A World Trade Organization (WTO) dispute settlement panel has found that a series of food safety restrictions imposed by the Indian government on imports of U.S. poultry products was based on the inaccurate proposition that U.S. poultry was more likely to carry bird flu. India failed to distinguish between high-pathogenic bird flu that had not been found in the United States since 2004 and a low-pathogenic strain that had appeared in the country, the WTO panel found, so it rejected the Agreement on Sanitary and Phytosanitary Measures. The United States initially challenged the import restriction in 2012 following complaints from chicken farmers accusing the Indian government of unfairly shielding its poultry producers from foreign competition. India has 60 days to challenge the panel’s findings, and if it does, the WTO Appellate Body will have 90 days to issue a report on the dispute. Issue 541
Category Archives Legislation, Regulations and Standards
A federal court has denied Vermont Public Interest Research Group (VPIRG) and the Center for Food Safety’s (CFS’s) motion to intervene in a lawsuit challenging Vermont’s statute requiring food manufacturers to label their products if they contain genetically modified organisms (GMOs). Grocery Mfrs. Ass’n v. Sorrell, No. 14-0117 (U.S. Dist. Ct., D. Vt., order entered October 7, 2014). In their motion to intervene, the consumer groups argued that they had a right to be involved in the litigation because if Act 120 were held to be unconstitutional, it would “injure their organizational missions, their advocacy efforts, and the personal interests of their members.” In addition, they asserted that the state’s financial and human resources were insufficient to defend the law. In response, the court cited a Sixth Circuit decision holding that, according to the district court’s summary, “a public interest group does not have a separate interest sufficient to intervene…
The U.S. Food and Drug Administration (FDA) has scheduled a meeting of the Science Advisory Board (SAB) to the National Center for Toxicological Research (NCTR) for November 6-7, 2014, at NCTR’s research campus in Jefferson, Arkansas. Public sessions of the two-day meeting will include the NCTR director’s update on scientific initiatives; a report from the National Toxicology Program on opportunities for collaboration; and discussions of specific research needs from representatives of the Center for Veterinary Medicine, Office of Regulatory Affairs and the Center for Food Safety and Applied Nutrition. Individuals interested in making presentations during the meeting should express interest in doing so by October 22 while those wishing to submit data or views in writing should do so by October 30. See Federal Register, October 9, 2014. Issue 540
A bipartisan group of 32 federal lawmakers led by U.S. Senators Jon Tester (D-Mont.) and Mike Enzi (R-Wyo.) penned an October 6, 2014, letter to the Senate Appropriations Committee asking its leaders to “reject efforts to weaken or suspend Country of Origin Labeling (COOL) through any continuing resolution or omnibus appropriations bill” pending a World Trade Organization (WTO) decision on the United States’ meat labeling dispute with Canada and Mexico. According to their letter, “anonymous foreign sources continue their efforts to undermine COOL,” making it essential that the Committee “not allow these rumors from abroad to preemptively weaken U.S. law before the dispute resolution process has run its course.” U.S. consumers, they contend, “have the right to know where their food comes from and farmers should be able to market their livestock as born and raised in America.” Issue 540
The U.S. Court of Federal Claims has ruled that the U.S. Food and Drug Administration (FDA) is not required to compensate tomato growers for a regulatory taking after incorrectly warning the public in 2008 that a Salmonella outbreak was linked to tomatoes. Dimare Fresh Inc. v. U.S., No. 13-519 (Fed. Cl., order entered September 18, 2014). The growers argued that FDA had “appropriated a benefit” through the seizure of tomatoes, but “[a] regulatory takings claim is not plausible and cannot proceed when the government action at issue has no legal effect on the plaintiff’s property interest,” the court said. “Advisory pronouncements, even those with significant financial impact on the marketplace, are not enough to effect a taking of property under the Fifth Amendment.” The growers were attributing independent consumer behavior to FDA, the court found, and the argument that consumer advisories alone constituted takings had no support in case law.
