Category Archives Legislation, Regulations and Standards

Sens. Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.) have sent a letter to the U.S. Food and Drug Administration (FDA) requesting an update to federal regulations on cannabidiol (CBD) to "give U.S. producers more flexibility in the production, consumption, and sale of hemp products." Wyden and Merkley urge FDA to answer a series of clarifying questions, including "What lawful pathways are currently available for those who seek approval to introduce Cannabis sativa L. and its derivatives as a food, beverages or dietary supplement, including into interstate commerce?" and "Are there circumstances in which Cannabis sativa L. and its derivatives may be permitted as a food, beverages or dietary supplement by the agency?" “Farmers in Oregon and nationwide are poised to make real economic gains for their communities once these regulations are updated,” a press release quotes Wyden and Merkley as saying. “We will be closely engaged in the ongoing implementation…

Public Interest Research Group (PIRG) has published a report on food safety in the United States. The report finds an increase in food recalls since 2013 but acknowledges that systemic advances in food-safety issue detection may partly account for that increase. The authors make a number of policy recommendations, including (i) requiring food-production plants to address the most common pathogens in their safety plans; (ii) establishing "clear enforcement consequences for recurring violations of food safety protections or plans"; (iii) declaring antibiotic-resistant strains of Salmonella as "an adulterant in meat and poultry"; (iv) improving food traceability; (v) granting the U.S. Department of Agriculture "mandatory recall authority for contaminated food"; and (vi) penalizing companies that "continue to sell products after a recall."

The U.K. Advertising Standards Authority (ASA) has ruled that Red Bull Co. made unauthorized health claims about purported benefits of its energy drink on mental focus and concentration. The company's subway advertisement featured cartoon women in an office setting with the text "The Secret to Finishing Early." The ad referenced a consumer initiative encouraging workers to leave the office early one September 2018 day. "The ASA considered that while the ad’s tone was light-hearted, the scenario it presented of being overwhelmed or busy at work was one that would be familiar and relatable to consumers," the agency's assessment summary states. "While we understood that the ad was intended to be part of a marketing initiative aimed at encouraging consumers to improve their productivity and leave at 4 pm on a specific day, we considered that the penultimate line of the poem, '… to leap every hurdle a hectic day brings'…

The U.S. Department of Agriculture's (USDA's) Agricultural Marketing Service has released the final National Bioengineered Food Disclosure Standard (NBFDS), which will require food manufacturers, importers and other entities to indicate on a product's label whether it was made with genetically modified organisms (GMOs). The rule applies to food products in which the predominant ingredient is subject to the federal Food, Drug, and Cosmetic Act; "[a] multi-ingredient food product that contains broth, stock, water, or similar solution as the first ingredient, and a meat, poultry, or egg product as the second ingredient on the food label would also not be subject to the NBFDS," according to the announcement. The rule takes effect February 19, 2019, and mandatory compliance with the rule begins on January 1, 2022.

The Safe Food for Canadians Regulations (SFCR), which consolidates 14 Canadian food safety laws into one set of rules, went into effect January 15, 2019. The final rules were published in June 2018 and aim to "provide clear and consistent rules for food commodities so consumers can be confident that food on grocery shelves is safer to eat, whether it is produced in Canada or abroad." The rules align with many U.S. rules to streamline importing and exporting of food products between the countries. In addition, Health Canada has proposed rules for the sale of cannabis, including the proposed creation of "edible cannabis," "cannabis extracts" and "cannabis topicals" classes of products. The agency also proposed "new regulatory controls to address the public health and public safety risks associated with these new classes of cannabis, including their appeal to youth and the risks of accidental consumption, overconsumption, and foodborne illness, among other…

The United Kingdom has launched a public consultation on a proposal to restrict some types of advertising for foods high in fat, sugar and salt (HFSS). The consultation targets "volume-based price promotions of HFSS food and drink that encourage people to buy more than they need, for example, ‘buy one, get one free’ and free refills of sugary soft drinks" as well as ads placed at "main selling locations in stores, such as checkouts, aisle ends and store entrances." The government further seeks input on "which businesses, products and types of promotions should be included in the restrictions," "definitions for HFSS products, price promotions and locations in stores" and "how businesses can put this into practice and whether they will face any difficulties."

The U.S. Food and Drug Administration (FDA) has established January 1, 2022, as "the uniform compliance date for food labeling regulations that are published on or after January 1, 2019, and on or before December 31, 2020" to help "minimize the economic impact of label changes." The agency also issued technical amendments to the Nutrition Facts Label Final Rule that correct errors in sample labels and inadvertent omissions of preexisting provisions.

A Los Angeles councilperson has reportedly introduced a motion that would require entertainment venues and other establishments to offer at least one “vegan protein option” in an effort to combat climate change. The motion cites “several studies which suggest a link between the meat and dairy industry and the environment, including a University of Oxford study that found if more people in the United States adopted plant-based eating it could cut greenhouse-gas emissions from food sources by 70 percent,” according to CBS Los Angeles. The proposal would hold city departments accountable for offering vegan options at city-operated venues such as zoos and parks.

Oklahoma’s Board of Health has unanimously approved recommendations from the state’s Medical Marijuana Food Safety Standards Board on health and safety requirements for producing cannabis-infused foods, according to Tulsa World. The standards incorporate existing state food regulations but will add stricter criteria and tests, including testing for cannabinoid potency, heavy-metals levels and chemical residues.

The U.K. Advertising Standards Authority (ASA) has declined to take action against Bacardi-Martini Ltd. following a complaint that its television ad “was irresponsible because it encouraged immoderate drinking by implying that drinking should take place before and throughout a night out.” In its determination, ASA found that “a sealed bottle of Bacardi rum was shown on several occasions but none of the characters in the ad were shown actually serving or drinking the rum” until the group of characters reaches a bar. “The implication was that the group would drink some of the alcohol during their night out, but we noted that none of the characters shown in the ad seemed to be dancing, moving, or otherwise interacting with each other in a way suggestive of intoxication or excessive alcohol consumption at any point, including in the final scenes,” ASA ruled. “For those reasons we concluded that the ad did…

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