The Food and Drug Administration (FDA) has apparently prevailed in proceedings seeking injunctive relief against two New Mexico dairies that “were not keeping adequate medication records to prevent unsafe drug residues in cattle offered for slaughter” and “were using medications for unapproved indications not specified on the drug label” without a valid veterinarian-client-patient relationship. The companies, Do-Rene and Clover Knolls Dairies, were warned about these violations in 2005 and 2008 following inspections and tissue sampling. Apparently, some of the dairies’ cows tested positive for illegal levels of a number of drugs, including one “expressly forbidden for use in lactating cows.” According to FDA, “These residues may cause allergic reactions in extremely sensitive individuals, and they may contribute to forming antibiotic-resistance in bacteria.” Future violations may result in civil or criminal penalties. See FDA Press Release, January 2, 2009.
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According to news sources, litigation has been filed in California challenging a new law that prohibits the sale or distribution of food from nonambulatory livestock. One of the suits, filed in late December 2008 by the National Meat Association, claims that the state’s hog industry should be exempt. An association spokesperson reportedly indicated that “hog fatigue” causes hogs to lie down occasionally, but that nothing is wrong with these animals. The American Meat Institute (AMI) filed a motion to intervene, arguing that the law as a whole is preempted by the Federal Meat Inspection Act. An AMI press release notes, “on some occasions all species can become injured even until the last minutes before processing, but an injury like a broken ankle does not automatically make livestock unfit for consumption.” The California law (A.B. 2098), effective January 1, 2009, amended the state penal code by proscribing any slaughterhouse use of…
The Ninth Circuit Court of Appeals has denied the request by Gerber Products Co. to rehear the court’s April 2008 decision overturning the dismissal of putative class claims that the company’s Fruit Juice Snacks® packaging misled consumers. Williams v. Gerber Prods. Co., No. 06-55921 (9th Cir., amended opinion filed December 22, 2008). A detailed summary of the court’s April ruling appears in issue 258 of this Update. In its amended opinion, the court eliminated one sentence and reorganized two other sentences, but did not otherwise change its ruling that a detailed ingredients list in small type cannot shield a food manufacturer from liability for claims that its packaging misrepresents the quality of the product. “Instead, reasonable consumers expect that the ingredient list contains more detailed information about the product that confirms other representations on the packaging.” The product at issue, intended for toddlers, is sold in a package with images of…
California’s Office of Environmental Health Hazard Assessment (OEHHA) is considering adopting rules under Proposition 65 (Prop. 65) that are intended to prevent overexposure to beneficial nutrients in food. The agency’s “Initial Statement of Reasons” for the proposed rules, still in draft, note that “[e]xcessive exposures to some [vitamins and minerals necessary to promote human health] have the potential to cause cancer or adverse reproductive effects.” OEHHA plans to establish the level of a listed chemical that does not constitute an exposure within the meaning of Prop. 65 and thus would not require warnings. Previous drafts indicated that the agency would rely on “Recommended Dietary Allowance” levels, but the most recent version indicates that levels for individual chemicals will be made on the basis of a chemical-by-chemical evaluation. OEHHA has also apparently indicated its intention to address human nutrients and plant nutrients separately. According to the California League of Food Processors,…
The Air Resources Board (ARB) of California’s Environmental Protection Agency has published a request for research concepts for its 2009-2010 annual research plan. Among the general areas of research that ARB would like to fund are issues related to agriculture and to health and exposure. The deadline for concept submissions is January 20, 2009. Due to anticipated budget shortfalls, the agency has indicated that co-funded proposals are more likely to be approved and funded. ARB is interested in funding research relating to confined animal facility operations emissions, pesticide emission assessments, air emissions in agricultural ecosystems involving “nitrogen fate from fertilizer application,” and “[c]omparative assessment of emissions from various agricultural practices, including conservation management, conservation tillage, and use of equipment to reduce particulate entrainment emissions or VOC emissions.” Under the “health and exposure” rubric, ARB is seeking concept submissions relating to the “[i]mpact of nanoparticles in products and materials on personal…
