Category Archives Legislation, Regulations and Standards

The Food and Drug Administration (FDA) has prepared a summary of the comments and information provided during a 2007 hearing on the use of symbols to communicate nutrition information. Posted to the hearing docket on April 28, 2009, the document notes that significant gaps remain in research about consumer perception, understanding and use of symbols that convey information about nutrition claims on food products. According to the FDA, numerous nutrition symbol systems already exist, but because they “differ greatly,” “the ability of consumers to use these symbols to make nutritional comparisons between products or to determine how a food fits into a diet is uncertain.” FDA commissioned a focus group study and “is currently analyzing qualitative information collected from the study to explore varieties and ranges of consumers’ understanding of and reactions to a selected sample of existing and alternative nutrition symbols.” The agency also apparently needs more information about…

According to the Environment Group of the Pew Charitable Trusts, salmon farming companies producing fish for export to the United States from Canada, Norway and Scotland are using pesticides and antibiotics that do not appear on the FDA/CVM Approved Drugs in Aquaculture list. In an April 23, 2009, letter to the acting Food and Drug Administration (FDA) commissioner, the Pew Environment Group notes how FDA inspections have successfully addressed the use of banned drugs in Chile’s salmon farming facilities and calls for the agency to expand its focus to imports from other countries. Contending that these drugs pose threats to human health and the environment, the group cites detailed evidence suggesting that other countries are using unapproved drugs in salmon aquaculture and asks the FDA (i) whether it intends to require all companies exporting salmon to the United States to adhere to U.S. regulations; (ii) how it reconciles its requirement…

The World Health Organization (WHO) this week raised its influenza alert to the second-highest level as an outbreak of H1N1 virus–also known as swine flu–continues to surface across the globe. First identified in Mexico, H1N1 has spread to the United States and several other countries, including Canada, Germany, Israel, New Zealand, Spain, and the United Kingdom. The U.S. Centers for Disease Control and Prevention (CDC) have thus far confirmed 109 cases in 11 states, while Mexican officials have reported at least 2,500 suspected illnesses and 170 deaths. “All countries should immediately activate their pandemic preparedness plans,” stated WHO Director-General Margaret Chan. “At this stage, effective and essential measures include heightened surveillance, early detection and treatment of cases, and infection control in all health facilities.” See GMA Press Release and FoodNavigator-USA. com, April 27, 2009; WHO Press Release, MSNBC.com and The London Times, April 29, 2009; The New York Times, May 1,…

A working group of California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) met on April 23, 2009, to consider how warnings under Proposition 65 could be provided to consumers of food products containing chemicals known to the state to cause cancer or reproductive harm. Participants discussed a draft proposal submitted by the California Grocers Association, California Retailers Association, California League of Food Processors, GMA, and American Beverage Association. It was the only proposed regulation to be submitted. Generally speaking, the proposal offers food manufacturers the option of uploading product-related information to an OEHHA Web site, which could be used, in turn, by retailers to download information that could be made available to consumers via computer, notebook, kiosk, or other similar means. Stakeholders representing consumer interests would prefer that warning information be placed on each product or in close proximity to them. While no final decisions were made during this…

The Food and Drug Administration (FDA) has confirmed April 27, 2009, as the effective date for the final rule titled “Substances Prohibited From Use in Animal Food or Feed,” which establishes “measures to further strengthen existing safeguards against bovine spongiform encephalopathy (BSE).” The agency earlier this month considered delaying the rule for 60 days after industry stakeholders requested additional time to arrange alternative disposal methods for high-risk materials. In light of these requests, FDA has set an October 26, 2009, compliance date for renderers and other affected persons, but believes that “the rendering, livestock, meat and animal feed industries have addressed many of the compliance and carcass disposal challenges and are prepared to meet the April 27, 2009, effective date of the final rule.” See Meatingplace.com, April 23, 2009; Federal Register, April 24, 2009.

The U.S. Centers for Disease Control and Prevention (CDC) have reportedly noted an increase in rare human swine influenza infections, documenting two similar cases in California children not directly exposed to livestock. The agency stated that it typically registers one human swine influenza case every year or two in the United States, but has verified 12 infections between December 2005 and February 2009. CDC also confirmed seven additional cases in Texas and California during March 2009, describing a unique influenza strain that combines segments of a human virus, an avian virus from North America, and pig viruses from North America, Europe and Asia. In addition, Mexican health officials have reported that a swine influenza outbreak recently killed 16 people, including children and young adults, and sickened as many as 943 in the Mexico City area. Meanwhile, the World Health Organization and other experts have expressed concern that the cases, if…

The Federal Trade Commission (FTC) has announced that Kellogg Co. agreed to settle false-advertising charges involving Frosted Mini-Wheats® advertisements that claimed the product was “clinically shown to improve kids’ attentiveness by nearly 20 percent.” According to FTC, the clinical study on which the ads were based showed that “only about half the children who ate Frosted Mini-Wheats for breakfast showed any improvement in attentiveness, and only about one in nine improved by 20 percent or more.” Under the consent order, Kellogg agrees to pull its offending ads and not to express or imply that its cereal improves attentiveness “unless, at the time [the claim] is made, the representation is true and non-misleading.” The company also agreed not to make any representation “about the benefits, performance, or efficacy of such product for cognitive function, cognitive processes, or cognitive health, unless the representation . . . relies upon competent and reliable scientific…

According to a news source, Health Canada is about to become the first country to formally place bisphenol A (BPA) on its toxic substances list and prohibit its use in baby bottles. An official announcement in the Canada Gazette is reportedly imminent, although nothing on the government agency’s website confirms this report. Health Minister Tony Clement said in 2008 that the government planned to take such action, calling the move “precautionary and prudent.” See Canada.com, April 14, 2009. Meanwhile, a legislative committee in Connecticut has apparently approved a bill (Raised Bill No. 6572) that would prohibit BPA’s use in products for children younger than age 3, such as baby bottles, infant formula cans and spill-proof cups, as well as in reusable food or beverage containers, beginning in October 2009. Jars, cans, bottles, or other food product containers could not contain BPA after October 2012. While the proposal still faces approval…

The United Nations’ Food and Agriculture Organization (FAO) and World Health Organization (WHO) has announced a joint expert meeting titled Application of Nanotechnologies in the Food and Agriculture Sectors: Potential Food Safety Implications, to be held June 1-5, 2009, in Rome, Italy. The gathering will reportedly address the potential food safety risks that may arise from nanoparticles, particularly in the areas of (i) nanotechnology applications in plant and animal food production; and (ii) nanotechnology applications in food processing, packaging and distribution.

The Federal Trade Commission (FTC) has apparently proposed amending its advertising guidelines to hold companies and paid word-of-mouth marketers, including bloggers and those on social networking sites, liable for making false statements to promote products. According to an FTC spokesperson, the proposal would bring the commission up to speed with evolving marketing practices. “The commission is attempting to update guidelines that are 30 years old so that they address current marketing techniques and in particular to address the issue of whether or not the safe harbor that’s currently allowed for ‘result not typical’-type disclaimers is still warranted,” he was quoted as saying. Meanwhile, a public comment submitted by the American Association of Advertising Agencies has reportedly urged FTC to reconsider “overly stringent amendments that will likely result in advertisers abandoning longstanding legitimate advertising techniques, such as consumer testimonials, and rejecting new media forms, such as blogs and viral marketing.” The…

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