Several publications have detailed the story of Get Baked, a U.K. bakery, to examine how food regulations differ in the United Kingdom and the United States. Get Baked was forced to stop selling its 12-layer chocolate cake and raspberry glazed donut cookies after a U.K. Trading Standards inspector found the desserts to be topped with sprinkles that contain a substance labeled in the United Kingdom as erythrosine, or E127, an additive only approved for use in cocktail cherries and candied cherries, according to the BBC. In the United States, the substance is labeled as FD&C Red No. 3, according to NPR, and is allowed in foods but was restricted for some uses in 1990 after studies purported to show that "very high doses of the color additive can cause cancer in laboratory animals." The BBC also noted that studies have reportedly linked the additive to hyperactivity in children and an…
The U.S. Food and Drug Administration (FDA) has released two guidance documents on food contact substance notifications, pertaining to toxicology recommendations and administrative processes. The food contact substance notification process is "the primary means by which FDA regulates food additives that are food contact substances (FCSs)." The guidance documents define a food contact substance as "any substance that is intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if the use is not intended to have any technical effect in the food," per the federal Food, Drug, and Cosmetic Act.
The U.K. Environment Agency has announced a project "to establish standardised metrics to measure environmental performance of the food and drink sector." The agency "is aiming to make it simpler for businesses and for the public to understand the environmental performance of companies in key areas such as greenhouse gas reduction and resource efficiency," according to the announcement. The agency indicated that it intends to incentivize companies to establish "greener manufacturing processes and business operations helping to tackle climate change" and positioned the project as an aid to businesses intending to "effectively communicate their environmental performance to the public."
Shook Of Counsel John Johnson joins AIB International's Judi Lazaro for another installment of their webinar series answering commonly asked questions about FDA regulations. Join Johnson and Lazaro on October 25, 2021, at 1:00 p.m. CT to learn more about how to respond to an FDA inspector's finding of objectionable conditions. 483 may be the most dreaded number in food safety. This number is the designation for a form where an FDA inspector records objectionable conditions in your facility that may be violations of the Food, Drug, and Cosmetic Act. If an inspector hands you a Form 483, the next question is, “Now what do I do?” For the third webinar in this series, join John Johnson from the law firm Shook, Hardy & Bacon and AIB International’s Judi Lazaro, who have amassed decades of food safety and FDA compliance experience. They will ask each other those questions you’ve always…
A plaintiff has filed a putative class action alleging that Kellogg Sales Co. misleads consumers as to the quantity of vegetables in its MorningStar "Veggie" products, including "Veggie Burgers," "Veggie Dogs," "Veggitizers" and "Veggie Chik'n." Kennard v. Kellogg Sales Co., No. 21-7211 (N.D. Cal., filed September 17, 2021). Kellogg represents its products as "Veggie," the complaint asserts, "but this representation is false or at least highly misleading because the predominant non-water ingredient in all of the Veggie Products is not vegetables—or even vegetable-based—but instead, grain or oil." The consumer also argues that the "Veggie" products violate California law "by using product names that include the term 'VEGGIE' while failing to disclose the percentage of vegetables in the products, which have a material bearing on the price and consumer acceptance of the Veggie Products." The plaintiff alleges violations of California consumer-protection statutes as well as breach of warranties and seeks class…
A New York federal court has dismissed allegations that Aldi Inc. misled consumers about the contents of its vanilla almond milk product. Parham v. Aldi Inc., No. 19-8975 (S.D.N.Y., entered September 21, 2021). The complaint asserted that the almond milk contained a "comparatively high level of vanillin" and "'a trace or de minimus' amount of vanilla," allegedly misleading consumers as to the primary flavoring agent of the product. A magistrate judge provided the court with a recommendation, noting that a "reasonable consumer would understand that the word ‘vanilla’ on the front of the carton describes how the Product tastes, not what it contains, especially in circumstances where the ingredients listed on the Product container do not mention vanilla at all." Further, the magistrate stated, "Five other courts in this district have recently addressed nearly identical arguments regarding other vanilla-flavored products. All five courts rejected claims that the labeling of vanilla-flavored products was…
The European Food Safety Authority (EFSA) and the European Chemicals Agency (ECHA) have begun consultations seeking scientific evaluations of glyphosate. "The classification of chemicals is based solely on the hazardous properties of a substance and does not take into account the use or likelihood of exposure to the substance," the announcement notes. "Exposure is considered as part of the risk assessment of pesticide active substances, a process led by EFSA." Glyphosate is currently approved for use the European Union until December 2022, and EFSA and ECHA anticipate finalizing their conclusions "in the second half of 2022." Comments will be accepted until November 22, 2021.
The U.S. Department of Agriculture (USDA) has announced a public meeting to receive comments on the U.S. positions for the Codex Alimentarius Committee meeting on Nutrition and Foods for Special Dietary Uses. The public meeting, which will be held October 19, 2021, will include discussions on a draft guide for ready-to-use therapeutic foods and the establishment of nutrient reference values-requirements for those aged 6-36 months.
The U.S. Department of Agriculture has requested comments on "the labeling of meat and poultry products comprised of or containing cultured cells derived from animals subject to the Federal Meat Inspection Act or the Poultry Products Inspection Act." Comments will be accepted until November 2, 2021. The announcement details the U.S. Cattlemen's Association's 2018 petition urging the agency to "limit the definition of 'beef' to products derived from cattle born, raised, and harvested in the traditional manner, and thereby prohibit foods comprised of or containing cultured animal cells from being labeled as 'beef.'” In response to the petition, the agency received more than 6,000 comments "from trade associations, consumer advocacy groups, businesses operating in the meat, poultry, and cultured food product markets, and consumers," the announcement states. "Most comments opposed the petition overall; however, nearly all generally agreed that cultured meat and beef should be labeled in a manner that…
The U.S. Food and Drug Administration (FDA) announced the results of a study on the presence of per- and polyfluoroalkyl substances (PFAS) in processed foods, including baby foods. Out of 167 samples, three products had detectable levels of PFAS, the agency stated, and the amounts were not elevated to a level of concern. "Based on the best available current science, the FDA has no scientific evidence that the levels of PFAS found in the samples tested indicate a need to avoid any particular food in the food supply." “The FDA’s testing for certain PFAS in such a wide range of foods available, including those commonly eaten by babies and young children, is among the first study of its kind,” said Acting FDA Commissioner Janet Woodcock in a press release. “Although our studies to date, including these newly released results, do not suggest that there is any need to avoid particular…
