The Federal Trade Commission (FTC), continuing to challenge the merger of Whole Foods Market, Inc. with Wild Oats Markets, Inc, has reportedly indicated in court filings that it will seek a court order requiring Whole Foods to rename the Wild Oats stores that were changed into Whole Foods stores and rebrand them as Wild Oats. The FTC also apparently said that a trustee should be appointed to separately manage Wild Oats assets to preserve the status quo in the organic foods market until all legal proceedings have concluded. The $565 million merger has been completed, but the FTC convinced an appeals court in 2008 to allow the administrative antitrust proceedings to resume. Responding to the latest filing, Whole Foods reportedly stated, “Not only have they found us guilty before the final evidence is in, now they want to impose a burdensome remedy even before the first word of final evidence…
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The U.S. Supreme Court has denied a petition seeking review of a California Supreme Court ruling that allowed plaintiffs to pursue putative class claims alleging that grocery stores failed to inform California consumers about the artificial coloring used in the farm-raised salmon they sold. Albertson’s Inc. v. Kanter, No. 07-1327 (U.S., certiorari denied January 12, 2009). The retailers had asked the Court to find the claims preempted by the Food, Drug, and Cosmetic Act. The case should now proceed to trial. Food and Drug Administration regulations allow salmon farmers to augment the normally grayish pigment of farm-raised fish with chemicals, but also require that the use of coloring be indicated on product labels. Federal law does not allow individuals to enforce the law through litigation, but it does not, according to attorneys involved in the case, bar civil lawsuits for violations of state law. The litigation was brought on both federal and…
The NNCO has announced that a public forum will be held in Bethesda, Maryland, February 24-25, 2009, “to discuss the state-of-the-art of the science related to environmental, health, and safety aspects of engineered nanoscale materials in the area of human and environmental exposure assessment.” Workshop participants will also “discuss the path forward for addressing research needs in this area.” According to the notice, priority research needs that have been identified include (i) “characterizing exposure among workers,” (ii) “characterizing exposure to the general population from industrial processes and industrial and consumer products containing nanomaterials,” and (iii) “characterizing the health of exposed populations and environments.” NNCO has indicated that the information provided during the forum will be used to manage the National Nanotechnology Initiative’s environmental, health and safety research strategy. See Federal Register, January 15, 2009. Meanwhile, the Environmental Protection Agency’s Office of Pollution Prevention and Toxics (OPPT) has issued an interim report…
USDA this week issued a final rule for its mandatory country-of-origin labeling (COOL) program, which applies to beef, pork, lamb, chicken, goat meat, wild and farm-raised fish and shellfish, perishable agricultural commodities, peanuts, pecans, ginseng, and macadamia nuts. USDA had previously published an interim final rule in advance of a September 30, 2008, implementation deadline to incorporate changes required by the 2008 Farm Bill, including the addition of several agricultural commodities. Effective March 16, 2009, the final rule takes into account public comments on the interim version. In particular, the rule clarifies USDA’s position on multiple countries of origin labeling and eliminates allowances for commodities of U.S. origin to retain this designation if processed or handled in foreign countries. The final rule also upholds a provision criticized by the Ranchers-Cattlemen Legal Fund (RCALF) that excludes processed food ingredients from COOL regulations. “Publication of the final rule may alleviate some of…
The U.S. Centers for Disease Control and Prevention (CDC) and Food and Drug Administration (FDA) are reportedly investigating a Salmonella typhimurium outbreak implicating King Nut and Parnell’s Pride brand peanut butters manufactured by the Peanut Corporation of America (Peanut Corp.) and sold to non-retail food establishments. Health departments have purportedly linked the outbreak to more than 400 illnesses and possibly five fatalities, prompting Peanut Corp. to issue a voluntary recall for 21 lots of peanut butter produced since July 1, 2008, at its Blakely, Georgia, facility. In addition, Kellogg Co. has since issued recalls for its Austin and Keebler brand peanut butter crackers as a precautionary measure. See King Nut Press Release, January 12, 2009; Law 360 and Health Day Reporter, January 13, 2009; Kellogg Co. Press Release, January 14, 2009; The Associated Press and The Wall Street Journal, January 15, 2009. Meanwhile, plaintiffs’ lawyers have apparently cited the incident in urging stricter…
USDA’s Food Safety and Inspection Service (FSIS) has published a notice soliciting nominations for membership on a national advisory committee that addresses meat and poultry inspection issues. Names and curriculum vitae must be postmarked no later than January 23, 2009. FSIS is seeking a diverse membership drawn from industry, academia, state and local government officials, public health organizations, and consumers and consumer organizations. The committee “provides advice and recommendations to the Secretary on meat and poultry inspection programs.” See Federal Register, December 24, 2008.
