Category Archives Legislation, Regulations and Standards

The Center for Digital Democracy and the Berkeley Media Studies Group have released a report, “Alcohol Marketing in the Digital Age,” that discusses some of the specific ways that alcohol beverage companies are conducting contemporary advertising campaigns using digital media, data collection, behavioral targeting, social media, and online gaming and video that allegedly appeal to underage youth. The report, which was reportedly submitted to the Federal Trade Commission (FTC), calls on that agency, as well as the state attorneys general, to “investigate the data collection, online profiling, and targeting practices of alcohol beverage companies online, including social media data-mining technologies. The FTC and other regulators need to determine whether alcohol beverage ad targeting is reaching specific young people and their networks.” While the report notes that beer and alcohol companies have “a self-regulatory code of ethics that includes provisions for limiting exposure to marketing messages to underage youth,” its authors…

The Institute of Medicine (IOM) this week published a consensus report titled Evaluation of Biomarkers and Surrogate Endpoints in Chronic Disease, which urges the Food and Drug Administration (FDA) to apply “the same degree of scientific rigor for evaluating biomarker use across regulatory areas, including drugs, medical devices, biologics, foods, and dietary supplements.” IOM describes biomarkers, such as blood cholesterol levels, as “biological yardsticks” used to predict health effects when it is difficult to measure the actual incidence of disease or death. According to a May 12, 2010, press release, “FDA has been hampered in its ability to assess the proliferation of health claims being made by food and supplement manufacturers in part because it lacks a process broadly accepted across the regulatory, food, and medical communities to evaluate biomarkers as valid and appropriate measurements to substitute for clinical outcomes.” Commissioned by FDA, the report proposes a three-part framework for…

The European Union has reportedly allowed Madeira, an autonomous region of Portugal located 500 kilometers from the African coast, to prohibit the use of genetically modified organisms (GMOs) on the archipelago. According to The New York Times, the European Commission “quietly” let the deadline pass for opposing the GMO ban, which Portuguese officials claimed was necessary to preserve Madeira’s rare subtropical laurel forests, known as laurisilva. “[T]he case of Madeira represents a significant landmark, because it is the first time the commission… has permitted a country to impose such a sweeping and definitive rejection of the technology,” states the May 9, 2010, article. In issuing its decision, the European Commission apparently circumvented the European Food Safety Authority and signaled “the unofficial beginning of a new—and potentially highly contentious—policy that would give European nations and regions far greater freedom to decide when to ban such crops.” This policy seeks to grease…

The Food and Drug Administration (FDA) has issued industry guidance to advise food manufacturers on appropriate protocol for dealing with a boil-water advisory. The guidance is also “intended to assist food manufacturers in evaluating food that already was produced with water subject to the advisory.” According to FDA, once a boil-water advisory has been issued, food manufacturers “should stop using the water subject to the advisory until the water again meets the applicable Federal and State drinking water quality standards.” The guidance offers assistance to affected manufacturers in evaluating water used in heated foods, ice, bottled water, ready-to-eat foods, and water used for cleaning and hand-washing. The agency issued the guidance in response to the recent boil-water advisory that affected some two million residents of metropolitan Boston. Comments are requested at any time. See Federal Register, May 13, 2010.

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a new set of performance standards to reduce the incidence of Salmonella and Campylobacter bacteria in young chickens and turkeys. The new standards hold poultry slaughterhouses more accountable by decreasing the number of samples allowed to test positive for the pathogens. After two years under the new standards, USDA predicts that 39,000 illnesses due to Campylobacter will be avoided each year as will 26,000 fewer illnesses attributable to Salmonella. Although Center for Science in the Public Interest (CSPI) Food Safety Director Caroline Smith DeWaal generally welcomed the standards, she lamented the fact that “USDA still lacks authority to enforce these standards by closing failing plants. For consumers to fully realize the benefits of the improved standards, Congress should reinstate USDA’s authority to enforce its performance standards.” In a related move, FSIS has issued the third edition of a…

While the president’s Task Force on Childhood Obesity released its action plan with 70 specific recommendations to significant praise and fanfare this week, nutrition professor and author Marion Nestle questioned whether the ideas will actually work given their reliance on voluntary collaboration and participation. She said in her blog, “Voluntary, as evidence demonstrates, does not work for the food industry. Much leadership will be needed to make this plan work. But these recommendations should give advocates plenty of inspiration to continue working on these issues.” First lady Michelle Obama joined several task force members when the report was issued and said, “For the first time, the nation will have goals, benchmarks, and measurable outcomes that will help us tackle the childhood obesity epidemic one child, one family, and one community at a time. We want to marshal every resource—public and private sector, mayors and governors, parents and educators, business owners…

A San Francisco elected official has reportedly asked the city attorney to draft an ordinance that would prohibit “fast food restaurants from including toys with meals marketed at children that are high calorie, high sugar and high in fat.” The request comes after the Santa Clara County Board of Supervisors’ recent approval of a similar ordinance. San Francisco District 1 Supervisor Eric Mar (D) told a news source that his effort is intended to reduce childhood obesity. “We will protect our communities from fast food companies that are spending $1.6 billion marketing their wares to children,” he said. See The San Francisco Examiner, April 28, 2010, and Nation’s Restaurant News, May 2, 2010.

The EU Committee on Environment, Public Health and Food Safety (ENVI) has reportedly rejected a draft provision that sought to allow products from cloned animals and their descendants on the European market. ENVI considered the proposal as part of its efforts to update and simplify regulations pertaining to foods that “have not been consumed to any significant degree in the EU before May 1997.” These novel foods include those that are “newly developed, such as food produced by new production processes like nanotechnology, but also foods traditionally consumed outside the EU.” Members of European Parliament apparently voted 42-2 “in favor of entirely excluding food derived from cloned animals and their offspring from the scope of this legislation.” Instead, they have asked the European Commission, which initially proposed regulating these products under the novel foods framework, “to present a separate legislative proposal to prohibit food derived from cloned animals and their…

At the request of the Senate Committee on Finance, the U.S. International Trade Commission has initiated an investigation into “China’s Agricultural Trade: Competitive Conditions and Effects on U.S. Exports.” The commission will conduct a public hearing on the matter June 22, 2010, and the deadline for requests to appear is May 25. Prehearing briefs and statements must be filed no later than June 3. A commission report will be submitted to the Senate committee on March 1, 2011. According to the commission notice of investigation and hearing, the report will cover the conditions of competition in China’s agricultural market and trade from 2005 to 2009 or the latest year for which data are available. Among other matters, the report will include information about trends in production, consumption and trade in China’s agricultural market; government agricultural market programs and pricing and marketing regimes; China’s participation in global agricultural export markets; tariffs and…

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has announced plans to publicize enforcement actions taken in response to violations of the Animal Welfare Act (AWA). Starting in June 2010, APHIS will issue monthly press releases that disclose (i) people and businesses charged with AWA violations, and (ii) information about closed enforcement cases and penalties levied. The agency has reportedly revived the practice, which was discontinued in 2002, as part of its crackdown on AWA offenses. “It is clear that certain repeat offenders are not taking issues of animal welfare and humane treatment seriously enough. In turn, APHIS will not only be moving more swiftly to take enforcement action, but we will be making information about those enforcement actions available to the public on our Website,” APHIS Administrator Cindy Smith was quoted as saying.

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