The Federal Trade Commission (FTC) and U.S. Department of Agriculture (USDA) have released an August 10, 2016, joint report examining consumers’ perceptions of “recycled content” and “organic” claims, especially for non-agricultural products and services. Using data from Internet-based questionnaires completed by 8,016 respondents, the study sought to determine whether consumers view products marketed with such claims as having “particular environmental benefits or attributes.” Among other things, FTC and USDA asked consumers to assess the accuracy of recycled content and organic claims when applied to products made with varying types of recycled materials and varying proportions of “man-made” substances. While the agencies reported no significant difference among consumer perceptions of products that used either pre- or post-consumer recycled materials, “a significant minority of respondents disagreed that the organic claims accurately describe the product” when a small percentage of materials (i.e., “less than 1%; 1% to 5%; and 5% to 10%”) was…
Category Archives Legislation, Regulations and Standards
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed initiating a regular rulemaking process to extend until December 30, 2017, an emergency measure that allows retailers to use standard point-of-sale warning messages for bisphenol A (BPA) exposures from canned and bottled foods and beverages. Under Proposition 65 (Prop. 65) regulations, consumer products that contain any chemical known to the state to cause reproductive toxicity or cancer must display a “clear and reasonable” warning on “labeling, shelf tags, shelf signs, menus or any combination thereof as long as the warning is prominent and conspicuous.” Taking into account comments received on the emergency measure, OEHHA believes that the proposed regulation “will provide consistent, informative, and meaningful warnings to consumers about significant exposures to BPA.” These warnings will included a link to OEHHA’s website, “which will contain fact sheets, links to informational materials on BPA from other authoritative…
The U.K. Advertising Standards Authority (ASA) has upheld two complaints alleging that advertisements touting Kellogg Co.’s Special K® products as “full of goodness” and “nutritious” violated broadcast (BCAP) and non-broadcast (CAP) advertising codes for food, food supplements and associated health claims. The complaints targeted a TV ad for Special K® porridge that included supported health claim related to vitamin B2, as well as website claims regarding the product’s “unique Nutri K™ recipe.” According to ASA, the agency “shared Kellogg’s view that the claim ‘full of goodness’ was a reference to a general, non-specific health benefit of the product and as such, we agreed that Kellogg was required to accompany it with a specific authorized health claim.” But because the authorized vitamin B2 claim did not immediately follow the general health claim, ASA found the ad in breach of BCAP Code Rule 13.4.3. The watchdog also felt that the website advertisement…
The U.S. Federal Trade Commission (FTC) has issued warning letters to 28 unnamed companies that allegedly represent themselves as participants in the Asia-Pacific Economic Cooperative (APEC) Cross Border Privacy Rules system despite failing to meet the requirements underlying that claim. According to FTC, certification is granted based on the following data privacy principles: (i) preventing harm, (ii) notice, (iii) collection limitation, (iv) use choice, (v) integrity, (vi) security safeguards, (vii) access and correction, and (viii) accountability. The FTC warning letters instructed the companies to remove the APEC certification claims from their websites and notify the agency of completion or provide documentation supporting the claims. See FTC Press Release, July 14, 2016. Issue 611
The U.S. Food and Drug Administration (FDA) has filed an opposition to a petition for a writ of mandamus seeking a response to several consumer groups’ petition to prohibit perchlorate, an additive currently approved for limited use in food packaging. Breast Cancer Fund v. FDA, No. 16-70878 (9th Cir., petition filed July 8, 2016). The groups’ petition urged the Ninth Circuit Court of Appeals to compel FDA to respond to their December 2014 food additive petition, arguing the agency was required to respond by June 2015. Details about the petition for a writ of mandamus filed by the groups—which include the Center for Environmental Health, Center for Food Safety, Center for Science in the Public Interest, Environmental Working Group and the Natural Resources Defense Council—appear in Issue 599 of this Update. FDA’s response first challenges the group’s standing to sue. “Even if petitioners could demonstrate that perchlorate poses some risk…
The U.S Congress has passed legislation (S.764) requiring food and beverage manufacturers to disclose the use of ingredients made with genetically modified organisms (GMOs). Crafted by U.S. Sens. Pat Roberts (R-Kan.) and Debbie Stabenow (D-Mich.) and backed by the Organic Trade Association (OTA), the bill defines bioengineered foods as those intended for human consumption that contain genetic material “modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques” and “for which the modification could not otherwise be obtained through conventional breeding or found in nature.” If signed by President Barack Obama (D) as expected, the legislation would direct the Secretary of Agriculture to establish within two years a mandatory standard for the disclosure of GMO ingredients in applicable products by “text, symbol, or electronic or digital link” such as a QR code, excluding URLs not embedded in the link. The new rules would also allow certified organic products bear “non-GMO” labels…
The European Food Safety Authority (EFSA) has released a searchable database of botanicals that contain naturally occurring substances of potential concern to human health. The compendium is intended for use as a safety assessment tool for food and dietary supplement manufacturers. The compendium will reportedly be expanded to include non-European botanical species and is expected to be finalized in early 2017. See EFSA News Release, July 5, 2016. Issue 610
The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety and Agricultural Marketing Service are convening an August 1, 2016, public meeting in Washington, D.C., to evaluate draft positions and receive public comments in advance of the 28th Session of the Codex Committee on Processed Fruits and Vegetables (CCPFV) slated for September 12-16 in Washington, D.C. The CCPFV sets global standards for canned, dried and frozen products as well as fruit and vegetable juices and nectars. Agenda items for the August 1 meeting include (i) food additive provisions in Codex standards for processed fruits and vegetables, (ii) a discussion paper about the standardization of dry and dried produce, and (iii) proposed draft annexes on quick frozen vegetables. See Federal Register, June 30, 2016. Issue 610
A new report from the public policy research arm of the U.S. Congress provides an overview of federal research and development (R & D) in nanotechnology; environmental, health and safety concerns; and U.S. competitiveness in the field. According to the Congressional Research Service, Congress has appropriated nearly $21.8 billion for nanotechnology R & D since the inception of the National Nanotechnology Initiative (NNI) in 2000, and President Barack Obama (D) has requested $1.4 billion in NNI funding for FY2017. “Proponents assert that nanotechnology has the potential to bring revolutionary products to market, reshaping existing industries and creating new ones,” concludes the report. “These products may bring significant economic and social benefits to the United States and to the world; however, substantial research, development, and innovation. Issue 610
Former U.S. Food and Drug Administration (FDA) Commissioner for Foods David Acheson has authored an article warning food company officials to prioritize food safety in light of the U.S. Department of Justice’s (DOJ’s) increasing prosecutions against executives of food companies responsible for pathogen outbreaks. Acheson describes the Park Doctrine, which allows the government to seek misdemeanor convictions against company officials without requiring proof that the officials knew of or participated in the federal Food, Drug and Cosmetic Act violations. Further, after a misdemeanor conviction, subsequent violations are automatic felonies. “It is for all these reasons that it is critical that everyone in a food facility understand and follow all food safety practices, and that executives stay tuned in to everything going on in their operations—as they are ultimately responsible for every act that takes place,” Acheson writes. “Additionally, while I caution against simply writing up a food safety plan in order…
