The Farm Foundation recently hosted a public forum titled “The Future of Food Safety Regulation” to discuss agricultural, food and rural policies designed to revamp the current regulatory system. Held April 7, 2009, at the National Press Club, the forum featured a panel of experts that included Jim Hodges of the American Meat Institute, Carol Tucker Foreman of the Consumer Federation of America’s Food Policy Institute; Scott Horsfall of the California Leafy Greens Marketing Agreement; and Margaret Glavin, an independent consultant and former Food and Drug Administration (FDA) official. Glavin reportedly identified the global food market as “the single biggest challenge” facing U.S. agencies and recommended modernizing laws to promote a uniform approach to food safety. Noting the high cost of legislative proposals that would create one umbrella agency, Glavin instead argued for increased FDA funding and the authority to enforce import requirements and conduct overseas inspections. “Our regulations and…
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Investigative reporter Andrew Schneider has published an item on his blog about “popcorn lung” problems faced by workers in other industries, such as candy manufacturing, exposed to diacetyl, a butter-flavoring chemical. According to Schneider, five patients diagnosed with the sometimes-fatal lung disease worked at a now closed Brach’s candy plant in Chicago. While federal occupational health and safety inspectors cannot investigate conditions in a closed facility, International Brotherhood of Teamster’s officials are reportedly calling on them to inspect candy plants in Tennessee. The union is apparently concerned that workers outside the popcorn industry are also being exposed to disabling levels of diacetyl and are not aware of it. Schneider also reports that a trial against flavoring manufacturers began on April 6, 2009, for claims involving a woman who allegedly developed bronchiolitis obliterans while working at a plant that produced popular brands of popcorn. A physician who was expected to be…
A federal court in California has approved the settlement of class claims against Wendy’s International, Inc. involving its use of trans fats in fried food products. Yoo v. Wendy’s Int’l, Inc., No. 07-04515 (C.D. Cal., filed March 13, 2009). In its revised order and final judgment, the court overruled objections to the settlement, certified a nationwide settlement class and dismissed the complaint with prejudice. The defendant was ordered to add $450,000 plus interest to the $1.8 million already in an escrow account to be divided equally among the American Cancer Society, American Diabetes Association, American Dietetic Association, and American Heart Association. The court also ordered the defendant to ensure that its fried foods are cooked in oil containing a level of trans fat per serving that “can be represented as 0 grams of trans fat,” under Food and Drug Administration regulations. Wendy’s was further ordered to “pay for and subject its…
KFC U.S. Properties, Inc. has filed a lawsuit in federal court against the company that allegedly supplied defective food containers for the sale of Popcorn Chicken® to KFC customers; the containers apparently burst into flames when the product is reheated in a microwave. KFC U.S. Props., Inc. v. Paris Packaging, Inc., No. 09-00249 (W.D. Ky., filed April 3, 2009). According to the complaint, in February 2009, the defendant began using an ink with high carbon content for the graphics printed on the containers. After receiving customer complaints, KFC tested the containers and established that they “spontaneously combusted in a microwave within 13-20 seconds of reheating.” While no personal injuries have been alleged, the company is seeking damages in excess of $75,000 for breach of contract.
