Ten consumer organizations, including the Center for Science in the Public Interest and the Rudd Center for Food Policy and Obesity, have filed a Request for Investigation with the Federal Trade Commission (FTC) alleging that Topps Co., maker of Ring Pops, violated the Children’s Online Privacy Protection Act (COPPA) by encouraging children younger than age 13 to post photos of themselves wearing the candy to social media. Topps apparently introduced the campaign, #RockThatRock, as a collaboration with “tween band” R5 to feature photos of Ring Pop wearers in the band’s music video. Consumers could enter the contest by posting a photo to social media and appending the name of the campaign. The consumer groups allege that Topps aimed the contest at youth through its child-focused website, Candymania, and that the contest violated COPPA rules by collecting personal information—which, by statutory definition, includes photographs—from a child without giving notice and obtaining…
Category Archives Legislation, Regulations and Standards
The Food and Drug Administration (FDA) is requesting (i) nominations for a non-voting industry representative to serve on the Food Advisory Committee and (ii) statements from organizations interested in participating in the selection process for the non-voting committee member. The Food Advisory Committee evaluates data and makes recommendations on such matters as food ingredient safety; food and cosmetic labeling; nutritional issues; and exposure limits for food contaminants. Organizations that want to participate in the process should express their interest in writing by January 7, 2015. Nomination materials must be received by the same date. See Federal Register, December 8, 2014. Issue 548
The U.S. Food and Drug Administration (FDA) has updated its online bisphenol A (BPA) information to reaffirm its conclusion that the substance is safe for approved food-packaging uses. According to the revised statement, agency experts in toxicology, analytical chemistry, endocrinology, epidemiology, and other fields completed “a four-year review of more than 300 scientific studies” without finding any information that would “prompt a revision of FDA’s safety assessment of BPA in food packaging at this time.” “Based on FDA’s ongoing safety review of scientific evidence, the available information continues to support the safety of BPA for the currently approved uses in food containers and packaging,” said the agency. “FDA will also continue to consult with other expert agencies in the federal government, including the National Institutes of Health (and the National Toxicology Program), the Environmental Protection Agency, the Consumer Product Safety Commission, and the Centers for Disease Control and Prevention.” See…
The Pew Charitable Trusts Campaign on Human Health and Industrial Farming has published an issue brief concluding that gaps in the U.S. Food and Drug Administration’s (FDA’s) guidance for antibiotic use in livestock have allowed “some injudicious practices to persist.” Released in December 2013, FDA Guidance for Industry #213 aims to combat antibiotic-resistant bacteria by restricting the use of antibiotics in food animals for growth promotion. To this end, the agency asked drug companies to remove “feed efficiency” and “weight gain” indications from product labels and required veterinary oversight when these drugs are added to feed or water. After reviewing all 287 antibiotics affected by Guidance #213, Pew researchers reported that approximately one-quarter of these drugs “can be used in at least one species of livestock (chickens, turkeys, pigs or cattle) for disease prevention at levels that are fully within the range of growth promotion dosages and with no limit…
A federal court has granted summary judgment for the U.S. Food and Drug Administration (FDA) in a lawsuit brought by the Center for Science in the Public Interest (CSPI) and Mercury Policy Project (MPP) alleging that the agency has egregiously delayed a response to the organizations’ 2011 petition urging FDA to require the labeling of mercury levels in seafood. CSPI v. FDA, No. 14-0375 (D.D.C., order entered November 21, 2014). Additional information about the complaint appears in Issue 517 of this Update. Assessing precedent, the court noted six considerations relevant in evaluating agency delay and found that three were in question here. CSPI and MPP argued that FDA’s delay was unreasonable because statutorily, the agency has six months to approve, deny or tentatively respond to citizen petitions; while FDA technically complied with this regulation, they argued, the deadline “provides a framework within which to gauge FDA’s delay in issuing a…
