The U.S. Department of Agriculture’s (USDA’s) Office of Inspector General (IG) has issued an audit report criticizing USDA agencies for lacking coordinated oversight of regulations behind research and development of genetically engineered (GE) animals and insects. The agencies conduct and fund research into how GE animals can enhance the productivity of food animals and how GE insects can reduce problems posed by agricultural pests, according to the report. Among its criticisms, the report faults the Animal and Plant Health Inspection Service (APHIS) for not developing regulations for GE animals and insects that pertain specifically to their introduction for “import, interstate movement, or field release.” Noting that “APHIS program units focusing on biotechnology and animal health, respectively, had not coordinated with one another to prioritize the development of a regulatory framework for GE animals and insects,” the report states that consequently “the requirements that apply to these organisms were not clear…
Category Archives Legislation, Regulations and Standards
Another tomato grower has filed a claim for damages against the Food and Drug Administration (FDA), alleging that the agency announced a nationwide recall of all tomatoes in the United States in 2008 without having identified tomatoes as the source of a Salmonella outbreak. Williams Farms Produce Sales, Inc. v. United States, No. 11-01399 (D.S.C., filed June 8, 2011). Details about similar claims also filed in a South Carolina federal court appear in Issue 395 of this Update. According to the complaint, FDA ultimately conceded that tomatoes were not the source of the Salmonella contamination, but not before the price for tomatoes plunged. Alleging negligence, defamation, slander of title, product/ commercial disparagement, unconstitutional taking, and violation of unfair trade practices law, the plaintiff seeks actual damages in excess of $11 million, special damages, compensatory damages, treble damages, attorney’s fees, and costs.
Minnesota Governor Mark Dayton (D) has vetoed legislation (House File 264/ Senate File 160) aimed at giving fast-food chains civil immunity if consumers gain weight after consuming their products. “Unfortunately, this bill provides to companies that manufacture, distribute, or sell food and nonalcoholic beverages civil immunity, except for: ‘any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, if the violation is knowing and willful,’” Dayton said in his May 27, 2011, veto. “That requirement of being ‘knowing and willful’ creates too broad an exemption from liability, according to legal experts with whom I consulted.”
The Hawaii State Department of Health (DOH) has launched a public awareness effort advocating consumption of beverages containing less sugar. The “Don’t Drink Yourself Fat” campaign is reportedly part of a $3.4 million federal grant for Kauai and Maui District Health Offices’ Communities Putting Prevention to Work initiative. “Research points to the strong correlation between consumption of sugar-loaded beverages and obesity with its many associated health problems,” said DOH Kauai District Health Officer Dileep Bal. “We know from our experience with anti-tobacco efforts that targeted media campaigns work and are a key component not only in raising awareness, but in changing social norms.” See DOH Press Release, May 31, 2011.
German authorities have finally narrowed the field of suspects in an E. coli outbreak affecting Europe, where a reported 31 people have died from a rare strain of the disease. Speaking at a June 10, 2011, press conference, Robert Koch Institute President Reinhard Burger confirmed that an organic bean sprout farm is the likely epicenter, putting to rest widespread public confusion as officials worked frantically—and sometimes erroneously—to pinpoint the source. Although it lacked a set of definitive test results, the institute apparently based its conclusion on evidence showing that people who consumed the bean sprouts at one restaurant were nine times more likely to contract the illness, which has been linked to renal and neurological complications in approximately 700 out of 3,000 total cases. Authorities have since quarantined the Lower Saxony farm, but tomato, cucumber and lettuce farmers implicated at the outset are already seeking compensation for plummeting prices and…
The U.S. Department of Agriculture (USDA) has reportedly found at least 34 unapproved pesticides on cilantro samples during routine testing. According to the agency’s recently issued 2009 Pesticide Data Program report, 94 percent of the 184 samples tested in a rotating selection of produce came up positive for at least one pesticide. With no definite answers as to why the cilantro samples contained pesticide residues, government researchers have suggested that growers may have confused guidelines for cilantro with those for flat-leaf parsley, which is approved for more pesticides. Asserting that they will take follow-up action, some industry leaders are equally puzzled. “It’s something we need to look into,” Kathy Means of the Produce Marketing Association was quoted as saying. “We need to determine: Why this year, why this crop? What’s going on?” See Chicago Tribune, May 31, 2011.
The U.S. Department of Agriculture (USDA) has launched a new food icon aimed at helping consumers make healthier food choices. By replacing the pyramid guide to healthy eating with a plate divided into fruit, vegetable, grains, protein, and dairy food groups, USDA reportedly hopes the MyPlate icon will “prompt consumers to think about building a healthy plate at meal times.” New York University Professor Marion Nestle was among those who praised the icon as an easy-to-understand nutrition guide. “The new plate icon makes it clear that healthy eating means lots of vegetables, fruits, and whole grains, and for that alone it is a big step forward,” she said. “You don’t need a computer to use it. It lets you fill your plate with whatever foods you like without worrying about portion numbers. Best of all are the messages that come with it. Enjoy your food!” See USDA Press Release, June…
Rumors that Denmark banned the sale of Marmite and other savory yeast extract spreads because they contain added vitamins have apparently given rise to online protests and calls to boycott iconic Danish brands such as Lego®. Media sources have reported that Marmite fans rallied on Facebook and other social media sites after hearing that the Danish Veterinary and Food Administration (DVFA) ordered the product off store shelves along with other fortified foods like Ovaltine and Vegemite. “Spread the word, but most importantly spread the Marmite,” wrote the founder of one Facebook page devoted to expat Marmite aficionados. “Let the rise of the Marmite army begin!” According to DVFA, however, authorities have not banned the spread but simply reiterated that foods with added vitamins, minerals or other substances cannot be marketed in Denmark without agency review and approval. “Products with food additives, vitamins and minerals claims in their marketing need to…
A coalition of non-profit advocacy organizations has filed a complaint for declaratory and injunctive relief against the Food and Drug Administration (FDA), alleging that the agency has unreasonably delayed action on several of its petitions relating to the use of antibiotics in animal feed. Natural Res. Def. Council v. FDA, No. 11-3562 (S.D.N.Y., filed May 25, 2011). The plaintiffs seek orders compelling the agency to “withdraw approval for subtherapeutic uses of penicillin and tetracyclines, unless FDA’s findings are reversed in new administrative proceedings.” According to the complaint, while FDA determined in 1977 that these drugs” have not been shown to be safe,” it never withdrew its approvals for the drugs’ subtherapeutic uses. Contending that “misuse and overuse of antibiotics has given rise to a growing and dangerous trend of antibiotic resistance,” the coalition alleges that some of its organizations filed citizen petitions in 1999 and 2005 requesting that FDA “withdraw approvals…
An administrative law judge has apparently begun hearing a Federal Trade Commission (FTC) complaint alleging that POM Wonderful LLC makes false and unsubstantiated claims that its pomegranate juice products will prevent or treat “heart disease, prostate cancer, and erectile dysfunction.” According to a news source, the government opened its case by asserting that the studies on which the company relied do not support the marketing claims and that its executives “repeatedly ignored warning signs that the marketing didn’t match the science.” Food and beverage companies and advertisers are reportedly watching the dispute closely; if the agency prevails, the companies will have to support their advertising with more scientific evidence. POM contends that its product claims are supported by $35 million in research and that the company has “sponsored or participated in more than 90 scientific investigations with over 65 studies on POM products, including 17 clinical trials.” POM will also…
