A coalition of consumer groups led by the Center for Digital Democracy, Campaign for a Commercial-Free Childhood (CCFC) and Center for Science in the Public Interest have filed a complaint with the Federal Trade Commission (FTC), alleging that Google’s YouTube Kids application mixes “advertising and programming in ways that deceive young children, who, unlike adults, lack the cognitive ability to distinguish between the two.” According to the April 7, 2015, press release, the groups also claim that the app promotes several “branded channels” for fast-food and toy companies, as well as “user-generated segments” “that feature toys, candy and other products without disclosing the business relationships that many of the producers of these videos have with the manufacturers of the products, a likely violation of the FTC’s Endorsement Guidelines.” Filed on behalf of these consumer groups by Georgetown Law’s Institute for Public Representation, the complaint asks FTC to investigate whether the…
Category Archives U.S. Government and Regulatory Agencies
The U.S. Food and Drug Administration (FDA) will host a public workshop titled “FDA Science Forum 2015” on May 27-28 in Silver Spring, Maryland. The focus of the event will be highlighting science conducted at FDA, the role that research plays in informing regulatory decision making and providing a forum for collaborations with external organizations. The agency’s eight Regulatory Science priority areas include (i) ensuring FDA’s readiness to evaluate innovative emerging technologies, (ii) implementing a prevention-focused food safety system and (iii) strengthening social and behavioral science to help consumers and professionals make informed decisions about regulated products. Registration information is available on FDA’s website. See Federal Register, April 9, 2015. Issue 561
The U.S. Food and Drug Administration (FDA) has established a docket for comments related to the agency’s implementation of food safety standards mandated under the Food Safety Modernization Act (FMSA) and announced an April 23-24, 2015, public meeting in Washington, D.C., to solicit input about operational work plans. Operational work plan discussions will focus on produce safety, preventive controls for animal feed and food manufacturing facilities, measures to address intentional adulteration, the Foreign Supplier Verification Program, and FDA’s third-party accreditation program. Meeting participants will also have the opportunity to attend various break-out sessions on particular topics. Registration information is available on FDA’s website, and stakeholders may submit written or electronic comments to the docket by May 26. See Federal Register, March 24, 2015. Issue 560
The U.S. Department of Agriculture (USDA) has scheduled an April 7-8, 2015, public meeting of the Grain Inspection, Packers and Stockyards Administration (GIPSA) Advisory Committee at the National Grain Center in Kansas City, Missouri. Topics of discussion will reportedly include service delivery updates, utilizing new technology to conduct inspections, quality assurance updates, and the reauthorization status of user fees paid by official agencies. See Federal Register, March 16, 2015. Issue 559
The estate of Logan Stiner, an Ohio teenager who died in May 2014 after ingesting pure caffeine powder purchased from Amazon, has filed a lawsuit against the online retailer and the companies that manufacture and market the powder. Stiner v. Amazon.com Inc., No. 15CV185837 (C.P. Lorain Cty., filed March 6, 2015). According to the complaint, “pure caffeine is a drug” under Ohio law, but the powder manufacturers have “successfully avoided meaningful regulation of [the] product by the U.S. Food and Drug Administration (FDA) by classifying their product as a ‘dietary supplement,’” which leaves them “responsible for determining that pure caffeine powder is safe.” The companies “failed to alert users of the known risks and side effects of ingesting caffeine powder, including the risk of cardiac arrhythmia and cardiac arrest,” the reaction that killed Stiner, the complaint says. The estate also alleges that the companies did not conduct adequate testing of…
The World Health Organization (WHO) has recommended that adults and children reduce their daily intake of added sugars to less than 10 percent of their total daily energy intake. In addition, WHO calls for consumers to limit their consumption of added sugars to less than 25 grams (6 teaspoons) for further health benefits. The new advice follows the release of the U.S. Department of Health and Department of Agriculture’s proposed Dietary Guidelines for Americans, which would set similar limits for glucose, fructose and sucrose added to food and drink by manufacturers, retailers or consumers. “We have solid evidence that keeping intake of free sugars to less than 10% of total energy intake reduces the risk of overweight, obesity and tooth decay,” said Francesco Branca, director of WHO’s Department of Nutrition for Health and Development, in a March 4, 2015, press release. “Making policy changes to support this will be key…
The U.S. Department of Agriculture’s Agricultural Marketing Service is hosting an April 27-30, 2015, public meeting of the National Organic Standards Board (NOSB) in La Jolla, California. The event will serve as NOSB’s final review of substances with sunset dates in 2016, and sessions will include those covering reports from the Materials, Livestock, Crops and Handling subcommittees. The tentative agenda, relevant proposals and information about the comment submission and meeting registration process are available here; the deadline for submitting written comments or registering to make oral comments at the meeting is April 7. See Federal Register, March 12, 2015. Issue 558
A California appeals court has affirmed a lower court’s ruling dismissing a putative class action alleging that Safeway misbranded its Lucerne-brand of Greek yogurt because U.S. Food and Drug Administration (FDA) regulations prohibit the use of “milk protein concentrate” (MPC) in foods labeled as yogurt. Tamas v. Safeway, Inc., No. RIC1206341 (Cal. Ct. App., 4th Dist., Div. 3, order entered February 23, 2015). The plaintiff argued that a 1981 FDA regulation determining yogurt’s “Standard of Identity” (SOI) dictated what ingredients are allowable in products sold as yogurt despite the agency’s stay of the regulation soon after it was issued. FDA promised to schedule a public hearing on the regulation but, as of January 2009, “due to competing priorities and limited resources, FDA has not held a public hearing to resolve these issues and the effective date for these provisions remains stayed. Therefore, these provisions were never in effect. Consequently, cultured milk…
The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service is soliciting public comment on its current list of select agents and toxins with the potential to pose a severe threat to animal or plant health or to animal or plant products. The agency’s biennial review and republication of the list is required under provisions of the Agricultural Bioterrorism Protection Act of 2002. Criteria for determining whether an agent or toxin is placed on the list include the (i) effect of exposure to the agent/toxin on animal or plant health and on the production and marketability of animal or plant products; (ii) pathogenicity of the agent/toxin and the methods of transference to animals or plants; and (iii) availability and effectiveness of pharmacotherapies and prophylaxis to treat and prevent any illness caused by exposure to the agent/ toxin. Comments should be submitted by April 28, 2015. See Federal Register,…
In a recent article for Law360, Shook, Hardy & Bacon Class Actions & Complex Litigation Co-Chair Jim Muehlberger and Agribusiness & Food Safety Associate Jeff Lingwall discuss the new wave of putative class action litigation against food and nutraceutical companies brought by plaintiffs bearing product test results that allegedly indicate deviations from labeled amounts. They explain U.S. Food and Drug Administration (FDA) standards for evaluating nutrition labeling and attendant provisions of the Federal Food, Drug, and Cosmetic Act/Nutrition Labeling and Education Act, advocating anticipatory measures by companies, given the advent of product testing websites, crowdfunded research and the increased scrutiny of the dietary supplement industry. Such measures, they say, include ensuring that (i) production processes (and those of any contract manufacturers) produce FDA-compliant test results and (ii) performing regular product testing to assure compliance with nutrition labeling per FDA-testing procedures. Issue 557
