The Center for Food Safety (CFS) has filed a lawsuit against the U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) alleging that the agency has routinely failed to respond to Freedom of Information Act (FOIA) requests for records related to genetically engineered (GE) crops. Ctr. for Food Safety v. Animal & Plant Health Inspection Serv., No. 15-1377 (D.D.C., filed August 25, 2015). CFS asserts that APHIS has unlawfully delayed its responses to at least 29 FOIA requests or appeals related to its decision to withdraw proposed regulations that would update existing management of GE crops. “APHIS has a track record of irresponsible and inadequate regulation of GE crops,” CFS Staff Attorney Cristina Stella said in an August 25, 2015, press release. “In the absence of thorough government oversight, public access to information about these crops becomes all the more critical. This lawsuit is necessary to stop…
Category Archives Legislation, Regulations and Standards
Israel’s Ministry of Health has reportedly ruled that Heinz ketchup can no longer be called “ketchup” because of its low tomato content. Israeli food company Osem first targeted the product in January 2015 by sending a letter to supermarkets blasting the product and filing an $18 million class action on behalf of consumers. Osem argued that lab tests showed small bottles of Heinz ketchup contained 20 percent tomato concentrate and large bottles just 17 percent—compared to the 39 percent advertised on the bottle—despite Israeli regulations dictating that ketchup must contain at least 35 percent tomato concentrate. The health ministry agreed with Osem, finding that Heinz can no longer call its product “ketchup” and must be labeled “tomato seasoning” instead. The ruling does not affect Heinz’s English-language labels. Heinz’s local importer, Diplomat, has filed a petition to lower the minimum requirements from 10 percent tomato solids (the equivalent of 35 percent tomato…
The Food Safety Authority of Ireland (FSAI) has reportedly objected to McDonald’s Corp.’s use of “artisan” in describing its new product, the McMór hamburger. The Ireland-exclusive burger is marketed as an “artisan” product that incorporates several ingredients from Irish cuisine, including bacon, cabbage, baby kale, Ballymaloe relish, Charleville cheese and a “potato-flaked” bun. FSAI established guidelines in May 2015 about the use of “artisan” that stipulate the word should describe products made only (i)“in limited quantities by skilled craftspeople,” (ii) without a “fully mechanized” process that “follows a traditional method,” (iii) “in a micro-enterprise at a single location,” and (iv) with “characteristic ingredients” that are “grown or produced locally, where seasonally available and practical.” McDonald’s issued a statement indicating that it would remove “artisan” from its marketing. Additional details about FSAI’s food marketing guidance appear in Issue 566 of this Update. See The Irish Times, September 1, 2015. Issue…
Weeks after the U.S. Food and Drug Administration (FDA) sent Hampton Creek Foods a letter warning that its Just Mayo is misbranded because it does not contain eggs, emails obtained through the Freedom of Information Act reportedly indicate that the American Egg Board (AEB) and a public relations firm made a concerted effort to remove Just Mayo from the market. The emails reportedly detail the actions the group undertook, including a complaint to FDA, an attempt to convince Whole Foods to stop selling Just Mayo, aid to Unilever in its litigation against Hampton Creek, and payments to food bloggers who post about how “real and sustainable foods, like eggs,” fit into their lifestyles. Details about Unilever’s lawsuit against Hampton Creek appear in Issue 549 of this Update. Public health attorney Michele Simon posted the emails on her blog, alleging that AEB likely broke laws during its attempt to quash Hampton…
The U.K. Advertising Standards Authority (ASA) has upheld a complaint alleging that an online “instant-win” promotion organized by Kettle Foods Ltd. was misleading because it required participants to register before finding out if they had won a prize. According to ASA, the U.K. Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) states that “participants in instant-win promotions must get their winnings at once or must know immediately what they have won and how to claim without delay, cost or administrative barriers.” Kettle Foods reportedly advertised “instant win prizes” on its potato chip packages, which featured a unique code with instructions directing entrants to a website. Before viewing their potential winnings, consumers were asked to provide identifying information, including full name, postal code, telephone number, email address, date of birth, and a chosen password for subsequent visits. As required by law, the company also offered a “no purchase…
The New York City (NYC) Board of Health has reportedly amended Article 81 of the NYC Health Code to require food items containing more than 2,300 milligrams of sodium to be singled out on menus and menu boards with a salt-shaker icon and an accompanying warning statement. The initiative affects restaurant chains with more than 15 locations nationwide, and the mandated warning must state that the “sodium content of this item is higher than the total daily recommended limit (2,300 mg). “Many others recognize the important public health impact of excess sodium intake, and I am hopeful that others will follow suit,” Health Commissioner Mary Bassett, was quoted as saying. The warnings will take effect on December 1, 2015, and reportedly apply to about 10 percent of menu selections offered by chain restaurants covered under the amendment. Violators of the regulation will face $200 fines. See The New York Times…
The U.S. Food and Drug Administration has issued draft guidance for industry titled “A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods—Part II (Menu Labeling Requirements in Accordance with 21 CFR 101.11.” When finalized, the guidance is intended to assist chain establishments with 20 or more locations (e.g., grocery stores, quick service restaurants, pizza delivery outlets, convenience stores, movie theaters, fast food restaurants) comply with menu-labeling requirements for standard menu items, including self-service offerings. See Federal Register, September 16, 2015. Issue 578
Citing a “plethora of new data” published since issuing its toxicological profile for perfluoroalkyls in 2009, the Agency for Toxic Substances and Disease Registry (ATSDR) has reissued the profile seeking additional information about the alleged health effects of exposure to the synthetic chemicals. PFOA and PFOS are the two perfluoroalkyls produced in the largest amounts in the United States and are used in coatings for paper and cardboard packaging to repel oil, grease and water. Comments are due by December 1, 2015. See Federal Register, September 2, 2015. Issue 577
The U.S. Food and Drug Administration (FDA) has issued five warning letters to the distributors of pure powdered caffeine, citing two fatalities linked to caffeine toxicity as evidence that the products “are dangerous and present a significant or unreasonable risk of illness or injury to consumers.” Equating 1 teaspoon of pure caffeine to 25 cups of coffee, FDA also warns consumers not to purchase or use powdered caffeine as “it is nearly impossible to accurately measure pure powdered caffeine with common kitchen measuring tools and you can easily consume a lethal amount.” In particular, the agency plans to “aggressively monitor the marketplace” for pure powered caffeine being sold as a dietary supplement. The warning letters not only find the products adulterated under the Federal Food, Drug, and Cosmetic Act, but argue that labeling directs consumers to use difficult measurements such as one-sixteenth of a teaspoon. “Consumers are unlikely to have…
A California federal court has granted a stay awaiting guidance from the U.S. Food and Drug Administration (FDA) in a putative class action alleging that General Mills uses partially hydrogenated vegetable oils, which contain trans fat, in its baking mixes. Backus v. Gen. Mills, Inc., No. 15-1964 (N.D. Cal., order entered August 18, 2015). After finding that the plaintiff had standing because he alleged economic and immediate physical injury, the court turned to his claims of unlawful and unfair business practices under California law and held that they were plausibly alleged. The public nuisance and implied warranty of merchantability claims were insufficient, the court found, because the plaintiff failed to show a public harm distinct from his own injury and he failed to allege “that the baking mixes were unfit for even the most basic degree of ordinary use.” The court then granted General Mills’ motion to stay the continuing…