An ISO technical committee focusing on nanotechnology issues has developed a technical report (ISO/TR 12885:2008) that provides “advice for companies, researchers, workers and other people to prevent adverse health and safety consequences during the production, handling, use and disposal of manufactured nanomaterials.” Titled Health and Safety Practices in Occupational Settings Relevant to Nanotechnologies, the report “is expected to be widely adopted as a foundation for national nanotechnology occupational safety and health programs around the world,” according to the project leader, who also serves as special assistant to the director of the National Institute for Occupational Safety and Health. ISO is an international standard-setting organization that brings together experts from around the world to establish technical standards that are often adopted by the governments of member states; each national delegation develops its positions in consultation with all potentially affected stakeholders. The group that developed this report is ISO/TC 229, Nanotechnologies, Working Group…
In late December 2008, Mexico banned imports of meat from 30 U.S. processing facilities, telling the USDA that sanitary issues were to blame, although some, including Senator Charles Grassley (R-Iowa), suggested that the move was in retaliation for the new country-of-origin labeling (COOL) rules that took effect September 30. Mexican officials denied any connection and reportedly lifted the embargo for 26 of the plants as of December 30. According to a news source, Mexico is the leading buyer of U.S. meat, and the suspension led to a sharp decline in cattle and hog futures at the Chicago Mercantile Exchange. U.S. and Mexican officials were reportedly scheduled to meet January 5, 2009, to discuss meat import issues. Meanwhile, Mexico has reportedly joined Canada before the World Trade Organization seeking consultations with the United States over the COOL regulations. The two countries are apparently most concerned about the impact on meat and livestock,…
FDA has reportedly detected the industrial chemical melamine and its byproduct cyanuric acid in additional cans of U.S.-manufactured infant formula, but stressed that the levels are below the safety threshold set for young children and infants. Four of the 89 infant formula products tested by FDA contained trace amounts of melamine or cyanuric acid, which are used during the manufacturing process as disinfectants and in some food packaging. FDA and other food safety experts have apparently stated that this trace contamination most likely occurred during processing and not as the result of intentional adulteration. See Food & Water Watch Blog, January 5, 2009; The Associated Press, January 7, 2009. Meanwhile, Chinese courts started criminal trials for six cattle farmers and milk collectors accused of making melamine protein powder and adding it to raw milk sold to Chinese dairies, including the government-owned Shijiazhuang Sanlu Group Co. Sanlu recently declared bankruptcy as a…
FDA this week issued a final rule requiring food and cosmetic manufacturers to declare the presence of cochineal extract and carmine in their products. Derived from dried insect bodies, the two coloring agents were previously labeled under “artificial colors” or “color added” on ingredient lists. “This final rule responds to reports of severe allergic reactions, including anaphylaxis to cochineal extract-containing food and carmine-containing food and cosmetics and will allow consumers who are allergic to these color additives to identify and thus avoid products that contain these color additives,” according to FDA, which requires full compliance with the rule by January 5, 2011. See FoodNavigator-USA.com, January 6, 2009. Meanwhile, the Center for Science in the Public Interest (CSPI) has criticized the final rule for failing to indicate the extracts’ insect origins. The consumer advocacy group first petitioned FDA in 1998 for more stringent labeling of cochineal and carmine, citing their widespread…
HHS Secretary Mike Leavitt and Food and Drug Administration Commissioner Andrew von Eschenbach traveled to Costa Rica this week to open an HHS/FDA office that will serve Latin America in the hope of improving collaboration on food and product safety issues. Plans for the new office were apparently launched in June 2008, when health ministers from Central America and Panama gathered in El Salvador to develop a framework for ensuring the trade of quality goods among the countries. Similar HHS/FDA offices are already operating in Brussels, Beijing, Shanghai, and Guangzhou, and other offices will open in two cities in India and a location in the Middle East. The stated goal of the HHS/FDA “Beyond Our Borders Initiative is to foster collaboration with regulatory authorities around the world, as well as to forge partnerships with industry on the safety of food, animal feed, drugs and medical devices.” See HHS Press Release,…
