Health Canada has advised consumers not to purchase Chaotic Beverages sold under the brand names Mind Strike, Fearocity, Elixir of Tenacity, and Power Pulse “because they are unauthorized products marketed to a vulnerable population (children) with ingredients that may pose a health risk.” According to an agency press release, “The drinks are tied to a trading card game, animated TV series and website,” but contain unknown amounts of caffeine, “several herbs . . . not included in Health Canada’s list of botanicals with a history of safe use in children,” and unacceptably high levels of taurine, niacin and vitamin A. Power Pulse also allegedly contains “chromium picolinate at levels of possible concern in a product taken by children.” Meanwhile, manufacturer and importer U&ME Marketing has reportedly agreed to reformulate its products by removing all the herbs, taurine and niacin. “At the time of the recall, we had been approved by…
Category Archives Legislation, Regulations and Standards
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced a series of stakeholder meetings intended to address the “views, concerns, and issues surrounding the hazards of combustible dust,” which may be formed in workplaces that include agricultural and grain-handling industries, and factories that manufacture food, animal food, pesticides, and pharmaceuticals. With the first meeting slated for December 14, 2009, and additional meetings planned for early 2010, OSHA is soliciting feedback on (i) possible regulatory approaches to handling the hazards of combustible dust; (ii) the scope of any rulemaking; (iii) the organization of a prospective standard; (iv) the role of consensus standards; and (v) consequent economic impacts. The agency recently published an advance notice of proposed rulemaking that requested comments, including data and other information, on issues related to the hazards of combustible dust in the workplace. According to OSHA, “Materials that may form combustible dust include,…
People for the Ethical Treatment of Animals (PETA) has filed a new complaint with the Federal Trade Commission (FTC) claiming that the California Milk Advisory Board “is deliberately misleading consumers by advertising in its sales-promotion campaigns that cows on California dairy farms live in ‘comfort,’ are ‘very well cared for,’ and are ‘happy.’” According to the animal rights organization, “these statements do not stand up to even passing scrutiny.” An organization spokesperson alleges that, “conditions commonly found on California’s factory dairy farms have been scientifically proven to cause cows extreme physical pain and mental distress.” According to a news source, PETA filed a similar complaint with the FTC in 2002, but it was not resolved. PETA apparently claims that its new complaint is necessary because conditions have worsened on California dairy farms. The organization has also reportedly filed litigation over the issue, but the lawsuit was dismissed when the courts…
The chair of the U.S. House of Representatives’ Education and Labor Committee has reportedly asked the Government Accountability Office (GAO) to investigate the risk of E.coli contamination in school lunches. In a letter to GAO, U.S. Representative George Miller (D-Calif.) wrote that he remains “concerned about the safety of our nation’s food supply and whether there is an undue risk for food contaminated with dangerous pathogens to be unknowingly purchased by schools for use in the school meals program.” While the U.S. Department of Agriculture (USDA) currently requires E. coli testing for all ground beef acquired by schools through the commodity program, there are no minimum testing standards for ground beef that schools purchase off the commercial market. Miller has thus asked GAO to determine whether adequate protections are in place for school meals at the local, state and federal levels, and whether the safety and quality of ground beef…
U.S. Senators Bill Nelson (D-Fla.) and Mary Landrieu (D-La.) have introduced legislation seeking to block a Food and Drug Administration (FDA) proposal that would prohibit the distribution of raw oysters from the Gulf of Mexico during warm-weather months. “Specifically, the legislation, which was co-sponsored by Senator David Vitter (R-La.), would prevent [FDA] from using funds to implement a ban on sales of oysters that don’t undergo a sterilization process,” according to a November, 5, 2009, press release issued by Landrieu. Slated to take effect in 2011, the FDA plan would apparently require processing for Gulf oysters harvested between April and October. The agency has pointed to the risk that raw oysters can cause fatal Vibrio vulnificus infections in people with compromised immune systems, resulting in approximately 15 deaths per year. California has already enacted similar measures that bar the sale of untreated raw Gulf oysters in the state, which has…
