Category Archives Legislation, Regulations and Standards

Following an application to claim that vitamin D is important to normal bone and teeth development in infants and children, the European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies has issued an opinion affirming that vitamin D contributes to normal development of bones and teeth. The panel noted previous favorable assessments of vitamin D and the maintenance of normal bones and teeth in the general population, concluding that “the role of vitamin D in bone and tooth mineralisation and homeostasis applies to all ages, including infants and young children (from birth to three years).”   Issue 515

The European Food Safety Authority (EFSA) has announced an April 23, 2014, scientific meeting to discuss its draft opinion on the human health risks of bisphenol A (BPA) for consumers. Developed by the EFSA Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF), the draft opinion also includes a re-evaluation of the tolerable daily intake for BPA, which the agency temporarily recommended lowering from 50 μg/kg bw/day to 5 μg/kg bw/day over concerns that exposure to the substance is likely to pose health risks. Additional details about EFSA’s draft assessment of consumer exposure to BPA appear in Issue 511 of this Update. The meeting seeks to discuss comments received during the draft opinion’s consultation period, which ends March 13. Before adopting its final opinion the CEF Panel will take into account these comments and meeting discussions, as well as issue a separate report that outlines these proceedings. EFSA…

The World Health Organization’s Regional Office for Europe (WHO/EU) reportedly warned attendees of a February 25-26, 2014, health conference held by the European Commission and the Greek Presidency of the Council of the European Union that “being overweight is so common that it risks becoming a new norm.” According to a February 25, 2014, press release, WHO/ EU reported that 27 percent of 13-year-olds and 33 percent of 11-year-olds are now overweight, while 30 percent of boys and girls ages 15 and older “are not getting enough physical activity” in 23 of the 36 countries profiled by the organization. Although it noted the role of physical inactivity in rising obesity rates, WHO/ EU ultimately urged national governments to consider implementing stricter labeling and food product regulations that would require “the food industry to take responsibility.” “We must not let another generation grow up with obesity as the new norm,” said…

The U.S. Food and Drug Administration (FDA) has issued a final rule denying requests for a stay of the effective date and for a hearing on the final rule concerning the use of irradiation in food production, processing and handling. Originally appearing in the August 22, 2008, Federal Register, the rule amended food additive regulations to permit the use of ionizing radiation to control foodborne pathogens and extend the shelf life of fresh iceberg lettuce and spinach. After reviewing objections to the final rule and requests for a hearing, FDA has concluded that “the objections do not raise issues of material fact that justify a hearing or otherwise provide a basis for revoking or modifying the amendment to the regulation,” and confirmed August 22, 2008, as the effective date for the final rule.   Issue 515    

The U.S. Food and Drug Administration (FDA) has proposed revisions to the Nutrition Facts label that would emphasize the number of calories and servings per container, among other things. As the agency explained in a February 27, 2014, press release, the new panels would not only display calories per serving in larger, bolder type, but would update serving sizes to reflect “the reality of what people actually eat, according to recent food consumption data.” In addition to breaking out the amount of added sugar as a separate item, the labels would make “the number of servings per package . . .  more prominent,” with “amount per serving” tied to the actual serving size, e.g., “Amount per cup.” FDA has also recommended updating the daily values for various nutrients, listing potassium and vitamin D amounts on the label, and removing “calories from fat” completely. “Obesity, heart disease and other chronic diseases…

The Consumer Advocacy Group, Inc. has filed a series of Proposition 65 (Prop. 65) 60-day notices since December 2013 against supermarkets and rice companies in California, Texas and Taiwan, alleging violations of the law for failure to warn consumers that their rice products contain arsenic (inorganic arsenic compounds), known to the state to “cause both cancer and reproductive toxicity.” The most recent notice was filed February 17, 2014. Under Prop. 65, private citizen enforcers must notify the alleged violator and local prosecuting authorities of their intent to sue so that the alleged violator has the opportunity to correct any alleged violation and local district attorneys have the opportunity to bring government action. The first in this series of notices, brought against Far West Rice, Inc., also alleged that the company’s rice contained lead.   Issue 514

California State Senator Bill Monning (D-Carmel) has introduced legislation (SB 1000) that would require all sugar-sweetened beverages (SSBs) containing more than 75 calories per 12-ounce serving to carry safety warnings. Co-sponsored by the California Center for Public Health Advocacy, the Sugar-Sweetened Beverage Safety Warning Act would direct manufacturers, distributors and retailers to place the following notice on sealed containers, multipacks and vending machines, as well as any premises where SSBs are sold in unsealed containers: “STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.” The bill would also mandate the two-year retention of business records pertaining to the distribution, purchase or sale of SSBs as part of a statewide effort “to determine the quantity and type of sugar-sweetened beverages distributed, purchased or sold.” “When the science is this conclusive, the State of California has a responsibility to take steps to protect consumers,”…

The U.K. Advertising Standards Authority (ASA) has ruled that an advertisement for a range of lactose-free products made “sufficiently clear that the Lactofree products were not suitable for dairy allergy sufferers but were suitable for those intolerant to lactose.” Responding to a complaint alleging that the ad failed to adequately differentiate between lactose intolerance and dairy allergy, Arla Foods Ltd. reportedly noted that its TV commercial included an on-screen footnote stipulating that the products displayed were “Not suitable for milk allergy  sufferers,” and that consumers in doubt should consult their physician. Warning that the ad’s voice-over—“Listen up hedgehogs, you’re not intolerant to dairy, you’re just intolerant to lactose, the sugars in dairy”—could be misunderstood as a stand-alone statement, ASA nevertheless agreed with Arla’s position, dismissing the complaint on the ground that the on-screen text not only provided a clear reference to milk allergy, but also instructed consumers to “Search Lactofree”…

The U.K. Food Standards Agency (FSA) has requested public comments on a novel foods application submitted by a Swiss company seeking permission to use algal oil in its food products. The company suggests in its application that the oil, extracted from a newly isolated strain of microalgae, is a rich source of omega-3 fatty acid and proposes to use it as a source of the fatty acid in infant formula. The omega-3 fatty acid currently used in infant formula is derived from tuna fish oil or the microalgae, Crypthecodinium cohnii. FSA has also requested public comments on a second application, submitted by Unilever, seeking permission to extend the use of phytosterol esters. Used in the food industry for their cholesterol-lowering properties, phytosterol esters are naturally present at low levels in vegetable oils. This is the third application made by the Unilever for this ingredient. An application for margarines with added…

The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA) has issued an opinion reiterating a previous conclusion that products with less than 75 mg of caffeine may not bear an increased alertness claim, because most studies found “no effect of caffeine doses of less than 75 mg on various cognitive tasks (simple reaction time, choice reaction time and reaction time on other vigilance tasks).” EFSA has also issued an opinion regarding a request to broaden the approved cholesterol-lowering claim for plant sterol esters. In response to a request to extend conditions of plant sterol esters to an additional food matrix (powder supplements to be diluted in water), the panel reiterated its previous conclusion that, “while plant sterols added to foods such as margarine-type spreads, mayonnaise, salad dressings, and dairy products such as milk, yoghurts, including low-fat yoghurts, and cheese have been shown consistently to lower blood LDL-c…

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