The Legislature of Suffolk County, New York, has adopted new measures (1920-2012, 1085-2013 and 1086-2013) designed to curtail the marketing of energy drinks to minors within county limits. Introduced by William Spencer (D-Centerport), the three new laws will (i) prohibit companies from providing free energy drink samples and coupons to individuals younger than age 18; (ii) ban the sale and distribution of these products to minors in county parks; and (iii) establish a “Truth About Stimulant Drinks” public education campaign “to increase awareness of side effects associated with energy drink consumption.” The legislation also specifies civil penalties between $500 and $1,000 per violation of the new rules. “Far too many people are unaware of the effects excessive caffeine consumption can have on the body,” Spencer told reporters. “Excessive consumption of caffeine can aggravate pre-existing conditions and contribute to a variety of health problems. My plan levels the playing field and…
Category Archives Legislation, Regulations and Standards
The Idaho Senate has approved a joint memorial bill (S.J.M. 102) that would (i) state legislative findings, including that “taxpayers have a right to expect that their tax dollars will purchase fresh, healthy food that meets nutritional standards that will not contribute to health issues and higher medical costs,” and (ii) urge the federal government “to prohibit the purchase of unhealthy food items with Supplemental Nutritional Assistance Program (SNAP) benefits.” Introduced on March 19, 2013, the proposal was adopted by voice vote on March 22 and sent to the state House. The bill lists the types of foods that the legislature deems unhealthy, including “energy drinks defined as a beverage containing at least sixty-five milligrams of caffeine per eight fluid ounces that is advertised as being specifically designed to provide metabolic stimulation or an increase to the consumer’s mental or physical energy; a sweetened beverage or ‘soft drink’ defined as…
The European Food Safety Authority’s (EFSA’s) Scientific Committee has issued an opinion “that clarifies the scientific criteria for identifying an endocrine disruptor.” Requested by the European Commission, the opinion addresses “the testing and assessment of endocrine active substances (EASs) and endocrine disruptors (EDs)” by adopting the World Health Organization’s definition for EDs, which must meet the following three criteria: “the presence of (i) an adverse effect in an intact organism or a (sub)population; (ii) an endocrine activity; and (iii) a plausible causal relationship between the two.” The opinion also identifies “a reasonably complete suite of standardized assays for testing the effects of EASs [that] is (or will soon be) available for the oestrogenic, androgenic, thyroid and steroidogenic modalities in mammals and fish” known to be sensitive to endocrine disruption. The Scientific Committee has stressed, however, that not all EASs are EDs, ultimately advocating “a risk assessment approach” that evaluates substances…
According to the Food and Drug Administration (FDA), a federal court has approved a consent decree with Clifton, New Jersey-based Butterfly Bakery, Inc. over claims that it distributed misbranded food products, such as muffins and snack cakes. United States v. Butterfly Bakery Inc., No. 13-669 (D.N.J., order entered March 5, 2013). Under the agreement, the bakery will be unable to process or distribute food until it complies with the Food, Drug, and Cosmetic Act. FDA and state testing apparently showed that foods labeled as “sugar free” contained sugar, and some products contained three times the amount of declared or labeled sugar and two times the amount of fat or saturated fat. See FDA News Release, March 13, 2013.
