Industry and Consumer Perspectives Presented During ABA Food Law Seminar
The American Bar Association’s Litigation Section sponsored a “Hot Topics in Food Law” program via the Web and telephone on February 10, 2009. Speakers included in-house counsel for a large food manufacturing company, a Grocery Manufacturers Association (GMA) representative and Stephen Gardner, the director of litigation for the Center for Science in the Public Interest (CSPI).
They focused on the most recent “ingredient-driven” foodborne contamination outbreaks, including pet food and infant formula containing
melamine and peanut butter products tainted with Salmonella. In light of such incidents, the speakers emphasized that food companies must carefully manage their supply chains through independent, reliable audits and the establishment and communication of clear, achievable food safety standards. After the recent peanut butter recall, companies will likely focus on company-to-company tracing issues.
A speaker representing the outside counsel perspective focused on bisphenol A and discussed recent initiatives to ban it in Canada and list it as a reproductive toxicant under Proposition 65 in California. He also discussed litigation pending against the manufacturers of infant formula and baby bottles. He stressed that scientific evidence linking the chemical to human health hazards is lacking. GMA representative Robert Brackett, Ph.D, suggested that any company thinking of submitting data or other information to government agencies as they consider bisphenol A issues should determine how the information will be used and whether it will be further disseminated before they submit it.
Stephen Gardner’s presentation involved products labeled “natural,” “green,” “organic,” and “sustainable.” Comparing high-fructose corn syrup (HFCS) and sugar to plastic and dinosaurs, Gardner noted that CSPI has had success suing or threatening to sue companies that put HFCS in their products and then promote them as “natural.” According to Gardner, some of them have reformulated their products. He suggested that companies consider, after they are sued, whether it is better to litigate or change their practices. He also cautioned food companies to make better products and stop lying when they market their products.
Final comments focused on supply chain oversight, the establishment of “special situations management teams” before crises arise and focusing on prevention even in a tight economy.
