U.S. Senator Dick Durbin (D-Ill.) has urged the Food and Drug Administration (FDA) to “take regulatory action to address the rising health concerns around energy drinks” in an April 3, 2012, letter to FDA Commissioner Margaret Hamburg. Durbin’s action follows the December 2011 death of a 14-year-old girl that the lawmaker attributed to “caffeine toxicity after drinking two 24 ounce Monster Energy drinks in a 24-hour period.” Noting that FDA has the authority to regulate caffeine levels in soft drinks and additives in beverages, Durbin asked FDA to clarify whether energy drinks should be regulated as beverages or dietary supplements. “Most energy drinks are currently marketed as dietary supplements, therefore they do not need to establish evidence of their products’ safety or adhere to a limit on the level of caffeine,” he wrote. “At the same time, many energy drinks come in single-use containers ranging from 8 ounces to 32…
Category Archives Legislation, Regulations and Standards
A federal court in Iowa has dismissed claims filed by a legal defense fund and a number of raw-milk producers challenging Food and Drug Administration (FDA) regulations prohibiting the shipment of raw milk for human consumption across state lines. Farm-to-Consumer Legal Defense Fund v. Sebelius, No. 10-4018 (N.D. Iowa, decided March 30, 2012). According to the court, none of the plaintiffs alleged that “the FDA has applied or sought to apply the challenged regulations to them, and Wagoner’s contentions are merely conclusory and based on speculation.” Raw milk producer Eric Wagoner had apparently alleged that a Georgia Department of Agriculture official “ordered an embargo of raw milk that he had transported from South Carolina, where it is legal to buy raw milk, to Georgia, where it is not” and claimed that “the embargo was ordered at the direction of the FDA.” There was no evidence of FDA involvement, and because…
The Maharashtra Food and Drug Administration (MFDA) has reportedly seized more than 1 million cans of Red Bull®, an energy drink containing 250-300 parts per million (ppm) of caffeine, on the ground that the product exceeds the 145 ppm limit for carbonated beverages. according to a press report, no separate standards for caffeine in energy drinks exist, but the Food Safety and Standard Act 2006 states that all drinks containing caffeine should follow the carbonated beverage rules. The nation’s Food Safety and Standards Authority is developing a new energy drink category that could allow higher caffeine content. The action is apparently the second in India; Tamil Nadu has also evidently targeted the beverage for exceeding caffeine limits. MFDA Commissioner Mahesh Zagade reportedly said, “Caffeine is addictive and it has a long-term impact. Youngsters today are increasingly consuming alcohol with Red Bull. Parents should be keeping a check on what their…
The Broadcasting Authority of Ireland (BAI) has announced a public consultation regarding draft commercial codes that would prohibit the advertising of foods high in fat, sugar and salt (HFSS) during TV programs where more than 50 percent of viewers are younger than age 18. According to a March 30, 2012, BAI press release, the consultation considers new drafts of the General Commercial Communications Code and Children’s Commercial Communications Code, the latter of which currently makes commercials, sponsorships and other product placements “of particular interest to children, or those broadcast during children’s program[s],… responsible in their messaging and portrayal of food and drink to those aged under 18.” Drafted after receiving more than 226 submissions from a previous consultation, the proposed codes would specifically regulate advertisements for HFSS products as well as adopt a “nutrient profiling model” “to assess the nutritional profile of food and non-alcoholic drink.” In particular, the draft…
The U.K. Food Standards Agency (FSA) has announced a moratorium on the production of “desinewed meat” (DSM) from cattle, sheep and goats after the European Commission decided “that DSM does not comply with European Union [EU] single market legislation.” Produced using “a low pressure technique” to remove meat from bone but retain the structural integrity of the muscle fibers, DSM reportedly resembles “minced meat” and “is regarded as meat” by FSA. Although the Commission evidently does not view DSM as a health concern, it reportedly threatened to ban U.K. meat exports unless FSA issued a moratorium and reworked legislation to comply with the EU definition of “mechanically separated meat” (MSM), that is, “the product obtained by removing meat from flesh bearing bones after boning or from poultry carcasses, using mechanical means resulting in the loss or modification of the muscle fibre structure.” Meanwhile, the British Meat Processors’ Association (BMPA) has…
The U.S. Department of Agriculture (USDA) recently announced the expansion of its Quality Monitoring Program to include extra virgin and organic extra virgin olive oil. According to an April 3, 2012, post on the USDA blog, the program hopes to address questions raised in the last few years about olive oil quality and provide consumers with assurance that the products they purchase meet grade standards. Under the program, which already evaluates other commodities such as canned, frozen and fresh fruits and vegetables, the Agricultural Marketing Service will verify “olive oil quality and purity using criteria based on the U.S. grade standards . . . and international criteria,” as well as conduct “unannounced plant visits to review product processes, quality assurance measures, and recordkeeping systems.” Products from the first program participant, Baltimore-based Pompeian, Inc., have reportedly met “chemical testing and flavor analysis requirements” and the company has agreed to additional site inspections.
