In a December 2017 series of articles, Financial Times explored issues projected to affect the global food and beverage industry in the future. The Update's previous coverage of the issues examined can provide additional context to these evolving subjects. Genetically Modified (GM) Crops. Experts reportedly anticipate an increase in GM crop cultivation, which currently covers 185 million hectares worldwide. Makers of GM crops have faced opposition from a number of areas as use of their products has spread, sometimes inadvertently. In the United States, multiple jurisdictions have banned GM crops, but courts have invalidated some bans on the grounds of preemption. The U.S. Food and Drug Administration (FDA) has provided guidance on voluntary labeling of foods derived from GM crops, and Congress has directed the U.S. Department of Agriculture (USDA) to create a standard for mandatory disclosure. Europe has largely resisted GM crop cultivation; in April 2017, a majority of EU countries…
Category Archives Special Supplement 2017
As the number of obese and overweight Americans has climbed, many people have searched for causes and prevention strategies, with some noting that fat may be "the next tobacco" as researchers continue to find links between obesity and a variety of health issues. Questions have arisen about whether some ingredients, such as cheese, cause behaviors that amount to addiction, and one study compared the neurological effects of high-fat foods to those of cocaine or heroin. Many have pointed to sugar-sweetened beverages (SSBs) as a significant cause of rising obesity rates in children. Researchers and health experts have sought an entity to blame—including food companies, marketing, grocery checkout lanes, genetics, neurobiology, environmental exposure, immunology and hormones. As consumers filed lawsuits alleging companies are to blame for the ill health effects associated with eating their products, state governments introduced and, in some cases, passed legislation to protect companies from lawsuits alleging weight gain as…
While food companies and consumer advocacy groups agree that Americans have the right to know the contents of their food, the ideal level of transparency has been debated in legislatures, before courts and in comments to the U.S. Food and Drug Administration (FDA). Consumers have been attracted to foods labeled as "natural," but they can turn litigious when they learn that "natural" foods may contain ingredients they to be “unnatural.” Despite requests, FDA has long resisted defining how "natural" may be used in food and beverage marketing, resulting in confusion for companies and consumers alike. "The 'natural' thing has always been such a morass," one Consumers Union analyst said in 2007. While FDA has sought information on the use of the term and promised to provide guidance, the lack of definition has led to companies regularly facing allegations that they intentionally mislead consumers by marketing their products as "natural." Controversial ingredients…
After California voters approved the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65), the state's Office of Environmental Health Hazard Assessment (OEHHA) began publishing a list of chemicals "known to cause cancer or birth defects or other reproductive harm." Under the statute, companies must warn consumers about potential exposure to a listed chemical unless the exposures are low enough to pose "no significant risk" of the harms targeted by the provision. OEHHA's Prop. 65 actions can often precede similar efforts in other states, making California a primary battleground for regulations and bellwether cases. Prop. 65's list of chemicals must be updated annually to add chemicals "known to the state to cause cancer or reproductive toxicity," supported by "scientifically valid testing." The addition of a chemical can be a contentious process as the science supporting the addition is debated. For example, bisphenol A (BPA), a chemical found in plastics and epoxy…
For our final edition of 2017, the Food and Beverage Litigation Update is highlighting stories that have changed the industry over the Update's first 15 years. With help from our archives, we have tracked how these stories have evolved and continue to affect food and beverage companies. Thank you for joining us each week—we hope you have a happy holiday season and wonderful 2018.
