A coalition of animal rights organizations has reportedly filed a lawsuit against the U.S. Department of Agriculture (USDA) in federal court, alleging that the agency has violated the Poultry Products Inspection Act by allowing foie gras to be sold to consumers. Animal Legal Defense Fund v. USDA, No. __ (C.D. Cal., filed May 9, 2012). According to the plaintiffs, “the USDA is responsible for condemning all poultry products that come from diseased birds. Foie gras consists of the pathologically diseased livers of ducks who are force-fed massive amounts of grain, inducing the disease of hepatic lipidosis, which causes their livers to swell to ten times their normal size.” The organizations have petitioned the agency in the past to require warning labels that would state “NOTICE: Foie gras products are derived from diseased birds.” And they now cite a recent study that purportedly linked the consumption of foie gras to secondary…
Category Archives Legislation, Regulations and Standards
The European Food Safety Authority (EFSA) has announced the resignation of Management Board Chair Diána Bánáti, describing her decision to accept a position at the International Life Sciences Institute (ILSI) as “incompatible” with her agency duties. Bánáti apparently agreed to step down after critics raised concerns about EFSA’s supposed lack of transparency “in its links with lobbyists for biotech and food companies,” noted a May 9, 2012, Parliament article. Additional details about a Corporate European Observatory report that focused on EFSA members with ILSI ties appear in Issue 399 of this Update. Although EFSA stressed that board members must consider public perception in undertaking “any activities which could raise doubts about their independence,” Bánáti in her resignation speech reportedly defended the agency as “one of the most transparent organizations I know.” She also reiterated that ILSI Europe, where she will serve as executive and scientific director, is not an industry lobbying…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has proposed new traceback measures to better control and prevent pathogens from triggering foodborne illnesses and outbreaks. Particularly concerned with meat contaminated with Escherichia coli (E. coli), FSIS plans to “move quickly to identify the supplier of the product and any processors who received contaminated product from the supplier, once confirmation is received.” FSIS, which has provided industry guidelines on the matter, requests comments by July 6, 2012. See FSIS Press Release, May 2, 2012; Federal Register, May 7, 2012. FSIS has also issued a proposed rule that would remove the food preservatives sodium benzoate, sodium propionate and benzoic acid from a list of substances prohibited for use in meat or poultry products. Under the proposal, the Food and Drug Administration would continue to approve new safety uses of these substances in meat or poultry products while FSIS would approve them for…
The Food and Drug Administration (FDA) has determined that it will neither conduct a hearing nor make any changes to its final rule on the use of irradiation in processing and handling food. According to the agency, “the objections do not justify a hearing or otherwise provide a basis for revoking the regulation,” issued in October 2000 in response to a petition filed by Caudill Seed Co. which sought a regulatory amendment allowing “the safe use of ionizing radiation to control microbial pathogens in seeds for sprouting.” So ruling, FDA rejected Public Citizen’s concerns that the agency failed to apply a 100-fold safety factor, the petitioner submitted no conventional animal toxicity studies on sprouts from irradiated seeds, the review memorandum contained unsubstantiated statements, and the nutritional adequacy of irradiated seeds is questionable, among other matters. See Federal Register, May 11, 2012.
