The National Advertising Division (NAD) has recommended that Sanderson Farms change a campaign claiming that its competitors are tricking consumers with "raised without antibiotics" labels on poultry products. NAD found that the information in Sanderson's ads was accurate, including its claim that "none of the chicken you buy in the grocery store has antibiotics in it. By federal law, all chicken must be clear of antibiotics before they leave the farm." However, NAD recommended that the language Sanderson used to describe its competitors' "antibiotic-free" labels, including "marketing gimmick," "full of hot air," "just a trick to get you to pay more money" and "a phrase invented to make chicken sound safer," should be changed, noting that the scientific community lacks a consensus on the safety of consuming meat from animals raised using antibiotics. Sanderson reportedly "respectfully disagrees" with the decision but will adjust the campaign to reflect NAD's concerns. "The…
Category Archives U.S. Government and Regulatory Agencies
In the absence of action by the U.S. Food and Drug Administration (FDA), consumer-advocacy and dairy trade groups are disputing whether plant-based beverages, such as those made from soy or almonds, can be called “milk.” The Good Food Institute (GFI) sent a July 31, 2017, letter to FDA requesting action on a 1997 citizen petition filed by the Soyfoods Association of America seeking recognition of the term “soy milk.” The National Milk Producers Federation (NMPF) answered with a statement the same day, saying the effort to alter food-labeling standards “falsely suggests that the products are nutritionally equivalent.” Although FDA has previously issued letters to producers of plant-based beverages warning that their use of the term “milk” is improper because such products do not contain dairy, the agency has never responded to the 1997 petition. NMPF argued that GFI “is mistaken” for trying to revive the 1997 petition and that “[n]othing…
Sen. Chuck Schumer (D-N.Y.) has urged the U.S. Food and Drug Administration to launch a formal investigation into "Coco Loko," a "snortable chocolate" product that contains stimulants akin to those found in energy drinks. He argues that the product "isn't even pure chocolate" and is "chock full of concentrated energy drink ingredients masked and marketed under the innocence of natural and safe chocolate candy." “I can’t think of a single parent who thinks it is a good idea for their children to be snorting over-the-counter stimulants up their noses,” Schumer said in a July 10, 2017, press release. “This product is like cocaine on training wheels.” Issue 640
Two livestock trade associations have filed a lawsuit against the U.S. Department of Agriculture (USDA) alleging the agency’s 2016 repeal of marking and labeling regulations violates the Meat Inspection Act and the Tariff Act. Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of Am. v. U.S. Dept of Agric., No. 17-0223 (E.D. Wash., filed June 19, 2017). The Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America (R-CALF) and the Cattle Producers of Washington (CPW) assert that the Meat Inspection Act requires that meat from animals slaughtered outside the United States be “marked and labeled as required for imported articles” and the Tariff Act requires “conspicuous” marking “as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article." After a World Trade Organization ruling against a U.S. requirement to include country-of-origin labeling (COOL) on imports of livestock from Canada and Mexico, USDA…
The National Advertising Division (NAD) has recommended that Aldi, Inc. discontinue advertising based on a “market basket” comparison that claims consumers could save more than 50 percent by buying Aldi brands instead of name-brand products at other grocery chains. Texas-based HEB Grocery Co. first challenged print ads published in Houston then later added a challenge to print advertising outside Texas as well as in Facebook and YouTube ads. HEB challenged whether the ads “adequately informed the consumer of the basis of comparison and whether the advertiser’s broad savings claims were supported.” NAD found that where percentage savings claims did disclose the basis of comparison, the “disclosures were vague and nonspecific” and did not clarify that the achieving the advertised savings would require switching from name brands to Aldi’s house brands. Further, NAD found insufficient evidence to support Aldi’s claims that consumers would “always” save up to 50 percent. Aldi will…
Food & Water Watch, a consumer advocacy group, has filed suit against the U.S. Department of Agriculture (USDA) and the Food Safety and Inspection Service over the agencies’ denial of the group’s Freedom of Information Act (FOIA) requests asking for the names of companies that opted to participate in the New Poultry Inspection System (NPIS). Food & Water Watch, Inc. v. U.S. Dep’t of Agric., No. 17-1133 (D.D.C., filed June 9, 2017). USDA implemented the optional NPIS in an effort to reduce rates of foodborne illness attributable to chicken and turkey contaminated with Salmonella and Campylobacter. Food & Water Watch requested the identities of the companies that chose to participate in NPIS, but their FOIA requests were denied on the grounds that “the responsive records consist solely of confidential future business plans.” Alleging violations of FOIA, the plaintiff is seeking an order for disclosure of the requested records and attorney’s…
The U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) has announced two regional public meetings for public comment on the Animal Disease Traceability (ADT) system. The meetings will be in Omaha, Nebraska, on July 18, 2017, and Fort Worth, Texas, on July 20, 2017. APHIS is seeking comment from the cattle and bison sectors and will accept written statements until July 31, 2017. Issue 638
The U.S. Food and Drug Administration (FDA) has announced it will hold a public advisory committee meeting of its Science Board on June 26, 2017, in Silver Spring, Maryland. The Science Board will hear an update on FDA’s biotechnology activities related to animals and plant-derived food as well as a report from the National Antibiotic Resistance Monitoring System Review Subcommittee. Written submissions of data, information or opinions may be made on or before June 19, 2017. Issue 638
The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged foods and beverages that includes added-sugar content and emphasizes calorie content. The FDA guidance document on the changes was updated to note that it received feedback from industry and consumer groups about the compliance dates. "As a result, the FDA intends to extend the compliance dates to provide the additional time for implementation," the guidance documents states. "The framework for the extension will be guided by the desire to give industry more time and decrease costs, balanced with the importance of minimizing the transition period during which consumers will see both the old and the new versions of the label in the marketplace." Issue 638
The Center for Science in the Public Interest (CSPI) and National Consumers League have filed a lawsuit alleging the U.S. Food and Drug Administration’s (FDA’s) decision to delay implementation of rules requiring chain restaurants and food sellers to display nutritional information violated the Administrative Procedure Act. Ctr. for Sci. in the Pub. Interest v. Price, No. 17-1085 (D.D.C., filed June 7, 2017). The plaintiffs allege that the agency “repeatedly delayed” the compliance date for the nutritional labeling rules, which were originally scheduled to take effect in December 2015. One day before the revised enforcement date in May 2017, FDA announced that compliance would be delayed until May 2018. The plaintiffs request that the court vacate the delay. Additional details on the delay announcement appear in Issue 633 of this Update. “The Trump administration’s delay of menu labeling ill serves consumers, who need and want better information about their food choices,” CSPI Director of Nutrition Policy Margo G. Wootan said in a June…
