The U.S. House of Representatives has passed Rep. Vern Buchanan's (R-Fla.) Dog and Cat Meat Trade Prohibition Act of 2018, a bill that would prohibit the slaughter of dogs and cats for the purpose of human consumption. The bill would also prohibit the knowing sale or donation of a dog or cat to a person who would slaughter it for consumption. The bill has been introduced in the U.S. Senate and referred to the Committee on Agriculture, Nutrition, and Forestry.
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Trader Joe's has agreed to pay $1.3 million to settle allegations that it underfills its five-ounce tuna cans. In re Trader Joe's Tuna Litig., No. 16-1371 (C.D. Cal., motion filed September 14, 2018). Under the agreement, class members will receive $29, which will be diluted pro rata if the total amount of claims exceeds the available funds. According to the motion for preliminary approval, the plaintiffs' investigation included "commissioning pressed weight testing of Trader Joe's Tuna and reviewing numerous pressed weight test reports in cooperation with qualified experts from the U.S. National Oceanic and Atmospheric Administration."
U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb issued a statement providing an update on how mandated added-sugar labeling will affect honey and maple syrup. "We recognized that this new labeling information on 'packaged as such' products may inadvertently lead consumers to think their pure products, such as a jar of honey or maple syrup, may actually contain added table sugar or corn syrup because there are 'added sugars' listed on the label," Gottlieb notes. FDA previously proposed the use of an additional disclosure for honey and maple syrup products, but "the more than 3,000 comments we received on the draft guidance indicate that there are further opportunities to update our proposed approach," according to the press release. Gottlieb indicated that final guidance will be released in 2019. "This guidance will provide a path forward for pure, single-ingredient 'packaged as such' products that does not involve the standard 'added…
The European Food Safety Authority (EFSA) has released a report on risks associated with consuming crickets. The report finds that crickets contain high microbial loads because the entire insect—"including their guts"—is eaten, but food-borne bacteria infections are rare, though they may occur during processing. Crickets can also be host to mycotoxin-producing fungi that cannot be controlled with heat processing, the researchers report. Heavy metal accumulation and allergenicity were determined to be medium hazards, while viral or parasitic infections were considered low-risk.
The U.K. Food Standards Agency (FSA) has reportedly found that one-fifth of meat samples tested contained DNA not attributable to the animal source indicated on the label. FSA conducted 665 tests from 487 businesses suspected of "compliance issues," including restaurants and supermarkets, and purportedly found that some samples contained DNA from as many as four animals. The products included mincemeat, sausages, kebabs and curries. An FSA spokesperson reportedly told BBC that the results were "not representative of the wider food industry."
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have announced a joint public meeting to discuss "the use of cell culture technology to develop products derived from livestock and poultry." The meeting, which will be held October 23-24, 2018, will focus on "the potential hazards, oversight considerations, and labeling" of the product category. Following a conference hosted by the Good Food Institute, cell-based meat brand representatives reportedly agreed to "abandon[] the term 'clean meat' in favor of cell-based meat." "We discussed the pros and cons of the term 'clean meat,' and decided to shift our label to 'cell-based meat,'" a conference attendee reportedly told Food Navigator. "Traditional meat companies can be our biggest ally if they want to work with us. We can help them transition from industrial animal agriculture to cell-based meat. Cell-based meat is a better label to bring them on board."
A consumer has filed a putative class action alleging that Kind LLC misleadingly markets its products as made from whole fresh fruits. Song v. Kind LLC, No. 18-4982 (E.D.N.Y., filed September 4, 2018). The complaint asserts that the product names and descriptions "use collective names to refer to their components” because they are allegedly made from processed fruit, “by-products or processed derivative ingredients.” The plaintiff also argues that the visual representations on the packaging “emphasize their equivalence to whole fruits.” The complaint further asserts that tropical fruits used in the products are dried using osmotic dehydration, which purportedly treats the fruits with added sugars. In addition, the plaintiff alleges that Kind uses ascorbic acid as a preservative but does not list it among the ingredients. Claiming violations of New York’s General Business Law, negligent misrepresentation and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
AriZona Beverages LLC faces a putative class action alleging it misleads consumers by representing the sugar and calorie content of its beverages based on a serving size of eight ounces while its product is sold in 16-ounce cans. Neville v. AriZona Beverages USA LLC, No. 18-5040 (E.D.N.Y., filed September 6, 2018). The complaint asserts that AriZona “engaged in unfair competition to the detriment of consumers by refusing to follow the industry standard which is based upon the size of a can or bottle that a consumer would usually drink in one sitting.” Alleging violations of several state consumer-protection statutes and breach of express warranty, the plaintiff seeks class certification, damages, injunctive or declaratory relief, restitution and attorney’s fees.
England's Department of Health and Social Care has opened a consultation on whether the country should ban the sale of energy drinks to children. The consultation requests comments on (i) "what products should be included in any restrictions," (ii) "what age limit a ban should apply to," (iii) "whether sales of energy drinks from vending machines should be restricted" and (iv) "whether there are any changes that would be more appropriate than a ban on sales to children or that could be applied as well as a ban." The consultation cites the effects of sugar and caffeine on children as concerns triggering the proposed ban. Scotland, Wales and Northern Ireland would not be affected by any actions England takes pursuant to the consultation.
The California legislature has passed a bill that would require retail food facilities to make the default beverages sold with children's meals "water, sparkling water or flavored water, as specified, or unflavored milk or a nondairy milk alternative, as specified." Flavored waters may not contain "added natural or artificial sweeteners," while nondairy milk alternatives must contain fewer than 130 calories. In addition, a restaurant's menu and advertisements must display the default beverages. The bill would "not prohibit a restaurant’s ability to sell, or a customer’s ability to purchase, an alternative beverage instead of the default beverage offered with the children’s meal, if requested by the purchaser of the children’s meal." The bill has been presented to Governor Jerry Brown for approval.
