In a 10-4 vote, the Navajo Nation Council has approved a tax on “junk” foods sold on the largest reservation in the United States. If President Ben Shelly signs the measure into law, the Healthy Dine Nation Act of 2014 would apply to items like cookies, chips and soft drinks, and the revenue generated would be directed to a fund supporting farmers markets, the planting of vegetable gardens, purchase of exercise equipment, and other health-focused projects. Shelly evidently vetoed similar legislation earlier in 2014, reportedly saying that he supported the goals of the tax initiative but questioned its implementation. Proponents of the tax reportedly cite the high rates of diabetes among American Indians and Alaska Natives—the highest among U.S. racial and ethnic groups—as the main reason to pass the legislation. See Associated Press, November 15, 2014. Issue 546
Category Archives Legislation, Regulations and Standards
The Center for Science in the Public Interest (CSPI) has filed a citizen petition with the U.S. Food and Drug Administration (FDA) seeking a rule that would require sesame seeds and sesame products to be disclosed on food labels in the same way that allergens, such as milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soy, are disclosed. CSPI asks that sesame be added to FDA’s list of allergens in its “Statement of Policy for Labeling and Preventing Cross-contact of Common Food Allergens” “to address both labeling and cross contact issues related to food manufacturing practices.” The petition includes letters from parents of purported sesame-allergic children “explaining why better labeling is so important for their families.” They claim that reactions to sesame have been severe and life-threatening. See CSPI News Release, November 18, 2014.
The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety and the Food and Drug Administration’s Center for Food Safety and Applied Nutrition have announced a January 13, 2015, public meeting in College Park, Maryland, to discuss draft U.S. positions for consideration during the 24th Session of the Codex Committee on Fats and Oils slated for February 9-13 in Melaka, Malaysia. Agenda items at the January meeting include a proposed draft standard for fish oils and discussion papers focusing on (i) cold pressed oils and (ii) amended standards for sunflower seed oils and high oleic soybean oil. See Federal Register, November 19, 2014. Issue 546
A federal court in Missouri has denied the motion to dismiss filed by a food-safety company responsible for auditing conditions at the Jensen Farms cantaloupe facility some six weeks before the U.S. Food and Drug Administration inspected the farm and found the Listeria strains associated with a nationwide outbreak that allegedly sickened the plaintiff. West v. Frontera Produce Ltd., No. 13-0943 (W.D. Mo., decided November 7, 2014). Primus Group, Inc. had argued that it owed no duty to the plaintiff, but the court disagreed, citing Missouri case law, which is consistent with the Restatement (Second) of Torts, Section 324A, allowing liability for third persons who render services that should be recognized “as necessary for the protection of a third person or his things.” According to the court, the plaintiff sufficiently stated a cause of action against the defendant, “given that Primus assumed a duty pursuant to contract and the performance of that duty…
According to press reports, New York Assemblyman Karim Camara (D-Brooklyn) announced this week that he intends to propose legislation requiring sugar-sweetened beverages (SSBs) to carry labels cautioning that their consumption contributes to “obesity, diabetes and tooth decay.” He introduced a similar bill (A10172) in August 2014, but no action was apparently taken on that initiative. “We can’t sit back and pretend that sugary drinks aren’t harmful to people,” Camara was quoted as saying. “The research is clear—too much sugar leads to health problems such as obesity and diabetes.” A California Assembly committee defeated like-minded legislation earlier in 2014. More details about that proposal appear in Issue 527 of this Update. See The New York Post, November 13, 2014. Issue 545
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has determined that KK179 alfalfa, a genetically engineered (GE) crop that was created “to express reduced levels of guaiacyl lignin, a major subunit component of total lignin that slows the digestion of cellulose in livestock, as compared to conventional alfalfa at the same stage of growth,” is unlikely to constitute a plant pest, thus granting Monsanto Co. and Forage Genetics International’s petition for nonregulated status. APHIS found no significant impact following several opportunities for public comment on the petition and the preparation of an environmental assessment. See Federal Register, November 10, 2014. Issue 545
The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has approved for commercial planting a new variety of potato genetically engineered (GE) for low acrylamide and reduced black spot bruise. The potatoes in question use a technique known as RNA interference to silence genes involved in bruising and the production of acrylamide, which USDA defines as “a human neurotoxicant and potential carcinogen that may form in potatoes and other starchy foods under certain cooking conditions.” Submitted by J. R. Simplot Co., the petition for Innate™ potatoes (E12, E24, F37, J3, J55, J78, G11, H37, and H50) underwent plant and environmental risk assessments as well as a review period that generated more than 40,000 public comments—many of them identical raising concerns about “potential effects on conventional potato production, export markets, and plant fitness.” After reviewing all available data, APHIS issued a final environmental assessment with a finding…
The Center for Science in the Public Interest (CSPI) has submitted a request to the U.S. Food and Drug Administration (FDA) under the Freedom of Information Act for “the data collected by the Center for Veterinary Medicine under its Raw Milk Drug Residue Survey.” According to CSPI, FDA conducted the survey in 2012 “because excess and sometimes illegal drugs are more frequently found in animals from dairy farms at slaughter plants than animals coming from other sources.” CSPI’s review of drug testing reports in 2011 purportedly revealed that “animals coming from dairy farms accounted for 67 percent of reported drug residue violations at slaughter” and that, in some cases, “the reported residues were for drugs that are not approved for use in cattle.” While FDA informed consumer groups that it would make the raw data available when its report is released, it has yet to release the survey results. CSPI attorney…
The Center for Food Safety and two other public interest organizations have filed a lawsuit against the U.S. Food and Drug Administration (FDA) seeking to overturn its approval of 11 animal drugs containing ractopamine hydrochloride on the ground that the agency failed to undertake the analysis purportedly required under the National Environmental Policy Act (NEPA) before approving them. Ctr. for Food Safety v. Hamburg, No. 14-4932 (N.D. Cal., filed November 6, 2014). The Center previously petitioned FDA to reduce the allowable levels of ractopamine, administered in animal feeds to boost growth and leanness in meat production, and to study its potential effects on human health and animal welfare. Information about the petition appears in Issue 466 of this Update. The complaint sets forth the effects these drugs allegedly have on livestock, like pigs, and on the environment. The plaintiffs claim that the company that makes ractopamine has acknowledged the “risk…
Days after the U.S. Federal Trade Commission (FTC) filed a lawsuit to enjoin Gerber Products Co. from claiming that its Good Start® Gentle infant formula helps reduce allergies in children, a consumer filed a putative class action in Arizona federal court alleging the same facts. Werthe v. Gerber Prods. Co., No. 14-8216 (D. Ariz., filed November 3, 2014). Additional information about FTC’s lawsuit against Gerber appears in Issue 543 of this Update. Like the FTC complaint, the consumer action alleges that Gerber advertises the partially hydrolyzed whey protein (PHWP) in its Good Start® Gentle formula as reducing the risk of atopic dermatitis in infants. As a result, Gerbercharges “a significant premium” over other infant formulas, the plaintiff asserts. The complaint cites Gerber’s labeling, which allegedly promises thatits product is the “1st & Only Routine Formula to Reduce the Risk of Developing Allergies” and that it “Meets FDA [U.S. Food and Drug…
