The U.S. Department of Agriculture’s (USDA’s) Bee Research Laboratory has released the preliminary results of a survey estimating that honeybee colony losses nationwide “were approximately 29 percent from all causes from September 2008 to April 2009,” touching off speculation about the fate of the ubiquitous pollinator. Federal investigators reported that only 15 percent of all colonies lost during the 2008/09 winter apparently died of colony collapse disorder (CCD), leading USDA to emphasize “the urgent need for research” on general honeybee health. “It’s just gotten so much worse in the past four years,” USDA Research Leader Jeff Pettis was quoted as saying. “We’re just not keeping bees alive that long.” According to media sources, apiary experts have blamed the honeybee die-off on a combination of viruses, bacteria and pesticide residues. In particular, beekeepers have cited a March 19, 2010, study published in PLoS One that reportedly identified at least one systemic pesticide…
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The Institute of Medicine (IOM) has announced an April 9, 2010, open workshop to continue its review of front-of-package (FOP) nutrition rating systems and symbols. As tasked by the Food and Drug Administration and Centers for Disease Control and Prevention, IOM established a committee to evaluate and report on “the use of symbols, logos, and icons to communicate nutritional information on the front of food labels.” At the forthcoming open session, the committee will gather information on both international and domestic nutrition rating systems and symbols. Scheduled speakers include representatives from (i) the U.K Food Standards Agency (FSA), (ii) the American Heart Association, (iii) ConAgra Foods, the General Mills Bell Institute of Health & Nutrition and Unilever, and (iv) Texas A&M University, the University of Maryland, the University of Washington, and the Yale Prevention Research Center. In addition, New York University Professor Marion Nestle will address concerns about nutrition rating…
The European Union (EU) and Argentina have apparently reached an agreement in a dispute before the World Trade Organization (WTO) involving genetically engineered products and the application of biotechnology to agriculture. The agreement, which provides for the establishment of a regular dialogue on these issues, follows a similar agreement the EU struck with Canada, which, along with Argentina and the United States, challenged the EU’s legislation on biotech products. The WTO dispute settlement body previously found that the EU violated international agreements by applying a general de facto moratorium on the approval of genetically modified organisms (GMOs) from 1999 to 2003 and imposing undue delays on the approval of 23 product specific applications. The WTO also found that six member states failed to base their national safeguard measures on appropriate risk assessment. According to EU Trade Commissioner Karel De Gucht, “This is the second settlement regarding the WTO case on…
Old Republic Insurance Co. has filed a lawsuit in a New York state court, seeking a declaration that it is entitled to reimbursement for the costs it has incurred defending a company that distributed diacetyl and has been sued with other companies for personal injuries allegedly sustained from exposure to the butter-flavored chemical. Old Republic Ins. Co. v. The Travelers Indemnity Co., No. 10103533 (N.Y. Sup. Ct., filed March 18, 2010). According to the complaint, some 21 active lawsuits are currently pending against Old Republic’s insured, Citrus & Allied Essence, Ltd. The carrier claims that it has successfully defended the company for three years at a cost of more than $1 million in cases where other carriers, including one that is now insolvent, share coverage and defense responsibilities.
