The Food and Drug Administration (FDA) has issued warning letters to four manufacturers of alcoholic energy drinks (AEDs), calling the caffeine added to these malt beverages an “unsafe food additive” and threatening further action against Charge Beverages Corp.; New Century Brewing Co., LLC; Phusion Projects, LLC; and United Brands Company Inc. FDA apparently released its decision after conducting a scientific review that encompassed peer-reviewed literature, expert consultations, information provided by manufactures, and its own independent laboratory analysis. The agency’s findings evidently raised concerns “that caffeine can mask some of the sensory cues individuals might normally rely on to determine their level of intoxication,” leading to “hazardous and life-threatening situations.” As FDA Principal Deputy Commissioner Joshua Sharfstein summarized in a November 17, 2010, press release, “FDA does not find support for the claim that the addition of caffeine to these alcoholic beverages is ‘generally recognized as safe [GRAS],’ which is the…
Category Archives Legislation, Regulations and Standards
“Americans now eat an average of 33 pounds of cheese a year, nearly triple the 1970 rate,” writes New York Times investigative reporter Michael Moss in this article about Dairy Management Inc., a U.S. Department of Agriculture (USDA) “marketing creation” with a $140 million annual budget “largely financed by a government-mandated fee on the dairy industry.” According to Moss, “The organization’s activities, revealed through interviews and records, provide a stark example of inherent conflicts in the Agriculture Department’s historical roles as both marketer of agriculture products and America’s nutrition police.” Moss claims that despite federal efforts to curb the consumption of saturated fats, Dairy Management has “worked with restaurants to expand their menus with cheese-laden products,” in addition to spending “millions of dollars on research to support a national advertising campaign promoting the notion that people could lose weight by consuming more dairy products.” His exposé opines that the group’s…
The Washington State Liquor Control Board (WSLCB) has passed a resolution to temporarily “prevent the further sale and distribution of malt beverage products containing caffeine and other stimulants.” Washington Governor Christine Gregoire (D) joined WSLCB in announcing the measure, citing reports that nine Central Washington University students “became dangerously ill” after consuming alcoholic energy drinks (AEDs). “Quite simply, these drinks are trouble. They contain up to 12 percent alcohol – more than twice the amount found in most beer,” Gregoire was quoted as saying. “Added to that are large amounts of caffeine, which can mask the effects of alcohol. By taking these drinks off the shelves we are saying ‘no’ to irresponsible drinking and taking steps to prevent incidents like the one that made these college students so ill.” The emergency ban apparently covers all AEDs “that combine beer, strong beer, or malt liquor with caffeine, guarana, taurine, or other similar…
According to media sources, the EU Council of Ministers’ Legal Service has expressed “strong doubts” about the feasibility of a proposal that would allow individual member states to set their own policies for regulating genetically modified (GM) crops. The opinion has reportedly raised questions about whether the legislation would violate World Trade Organization rules, especially since a GM crop ban based on ethical rather than environmental or health concerns would be difficult to uphold in European courts. An EU official has quoted the opinion, which was due to be officially presented on November 11, as saying that, “Economic arguments cannot be relied upon . . . so the obvious remaining candidate would therefore be ethical reasons.” Also referring to this “leaked” legal opinion, the Institute for Environmental Studies at the VU University Amsterdam has hailed the report as validating the views of its own biotechnology law specialist, Thijs Etty. “This…
An international panel of experts has identified food as “by far the main source of bisphenol A (BPA) exposure,” although levels of chemical in the human body are “very low” and quickly eliminated through urine. The World Health Organization (WHO) and U.N. Food and Agricultural Organization (FAO) announced the findings after more than 30 experts convened in Ottawa, Canada, to review the latest scientific data on BPA. The panel apparently concluded that BPA migrates into food from food packaging, such as plastic containers, baby bottles and coated food cans. Other BPA sources–including house dust, soil, toys, dental treatments, and thermal cash register receipts–are “of minor relevance,” according to a November 9, 2010, joint WHO/FAO press release. The panel reportedly noted, however, that “it is difficult to interpret the relevance” of recent scientific studies that have associated BPA exposure with adverse health effects, warning that “[u]ntil these associations can be confirmed,…