U.S. Representative Chellie Pingree (D-Maine) has reportedly introduced legislation that would require manufacturers to label products containing lean finely textured beef (LFTB) trimmings. Dubbed the “Requiring Easy and Accurate Labeling” or REAL Beef Act, the proposal would mandate such labels “at the final point of sale” to inform consumers that they are purchasing what Pingree described in a March 30, 2012, press release as “pink slime.” Citing an online petition calling for an end to LFTB in school lunches, Pingree argued that consumers “have made it pretty clear they don’t want this stuff in their food. If a product contains connective tissue and beef scraps and has been treated with ammonia, you ought to be able to know that when you pick it up in the grocery store.” Meanwhile, the U.S. Department of Agriculture (USDA) has apparently agreed to grant manufacturers’ requests to voluntarily label LFTB trimmings in their products.…
The Federal Trade Commission (FTC) has released a report recommending best business practices “to protect the privacy of American consumers and give them greater control over the collection and use of their personal data.” Titled “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” the guidance reportedly expands on preliminary findings first issued in December 2010 and covered in Issue 374 of this Update. In particular, the March 2012 report urges companies to protect consumer privacy by (i) building protections into every stage of product design, including “reasonable security for consumer data, limited collection and retention of such data, and reasonable procedures to promote data accuracy”; (ii) giving consumers a “Do Not Track” mechanism to opt out of data collection; and (iii) providing greater transparency about the collection and use of consumer information. Unlike the preliminary version, which applied its framework to all businesses, the…
First synthesized by a Russian chemist in 1891 and deemed safe by the Environmental Protection Agency in 1976 when grandfathered in along with 62,000 other chemicals under the Toxic Substances Control Act, bisphenol A (BPA) was today confirmed for continued use in food packaging materials by the Food and Drug Administration (FDA). According to news sources, the agency rejected the Natural Resources Defense Council (NRDC) petition to ban the chemical, finding that the scientific evidence cited in the petition cannot be applied to humans, and the studies were too small or involved injecting BPA into animals rather than ingested over time, which is how human exposure occurs. See The New York Times, March 30, 2012. Produced at an annual rate of more than 8 billion pounds worldwide, BPA has been detected in the urine of nearly every adult and child tested in the United States, and, while it is quickly…
Del Monte Fresh Produce has reportedly informed Oregon Public Health and state Senior Epidemiologist William Keene that it will not act on its notice to sue over their identification of the company’s imported cantaloupes as the source of a 2011 Salmonella outbreak. Additional details about the litigation threat appear in Issue 408 of this Update. While a spokesperson refused to comment on the company’s action, its letter apparently indicated that the withdrawal was “a show of good faith” in its food safety discussions with the state; it is seeking a meeting with state food safety scientists. Del Monte Fresh Produce also sued the Food and Drug Administration (FDA), claiming that the agency lacked an adequate factual basis to conclude that the company’s Guatemalan cantaloupe supplier was the source of the contamination. The company sought to lift FDA’s import alert which prohibited it from importing from its Guatemalan source without proving the…
