Category Archives Legislation, Regulations and Standards

The U.K. Advertising Standards Authority (ASA) has upheld two complaints against Costa Coffee for a radio ad comparing the difficulty associated with the length of time for which an avocado is ripe—"sure, they'll be hard as rock for the first 18 days, three hours and 20 minutes, then they'll be ready to eat, for about 10 minutes, then they’ll go off"—to the ease of buying a breakfast sandwich at the coffee company's store locations. Two complainants argued to ASA that the ad "discouraged the selection of fresh fruit," and ASA agreed, finding that "comparisons between foods must not discourage the selection of options such as fresh fruit and fresh vegetables, which generally accepted dietary opinions recommended should form a greater part of the average diet." Upholding the complaints, ASA noted that, "although the ad was light-hearted, it nevertheless suggested avocados were a poor breakfast choice, and that a bacon roll…

U.S. Health and Human Services' National Toxicity Program has issued a research report on the toxicity of bisphenol A (BPA) in rats. The study "was designed to characterize and evaluate the toxicological potential of BPA following perinatal only or chronic exposure in rats under the conditions of a chronic, extended-dose response design." The report is one component of Consortium Linking Academic and Regulatory Insights on BPA Toxicity (CLARITY-BPA), which will issue a final report in the autumn of 2019 compiling the National Toxicity Program's results with reports from university researchers.

The U.S. Food and Drug Administration (FDA) has announced the results of its annual Pesticide Residue Monitoring Program. From samples collected between October 1, 2015, and September 30, 2016, the agency analyzed 7,413 samples and reportedly found that more than 99 percent of domestic and 90 percent of imported foods complied with federal standards. FDA also examined samples of corn, soybeans, milk and eggs and found zero samples that violated federal limits. FDA Commissioner Scott Gottlieb said in a statement, "Like other recent reports, the results show that overall levels of pesticide chemical residues are below the Environmental Protection Agency’s tolerances, and therefore don’t pose a risk to consumers.”

The 2014 Farm Bill has expired without an updated bill or stopgap measure in place. The U.S. House of Representatives rejected the proposed Agriculture and Nutrition Act of 2018, with detractors focused on changes to the Supplemental Nutrition Assistance Program. Funding for some programs will reportedly continue beyond the expiration date of September 30, 2018.

The U.S. Food and Drug Administration (FDA) has issued draft guidance on the release of retailer information during the food-recall process. The guidance indicates when the agency may find that identifying retailers is necessary during Class I recalls—"recalls where there is a reasonable probability that the use of, or exposure to, the food will cause serious adverse health consequences or death to humans or animals"—as well as a limited number of Class II recalls associated with foodborne illness outbreaks. "Assisting food producers in having effective recall practices in place, as well as taking immediate action to address unsafe products, are high priorities of mine," FDA Commissioner Scott Gottlieb said in a statement. "Our recall authorities – and how we deploy them – are a cornerstone of our vital consumer protection mission."

The Information Technology & Innovation Foundation (ITIF) has submitted a citizen petition to the U.S. Food and Drug Administration (FDA) challenging the use of labeling that asserts that products are free of genetically modified organisms (GMOs). "[T]he 'Non-GMO' Project's butterfly logo and language on consumer foods and goods misleads and deceives consumers through false and misleading claims about foods, food ingredients and their characteristics related to health and safety," the petition argues. ITIF urges FDA "to prohibit the use of the term 'Non-GMO' on consumer foods and goods" because it allegedly constitutes "misbranding under the law." ITIF objects to the Non-GMO Project's distinction between "natural" foods and those made with GMOs. "The techniques used to bioengineer crops and livestock to produce foods were discovered as natural phenomena, and the enzymes and reagents involved are all extracted or derived from sources in nature. While in vitro bioengineering methods may produce 'combinations…

Cornell University has announced that the university's investigation into Brian Wansink's research methods has concluded. "Professor Wansink committed academic misconduct in his research and scholarship, including misreporting of research data, problematic statistical techniques, failure to properly document and preserve research results, and inappropriate authorship," the university's provost stated. "Professor Wansink has tendered his resignation and will be retiring from Cornell at the end of this academic year. He has been removed from all teaching and research. Instead, he will be obligated to spend his time cooperating with the university in its ongoing review of his prior research."

U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has issued a statement on testing for Cyclospora as a foodborne pathogen. The statement noted that the testing methods allowed the agency to identify Cyclospora in cilantro, marking the first time it found the parasite in domestically grown produce. "We must continue to put in place science-based measures to prevent microbial contamination from occurring, and work with our state and foreign partners to implement the Produce Safety Rule," Gottlieb stated. "We’ve been working closely with the National Association of State Departments of Agriculture and our state partners to, among other things, train federal and state regulators who will conduct inspections slated to begin next spring, develop inventories of farms that are covered by the rule, put in place the Produce Safety Network to support the states and their farming communities regionally, conduct On Farm Readiness Reviews to help farmers assess their…

The Electronic Retailing Self-Regulation Program (ERSP) has determined that Green Chef Inc. cannot support some of its claims about organic food in its meal-kit deliveries, which it marketed as containing 90 percent or more organic ingredients. ERSP found that the use of the U.S. Department of Agriculture's organic seal "inaccurately communicated that Green Chef meal kits were entirely organic, or contained almost all organic ingredients." The board also found that Green Chef could not corroborate its claim that it delivered the most organic ingredients when compared to other meal-kit companies. Green Chef indicated that it would change its marketing and work with its certified-organic supplier to establish appropriate language.

California Governor Jerry Brown has signed a law that will prohibit restaurants from giving patrons straws unless the patrons request them. Brown issued a signing statement indicating that the bill's purpose is to reduce plastic waste. "Ocean plastic is estimated to kill millions of marine animals each year," Brown states. "Nor are humans immune as microplastics were recently found in tap water around the world. Plastics, in all forms—straws, bottles, packaging, bags, etc.—are choking our planet. It is a very small step to make a customer who wants a plastic straw ask for it. And it might make them pause and think again about an alternative. But one thing is clear, we must find ways to reduce and eventually eliminate single-use plastic products."

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