The Government Accountability Office (GAO) has released an 88-page report that claims better collaboration is needed among the four federal agencies overseeing live animal imports to reduce the risk of animal-related diseases coming into the United States. According to GAO, more than 1 billion live animals were imported into America from 2005 through 2008, but “gaps” in the statutory and regulatory framework could allow animal and zoonotic diseases to “emerge anywhere and spread rapidly.” GAO reviewed statutes, visited ports of entry and surveyed the Department of Health and Human Services’ Centers for Disease Control and Prevention, Department of the Interior’s Fish and Wildlife Service, Department of Agriculture’s Animal and Plant Health Inspection Service, and Department of Homeland Security’s Customs and Border Protection. The experts cited by the report identified several barriers to agency collaboration, “such as different program priorities and unclear roles and responsibilities.” GAO also found that “because each…
The San Francisco Board of Supervisors has given preliminary approval to an ordinance (No. 101096) that would prohibit restaurants from offering toy giveaways in children’s meals deemed too high in calories, salt or fat. Approved by an 8-to-3 vote on November 2, 2010, the legislation reportedly has enough votes to override Mayor Gavin Newsom’s expected veto when the bill comes before the board for a final vote. If approved, the law would take effect in December 2011. Under the ordinance, restaurants would be prohibited from offering “incentive items” such as toys, trading cards or admission tickets in meals containing more than 600 calories and 640 milligrams of sodium, and if fat makes up more than 35 percent of the calories, except for fats contained in nuts, seeds, eggs, or low-fat cheese. It would also require meals to include a certain amount of fruits and vegetables. District 8 Supervisor Bevan Dufty…
The Michigan Liquor Control Commission (MLCC) has rescinded “the approval of all alcohol energy drinks [AEDs],” citing “widespread community concerns aired by substance abuse prevention groups, parent groups and various members of the public, as well as the Food and Drug Administration’s (FDA’s) decision to further investigate these products.” According to a November 4, 2010, press release, the commission also believes that AED packaging “is often misleading, and the products themselves can pose problems by directly appealing to a younger customer, encouraging excessive consumption, while mixing alcohol with various other chemical and herbal stimulants.” The MLCC’s order gives retailers 30 days to remove AEDs from commerce and includes a list of affected products. “The Commission’s concern for the health, safety and welfare of Michigan citizens and the fact that there is not enough research to validate that these products are safe for consumption has made me believe that until further…
Beyond Pesticides, a Washington, D.C.-based organization opposed to the use of pesticides, has issued a call for comments to the U.S. Department of Agriculture’s National Organic Program (NOP) supporting recommendations by the National Organic Standards Board that would prohibit the use of engineered nanomaterials from certified organic products. According to the organization’s blog, the board passed the recommendations during its October 25-26, 2010, meeting. Among other matters, the recommendations include a working definition for engineered nanomaterials and propose that engineered nanomaterials be prohibited in both organic production processing and packaging. The board also called for NOP to schedule a symposium on the topic to consider whether the definition is adequate and enforceable and the best regulatory approach to address the matter. Beyond Pesticides is concerned about the unknown “long-term impacts of nanomaterials on human health and the environment.”
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has published several notices pertaining to the regulation of wine and spirits. Comments on all are requested by January 3, 2011. Responding to recent action taken by the Food and Drug Administration with respect to cochineal extract and carmine, which will have to be declared on food labels because of their potential for severe allergic reactions, TTB has proposed requiring the disclosure of these ingredients on wines, distilled spirits and malt beverages. Cochineal extract and carmine are derived from an insect native to subtropical South America and Mexico. According to TTB, its proposal “would allow consumers who are allergic to cochineal extract or carmine to identify and thus avoid alcohol beverage products that contain these color additives.” TTB has also proposed amending wine labeling regulations “to allow the labeling of imported wines with multistate appellations of origin.” According to the agency, this…
