The International Association for the Study of Obesity (IASO) has released a July 2010 report on the PolMark Project, a survey commissioned by the European Union to examine how member states regulate food and beverage marketing to children. According to IASO, “The researchers found that two-thirds of the 53 countries in the region now have official policies on the need to restrict the promotion of unhealthy food to children, a dramatic increase since a similar survey five years earlier. However, most countries are depending on self-regulation by industry and only a few have brought in specific statutory measures.” The report apparently notes that 92 percent of key stakeholders interviewed in 11 countries “believed there was a link between advertising and child obesity.” In addition, (i) two-thirds “believed current controls on marketing to children were not strong enough”; (ii) more than 80 percent “thought that restrictions on advertising for certain types…
Category Archives Legislation, Regulations and Standards
The UK Department of Health (DH) has announced its intention to preserve the Food Standards Agency (FSA) as a non-ministerial authority responsible for food safety policy and enforcement. According to a July 20, 2010, press release, DH will take over England’s nutrition policies, including those related to (i) food labeling and health claims; (ii) dietetic food and food supplements; (iii) calorie information in catering establishments; and (iv) product reformulation to reduce salt, saturated fat, sugar, and portion sizes. DH will also conduct nutrition research and work with the Scientific Advisory Committee on Nutrition, while the Department for Environment, Food and Rural Affairs (Defra) will handle country-of-origin labeling, other types of non-food-safety labeling, and food composition policies used to characterize products such as honey, jam, chocolate, and ice cream. On matters of food safety, however, advice from FSA experts “would be final.” The authority will also retain oversight of nutrition and…
The Food and Drug Administration (FDA) has called for comments on a proposed information collection included in a guidance document titled “Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition [CFSAN].” Under the National Environmental Policy Act of 1969, FDA must consider the environmental impact of its actions, including those related to food contact substance notifications; exemption requests for food additives; and petitions for GRAS affirmation, food additives and food colorings, food labeling, health claims, and nutrient content claims. FDA has since, however, amended its rulemaking to exclude certain classes of actions “that do not individually or cumulatively have a significant effect on the human environment.” Instead of routinely requiring information about the production of FDA-regulated articles, FDA has eliminated the previously required environmental assessment (EA) and provided guidance “to help industry submit a claim of categorical exclusion…
The Animal and Plant Health Inspection Service (APHIS) has issued a notice requesting voluntary participation in a program designed to improve compliance with regulations pertaining to the importation, interstate movement and environmental release of genetically engineered (GE) organisms. APHIS conducted a pilot Biotechnology Quality Management System (BQMS) Program in 2009 and has since refined its draft audit standard and procedures and program training sessions. The program is intended to help all regulated entities, including universities, small businesses and large companies, to develop “sound management practices through the creation and implementation of a customized biotechnology quality management system.” Participants will be expected to attend several training sessions, develop a BQMS within their organization, establish procedures addressing the movement and field testing of regulated GE organisms, participate in evaluations, and submit to a third-party verification audit. Letters of interest may be submitted at any time, but APHIS encourages submission as soon as…
In response to an Office of Management and Budget (OMB) request, the Business Roundtable and The Business Council have prepared a report with a list of laws and regulations that the nation’s business leaders reportedly believe “have a dampening effect on economic growth and job creation.” Among the business groups’ concerns are proposals that would affect how the food and beverage sectors conduct business. Titled “Policy Burdens Inhibiting Economic Growth,” the report cited Food and Drug Administration food labeling policies, proposals to increase beverage taxes, pending changes to food safety laws, proposed nutrition standards, and youth marketing initiatives as areas of particular concern. OMB Watch, an organization dedicated to “equitable regulatory and budgetary processes,” questioned the timing of the White House invitation, claiming that recent economic and environmental catastrophes were due to lax regulation and not “because government has been too zealous.” Acknowledging that OMB may have initiated the dialogue as…