A New York resident has filed a putative class action against Diamond Foods, Inc. in a California federal court alleging that the company labeled its walnuts with false claims that “consumption of the omega-3 fatty acids in walnuts promotes heart health and lowers the risk of coronary heart disease.” Zeisel v. Diamond Foods, Inc., No. 10-1192 (N.D. Cal., filed March 22, 2010). The plaintiff seeks to certify a nationwide class of consumers who purchased the company’s shelled walnut products since March 19, 2006, and claims that he relied on the product labels to make his purchasing decision. The complaint alleges unlawful, unfair and fraudulent business practices; false advertising; violation of California’s Consumer Legal Remedies Act; and unjust enrichment. The plaintiff seeks an order certifying the class, restitution of either the amounts paid to purchase the products or the company’s profits from the transactions, an order enjoining further misleading advertisements, attorney’s…
The U.S. district court judge now presiding over the obesity-related claims in Pelman v. McDonald’s Corp. has ordered the parties to refile a number of documents previously submitted on motions addressing class certification. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., order entered March 24, 2010). Among the documents the court has requested are the defendant’s motion for an order striking the class allegations in plaintiffs’ second amended complaint and plaintiffs’ cross motion to certify a class and motion for an order further denying the defendant’s motion to strike. Filed in 2002 and appealed twice to the Second Circuit Court of Appeals, this litigation seeks damages for the obesity-related health conditions of teenagers who contend they were misled by fast food advertising. Claims that the food consumed in defendant’s restaurants caused the plaintiffs’ health problems are no longer in the case.
A federal court in Illinois has dismissed with prejudice the second amended complaint filed in putative class litigation alleging that a chicken processing company violated state consumer fraud and protection laws by selling its whole chickens with the extra giblets that it cannot sell with its cut-up chicken portions or as pet food. Nieto v. Perdue Farms, Inc., No. 08-07399 (N.D. Ill., filed March 17, 2010). According to the complaint, the defendant placed more than one heart, liver, gizzard, or neck in the whole chickens the company sold, thereby increasing the total weight of a whole chicken and “effectively forcing consumers to subsidize [defendant’s] costs of disposing of the extra giblets.” The named plaintiff also alleged that the company concealed its policy of including the extra offal when communicating with customers “through advertising generally and at the point of sale.” Finding that it had jurisdiction over the claims under the…
Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has scheduled an April 20, 2010, public forum on its proposal to list bisphenol A (BPA) as a reproductive toxin under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). The action was taken in response to a request for a public forum to present oral comments. OEHHA has also decided, in response to a request, to extend the written comment period on the proposal until May 13, 2010. Prop. 65 requires that businesses provide “clear and reasonable” warnings for exposures to listed chemicals before exposure and prohibits their discharge into drinking water sources. OEHHA has also announced that it will conduct an informal public workshop on April 14 to discuss proposed amendments to regulations that “set out the procedures and criteria for determining an exposure level where there would be no observable effect.” Under Prop. 65, warnings are…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced an April 7, 2010, public meeting to discuss draft U.S. positions for the 38th Session of the Codex Committee on Food Labeling (CCFL) slated for May 3-7, 2010, in Quebec City, Canada. Issues to be discussed include (i) “Labeling Provisions in Draft Codex Standards”; (ii) “Implementation of the WHO Global Strategy on Diet, Physical Activity, and Health,” which includes consideration of the “List of Nutrients That Are Always Declared on a Voluntary or Mandatory Basis,” and the legibility and readability of nutrition labeling; (iii) “Guidelines for the Production, Processing, Labeling and Marketing of Organically Produced Foods”; (iv) “Labeling of Foods and Food Ingredients Obtained through Certain Techniques of Genetic Modification/ Genetic Engineering”; and (v) “Discussion Paper on the Need to Amend the General Standard for the Labeling of Prepackaged Foods in Line with the International Organization of…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a proposed rule designed to enhance the safety of meat and poultry products. The proposal would require that regulated establishments (i) promptly notify FSIS if any unsafe, unwholesome or “misbranded meat or poultry product has entered commerce”; (ii) “prepare and maintain current procedures for the recall of meat and poultry products produced and shipped by the establishment”; and (iii) “document each reassessment of the establishment’s process control plans, that is, its Hazard Analysis and Critical Control Point plans.” According to a March 25, 2010, Federal Register notice, the proposed rule is needed because (i) “FSIS believes that prompt notification that adulterated or misbranded product has entered commerce is an important prerequisite for effective action to prevent such product from causing harm”; (ii) “having established procedures will help establishments to conduct effective and efficient recalls, should it be…
