The Food Safety Research Consortium (FSRC) has released a report titled Strong Partnerships for Safer Food: An Agenda for Strengthening State and Local Roles in the Nation’s Food Safety System, which recommends the creation of an “integrated food safety system that operates as a full partnership among federal, state and local agencies.” A collaboration among diverse research institutions, FSRC aims to develop “analytical and decision tools for devising research, regulatory, and educational interventions and making resource allocation decisions” related to food safety reform. This latest project involved the George Washington University School of Public Health and Health Services in partnership with the Association of Food and Drug Officials, Association of State and Territorial Health Officials, and National Association of County and City Health Officials. In addition to detailing the strengths and weakness of the current system, the report makes 19 recommendations designed to support the state and local agencies that…
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The British Court of Appeal has determined that “Regular Pringles,” a snack food made by Procter and Gamble, are subject to the value-added tax under a provision that applies to “potato crisps, potato sticks, potato puffs and similar products made from the potato, or from potato flour, or from potato starch.” Revenue & Customs v. Procter & Gamble UK, [2009] EWCA Civ 407 (Eng. & Wales Ct. App. (Civ. Div.), decided May 20, 2009). Foods are generally not taxed in Britain, but an exception has been carved out for “food not normally bought primarily for nutrition but eaten as snacks.” The question before the court was whether the Pringles chips, with just 42 percent potato flour content, are “similar to potato crisps and made from the potato.” The company apparently argued that products subject to the tax should be made from 100 percent potato or near 100 percent, to give the…
According to news sources, a bottled water industry trade association and several companies that produce bottled water have sued New York in federal court seeking to overturn an amendment to the state’s Returnable Container Act imposing a 5-cent deposit on water bottles. Int’l Bottled Water Ass’n v. Paterson, No. 09-4672 (S.D.N.Y., filed May 19, 2009). The original law, reportedly adopted in 1982, was intended to encourage recycling and reduce litter and waste. Currently applying to bottles and cans containing soft drinks, beer and wine coolers, the 5-cent-per-container charge can be recovered by consumers who return their empty cans and bottles to the retailer. The deposit for water bottles containing flavored water, vitamin water and artificial sweeteners becomes effective June 1, 2009. An exception is made for bottled water products with sugar. While the plaintiffs are not apparently challenging the law’s sustainability goals, their lawsuit takes issue with its new labeling…
A federal magistrate in Colorado has consolidated two lawsuits that address whether Aurora Dairy Corp.’s insurers are required to defend or indemnify the organic dairy in a host of consumer class actions alleging that the company falsely certified its milk as organic. ACE Am. Ins. Corp. v. Aurora Organic Dairy Corp., No. 08-1236 (D. Colo., order entered May 20, 2009). The putative class actions, consolidated before a multidistrict court in Missouri, claim that Aurora’s milk products do not conform to organic standards, citing a U.S. Department of Agriculture report that purportedly found shortcomings in Aurora’s organic operations. Among other matters, the claimants seek disgorgement for unjust enrichment. Aurora sued Nationwide Agribusiness Insurance Co. seeking a declaration that the insurer was required to defend it in at least one of the pending class actions. The dairy also sued for bad faith, breach of contract and related claims. A group of insurers…
The U.S. Department of Agriculture (USDA) has announced plans to reestablish the Fruit and Vegetable Industry Advisory Committee charged with examining the array of issues faced by the industry and providing suggestions on ways that USDA can tailor its programs to better meet the industry’s needs. A minimum of 25 committee slots need to be filled for two-year terms. Written nominations must be received on or before July 1, 2009. See Federal Register, May 18, 2009.
The U.S. Department of Agriculture (USDA) has launched a website designed to inform and welcome input about President Barack Obama’s Food Safety Working Group. The group, chaired by the secretaries of USDA and the Department of Health and Human Services, is charged with upgrading food safety laws for the 21st century, fostering coordination throughout government, and designing and enforcing laws to keep the American people safe.
U.S. Senator Tom Harkin (D-Iowa) and U.S. Representative Rosa DeLauro (D-Conn.) have introduced companion bills (S. 1048 and H.R. 2426) that would amend the Federal Food, Drug and Cosmetic Act “to extend the food labeling requirements of the Nutrition Labeling and Education Act of 1990” to standard menu items offered at large chain restaurants. Known as the MEAL Act, the bills would require restaurants with “20 or more locations doing business under the same name” to display “in a prominent location on the menu” the amount of calories, saturated fats, trans fats, carbohydrates, and sodium contained in each menu item. The legislation asserts that “the provision of nutrition information for away-from-home foods has a positive influence on food purchase decisions,” thus enabling consumers to “manage their weight and reduce the risk of, or manage, heart disease, diabetes, and high blood pressure, which are the leading causes of death, disability, and…
The U.S. Senate has reportedly voted unanimously to confirm former New York City Health Commissioner Margaret Hamburg, M.D., as commissioner of the Food and Drug Administration (FDA). A physician with expertise in bioterrorism and pandemics, Hamburg told the Senate Committee on Health, Education, Labor & Pensions that she intends to address the agency’s food safety record and possibly tighten tobacco regulations. See Bloomberg.com, May 18, 2009; The New York Times and FoodNavigator-USA.com, May 20, 2009.
President Barack Obama (D) has released a memorandum to the heads of executive departments and agencies instructing them to “include statements of preemption in regulations only when such statements have a sufficient legal basis.” Under the Bush administration, a number of health and safety agencies, including the Food and Drug Administration, often placed such statements in a regulation’s preamble, attempting to prevent those injured by the consumer products subject to the regulation from bringing state-law based product-liability litigation against manufacturers. Acknowledging the previous practice, the memorandum indicates that its purpose “is to state the general policy of my Administration that preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption. Executive departments and agencies should be mindful that in our Federal system, the citizens of the several States have…
The Center for Science in the Public Interest (CSPI) has launched a campaign to halve the amount of sodium in prepackaged foods and restaurant meals within 10 years. CSPI Executive Director Michael Jacobson this week presented the group’s case to the U.S. Senate Finance Committee, claiming that “Because it raises blood pressure and increases the risk of hypertension, heart attacks and kidney disease, salt is arguably the most harmful ingredient in our food supply.” According to Jacobson, “Gradually reducing sodium levels in packaged and restaurant foods by half would ultimately save an estimated 150,000 lives and billions of dollars annually.” Jacobson’s testimony underscored a concurrent CSPI exposé on restaurant meals that contain more than 4,000 mg of sodium per plate. The consumer advocacy group apparently examined meals at 17 restaurant chains, finding that “85 out of 102 meals had more than a day’s worth of sodium, and some had more…
