A group of California citrus growers has sued the U.S. Department of Agriculture seeking to stop implementation of a new rule that would lift the ban on importation of lemons from Argentina, claiming the rule violates both “sound science and good public policy.” U.S. Citrus Sci. Council v. USDA, No. 17-0680 (E.D. Cal., filed May 17, 2017). The plaintiffs assert that the United States has banned Argentine lemon imports since 1947 because “highly destructive plant pests and diseases plague Argentine citrus” and the Argentine government agency charged with plant protection “has a long and problematic history of failing to report pest and disease outbreaks promptly and of failing to ensure compliance” with basic plant protection measures. The plaintiffs argue that the Animal and Plant Health Inspection Service violated both the Plant Protection Act and the Administrative Procedure Act when it promulgated the new rule relying on conclusions reached during a…
Category Archives Legislation, Regulations and Standards
The Canadian House of Commons has voted 216-67 against a proposal to require mandatory labeling of genetically modified organisms (GMOs) in food. The proposed bill would have amended Canada’s Food and Drug Act to state “No person shall sell any food that is genetically modified unless its label contains information . . . to prevent the purchaser or consumer of the food from being deceived or misled in respect of its composition.” Opponents argued that Bill C-291 did not contain a definition of the term “genetically modified” and that the wording was too vague. Issue 635
Even if Kauai Coffee pods are “certified 100% compostable,” as its ads claim, the National Advertising Division (NAD) says the company does not make clear to consumers that the pods can only be composted in industrial facilities rather than backyard compost piles. NAD has recommended that Kauai discontinue existing print and website advertising or modify it to “clearly and conspicuously disclose” that the single-serve pods are only compostable in certain facilities. The ad board confirmed that the pods have been certified by the Biodegradable Products Institute, the official agency for recognition of compostable products, but noted that the lack of disclosure may be a violation of the Federal Trade Commission’s Green Guides. Issue 635
Syfrett Feed Co., a Florida manufacturer of medicated animal feeds, has entered into a consent decree to control its production process and comply with federal laws before resuming medicated feed operations. U.S. v. Syfrett Feed Co., Inc., No. 17-14038 (S.D. Fla., order entered May 4, 2017). The court entered the decree after the U.S. Food and Drug Administration (FDA) filed a complaint alleging the company failed to adequately identify and store the drugs it used or prevent contamination of drugs and feeds as well as mislabeled and misbranded feeds. According to the complaint, 17 horses had to be euthanized after eating the company’s horse-pellet food. Syfrett manufactures feeds for cattle, poultry, pigs, sheep, goats and exotic animals, but has agreed to discontinue production of the horse feed connected to the animal deaths. “Animal feed manufacturers that fail to comply with labeling and good manufacturing requirements for medicated animal feeds jeopardize…
Bumble Bee Foods, LLC has agreed to plead guilty to one felony count for its role in a conspiracy to fix prices of shelf-stable tuna and will pay a minimum $25 million fine. U.S. v. Bumble Bee Foods LLC, No. 17-CR-249 (N.D. Cal. May 8, 2017). According to the U.S. Department of Justice, Bumble Bee conspired with other seafood companies and their executives to inflate prices for canned and pouch tuna. Two Bumble Bee executives have already pleaded guilty to criminal charges; details appear in Issue 625 of this Update. “Today’s charge is the third to be filed—and the first to be filed against a corporate defendant—in the Antitrust Division’s ongoing investigation into price fixing among some of the largest suppliers of packaged seafood,” Acting Assistant Attorney General Andrew Finch said in a May 8, 2017, press release. “The division, along with our law enforcement colleagues, will continue to hold…
New York City is reportedly considering a bill that would require curbside recycling of expanded polystyrene foam (EPS) containers. The city’s Sanitation Department is currently under a court mandate to develop a plan to collect and clean EPS containers. New York City previously attempted to ban EPS containers in 2013, but a court invalidated the prohibition after a challenge by several food companies, supermarkets and foodservice businesses. Additional details on the decision and the city’s appeal appear in Issues 579 and 583 of this Update. See Huffington Post, May 4, 2017; New York Post, May 7, 2017. Issue 634
The U.S. Department of Agriculture (USDA) has delayed the effective date of a final rule amending organic livestock and poultry requirements and requests additional public comment. The effective date of the rule has been postponed from May 19, 2017, to November 14, 2017. Interested parties may submit written comments by June 9, 2017. Issue 634
The European Food Safety Authority (EFSA) has issued a statement rejecting an Italian study claiming a link between the use of the sweetener sucralose and cancer in mice. The EFSA Journal’s review of a 10-year study conducted by the Ramazzini Institute criticized the study’s design and methodology, concluding that available data does not support the institute’s claim that sucralose may cause lymphoma or leukemia in mice. Among other criticisms, the panel said the design introduced too many variable factors that could make the data difficult to interpret, and there was no demonstrated dose-response relationship between exposure to sucralose and incidence of cancer. EFSA also pointed to the study’s failure to establish a cause-effect relationship in epidemiological studies and said there was no reliable evidence of in vivo or in vitro genotoxicity. Issue 634
The U.S. Senate has confirmed Scott Gottlieb to lead the Food and Drug Administration (FDA) in a 57-42 vote. Gottlieb previously served as a deputy FDA commissioner and an official at the Centers for Medicare and Medicaid Services during the George W. Bush administration. Among Gottlieb's critics are senators who expressed concern over his connections with the pharmaceutical and medical device industry, but Gottlieb has promised to divest himself from several companies and recuse himself from decisions involving those companies for one year. See New York Times and Washington Post, May 9, 2017. Issue 634
A budget plan passed to fund the U.S. government until September 2017 reportedly includes $3 million to pay for an information campaign about genetically modified organisms (GMOs) in food. As a partnership between the U.S. Food and Drug Administration (FDA) and the Department of Agriculture, the campaign will apparently seek to counter "misinformation about agricultural biotechnology." “It is not the responsibility of the FDA to mount a government-controlled propaganda campaign to convince the American public that genetically modified foods are safe,” Rep. Nita Lowey (DN.Y.) said. See The Washington Post, May 3, 2017. Issue 633