Two agricultural organizations have filed a citizen petition with the Food and Drug Administration (FDA) seeking to ban the use of antibiotics in ethanol production so that the leftover mash, known as “distillers grains with solubles (DGS),” which is fed to livestock, does not add to the levels of antibiotics used in the production of poultry and meat in the United States and thus contribute to the development of “superbugs,” that is, bacteria resistant to multiple antibiotics. In re Ctr. for Food Safety, No. __, (FDA, filed March 15, 2013). In the alternative, the petitioners request that FDA adopt regulations that deem antibiotics sold to ethanol producers for DGS production as new animal drugs, require drug sponsors to seek FDA approval for their use and ban the sale of antibiotics that have not been approved as new animal drugs. According to the Center for Food Safety and Institute for Agriculture…
A group of physicians, researchers and public health experts has urged Food and Drug Administration (FDA) Commissioner Margaret Hamburg to consider the purported adverse health effects, particularly for children and adolescents, posed by energy drinks containing high levels of caffeine, apply existing generally recognized as safe standards to such beverages and require manufacturers to provide caffeine content on product labels. In their March 19, 2013, letter, the signatories cite their own and others’ research to claim that an increase in the consumption of products with added caffeine has been associated with fatalities and injuries, increased emergency room visits, cardiovascular complications, seizures, childhood obesity, and risky behaviors when combined with alcohol. They contend that while caffeine’s effects on adults are known, safe levels for teenagers have not been sufficiently shown. In a related development, several energy drink companies, including Monster Beverage, have reportedly changed their product labels to declare the caffeine…
The U.S Department of Agriculture (USDA) and U.S. Environmental Protection Agency (EPA) have scheduled a March 28, 2013, public meeting in Arlington, Virginia, to address draft U.S. positions for discussion at the 45th Session of the Codex Committee on Pesticide Residues of the Codex Alimentarius Commission during a May 6-13 meeting in Beijing. Agenda items include (i) a report by the 2012 joint Food and Agriculture Organization and World Health Organization meeting on pesticide residues; (ii) a discussion paper on principles and guidance for estimating maximum residue limits for pesticides; and (iii) a discussion paper on guidance for establishing maximum residue limits for pesticides for minor and specialty crops. See Federal Register, March 14, 2013.
The U.S. Department of Agriculture (USDA) has issued a proposed rule that would revise Country of Origin Labeling (COOL) requirements for muscle cuts of meat and amend the definition of “retailer” to include “any person subject to be licensed as a retailer under the Perishable Agricultural Commodities Act.” Under the proposed rule, “origin destinations for muscle cut covered commodities derived from animals slaughtered in the United States would be required to specify the production steps of birth, raising, and slaughter of the animal from which the meat is derived that took place in each country listed on the origin designation.” According to USDA, the proposed rule would also “eliminate the allowance for any commingling of muscle cut covered commodities of different origins.” The proposal does not change “existing country of origin labeling of imported muscle cuts derived from animals slaughtered in another country.” The agency said that it “expects that…
The Food and Drug Administration (FDA) recently denied a citizen petition seeking to replace “the FDA action level of 1.0 parts per million (ppm) mercury in fish with an action level, regulatory limit or tolerance no greater than 0.5 ppm mercury in fish in order ‘to protect women of childbearing age, pregnant and nursing women, children and the most vulnerable populations.’” Filed by the Center for Biological Diversity and Got Mercury, the petition also asked FDA, among other things, to (i) enforce the new limit “and/or prohibit the sale of seafood that contains mercury concentrations that exceed it,” (ii) require retailers to post point-of-sale warnings or otherwise label fish “known to be high in methylmercury,” and (iii) conduct “regular, widespread” testing for mercury and publicize the results. In denying the petition, FDA noted the agency is authorized “but not required” to set a tolerance, action level or regulatory limit for…
The Seattle City Council has unanimously adopted a bill requiring 50 percent of the food and beverage offerings in vending machines operated on city property to be those deemed “healthier” and “healthiest” as defined by Public Health Seattle & King County’s “King County Healthy Vending Guidelines.” According to the guidelines, “healthier” items include baked potato chips, frozen fruit juice bars, whole grain crackers, and pretzels, while the “healthiest” category includes fresh or dehydrated fruit and vegetables, whole grain cereals, low-fat popcorn, unsalted nuts or seeds, and fat-free or low-fat plain yogurt. See Q13Fox.com, March 4, 2013. Meanwhile, Oregon state legislators have proposed legislation (H.B. 3403) that would establish nutritional requirements for the food and beverage offerings in vending machines in public buildings. Among other things, the proposal would limit vended items to those not containing (i) more than 200 calories per package; (ii) more than 35 percent of total calories…