The U.K. Advertising Standards Authority (ASA) has upheld two complaints against a website advertising Brewmeister Ltd.’s “Snake Venom” beer as “THE WORLD’S STRONGEST BEER.” In response to the first complaint, which disputed the beer’s stated alcohol by volume (ABV),the agency questioned whether the independent analysis that determined Snake Venom’s ABV differed from the process used for standard beer. Noting that the beer’s fermented alcohol content was concentrated via freeze distillation and possibly augmented with ethyl alcohol, ASA found the advertisement misleading because “consumers would interpret the claim ‘Snake venom 67.5%’ to mean the product had an alcohol volume of 67.5%, as per the standard ABV measure, without having been through any other additional processes to standard beer.” ASA also upheld its own complaint challenging “whether the ad implied the drink may be preferred because of its alcohol or intoxicating effect, and whether the factual information about the strength of the…
The European Commission (EC) and European Food Safety Authority (EFSA) have launched public consultations seeking comments on endocrine active substances and draft genetically modified (GM) plant guidance. In accordance with regulations governing biocides and plant protection products, the commission has asked the public “to help define criteria for endocrine disruptors” as part of its effort to identify and regulate substances that interact with human and animal hormone systems. “Endocrine disrupting chemicals have triggered a substantial debate: there are strong signals from science, there is increasing public and political concern and awareness, while some stakeholders still have doubts,” said European Commissioner for the Environment Janez Potočnik. “Europe is watching—we need these criteria to improve protection and give industry the certainty it requires. Citizens and stakeholders can help us make an informed decision.” See EC Press Release, September 29, 2014. In addition, EFSA’s Panel on Genetically Modified Organisms has requested views on…
The National Advertising Division (NAD) has referred Talking Rain Beverage Co. to the Federal Trade Commission (FTC) after the company failed to comply with a previous NAD determination finding that certain aspects of its advertising could be misleading. After a July 2014 NAD investigation, Talking Rain’s advertising for Sparkling ICE—which it presents as “the adventurous side of water,” “the vibrant side of water” and “the bold side of water”—was found to be misleading if the product was not shown because consumers may believe that the product is water without additional flavoring. NAD found that Talking Rain’s claim “Naturally flavored sparkling mountain spring water” was not misleading when displayed with the product, which is brightly colored and bears a list of ingredients indicating the inclusion of flavoring agents. In July, Talking Rain said it disagreed with the conclusion but would take NAD’s recommendation into consideration, but following several months of inaction…
To ease producer burdens under the Food Safety Modernization Act (FSMA), the U.S. Food and Drug Administration (FDA) has revised four proposed rules related to produce safety; preventive controls for human food and animal food; and the foreign supplier verification program. After receiving feedback from consumers and industry stakeholders, the agency has (i) updated water quality testing provisions; (ii) exempted farms with less than $25,000 in sales from produce-safety rules; (iii) addressed the use of spent grains in animal food by clarifying that brewers and distillers subject to the human-food rules do not need to comply with all animal-food rules; and (iv) granted importers more flexibility under the proposed foreign-supplier verification program “to determine appropriate supplier verification measures based on risk and previous experience with their suppliers.” FDA has requested comments on the proposed changes by December 15, 2014. “Ensuring a safe and high-quality food supply is one of the FDA’s…
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued a final rule amending the National List of Allowed and Prohibited Substances (National List), which governs the use of synthetic and nonsynthetic substances in organic crop production and processing. Effective October 30, 2014, the final rule adds biodegradable biobased mulch film to the National List and defines third-party standards for compostability, biodegradability and biobased content. The agency also removed nonorganic hops (Humulus lupulus) and unmodified rich starch from the National List, as their use exemptions have expired, and rejected recommendations to include Citrus hystrix and curry leaves on the National List. See Federal Register, September 30, 2014. Issue 539
