Category Archives Canada

The Canadian government has announced a January 20, 1010, webcast titled “Health Claims in Canada: An Update on Function Claims and Probiotic Claims for Food.” Presented by Agriculture and Agri-Food Canada, Health Canada and the Canadian Food Inspection Agency (CFIA), the Webcast will (i) “provide an update on the development of a modernized framework for health claims for food and the future directions for managing health claims”; (ii) “present new guidance on function claims and probiotic claims, and the requirements for scientific evidence to validate claims” and (iii) provide insights into CFIA’s enforcement approach.

The Canadian House of Commons’ Standing Committee on Health (HESA) recently heard testimony from Nestlé S.A. and Kellogg Co. representatives about dietary salt reduction. The representatives reportedly backed recent efforts to reduce salt levels in popular products, noting that breakfast cereals account for only 3 percent of the salt in the Canadian diets. Nestlé Director of Corporate Affairs Catherine O’Brien also stated that the company currently complies with the Heart and Stroke Foundation’s Health Check™ program, which has worked to remove 500,000 kilograms of salt from the food supply in the past 4 years. “We must balance the push of science with the pull of the market—consumers will simply not compromise on taste, therefore it must be a priority alongside improved health,” O’Brien was quoted as saying. According to media sources, some HESA members have expressed frustration with forthcoming federal salt reduction targets because they are not mandatory. “I frankly don’t…

The Canadian Heart and Stroke Foundation’s Health Check™ program has reportedly revised its front-of-package (FOP) labeling scheme to better reflect current nutritional guidelines. Similar to the Smart Choices® system recently discontinued in the United States, Health Check allows subscribing manufacturers to use its FOP logo on products that meet specific nutritional requirements. Partly in response to criticism leveled at its U.S. counterpart, the non-profit organization has announced plans to disqualify any cookies, puddings, snack foods, flans, or frozen dairy, soy or tofu desserts from entering the program after December 28, 2009. Health Check has also set new salt, sugar and fat limits for endorsed products, stipulating that trans fat cannot comprise more than 5 percent of the total fat content. In addition, soups in the restaurant program must reduce sodium levels to 480 mg per 250 mL by November 1, 2010. “The Health Check nutrient criteria developed by the Heart…

Health Canada has advised consumers not to purchase Chaotic Beverages sold under the brand names Mind Strike, Fearocity, Elixir of Tenacity, and Power Pulse “because they are unauthorized products marketed to a vulnerable population (children) with ingredients that may pose a health risk.” According to an agency press release, “The drinks are tied to a trading card game, animated TV series and website,” but contain unknown amounts of caffeine, “several herbs . . . not included in Health Canada’s list of botanicals with a history of safe use in children,” and unacceptably high levels of taurine, niacin and vitamin A. Power Pulse also allegedly contains “chromium picolinate at levels of possible concern in a product taken by children.” Meanwhile, manufacturer and importer U&ME Marketing has reportedly agreed to reformulate its products by removing all the herbs, taurine and niacin. “At the time of the recall, we had been approved by…

Shortly after Canada filed its challenge to U.S. country-of-origin labeling (COOL) requirements, Mexico apparently followed suit, asking the World Trade Organization (WTO) to establish a panel to undertake a dispute settlement process. Mexico’s agricultural authority reportedly contends that the rules may unfairly discriminate against the country’s meat industry by requiring U.S. meat processors to segregate imported meats. This has allegedly led some U.S. processors to stop buying meat from Mexico or Canada. The panel request is reportedly scheduled to be considered during an October 23, 2009, meeting of WTO’s Dispute Settlement Body. See Product Liability Law 360, October 12, 2009.

Canada’s government has reportedly asked the World Trade Organization (WTO) to establish a dispute settlement panel to hear its claims that U.S. country-of-origin labeling requirements for meat have unfairly reduced demand for Canadian products. U.S. Agriculture Secretary Tom Vilsack and Trade Representative Ron Kirk responded to the request by stating, “We regret that formal consultations have not been successful in resolving Canada’s concerns over country of origin labeling (COOL) required by the 2008 Farm Bill for certain agricultural products. We believe that our implementation of COOL provides information to consumers in a manner consistent with our World Trade Organization commitments.” Apparently, Canada was able to gain some concessions on the matter from the Bush administration, but regulations adopted after President Barack Obama (D) took office did not provide the flexibility Canadian producers were evidently seeking. Canada’s minister of international trade was quoted as saying, “The U.S. COOL requirements are so…

The Centre for Science in the Public Interest (CSPI Canada) has issued a report claiming that excess sodium “likely kills more Canadians every year than any other chemical substance” added to food. Titled “Salty to a Fault: Varied Sodium Levels Show Lowering Salt in Processed Foods IS Feasible,” the report surveyed 318 foods and purportedly found that a majority of Canadian restaurants and perhaps most packaged foods sold in grocery stores contain unhealthy and unnecessarily high levels of sodium. It calls on Health Canada to set category-by-category sodium-reduction targets for foods, alleging that “salt remains largely untouched by food safety laws and is grossly underestimated as a public health risk by government officials who generally direct much more attention to substances that pose rare or more acute risks.” The report apparently found varying degrees of sodium among groups of comparable foods, citing as an example two restaurant french fry orders…

A putative class action was reportedly filed in a California state court against Nestlé, alleging that the company falsely advertises its “Juicy Juice Brain Development Fruit Juice” as a product that will improve toddlers’ brain function. Plaintiff Alexis Farmer, who then dismissed the complaint without prejudice several days later, reportedly claimed that she purchased the company’s juice relying on labeling and advertisements stating that it contained DHA Omega-3, a “fatty acid especially important for brain development in children under two years old.” Farmer was seeking damages and injunctive relief; her complaint apparently alleged false and misleading advertising, unjust enrichment, fraud, and civil code violations. See Courthouse News, September 23, 2009. In a related development, Health Canada has apparently decided not to stop infant-formula manufacturers from claiming that DHA, in any amount, will support normal brain and eye development, particularly for children under two. The Canadian Food Inspection Agency asked the…

The Food and Drug Administration (FDA) has issued a request for “comments and scientific data and information on acrylamide in food,” noting that the agency is considering industry guidance on this issue. Describing acrylamide as “a chemical that can form in some foods during certain types of high-temperature cooking,” the agency is seeking information from manufacturers on how to measure and reduce acrylamide levels in food. The agency has also asked responders to provide detailed feedback about: (i) techniques for acrylamide mitigation; (ii) best monitoring practices; (iii) standard practices for the delivery, storage, temperature control, reconditioning, and screening of potatoes; (iv) changes to food packaging instructions and other measures that can reduce acrylamide levels during a product’s final preparation by consumers; (v) food types for which the agency could recommend target acrylamide levels; and (vi) achievable acrylamide levels for french fries, potato chips, breakfast cereals, coffee, cookies, and other baked goods…

The Canadian Food Inspection Agency has issued a warning and reported the voluntary recall of frankfurters and wieners manufactured by Maple Leaf Foods, the company whose Listeria-tainted meat products in 2008 purportedly sickened thousands across Canada and were apparently ruled a “contributing cause” in the deaths of 22. According to the agency, the processed meat products now at issue “may be contaminated with Listeria monocytogenes.” While no reported illnesses have been associated with the products’ consumption, the “potential problem” was identified “as a result of the new mandatory testing and reporting requirements placed on industry in February 2009.” Details about the settlement Maple Leaf reached in litigation arising from the 2008 outbreak appear in issue 303 of this Update. See Canadian Food Inspection Agency Health Hazard Alert, August 3, 3009.

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