U.S. Senator Debbie Stabenow (D-Mich.) has reportedly introduced the Growing Safe Food Act (S. 2758) to “help educate and train farmers and food processors in food safety.” Similar to the FDA Food Safety Modernization Act (S. 510) now stalled in the U.S. House of Representatives, the Growing Safety Food Act would create “a national food safety training, education, extension, outreach and technical assistance program for agricultural producers,” including small and mid-sized farms, food processors and wholesalers. The bill also requests $50 million to administer a competitive grant program, which would assist small and mid-sized businesses in “the areas of handling practices, manufacturing, produce safety standards, risk analysis, sanitation standards, safe packaging, storage, traceability, record-keeping, and food safety audits,” according to a November 10, 2009, press released issued by Stabenow, who penned the legislation after small farmers expressed concern that the Food Safety Modernization Act would impose prohibitive inspection fees and…
A provision in the U.S. House of Representatives’ proposed 1,990-page health care legislation (H.R. 3962) requires fast-food chains with 20 or more locations and vending machine owners to conspicuously post calorie counts. Section 2572 apparently goes a step further than menu-labeling initiatives in New York City and elsewhere by also requiring information about how those calorie counts fit into recommended daily guidelines. The provision requires that chain restaurants list the information “on the menu board including a drive-through board” and mandates that vending machine operators provide the data on “a sign in close proximity to each article of food or the selection button.” A spokesperson for the National Restaurant Association told a news source: “We’re very pleased that the nutrition information provision continues to garner bipartisan support, and we’re pleased that the agreement is now moving forward in the House of Representatives.” See Politico, October 30, 2009; Advertising Age, November…
The Food and Drug Administration (FDA) and U.S. Department of Agriculture’s Food Safety Inspection Service, (FSIS) will convene a joint meeting to address ways of enhancing current product tracing systems for food intended for humans and animals. FDA and FSIS reportedly intend for the December 9-10, 2009, event to stimulate ideas on improving their ability to “increase the speed and accuracy of traceback investigations and traceforward operations.” More specifically, the agencies want to “identify the source of contamination during outbreaks of foodborne illness and to improve the ability of all persons in the supply chain to more quickly identify food that is (or potentially is) contaminated and remove it from market during traceforward operations.” Public comments will be accepted until March 3, 2010. See Federal Register, November 3, 2009.
Pine nuts imported from China have reportedly left some Americans with a bitter, metallic aftertaste, prompting the Food and Drug Administration (FDA) to investigate the claims. According to a news source, FDA has received about two dozen complaints of “pine mouth” in recent months, but no illnesses have been reported. “Should the FDA find a public health hazard, then we will advise consumers accordingly,” an agency press officer said. The United States reportedly imports some 25 million pounds of pine nuts annually, 90 percent of which comes from China. A Richmond, Virginia, importer of Chinese pine nuts has scoffed at the pine mouth phenomenon, calling it an “Internet sensation” on food websites and blogs. He said he first heard reports of pine mouth a few years ago and had his product tested for heavy metals, Salmonella, yeast, and mold, but that testing revealed nothing unusual. See The Baltimore Sun, October…
San Francisco’s city attorney has written to the Kellogg Co. to express “serious concerns about Kellogg’s advertising of sugary children’s breakfast cereals with the claims, ‘Now Helps Support Your Child’s Immunity’ on the front of the package.” The company is apparently promoting its Cocoa Krispies® cereal with this claim. The letter contends that “[t]he Immunity Claims may also mislead parents into believing that serving this sugary cereal will actually boost their child’s immunity, leaving parents less likely to take more productive steps to protect their children’s health.” City Attorney Dennis Herrera also states, “At a time when parents are increasingly worried about the spread of the H1N1 virus (‘swine flu’), it is vitally important that parents receive accurate information about what they can do to protect their children’s health.” He suggests that the company may be violating California’s Unfair Competition Law and that it may be undermining “critical public health efforts…