The European Food Safety Authority (EFSA) has launched a risk assessment in response to the European Commission’s urgent request for scientific advice on the H5N8 avian influenza A virus detected in Germany, the Netherlands and the United Kingdom. Focusing on the role of wild birds as vectors, EFSA plans to release a December 2014 report that will provide risk managers “with independent scientific advice and assistance on animal health and welfare related to avian influenza and any possible food safety issues.” See EFSA News Release, November 26, 2014. In a related development, the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service has amended an interim rule restricting the importation of live birds and poultry, hatching eggs and poultry products “from regions where any subtype of highly pathogenic avian influenza (HPAI) is considered to exist.” Effective December 1, 2014, the final rule now permits the importation of HPAI-resistant species, including pigeons…
The U.S. Department of Health and Human Services (HHS) and Department of Agriculture (USDA) have scheduled a meeting of the 14 member committee charged with developing the federal government’s “2015 Dietary Guidelines for Americans” for December 15, 2014, from 8 a.m. to 5:30 p.m. EST. The meeting is accessible to the public by webcast only and registration is required to view the proceedings. Aimed at promoting consumption of foods and beverages that assist in maintaining a healthy weight and preventing disease, the guidelines were first issued in 1980, are revised every five years, and provide the basis for federal food and nutrition policy and education efforts. The next iteration of the guidelines will be published during fall 2015. Information about the December 15 meeting agenda, webcast registration and the committee’s requests for written comments may be found here. See Federal Register, November 26, 2014. Issue 547
The U.S. Food and Drug Administration (FDA) has finalized two rules under the 2010 Patient Protection and Affordable Care Act that require chain restaurants and vending machine operators to disclose calorie information on menus or at the point of purchase. Generating more than 1,100 public comments, the federal rules aim to standardize labeling requirements “to provide consumers with more nutritional information about the foods they eat outside of the home.” Effective December 1, 2015, the menu-labeling final rule applies to restaurants and similar retail food establishments with more than 20 locations, as well as food facilities in movie theaters, amusement parks and other entertainment venues. According to FDA, which narrowed the scope of the rule to focus on restaurant-style food, the new labeling provisions cover standard menu items, certain alcohol beverages and multi-serving dishes labeled on a per-serving basis, but exempt “condiments, daily specials, temporary menu items, and food that…
The United States has appealed the World Trade Organization’s (WTO’s) ruling in favor of Canada and Mexico in a dispute over U.S. country-of-origin labeling (COOL) regulations requiring pork and beef products originating outside the United States to carry labels specifying their sources. The appeal notification circulated to WTO members indicated that the United States has challenged several of the panel’s findings, including that the detrimental impact does not stem exclusively from legitimate regulatory distinctions because “the amended COOL measure entails an increased recordkeeping burden and increased segregation,” “the current labels provided by the amended COOL measure have a potential for label inaccuracy,” and “the amended COOL measure continues to exempt a large proportion of muscle cuts.” Appeals are heard by three members of a permanent seven-member appellate body unaffiliated with any government, and the appellate body generally has three months to conclude its report. Additional information on the WTO panel’s…
The European Union’s (EU’s) Court of Justice has determined that the law requires fresh poultry meat to satisfy the microbiological criteria for foodstuffs and that national law may impose a penalty on “a food business operator which is active only at the distribution stage” for placing a contaminated food product on the market. Reindl v. Bezirkshauptmannschaft Innsbruck, No. C-443/13 (E.C.J., decided November 13, 2014). The issue arose from an Austrian proceeding involving a fine imposed on a food retail manager after a sample from her store of vacuum-packed fresh turkey breast produced and packed by another company was found to be contaminated with Salmonella Typhimurium. The Unabhāngiger Verwaltungssenat in Tirol stayed the proceeding and referred to the EU court the questions whether (i) food business operators “active at the food distribution stage” are subject to the full regime under Regulation (EC) No 2073/2005, and (ii) the microbiological criterion in the…