The Food and Drug Administration (FDA) has announced that U.S. marshals executed an inspection warrant at Westco Fruit and Nuts, Inc., in Irvington, New Jersey, after the company refused to recall its peanut products or provide access to distribution documents in the wake of the Salmonella outbreak involving peanuts from the Peanut Corp. of America (PCA). An FDA spokesperson said, “FDA’s enforcement action against Westco Fruit and Nuts is an appropriate step toward removing potentially harmful products from the marketplace, especially when, as in this case, a company is unwilling to share information FDA needs to ensure food safety. FDA uses all appropriate legal means necessary to obtain information and fully investigate firms or individuals who put the health of consumers at risk.” Apparently, Westco purchased oil-roasted and salted peanuts from PCA in November and December 2008. It sold them in various sizes and packages and used them as an…
The International Trade Commission (ITC) has reportedly ruled that Chinese manufacturers and U.S. distributors did not infringe the sucralose patents owned by Tate & Lyle. The ITC’s April 6, 2009, ruling affirms an administrative judge’s September 2008 preliminary ruling about the sweetener patents. More details about the case appear in issue 276 of this Update. According to a news source, Tate & Lyle is reviewing the latest determination and will decide whether appeals through the Federal Circuit Court of Appeals are feasible. Numerous sucralose competitors are apparently ready to try to break what has been characterized as Tate & Lyle’s near monopoly of the global $1.3 billion sucralose market. The company’s president called the ruling a disappointment, but, referring to the quality of its product and the efficiency of its manufacturing processes, was quoted as saying, “intellectual property is just one of the many components which define Tate & Lyle’s…
Companies that produce honey, mushroom, garlic, and crawfish products have filed a putative class action against major insurance companies and the U.S. government, alleging that the negligent issuance of customs surety bonds allowed the sale of massive quantities of competing, lower-cost Chinese products. Sioux Honey Ass’n v. Hartford Fire Ins. Co., No. 09-00141 (Ct. Int’l Trade, filed April 7, 2009). Filed in the U.S. Court of International Trade, the lawsuit claims that for eight years, insurers issued hundreds of the bonds to “thinly capitalized” and inexperienced shippers, guaranteeing the payment of any anti-dumping duties the government might decide were owed by U.S. importers for specific Chinese goods. The plaintiffs contend that the insurers failed to follow underwriting standards and thus issued bonds to importers posing an unacceptable risk of default. Had the insurers not issued the bonds to importers, “little if any of the imports that were secured by those bonds…
The Institute for Responsible Technology (IRT) has urged Governor Kathleen Sebelius (D-Kansas) to veto a bill passed by the Kansas Legislature on April 3, 2009, that restricts U.S. dairies from labeling their milk products free from genetically engineered bovine growth hormone (rbGH or rbST). Sebelius, who is vying to become the new U.S. Secretary of Health and Human Services, has until April 16 to veto the bill. According to the consumer advocacy group, which claims milk from hormone-treated cows can cause cancer, companies such as Wal-Mart, Starbucks and Dannon, and more than half of the nation’s top 100 dairies have committed to stop using rbGH in some or all of their products. The Kansas legislation would require all manufacturers that sell rbGH-free products in the state, including national brands, to add a large disclaimer on their packages stating that the hormone does not change the quality of the milk. See…
The Organic Trade Association (OTA) has announced that the United States and Canada have agreed to finalize negotiations on their organic equivalency standards before the new rule is implemented on June 30, 2009, to ensure trade continues uninterrupted. The new Organic Products Regulations will require all Canadian organic products to be endorsed by a certification body accredited by the Canadian Food Inspection Agency (CFIA). The rules were designed to create a nationwide standard for Canadian products but raised fears that products previously accepted as organic from other countries, including the United States, could be shut out if they did not comply. The U.S. final rule on national organic standards was fully implemented in October 2002 and is slightly different than the new Canadian regulation. An official of the OTA was quoted as saying, “Canadian consumers will definitely benefit from this, and will continue to enjoy quality year-round organic products from…
The Food and Drug Administration (FDA) has proposed delaying for 60 days a final rule titled “Substances Prohibited From Use in Animal Food or Feed,” which establishes “measures to further strengthen existing safeguards against bovine spongiform encephalopathy (BSE).” Scheduled to take effect April 27, 2009, the rule includes provisions that prohibit the rendering of spinal cords and brains from cows older than 30 months. Industry groups have reportedly requested additional time to arrange for alternative disposal methods, prompting the agency to consider pushing back the implementation date to June 26. FDA will accept comments on the proposed delay until April 16, 2009. See Federal Register, April 9, 2009.