Representative John Dingell (D-Mich.) recently sent a public letter to Senator Dianne Feinstein (D-Calif.), blaming her pursuit of a bisphenol A (BPA) ban for stalling the Food Safety Modernization Act (S. 510). Feinstein has apparently sought to include “controversial language” in the bill that would prohibit BPA in food and beverage packaging. According to Dingell, “recent press accounts” have suggested that Feinstein’s stance has endangered the fate of the legislation, which would grant the Food and Drug Administration (FDA) new authority to monitor the national food supply and enforce regulations. Other food safety advocates such as Safe Table Our Priority have reportedly joined Dingell in asking Feinstein to drop her agenda. Although Dingell noted the ongoing disagreement over BPA’s safety, he nevertheless urged his fellow lawmaker to negotiate with industry interests. “It would be calamitous if a bill to protect American consumers from unsafe food cannot become law this year…
A federal court in New Jersey has reportedly stayed for six months consumer fraud litigation against the company that makes Arizona Iced Tea® beverages and has asked the Food and Drug Administration (FDA) to determine whether high-fructose corn syrup (HFCS) qualifies as a “natural” ingredient. Coyle v. Hornell Brewing Co., No. 08-2797 (D.N.J., stay order entered June 15, 2010). Claiming that these beverages are deceptively marketed as “100% Natural” despite containing HFCS, the plaintiff alleges violation of the New Jersey Consumer Fraud Act, unjust enrichment and common-law restitution, and breach of express and implied warranties. The court issued the stay rather than dismiss the putative class action outright as requested by the defendants on the basis of the doctrine of primary jurisdiction. According to a news source, the court acknowledged that “categorizing HFCS as either natural or artificial for the purpose of food and beverage labeling does not fall within…
As part of its ongoing campaign to persuade government authorities to prohibit the use of bisphenol A (BPA), the Natural Resources Defense Council (NRDC) recently filed a lawsuit in the D.C. Circuit Court of Appeals seeking to force the Food and Drug Administration (FDA) to take action on a petition the organization filed in October 2008 requesting that the agency prohibit the chemical’s use in food packaging. In re: NRDC, Inc., No. 10-1142 (D.C. Cir., filed June 29, 2010). One year ago, NRDC also submitted a petition to California EPA’s Office of Environmental Health Hazard Assessment, requesting that BPA be added to list of chemicals “known to the state to cause reproductive toxicity” under the Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Prop. 65). In its lawsuit, NRDC notes that more than 600 days have passed since its FDA petition was filed, and the NRDC reiterates…
California EPA’s Office of Environmental Health Hazard Assessment has issued a notice indicating that it has proposed adding the qualifier “oral” to the maximum allowable dose level (MADL) for cadmium. Apparently, this qualifier was inadvertently omitted when the MADL of 4.1 micrograms per day was adopted under Proposition 65 (Prop. 65) in 2002. Comments must be submitted no later than August 23, 2010. Cadmium has apparently been used as a plasticizer, and some studies have indicated that it can be transferred to food by its use in fertilizer.
The UK Food Standards Agency (FSA) is reportedly the next target of the new Conservative-Liberal Democrat coalition government and Secretary of State for Health Andrew Lansley, who has released a white paper pledging to cut the National Health Service (NHS) and abolish quasi-governmental organizations “that do not need to exist.” Although a structural plan published alongside the paper recommends reforms to the food safety watchdog, media reports have cited unidentified sources as suggesting that Lansley plans to eliminate FSA and reallocate its duties to the Department of Health (DH) and the Department for Food, Rural Affairs and the Environment (Defra). DH, however, has countered these claims, maintaining that under the proposed reorganization, FSA would relinquish its oversight of nutrition policy but continue to serve “a robust regulatory function.” See The Guardian, July 12, 2010; DH Press Statement, July 15, 2010. The rumor has drawn swift criticism from consumer and health groups such…
