Multiple consumers have reportedly filed lawsuits against Chipotle Mexican Grill following the distribution of allegedly contaminated food that purportedly resulted in more than 700 customers becoming ill. The cause of the illnesses is unknown, as E. coli, Salmonella, norovirus and shigella tests reportedly returned negative results. One plaintiff seeks $25,000 in damages for his medical treatment.
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The U.S. Department of the Interior has reportedly withdrawn a 2014 memorandum prohibiting the cultivation of genetically modified organisms (GMOs) in National Wildlife Refuge areas. "There may be situations [] where use of GMO crop seeds is essential to best fulfill the purposes of the refuge and the needs of birds and other wildlife as described above. A blanket denial of GMOs does not provide on-the-ground latitude for refuge managers to work adaptively and make field level decisions about the best manner to fulfill the purposes of the refuge," a memorandum from U.S. Fish & Wildlife Service Principal Deputy Director Greg Sheehan states. "Therefore, by this memorandum, I am withdrawing the July 17, 2014 memorandum in full, thereby reversing the decision to universally ban the use of genetically modified crops on refuges."
The U.S. Department of Agriculture's Agricultural Marketing Service (AMS) has lowered the age requirement for poultry carcasses to be classified as "roaster chickens." The previous standard required chickens to be eight weeks old and weight 5.5 pounds; according to a petition from the National Chicken Council, this standard prevented companies from labeling and marketing chickens as "roasters" even if they "met all the physical attributes apart from the minimum age requirement." Because of "continuous improvements in breeding and poultry management techniques," producers are able "to raise chickens with the characteristics of roasters in under 8 weeks," AMS has determined. The change took effect on August 6, 2018, the notice's publication date.
Following his related statements at a conference, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has announced that the agency will review the standardized identities of dairy products and products marketed as their substitutes, including beverages made from almonds, rice or soy. The announcement suggests that allowing the plant-based substitutes to be labeled as “milk” has caused confusion among consumers and led to detrimental effects on children. “We’re going to have an active public process for reviewing our standard and how consumers understand the use of terms like milk on both animal-derived and plant-based products," Gottlieb said in the announcement. "We want to see if the nutritional characteristics and other differences between these products are well-understood by consumers when making dietary choices for themselves and their families. We must better understand if consumers are being misled as a result of the way the term milk is being applied and…
The Centers for Disease Control and Prevention (CDC) has released a report on foodborne illnesses in the United States from 2009 to 2015. The agency’s Foodborne Disease Outbreak Surveillance System received reports of 5,760 outbreaks, resulting in 100,939 ilnesses, 5,699 hospitalizations and 145 deaths. The data reportedly revealed that norovirus was the most common outbreak cause, while Listeria, Salmonella and E. coli caused 82 percent of hospitalizations and deaths.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has proposed an amendment to a rule requiring that livestock carcasses be “marked with the official inspection legend at the time of inspection in a slaughter establishment” if the carcasses will be processed further at the same location. According to FSIS, the rule was established when slaughterhouses would ship carcasses to different locations for further processing; under “contemporary practices,” “a slaughter establishment typically moves [a carcass], under control, to another department in the same establishment for further processing.” As a result, “marking the carcass on the slaughter floor is often unnecessary,” FSIS asserts. Comments on the proposed rule will be accepted until October 1, 2018.
The European Food Safety Authority (EFSA) has released a scientific report identifying potential areas of improvement in the agency’s emerging risks identification procedure. The report highlights “weaknesses with respect to data collection, analysis and integration” and suggests that broader analyses would improve the system. Recommendations include (i) integrating social sciences “to improve understanding of interactions and dynamics,” (ii) improving data processing pipelines and (iii) enhancing transparency and improving communication.
The U.K. Advertising Standards Authority (ASA) has again barred HJ Heinz Foods UK from airing a television commercial suggesting that the nutritional benefits of beans and a protein supplement are comparable. After ASA found that the ad made an unpermitted nutrition claim, Heinz changed a line in the commercial to reduce an implied comparison between the levels of protein, fiber and fat in a protein shake and a serving of beans. ASA found that the updated version of the ad continued to create the “overall impression” that the two products were comparable and banned the ad from running on television.
Shook Partners Frank Rothrock, Naoki Kaneko and Chris Johnson, with Associate Emily Weissenberger, have presented a webinar on California’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65). Available on demand, the webinar covers an overview of Prop. 65 and strategies for managing its regulatory scheme.
The Court of Justice for the European Union has held that techniques to edit an organism’s genes without inserting foreign DNA—such as CRISPR/Cas9—result in the creation of genetically modified organisms (GMOs) subject to the EU GMO Directive. Confédération paysanne v. Premier ministre, No. C-528/16 (CJEU, entered July 25, 2018). The plaintiff, a French agricultural union, argued that French legislation exempting organisms produced with mutagenesis techniques such as CRISPR from GMO regulation conflicts with EU legislation governing GMOs. The court found that the mutagenesis techniques “alter the genetic material of an organism in a way that does not occur naturally, within the meaning of that provision. It follows that organisms obtained by means of techniques/methods of mutagenesis must be considered to be GMOs within the meaning of [the GMO Directive].”
