A law took effect in France on January 1, 2016, that requires restaurants to provide take-away boxes to diners who request them. The law reportedly targets the country’s rising food waste problem, but may have little impact—one government-commissioned report concluded that “the obstacle is mostly cultural” because “the majority of diners don’t dare to ask for the leftovers of their meal, while the restaurateurs see it as a ‘degradation’ of their dishes.” The French do not have a term for a take-away box; many reportedly call it “le doggy bag,” but a hotel and restaurant industry union is attempting to replace the term with “le gourmet bag.” See France 24, January 4, 2016. Issue 589
Category Archives Legislation, Regulations and Standards
With the launch of its Change4Life campaign, Public Health England (PHE) has issued a free bar code-scanning app that displays the sugar content of foods and beverages. Claiming that children ages 4 to 10 consume 22 kilograms of sugar per year—”the average weight of a 5-year-old”—the campaign also features TV, digital and outdoor advertising as well as educational packs to be distributed by schools. Among other things, PHE highlights tooth decay as “the most common reason” for hospital admissions among children ages 5 to 9. To this end, the “Smart Sugar” app allows users to scan product bar codes at supermarkets to display the sugar content in grams or cubes. According to PHE, which notes that a single serving of soda contains 9 cubes of sugar, the recommended daily maximum sugar intake is (i) “5 sugar cubes for children aged 4 to 6,” (ii) “6 sugar cubes for children aged…
The U.K. Advertising Standards Authority (ASA) has dismissed a complaint alleging that Diageo Great Britain Ltd.’s holiday commercials for Baileys™ liqueur “implied that the success of a social occasion depended on the presence or consumption of alcohol.” Despite Alcohol Concern’s claim that the tagline “IT’S NOT CHRISTMAS WITHOUT YOU… BAILEYS” was “irresponsible,” the agency agreed with Diageo Great Britain and Clearcast that consumers were likely to understand “Christmas” as a reference to the entire holiday season as opposed to a specific social occasion. “We considered that consumers would interpret the claim “IT’S NOT CHRISTMAS WITHOUT YOU” as a play on words referring to getting together with friends over the festive period, as well as referring to the fact that the drink had been traditionally associated with the Christmas period,” ASA said. “We noted that the ad showed the women enjoying one drink together, and there was no suggestion that the…
The U.S. Departments of Agriculture (USDA) and Health and Human Services (HHS) have published the 2015-2010 Dietary Guidelines for Americans, which now emphasize overall dietary patterns as opposed to nutrient quotas. Explaining that “people do not eat food groups and nutrients in isolation but rather in combination,” the guidelines offer the following “overarching” recommendations: (i) “follow a healthy eating pattern across the lifespan”; (ii) “focus on variety, nutrient density, and amount”; (iii) “limit calories from added sugars and saturated fats and reduce sodium intake”; (iv) “shift to healthier foods and beverage choices”; and (v) “support healthy eating patterns for all.” Among other things, the Dietary Guidelines specify that a healthy diet includes a variety of dark green, red, orange, and starchy vegetables as well as legumes; whole fruits; grains and whole grains; fat-free or low-fat dairy products and/or fortified soy beverages; a variety of proteins, such as seafood, lean meats,…
A South Carolina federal court has ruled that the U.S. Food and Drug Administration (FDA) was not negligent in issuing a tomato recall during a 2008 outbreak of Salmonella, dismissing a tomato farm's claim of $15 million in damages. Seaside Farm Inc. v. U.S., No. 11-1199 (D.S.C., order entered December 16, 2015). The farm had argued that FDA should have been more specific in its recall, while FDA argued it never issued an official recall, only warnings about tomatoes. The court had previously dismissed allegations of defamation and takings against the government. Issue 588
The Food Standards Agency’s independent Advisory Committee on Novel Foods and Processes (ACNFP) will host a February 4, 2016, workshop in London. Breakout sessions will target (i) the food-medicine continuum; (ii) alternative proteins, e.g., insects and in vitro meat production; and (iii) engineered nanomaterials. Registrations are requested by January 14, 2016. See ACNFP News Release, December 14, 2015. Issue 588
The National Advertising Division (NAD), an arm of the advertising industry's self-regulation system, has concluded Saputo Cheese, USA, Inc. can support its claims that its string cheese is "natural" and "low-moisture part-skim mozzarella cheese" despite challenger Lactalis American Group’s argument that Saputo’s products contain artificial phosphate and fillers. Lactalis argued Saputo's products do not comply with the U.S. Food and Drug Administration's (FDA's) standard of identity for "low-moisture part-skim mozzarella cheese" and the products could not be "natural" as their packaging asserts because of the addition of phosphate. Saputo argued phosphate occurs naturally in cheese and the existence of phosphate did not necessarily prove the company added synthetic phosphate. In its determination, NAD acknowledged that it did not have the authority to deem something "misbranded" under FDA's regulations but noted that the products seemed to fit the standard of "low-moisture part-skim mozzarella cheese" because they contain 30 to 45 percent…
Two app developers have agreed to pay a combined $360,000 to settle Federal Trade Commission (FTC) charges that they allegedly violated the Children's Online Privacy Protection Act (COPPA) by producing and selling games allowing third-party advertisers to collect personal information from children. The games, which include My Cake Shop, My Pizza Shop, Ice Cream Jump and Happy Pudding Jump, appeared to target children younger than age 14, but the app developers apparently failed to inform advertisers of that fact, which would have required them to comply with FTC and COPPA regulations. "It's vital that companies understand the rules of the road when it comes to handling children's personal information online," FTC Bureau of Consumer Protection Director Jessica Rich said in a December 17, 2015, press release. "These cases make it clear that we're closely watching this space to ensure children's privacy online is being protected." Issue 588
The U.S. Food and Drug Administration (FDA) has published its annual report of sales and distribution data for antimicrobial drugs used in food-producing animals. The report’s analysis of 2014 statistics and observed trends of rising antibiotic use immediately drew the ire of consumer advocacy coalition Keep Antibiotics Working (KAW). “The data released today shows us that, despite industry assurances to the contrary, the use of human antibiotics on the farm have continued to rise, and specifically the use of the critically important antibiotic class cephalosporins (12% increase from 2013 through 2014), which the FDA placed restrictions on in 2012,” a KAW policy analyst said. KAW condemns industry’s voluntary cutbacks and calls for FDA to establish mandatory reduction goals. “FDA must set clear targets for the reduction in antibiotic use,” according to KAW. “Otherwise, industry will continue to conduct business as usual, while the crisis of resistance continues to loom large…
The U.S. Food and Drug Administration (FDA) has reportedly reached a deal with Hampton Creek, maker of eggless spread Just Mayo®, allowing the company to keep the name of its product but requiring changes to its packaging. Just Mayo® labels will now feature larger words touting its features, including "egg-free" and "spread and dressing," and a definition of "just" as "guided by reason, justice, and fairness." The product has been the target of litigation in recent years, including a lawsuit by competitor Unilever and a putative class action, because of the alleged misrepresentation of the product as mayonnaise despite its noncompliance with FDA’s standard of identity for mayo, which requires the inclusion of eggs. Hampton Creek was also allegedly the target of a smear campaign by the American Egg Board. Additional details appear in Issue 578 of this Update. Issue 588
