A recent post on NPR’s “The Salt” blog has highlighted a sharp increase in the number of food labels designed to signal a product’s nutritional content and environmental status, raising questions about whether “the proliferation of ‘pick me!’ logos has become somewhat overwhelming.” According to the October 29, 2012, post, the International Ecolabel Index has counted 432 “green” marks “administered by governments, nongovernmental organizations and industry alliances” without even tracking those labels addressing nutrition or humane handling practices. “The Index’s Anastasia O’Rourke says this sea of stylized leaves and bean sprouts is confusing not only to individual consumers but to major purchasers like universities trying hard to do the right thing,” reports “The Salt,” which notes that some entities like the European Commission, United Nations and International Organization for Standardization have already embarked on efforts to standardize “the whole labeling game.” Meanwhile, some countries like Denmark have started moving toward…

Researchers have reportedly found that consumers are unsure what "natural," “organic” and “Non-GMO Project Verified” mean when the phrases appear on food labels. Konstantinos G. Syrengelas et al., "Is the Natural Label Misleading? Examining Consumer Preferences for Natural Beef," Applied Economic Perspectives and Policy, October 2017; Brandon R. McFadden, et al., “Effects of the National Bioengineered Food Disclosure Standard: Willingness to Pay for Labels that Communicate the Presence or Absence of Genetic Modification,” Applied Economic Perspectives and Policy, October 2017. To investigate a petition to the U.S. Department of Agriculture asserting that "natural" labeling misleads consumers, researchers conducted an online choice experiment to determine whether including a definition of "natural" on a label deterred or encouraged study participants to pay a premium for steak. The researchers apparently found that the participants were unwilling to pay a premium if they either identified themselves as familiar with the definition of "natural" or if they…

The U.S. Food and Drug Administration (FDA) is proposing to revoke an authorized health claim linking consumption of soy protein to reduction of the risk of heart disease. FDA first authorized the claim in 1999 after concluding that evidence supported the proposition that soy protein lowered low-density lipoprotein (LDL) cholesterol. The agency states that although “some evidence continues to suggest a relationship,” studies published since 1999 have presented findings inconsistent with the health claim and that the “totality of currently available scientific evidence calls into question the certainty of this relationship.” Other possible benefits of soy consumption will not be affected by the proposed rule. If the claim is revoked, FDA says it will allow the use of a qualified health claim, which requires a lower standard of scientific evidence and would allow the industry to use qualifying language explaining the limited evidence of the link between soy and heart…

Chinese scientists have reported that they successfully created 12 genetically modified pigs with about 24 percent less body fat than average pigs. Qiantao Zheng, et al., “Reconstitution of UCP1 using CRISPR/Cas9 in the white adipose tissue of pigs decreases fat deposition and improves thermogenic capacity,” Proceedings of the National Academy of Sciences, October 17, 2017. According to the researchers, pigs lack a gene called UCP1 that allows animals to regulate body temperature in cold weather. Using gene-editing technique CRISPR-Cas9, the scientists created and implanted modified pig embryos into female pigs. Tests on the piglets reportedly showed they were much better at regulating their body temperatures, which could potentially reduce farmers' heating and feeding costs and prevent pig deaths in cold weather. NPR further explored the use of gene editing in food production, discussing the Coalition for Responsible Gene Editing in Agriculture's campaign to dispel fears associated with food products created using…

The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a higher risk to infants—the most exposed group—than older children or adults because infants consume jarred or canned foods with high mean concentrations of the materials. Risks associated with furan exposure reportedly include liver damage and liver cancer. According to EFSA, furan exposure might be reduced through preparation methods such as reheating ready-to-eat foods in a hot-water bath without a lid because evaporation can remove some furan content. EFSA also reported that the highest exposure in adults was attributable to coffee; high mean concentrations of furan were found in whole roasted coffee beans, ground roasted coffee, coffee imitates and instant coffee powder.

German candy manufacturer Haribo is reportedly investigating allegations of human slavery on carnauba wax suppliers’ plantations in Brazil. According to Reuters, a German television documentary showed palm-leaf harvest workers forced to sleep outside, denied access to clean water and paid $12 a day. In June 2017, Haribo’s board posted a “Modern Slavery Statement” on its website, stating it was “absolutely committed to preventing any form of slavery and human trafficking in its corporate activities.” The statement also included a mandate for due diligence reviews of its supply chain to assess “particular product or geographical risks” of slavery.

The U.S. Department of Agriculture (USDA) has announced that it will take no further action to implement the Farmer Fair Practices Rules, which were reportedly created to allow farmers the power to sue corporate entities with whom they had contracted to produce livestock and poultry. In April 2017, USDA announced a delay of the effective date until October 19, 2017, to allow time for further consideration of comments. On October 18, USDA announced that it will not implement the rules because of concerns over potential increases in litigation, vagueness of the draft rules’ language, possible conflicts of law and executive branch directions to use the least burdensome regulations possible. Following USDA's announcement, U.S. Sens. Charles Grassley (R-Iowa) and Jon Tester (D-Mont.) sent a letter to Secretary of Agriculture Sonny Perdue stating that they “vehemently disagree with the decision” because their constituents believe that the current practices of multinational agribusiness corporations,…

A Massachusetts federal court has dismissed a putative class action against Conagra Brands that alleged the company’s Wesson cooking oil was not “100% natural” because it is extracted from grains grown from genetically modified organisms (GMOs), ruling the plaintiff had failed to state a claim upon which relief could be granted. Lee v. Conagra Brands, Inc., No. 17-11042 (D. Mass., entered October 25, 2017). Taking judicial notice of U.S. Food and Drug Administration (FDA) guidance, the court noted that the agency has “not attempted to restrict the use of the term 'natural' except for added color, synthetic substances, and flavors." In addition, the court held that according to FDA guidance, Conagra is not required to disclose on its labels the use of GMO plants. The plaintiff alleged a single count for deceptive business practices, but the court ruled that because the label conformed to FDA guidelines, it was not “unfair…

Green Crush, a retailer selling juice, smoothie and aguas frescas beverages, has filed a lawsuit alleging that a former Green Crush manager and a former contractor engaged in corporate espionage, asserting that they used the chain’s proprietary information and infringed its trademarks and trade dress to start a competing company. Green Crush, LLC v. Paradise Splash 1, Inc., No. 17-1856 (C.D. Cal., filed October 23, 2017). The complaint alleges that the manager frequently asked senior Green Crush employees about “distribution operations, specific equipment, detailed drink ingredients, the design, placement, setting and layout of drink containers and cups, and the process and recipes used” before leaving to start a competing juice store. Further, Green Crush argues, the manager and contractor solicited Green Crush employees to work for them; allegedly, some of those employees asked “if the store under construction was a [Green Crush] store because it looked just like one.” Seeking…

The World Trade Organization (WTO) has ruled that the United States can use the “dolphin-safe” tuna labeling regulations revised in 2016, deciding they are part of a “legitimate conservation effort.” Mexico began the dispute in 2008 when it asserted that U.S. regulations governing tuna fishing in the Eastern Tropical Pacific Ocean were more stringent than in other areas of the world and unfairly barred Mexico’s fishing industry from the market. Although WTO has previously ruled in Mexico’s favor, the new opinion stated that the regulations are “calibrated to the levels of risks posed by different fishing methods in different parts of the ocean, [so] we do not see any reason to find that the same measure is applied in a manner that constitutes a means of arbitrary or unjustifiable discrimination.” In April 2017, WTO awarded Mexico $163 million in trade sanctions over the regulations; that award may now be appealed.

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