The National Consumers League (NCL) has filed a formal complaint with the Food and Drug Administration (FDA), alleging that NuVal LLC’s point of purchase nutrition rating system is “inconsistent with FDA guidance statements and enforcement correspondence, federal nutrition programs, and recommendations from the Institute of Medicine (IOM).” Used by more than 1,600 grocery stores in 31 states, the NuVal system apparently scores products out of 100 total points, with more nutritious options garnering a higher rating. NCL has argued, however, that NuVal relies on “a proprietary, non-public algorithm that can lead to inconsistent scores that may confuse and mislead consumers,” and has asked FDA to issue a warning letter to the retail industry about its continued use. Citing an IOM report on nutrition rating systems that criticized NuVal’s formula, the NCL complaint contends that NuVal “runs afoul” of FDA Guidance on Point of Purchase Labeling, which stipulates that all such…
The Public Health Advocacy Institute (PHAI) and several other organizations have asked the Federal Trade Commission (FTC) to “investigate PepsiCo’s current ‘Win from Within’ commercial television advertisement and commercial website for its Gatorade sports drink product featuring Michael Jordan’s performance during game 5 of the 1997 NBA Finals.” According to the letter, joined by groups such as the California Center for Public Health Advocacy, Center for Science in the Public Interest and Yale Rudd Center for Food Policy & Obesity, the ad “encourages teens to engage in dangerous behavior; sequences historical events to falsely enhance the role of Gatorade in Mr. Jordan’s game-winning athletic performance; and contains deceptive product imagery.” The letter claims that the ad targets teens by airing on cable networks appealing to teens, such as “Adult Swim, Teen Nick, ABC Family, and MTV.” The organizations claim that the ad promotes vigorous physical activity during illness, including a…
According to a news source, the Judicial Panel on Multidistrict Litigation (JPML) will conduct a hearing May 31, 2012, to consider the petitions filed by two consumer groups seeking to consolidate, for pretrial proceedings, putative class actions filed in various federal district courts alleging that companies selling orange juice as “All Natural” mislead consumers because the products undergo processing to increase shelf-life. In re: Orange Juice Mktg., MDL No. 2353 (J.P.M.L., May 31, 2012, hearing); In re: Simply Orange Juice Mktg. & Sales Practices Litig., MDL No. 2361 (J.P.M.L., May 31, 2012, hearing). Additional details about the litigation appear in issues 425 and 431 of this Update. See Bloomberg BNA Product Safety & Liability Reporter, April 30, 2012.
A California organization has reportedly gathered enough signatures to put a genetically modified organism (GMO) labeling initiative on the state ballot during the November 6, 2012, general election. According to a May 2, 2012, press release, the Committee for the Right to Know has registered 971,126 signatures, of which 555,236 must prove valid for the initiative to be included on the ballot. Submitted to the state attorney general as an initiative measure, the proposed California Right to Know Genetically Modified Food Act would require (i) raw agricultural commodities produced with genetic engineering to bear “clear and conspicuous” labels conveying this information, and (ii) all processed retail foods to display labels stating “Partially Produced with Genetic Engineering” or “May be Partially Produced with Genetic Engineering.” The act would also prohibit such foods from being marketed as “natural,” but would not apply to prepared meals sold in restaurants and intended for immediate…
The European Parliament recently adopted a resolution setting priorities for the Seventh Environmental Action Program (7EAP) and urging the Commission to present a 7EAP proposal “without delay.” Set to expire July 22, 2012, the Sixth EAP (6EAP) aimed to provide “an overarching framework for environment policy” and substantially consolidated environmental regulations, although it failed to fulfill several of its objectives and did not account for new challenges such as those concerning mixed chemicals, pesticides and water. The latest resolution calls for 7EAP to improve implementation, enforcement and integration of the policies laid out in 6EAP and to address additional goals in the following areas: (i) climate change; (ii) sustainability; (iii) biodiversity and forestry; and (iv) environmental quality and human health. In particular, the European Parliament has asked the next program to develop measures to counter “emerging human and animal health threats” as well as “examine the effects of new developments…
In response to “thousands of comments expressing concerns about the effect of the proposed rules on small family-owned farms,” the U.S. Department of Labor (DOL) has withdrawn a proposal intended to reduce injuries among children working on farms by, among other matters, prohibiting them from using certain equipment. Instead, the Departments of Labor and Agriculture “will work with rural stakeholders—such as the American Farm Bureau Federation, the National Farmers Union, the Future Farmers of America, and 4-H—to develop an educational program to reduce accidents to young workers and promote safer agricultural working practices.” Information about the proposed rule and a proposed “parental exemption,” that did not apparently satisfy critics, appears in Issue 425 of this Update. See DOL News Release, April 26, 2012.
