Sens. Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.) have sent a letter to the U.S. Food and Drug Administration (FDA) requesting an update to federal regulations on cannabidiol (CBD) to "give U.S. producers more flexibility in the production, consumption, and sale of hemp products." Wyden and Merkley urge FDA to answer a series of clarifying questions, including "What lawful pathways are currently available for those who seek approval to introduce Cannabis sativa L. and its derivatives as a food, beverages or dietary supplement, including into interstate commerce?" and "Are there circumstances in which Cannabis sativa L. and its derivatives may be permitted as a food, beverages or dietary supplement by the agency?" “Farmers in Oregon and nationwide are poised to make real economic gains for their communities once these regulations are updated,” a press release quotes Wyden and Merkley as saying. “We will be closely engaged in the ongoing implementation…
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Public Interest Research Group (PIRG) has published a report on food safety in the United States. The report finds an increase in food recalls since 2013 but acknowledges that systemic advances in food-safety issue detection may partly account for that increase. The authors make a number of policy recommendations, including (i) requiring food-production plants to address the most common pathogens in their safety plans; (ii) establishing "clear enforcement consequences for recurring violations of food safety protections or plans"; (iii) declaring antibiotic-resistant strains of Salmonella as "an adulterant in meat and poultry"; (iv) improving food traceability; (v) granting the U.S. Department of Agriculture "mandatory recall authority for contaminated food"; and (vi) penalizing companies that "continue to sell products after a recall."
The U.K. Advertising Standards Authority (ASA) has ruled that Red Bull Co. made unauthorized health claims about purported benefits of its energy drink on mental focus and concentration. The company's subway advertisement featured cartoon women in an office setting with the text "The Secret to Finishing Early." The ad referenced a consumer initiative encouraging workers to leave the office early one September 2018 day. "The ASA considered that while the ad’s tone was light-hearted, the scenario it presented of being overwhelmed or busy at work was one that would be familiar and relatable to consumers," the agency's assessment summary states. "While we understood that the ad was intended to be part of a marketing initiative aimed at encouraging consumers to improve their productivity and leave at 4 pm on a specific day, we considered that the penultimate line of the poem, '… to leap every hurdle a hectic day brings'…
Washington, D.C., brewery Atlas Brew Works has filed a First Amendment lawsuit and motion for preliminary injunction alleging that the federal government's partial shutdown has violated its right to speak because the Alcohol and Tobacco Tax and Trade Bureau has stopped issuing label approvals, causing beer production to halt. Atlas Brew Works v. Whitaker, No. 19-0079 (D.D.C., filed January 15, 2019). The complaint asserts that Atlas "sits on 40 barrels of seasonal, perishable beer—an apricot-infused India pale ale known as The Precious One—that it cannot lawfully label for interstate sale in kegs, as scheduled, for lack of a [Certificate of Label Approval (COLA)]." The brewery alleges that its speech—through labels—is essential to its business because it "cannot sell, and no one will purchase, random unidentified liquids." Atlas argues that its First Amendment rights have been violated because "it cannot be denied the right to speak for lack of meeting an…
The owner of a trademark on "Metchup" has filed an infringement suit alleging that H.J. Heinz Co.'s "Mayochup" is "confusingly similar" to his protected trademark. Perry v. H.J. Heinz Co. Brands, No. 19-0280 (E.D. La., filed January 14, 2019). The plaintiff has purportedly used the "Metchup" mark to sell his ketchup-mayonnaise and mustard-mayonnaise combinations since 2010, and he asserts that Kraft Heinz Co. has infringed on his trademark by using a mark that "bears a particularly strong phonetic similarity to Plaintiff's mark. Depending on pronunciation and/or regional dialect, the marks are virtually indistinguishable from one another." The complaint further cites Google search results for "metchup," which direct searchers to the Heinz website, as evidence that consumers are confusing the two marks. The plaintiff seeks an injunction, destruction of infringing materials, damages and attorney's fees for allegations of counterfeiting, trademark infringement, false designation of origin and violations of Louisiana's business codes.
