corn Refiners Association has petitioned the Food and Drug Administration (FDA) “to allow manufacturers the option of using ‘corn sugar’ as an alternative name for high fructose corn syrup.” The trade group contends that the public is confused about what the sweetener is and that “‘corn sugar’ succinctly and accurately describes what this natural ingredient is and where it comes from—corn.” According to an association press release, “Contrary to widespread consumer belief, high fructose corn syrup—a safe and affordable natural sweetener found in many popular products on grocery shelves—is not high in fructose when compared with other commonly used nutritive sweeteners, including table sugar, honey and fruit juice concentrates.” Food industry critics immediately responded to news about the petition by claiming those who produce high-fructose corn syrup (HFCS) are less concerned about “epidemic rates of obesity, diabetes and corn allergies” than they are about “a 20 year low in…
