The U.S. Department of Agriculture (USDA) seeks public comment on proposed amendments to the National List of Allowed and Prohibited Substances that would change restrictions on some items and allow new ones. Among the changes that USDA proposes are the suggested additions of activated charcoal, mineral oil, nutritive supplements and propylene glycol. The deadline for submission of public comment is March 19, 2018.
The U.S. Food and Drug Administration (FDA) has extended the comment period for its proposed rule revoking authorization for a health claim that the consumption of soy can reduce the risk of heart disease. The agency proposed the rule in October 2017 and opened a 75-day comment period, but it has extended the deadline until March 19, 2018.
Delicious Inc. has filed a lawsuit alleging Texas restaurant Delicious Tamales and its owners have infringed on Delicious Inc.'s trademark. Delicious Inc. v. Lopez, No. 18-0041 (W.D. Tex., filed January 12, 2018). Delicious Inc. argues that it has owned the federal rights to the "Delicious Tamales" mark since 2012 in the categories of "Tamales, bunuelos, hot sauce and tortillas" as well as "Chile con carne, and Mexican barbecue, namely, prepared meat." In 2017, the defendants opened a restaurant under the Delicious Tamales name, "brazenly located" a "mere one mile from Plaintiff's long-established location" in San Antonio. Delicious Inc. alleges it received "numerous complaints from customers regarding the quality of the food sold at Defendant's location" because they believed "that both locations were owned by the same individuals or company." Alleging violations of the Lanham Act as well as state trademark infringement, the plaintiffs seek a permanent injunction, damages, costs and attorney's…
The European Food Safety Authority (EFSA) has opened a public consultation period on draft guidance for the agency’s risk assessment of nanoscience and nanotechnology applications in human and animal food. The draft, intended to update the 2011 guidance, will include coverage of novel foods, food contact materials, food and feed additives and pesticides. It also considers in vivo and in vitro toxicology studies and outlines a tiered framework for testing. The deadline for submission of public comments is March 4, 2018.
The U.S. Food and Drug Administration (FDA) has issued draft guidance aiming to increase and expedite product warnings and recalls. According to FDA Voice, recall information has historically not been released to the public until after a weeks- or months-long evaluation and classification process. The agency plans to add “not-yet-classified” recalls of drugs, food and veterinary products to its weekly Enforcement Report, but the addition will not affect existing protocols for working with companies. The deadline for submitting public comment is March 20, 2018.
The U.S. Food and Drug Administration (FDA) has announced it will not enforce certain provisions of the Food Safety Modernization Act (FSMA) because the agency needs more time to consider "the complex supply chain relationships and resource requirements” related to definitions and required disclosures. Among other issues, FDA stated, are questions about factors such as farm ownership and farm-related activities that affect the determination of what business entities are “farms.” In addition, FDA will delay enforcement of some provisions related to (i) produce safety; (ii) disclosures regarding hazard analyses; (iii) importation of food contact substances under the Foreign Supplier Verification Program; and (iv) human food byproducts used in animal food.
The Swiss government has reportedly banned the culinary practice of boiling live lobsters, mandating that the lobsters must be killed instantly by “mechanical destruction” or stunned before they are killed. Passed in response to concerns over studies that suggest crustaceans such as lobsters and crabs can feel pain, the law also outlaws transport of live crustaceans on ice, instead requiring that “aquatic species must always be kept in their natural environment." Experienced chefs may also use a traditional method of inserting a sharp knife into the lobster’s head to kill it quickly. The law takes effect March 1, 2018.
A consumer has filed a lawsuit alleging Schwan's Co. falsely advertises Mrs. Smith's Original Flaky Crust Pies as made with “real butter” despite allegedly containing a vegetable and butter shortening blend. Leguette v. Schwan’s Co., No. 17-7599 (E.D.N.Y., filed December 31, 2017). The plaintiff alleges that she bought a Mrs. Smith's apple pie because the package prominently displayed the statements “Made With Real Butter,” “No Artificial Sweeteners, Dyes or Flavors” and "No High Fructose Corn Syrup.” The Nutrition Facts panel disclosed that the product contains a “Shortening Butter Blend (Palm Oil, Butter [Cream, Salt])” and corn syrup. Claiming violations of New York’s General Business Law, breach of warranties and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
A federal court has dismissed a lawsuit alleging Earth’s Best falsely labels its infant and toddler foods as organic, asserting that the foods contain at least 29 ingredients not permitted to be labeled as such under the Organic Food Production Act of 1990 (OFPA). Organic Consumers Ass’n v. Hain Celestial Grp., Inc., No. 16-0925 (D.D.C., entered January 3, 2018). Although the court found the plaintiff advocacy group had standing to sue because it expended resources to challenge Hain Celestial’s labeling practices, it determined that the plaintiff’s claims were preempted by the OFPA. The court found that “in enacting the OFPA, Congress could not have been clearer about its purposes” to establish national standards for organically produced products, ensure organic products met a consistent standard and facilitate interstate commerce of organic foods. The plaintiff’s lawsuit, the court held, was premised on an allegation that Hain Celestial violated District of Columbia law by mislabeling…
An increasing number of companies are selling "raw water," or "unfiltered, untreated, unsterilized spring water," according to the New York Times. The companies target consumers seeking to leave the country's water infrastructure over concerns about treatments the water undergoes and the lead pipes that sometimes carry it to its destinations. One "water consciousness movement" start-up offers "fluoride-free," "chlorine-free" and "mineral electrolyte alkaline" options, while another sells a system that pulls moisture from the air to collect water. The founder of Live Water, which sells 2.5-gallon jugs of raw water for about $37 each, told the Times that "real water" should expire: "It stays most fresh within one lunar cycle of delivery," he is quoted as saying. "If it sits around too long, it'll turn green. People don't even realize that because all their water's dead, so they never see it turn green." "By convincing people to drink untreated water, the proponents of the raw…