A plaintiff has alleged that Food for Life Baking Co. Inc. misled consumers by advertising its cereal product, Ezekiel 4:9, as nutritionally superior to comparable cereal products because it is made with sprouted grains. Elliott v. Food for Life Baking Co. Inc., No. 19-0249 (E.D.N.Y., filed January 13, 2019). The complaint asserts that Ezekiel 4:9's labeling makes nutrient claims comparing its sprouted grains to non-sprouted grains without including "any reference food upon which the relative claims are based, which is misleading because there is no way to accurately evaluate the statements regarding the higher nutritional values of sprouted grains compared to non-sprouted grains." In addition, the complaint contests Ezekiel 4:9's assertion that the grains are a "living food" because "by the time the sprouted grain is dried, grounded into flour and heated, any nutritional benefits which may have existed have been extinguished." For allegations of fraud, negligent misrepresentation, unjust enrichment,…
A study in Nature Human Behavior has reportedly found that Americans who oppose the cultivation of genetically modified organisms (GMOs) believe themselves to be highly informed on the subject but lack knowledge of it. Fernbach et al., "Extreme opponents of genetically modified foods know the least but think they know the most," Nature Human Behavior, January 14, 2019. A survey of 501 Americans asked true/false questions about GMO technology and asked participants about their willingness to eat GMO foods, likelihood of participation in protests against them and belief in the necessity of GMO regulation. The researchers reportedly found that "as extremity of opposition to and concern about genetically modified foods increases, objective knowledge about science and genetics decreases, but perceived understanding of genetically modified foods increases."
A review of 56 observational studies and controlled trials has reportedly found "no compelling evidence" that non-sugar sweeteners (NSSs) cause positive or negative health effects. Toews et al., "Association between intake of non-sugar sweeteners and health outcomes: systematic review and meta-analyses of randomised and non-randomised controlled trials and observational studies," BMJ, January 2, 2019. Some of the studies included in the review showed minor benefits to promoting weight loss, while others found minor increases in blood glucose levels for subjects who consumed artificial sweeteners; the researchers found the evidence on both contentions to be weak when compared to similar studies. "For most outcomes, there seemed to be no statistically or clinically relevant difference between NSS intake versus no intake, or between different doses of NSSs," the researchers concluded. "No evidence was seen for health benefits from NSSs and potential harms could not be excluded."
A consumer has filed a putative class action alleging that Tootsie Roll Industries Inc. sold Tootsie Rolls and Tootsie Pops with partially hydrogenated oil (PHO) in 2016, after the U.S. Food and Drug Administration issued a rule declaring PHO unsafe for use in food. Beasley v. Tootsie Roll Indus. Inc., No. 18-7724 (N.D. Cal., filed December 26, 2018). The complaint focuses on the harms of PHO consumption, including elevated risks of diabetes, cancer, organ damage and cognitive decline. The plaintiff asserts that she "suffered physical injury when she repeatedly consumed the Tootsie Products, because consuming artificial trans fat in any quantity, including the quantity she actually consumed, inflames and damages vital organs and increases the risk of heart disease, diabetes, cancer, and death." For an alleged violation of California consumer-protection law and breach of implied warranty of merchantability, the plaintiff seeks class certification, restitution and attorney's fees.
A California federal court has granted preliminary approval to the proposed settlement of a lawsuit alleging Keurig Dr Pepper Inc. and Canada Dry Mott's Inc. misled consumers into believing that Canada Dry Ginger Ale was "Made from Real Ginger." Fitzhenry-Russell v. Keurig Dr Pepper Inc., No. 17-0564 (N.D. Cal., entered January 10, 2019). Under the settlement agreement, the company will pay $0.40 per product unit to class members, with a maximum of $40 for those with proof of purchase and $5.20 for those without. The plaintiff's attorneys may apply for up to $2.25 million in attorney's fees, and the class representative will receive $5,000.
