The U.S. Department of Agriculture (USDA) has announced the renewal of 17 substances for the National List of Allowed and Prohibited Substances, which determines which synthetic substances can be used in organic farming. Included on the list is carrageenan; USDA found that “potential substitutes do not adequately replicate the functions of carrageenan across the broad scope of use.” The National Organic Standards Board previously recommended that carrageenan be removed from the National List, determining that materials such as guar gum and xanthan gum were available for use as alternative thickening and emulsifying agents.
Category Archives Issue
The U.S. Department of Agriculture (USDA) has released Animal Disease Traceability: Summary of Program Reviews and Proposed Directions from State-Federal Working Group, an overview report of the Animal Disease Traceability Program (ADT) that includes a summary of stakeholder feedback and preliminary recommendations to improve the program. According to the report, an internal review of ADT by USDA's Animal and Plant Health Inspection Service (APHIS) in 2015 concluded that the program was well-managed, had clearly defined goals and objectives, and had achieved “incremental improvements” in tracing capability. In 2017, APHIS established a State-Federal Working Group pursuant to the Federal Advisory Committee Act to help review ADT regulations, seek public comment on the program and offer proposals for improvements. The conclusions of the working group are published in the April report. Several of the recommendations are related to electronic ID (EID) of cattle, including pursuing the standardization of technology and ear tagging,…
The U.S. Food and Drug Administration (FDA) has announced a public advisory committee meeting of the Science Board, which advises the agency on complex scientific and technical issues and emerging issues within the scientific community. Written submissions on issues pending before the committee will be accepted until April 18, 2018, for the April 23 meeting.
In a speech at the National Food Policy Conference in Washington, D.C., U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly summarized the agency’s plans, including (i) defining “healthy” for use with a food-labeling icon, (ii) implementing delayed updates to nutrition labels, and (iii) creating a strategy for reduction in salt consumption. Gottlieb reportedly said FDA will explore possible changes to nutrient-content claims. “People eat foods, not nutrients,” he is quoted as saying. “This is why we’re asking the important question of whether a modernized definition of ‘healthy’ should go beyond nutrients to better reflect dietary patterns and food groups, like whole grains, lowfat dairy, fruits and vegetables and healthy oils.” FDA will also propose short-term, voluntary targets for salt and sodium reduction from the current average daily intake of 3,400 milligrams to no more than 3,000 milligrams. “There remains no single more effective public health action related to…
U.S. Rep. Rosa DeLauro (D-Conn.) has sent a letter asking the U.S. Government Accountability Office (GAO) to examine the regulatory framework for cell-cultured food products. According to the letter, such food products include lab-grown meat and “animal-free” milk that can be produced from fermented yeast and proteins in cow’s milk. DeLauro requested a “comprehensive review” of the unique challenges in safety oversight, the regulations and labeling requirements that may already exist, and a determination on whether federal agencies have begun preparing for the product’s commercialization. “While not yet commercially available, the potential introduction of this new type of product into the nation’s food supply and economy raises many important questions,” DeLauro said in the letter. “To date, it remains unclear exactly how cell-cultured food products should be regulated . . . More information is needed for Congress to address this emerging sector in the United States and to ensure it…
A Massachusetts federal court has dismissed half of the claims in a lawsuit alleging Diageo-Guinness misrepresents where its Guinness Stout beer is brewed. O’Hara v. Diageo-Guinness USA Inc., No. 15-14139 (D. Mass., entered March 27, 2018). The plaintiff alleged that the “Frequently Asked Questions” page of Guinness’ website stated that “All Guinness sold in the UK, Ireland, and North America is brewed in Ireland at the historic St. James’s Gate Brewery in Dublin," while a disclosure on Guinness bottles sold in the United States indicate that the product is “Imported by DIAGEO – Guinness USA, Stamford, CT. Brewed and bottled by Guinness Brewing Company, New Brunswick, Canada. Product of Canada.” The court dismissed three of the six causes of action because the bottling and packaging labels were approved by the U.S. Alcohol and Tobacco Tax and Trade Bureau. A misrepresentation claim and two claims for violations of state consumer-protection laws will…
The Second Circuit has affirmed the dismissal of a putative class action that alleged Abbott Laboratories Inc. falsely represented its Similac Advance Organic Infant Formula as organic, ruling the plaintiffs’ state-law claims are barred by the Organic Foods Production Act (OFPA). Marentette v. Abbott Labs. Inc., No. 17-0062 (2d Cir., entered March 23, 2018). The plaintiffs alleged that Abbott misled consumers because the product contained ingredients not permitted by the OFPA. The appeals court asked the U.S. Department of Agriculture (USDA) to submit an amicus brief addressing (i) whether the certification process requires the certifying agent to review and approve the ingredients of the final product to be labeled organic and (ii) whether products made in accordance with a properly certified plan will necessarily comply with the OFPA. According to the decision, USDA stated that “certifying agents review and approve both the process and the ingredients of the final product…
A consumer has filed a putative class action alleging Pabst Brewing Company LLC's Olympia beer labels falsely imply the product is brewed from artesian water in Washington despite being brewed in a facility in Los Angeles. Peacock v. Pabst Brewing Co. LLC, No. 18-0568 (E.D. Cal., filed March 15, 2018). The complaint alleges that although Olympia was originally brewed with artesian water in Washington, Pabst shifted production to California after it acquired the company in 1999. The plaintiff further argues that the beer may be brewed using chlorinated municipal water, that the brewery’s water supply has previously been contaminated with industrial solvents and that two Superfund sites are located within three miles of the brewery. According to the complaint, Olympia's website credits the Washington water for its premium taste. Alleging violations of California consumer-protection statutes, the plaintiff seeks class certification, injunctive relief, corrective advertising, damages and application of the common fund…
Ruling that the jury instructions were misleading, the U.S. Court of Appeals for the Eleventh Circuit has reversed a jury verdict finding for a seafood restaurant in a lawsuit involving allegations of foodborne illness. Rhodes v. Lazy Flamingo 2 Inc., No. 17-11338 (M.D. Fla., entered March 29, 2018). The plaintiffs alleged negligence per se after one ate Lazy Flamingo's oysters, which were contaminated with Vibrio vulnificus and caused an illness requiring five days of hospitalization. A Florida regulation requires foodservice establishments serving raw oysters to display a health-risk warning on menus or table placards; the jury was instructed that it could consider the text of the regulation as well as a Florida foodservice industry bulletin indicating the warning “may be on menus, table placards, or elsewhere in plain view of all customers.” The appeals court found no evidence that the bulletin offered a "reasonable interpretation” of the regulation, reversed the verdict…
A federal court in New York has dismissed with prejudice a shareholder suit against Chipotle Mexican Grill Inc., finding the plaintiffs were unable to allege that the company made “demonstrably false” statements about foodborne illness outbreaks linked to its restaurants. Ong v. Chipotle Mexican Grill, No. 16-0141 (S.D.N.Y., entered March 22, 2018). The plaintiffs alleged that Chipotle and three of its executives misled shareholders and the public in 2015 and 2016 statements after outbreaks of norovirus, E. coli and Salmonella were linked to its restaurants. In addition to finding Chipotle’s annual reports contained sufficient disclosures about its processes, the court found that the plaintiffs failed to adequately allege that executives who knew about the outbreaks' connection to Chipotle sold more than $214 million in stock because the stock sales occurred months before the outbreaks were linked to the company.
