Several consumer organizations, including the Center for Food Safety,
Environmental Working Group and Natural Resources Defense Council,
have filed a petition for a writ of mandamus in the U.S. Court of Appeals
for the Ninth Circuit seeking a writ compelling the U.S. Food and Drug
Administration (FDA) to address the groups’ administrative petition
filed in December 2014. Breast Cancer Fund v. FDA, No. 16-70878 (9th
Cir., petition filed March 31, 2016). FDA missed a June 2015 deadline to
respond to the groups’ petition, which implored FDA to rescind foodcontact
approval for perchlorate, “an endocrine-disrupting chemical that
interferes with the thyroid gland” used in food packaging.

“Perchlorate is primarily used in rocket fuel. There is no reason FDA
should allow a chemical like this in or on food products,” Andrew
Kimbrell, executive director of Center for Food Safety, said in a March 31,
2016, press release. “It is irresponsible, illegal, and indefensible for FDA
to continue withholding a response to our petition when human health is
at stake.”

 

Issue 599

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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