The French Agency for Food, Environmental and Occupational Health and Safety (ANSES) has released a report that warns of the risks associated with consumption of energy drinks, particularly for children, pregnant women and people with certain genetic predispositions, such as cardiovascular or psychiatric and neurological disorders, kidney failure or liver disease. The agency also recommends that consumers stop drinking the beverages in combination with alcohol and during physical exercise, suggesting stricter laws on advertising and prohibiting the products from sporting events and festivals. Noting that caffeine has long been consumed throughout the world, ANSES reports that its “novel and increasingly popular presentation in the form of so-called energy drinks is changing consumption patterns,” with approximately 30 percent of the French population consuming enough energy drinks “to push themselves into states of anxiety (around six espressos).” French National Assembly Social Security Budget Rapporteur Gérard Bapt reportedly intends to propose a special…
Category Archives Legislation, Regulations and Standards
The Food and Drug Administration (FDA) has extended until December 16, 2013, the period for submission of comments, scientific data and other information related to its risk assessment of human salmonellosis associated with the consumption of tree nuts. Originally published in the July 18 Federal Register, the assessment seeks to quantify the public health risk associated with eating tree nuts potentially contaminated with Salmonella and evaluate the impact of interventions to prevent contamination with the bacterium or to reduce contamination levels. Additional information about the risk assessment appears in Issue 491 of this Update. See Federal Register, October 4, 2013.
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a final rule addressing the recommendations submitted by the National Organic Standards Board (NOSB) as part of the 2013 sunset review of substances on USDA’s National List of Allowed and Prohibited Substances (the National List), which governs the use of synthetic and non-synthetic substances in organic crop and livestock production and handling. In addition to renewing for five years multiple exemptions (uses) and one prohibition on the National List in accordance with NOSB’s recommendations, AMS has removed an exemption for the synthetic form of tartaric acid made from malic acid, thus prohibiting its use in organic handling. Effective November 3, 2013, the final rule also includes the agency’s response to comments on the renewals of two synthetic substances—EPA List 3 Inerts and cellulose—and one non-synthetic substance—carrageenan—that are currently permitted in organic crop production, handling and processing. In particular,…
San Francisco Supervisor Eric Mar has reportedly requested a study from the Budget and Legislative Analyst’s office analyzing the impact of sugar-sweetened beverages (SSBs) on Bay Area residents’ health and health care costs, as well as summarizing what initiatives other U.S. cities have taken to reduce consumption of soft drinks, sweet teas and sports drinks. After the study is completed, the board of supervisors will hold a hearing on the findings. See San Francisco Examiner, September 27, 2013.
New York Attorney General Eric Schneiderman recently announced that 19 companies have agreed to stop hiring search engine optimization (SEO) and marketing entities to write fake online reviews after an undercover investigation into digital “astroturfing” allegedly found that such practices violate “multiple state laws against false advertising.” According to a September 23, 2013, press release, “Operation Clean Turf” reportedly revealed that companies posting fake consumer reviews on Yelp, Google Local and similar sites often used techniques to conceal their identifies, including “creating fake online profiles on consumer review websites and paying freelance writers from as far away as the Philippines, Bangladesh and Eastern Europe for $1 to $10 per review.” The investigation also identified SEO companies that purportedly offered to produce fake reviews on behalf of their clients as part of their reputation management services. “Consumers rely on reviews from their peers to make daily purchasing decisions on anything from…
The California Legislature has approved a bill (A.B. 227) that would impose a number of restrictions on private parties seeking to enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) and provide relief for small businesses that have been litigation targets since its enactment. If approved by the governor, who has until mid-October to do so, the law would require a person bringing a matter in the public interest to prepare a certificate of merit stating that the person or her attorney “has consulted with one or more persons with relevant and appropriate experience or expertise who has reviewed facts, studies, or other data regarding the exposure to the listed chemical” and, on the basis of that information, the person executing the certificate “believes there is a reasonable and meritorious case for the private action.” If a court concludes that “there was no actual or threatened…
The European Commission (EC) has issued a draft rule amending Regulation 1169/2011—a food information and labeling rule adopted in 2011—with regard to use of the term “nano” to describe food additives. The amended rule requires adherence to the definition of “engineered nanomaterial” provided in Recommendation 2011/696/EU, because this rule “reflects the technical and scientific progress to date.” The revised rule further states that the definition of a nanomaterial should be “linked” to the International Organization for Standardization’s definition that an engineered nanomaterial is “a nanomaterial designed for a specific purpose or function.” According to the revised regulation, some food additives, which had been registered as “nano,” may no longer be categorized as such. Noting that it would be “unsuitable” and confusing for certain food additives to be preceded by the word “nano,” the revision states that “food additives included in the [Union lists] should not be mandatorily qualified as ‘nano’ in the…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has issued a final rule, effective Oct. 17, 2013, amending regulations governing the standards for the condition of food containers. According to the agency, revising existing tables, removing operating characteristic curves and updating language in the standards will render them applicable to most types of food containers and align them with current industry practices. AMS also noted that since the standards were last amended in May 1983, innovations in packaging technologies have provided an increasingly wide variety of acceptable new food containers, including aseptic packaging, metal cans with easy-open lids, and plastic rings that hold several containers together. See Federal Register, September 17, 2013.
The Federal Trade Commission (FTC) has requested comments on proposed self-regulatory guidelines submitted by the kidSAFE Seal Program under the safe harbor provisions of the Children’s Online Privacy Protection Rule (the COPPA Rule). Owned and operated by Samet Privacy, LLC, the kidSAFE Seal Program identifies itself as “a fast-growing safety certification service and seal-of-approval program designed exclusively for children-friendly websites, mobile applications, tablet devices, and other similar interactive services and technologies.” The program is seeking safe harbor status pursuant to Section 312.11 of the Revised COPPA Rule. In particular, FTC has asked respondents to consider, among other things, whether (i) the proposed guidelines provide “the same or greater protections for children” as those contained in Sections 312.2-312.10 of the Rule; (ii) “the mechanisms used to assess operators’ compliance with the proposed guidelines” are effective; (iii) “the incentives for operators’ compliance with the proposed guidelines” are effective; and (iv) the proposed…
The Centers for Disease Control and Prevention (CDC) has issued a report examining the impact of antibiotic-resistant bacteria on human health. Titled Antibiotic Resistance Threats in the United States, 2013, the report categorizes bacterial strains as either urgent threats, serious threats or concerning threats according to their clinical and economic impacts, incidence, 10-year projection of incidence, transmissibility, availability of effective antibiotics, and barriers to prevention. Among the bacteria identified by CDC as serious threats are drug-resistant Campylobacter, drug-resistant non-typhoidal Salmonella, methicillin-resistant Staphylococcus aureus (MRSA), and drug resistant tuberculosis. In particular, the agency has noted that the “use of antibiotics in foodproducing animals allows antibiotic-resistant bacteria to thrive while susceptible bacteria are suppressed or die.” Warning that “much of antibiotic use in animals is unnecessary and inappropriate and makes everyone less safe,” the report highlights CDC’s work with the Food and Drug Administration and U.S. Department of Agriculture to monitor trends in antibiotic resistance…