According to animal studies conducted by Korean-based researchers, a common food additive used in processed meats and chicken, when fed to mice at levels roughly equivalent to human intake, increases lung tumor progression and growth. Hua Jin, et al., “High Dietary Inorganic Phosphate Increases Lung Tumorigenesis and Alters Akt Signaling,” American Journal of Respiratory & Critical Care Medicine (2009). While phosphate is apparently an essential nutrient, its increasing use in foods ranging from processed meats to cheeses, beverages and bakery goods has more than doubled human intake since the 1990s to some 1,000 mg daily. The scientists concluded that “careful regulation of dietary Pi may be critical for lung cancer prevention as well as treatment.” See Foodnavigator-usa.com, January 6, 2009.
“While some have difficulty with the cuteness versus deliciousness ratio – that adorable little face, those itty-bitty claws – many feel that eating a squirrel is a way to do something good for the environment while enjoying a unique gastronomical experience,” writes New York Times journalist Marlena Spieler in this article chronicling Britain’s efforts to save its indigenous red squirrel population from an influx of North American gray squirrels. “The grays take over the reds’ habitat, eat voraciously and harbor a virus named squirrel parapox (harmless to humans) that does not harm grays but can devastate reds,” according to Spieler, who credits the “Save Our Squirrels” campaign with creating a market for culled squirrel meat among TV chefs, cookbooks, farmers’ markets, and restaurants. Hunters, gamekeepers and the U.K. Forestry Commission apparently supply the delicacy, which has been promoted as a low-fat alternative to other game animals. “Part of the interest is…
“A far cry from the innocent image of Winnie the Pooh with a paw stuck in the honey pot, the international honey trade has become increasingly rife with crime and intrigue,” claims a recent Seattle Post-Intelligencer (Seattle P-I)investigative report on the widespread practice of “honey laundering,” the illegal practice of transshipping products through other countries to avoid U.S. import fees, protective tariffs or taxes. In addition, the global market is “plagued by foreign hucksters and shady importers who rip off conscientious U.S. packers with honey diluted with sugar water or corn syrup – or worse, tainted with pesticides or antibiotics.” Seattle P-I allegedly found that (i) “tens of thousands of pounds of honey entering the U.S. each year come from countries that raise few bees and have no record of producing honey for export”; (ii) “only a small fraction [of honey] is inspected, and seizures and arrests remain rare”; and (iii)…
A California woman who claimed that Wendy’s International, Inc. violated state consumer protection laws by misrepresenting the trans fat content of its French fries and fried chicken products has entered a settlement agreement with the fast-food company. Yoo v. Wendy’s Int’l, Inc., No. 07-4515 (C.D. Cal., settlement filed December 2008). For purposes of the settlement, the parties agreed to the certification of a nationwide class of those who purchased Wendy’s fries and chicken for the past two years. Without conceding any liability, Wendy’s agreed to (i) eliminate trans fat from its frying process, (ii) submit to independent testing, (iii) donate $1.8 million to cancer, diabetes and heart associations, and (iv) not oppose a fee award of up to $1.09 million to class counsel in the Yoo action. Attorneys representing class claimants in similar litigation filed in New York and Florida will share the fee distribution. Wendy’s also agreed to attribute the $2.2…
