Five public advocacy groups have filed suit against the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration (FDA) seeking to vacate FDA’s “Substances Generally Recognized as Safe” (GRAS) rule, which allegedly allows “potentially unsafe food additives to be used in the food supply (human and animal) without FDA review, approval, oversight, or knowledge, in violation of the Federal Food, Drug and Cosmetic Act (FDCA).” Ctr. for Food Safety v. Price, No. 173833 (S.D.N.Y., filed May 22, 2017). The plaintiffs argue that the GRAS rule allows manufacturers to certify that a substance is GRAS without notice to FDA or the public, although the rule gives them the option to notify the agency about certification. However, they allege, the Food Additives Amendment to the FDCA requires food additives to go through an FDA approval process. FDA allowed manufacturers to begin using the proposed rule’s optional notification…
The American Academy of Pediatrics (AAP) has announced new recommendations limiting the amount of fruit juice that children consume to reduce the risk of obesity and dental caries. Whole fruit is preferable to fruit juice for nutrition and healthy weight gain, the group stated, because 100 percent juice is mostly water, with small amounts of vitamins and minerals and no fiber. The recommendations further specify that infants should not have fruit juice at all during their first year, and toddlers should be limited to 4 ounces a day. AAP also recommends that juices be pasteurized to reduce the risk of E. coli, Salmonella and Cryptosporidium. Issue 636
The holding company of Brazilian meatpacker JBS SA has reportedly agreed to pay a $3.2-billion fine for the company’s involvement in a graft and bribery scandal involving more than 1,800 politicians, including President Michel Temer and former President Dilma Rousseff. J&F Investimentos, co-owned by brothers Joesley and Wesley Batista, will pay the fine to U.S. and Brazilian authorities over a period of 25 years. Joesley Batista stepped down as chairman and member of the JBS SA board of directors; Wesley Batista has resigned from the board but remains chief executive of the company. The Batistas purportedly told Brazilian federal prosecutors they had paid about $186 million in bribes to politicians, and JBS SA had already agreed to pay $183.8 million to settle its criminal liability for the bribes. See NPR, May 31, 2017. Issue 636
The U.S. Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a May 28, 2013, ruling that will allow alcoholic beverage manufacturers “to provide consumers with nutritional information about their products.” Acting under the authority of the Federal Alcohol Administration Act, TTB will permit the use of “Serving Facts” statements on wine, distilled spirits and malt beverages that describe the product’s “serving size, the number of servings per container, the number of calories, and the number of grams of carbohydrates, protein, and fat per serving.” Manufacturers may also choose to include information “about the alcohol content of the product as a percentage of alcohol by volume and may also include a statement of the fluid ounces of pure ethyl alcohol per serving.” According to the new ruling, TTB issued the voluntary guidance pending plans to require similar Serving Facts statements on all alcoholic beverage labels.…
The U.S. Department of Agriculture has announced that the Animal and Plant Health Inspection Service (APHIS) will host public meetings to hear comments on proposed revisions to regulations governing importation, interstate movement and environmental release of certain genetically modified organisms (GMOs). Public meetings will be held in Kansas City, Missouri; Davis, California; Riverdale, Maryland; and via webcast in June 2017. Written comments may also be submitted. Issue 635
A Washington Post report tracking multiple shipments of corn and soybeans imported from Turkey has purportedly found that the food was sold in the U.S. market fraudulently labeled as organic. The article argues that U.S. Department of Agriculture organic standards create loopholes that allow fraud to slip through. Organic corn and soybeans grown outside of the United States are required to be inspected, the Post asserts, but they are not required to be tested for pesticide residue, and inspectors that do test have apparently found high levels of pesticide use on the supposedly organic foods. The Post tracked three shipments: the first was rejected by the importing company for failing to have proper documentation, the second was fraudulently relabeled as organic soybeans before being accepted by its importing company, which has since stopped selling "all potentially affected product," and the third was rejected by importers but continued to be marketed…
A federal court has given preliminary approval to a class action settlement in which Cracker Barrel restaurants will develop a disability-access compliance policy for parking facilities at its locations. Heinzl v. Cracker Barrel Old Country Store, No. 14-1455 (W.D. Pa., order entered May 15, 2017). The settlement agreement requires Cracker Barrel to develop a survey form to assess whether the parking facilities at all of its locations comply with the 2010 Americans with Disabilities Act Standards For Accessible Design. The company will then assess and ensure that parking at the 107 locations identified by the plaintiff are brought into compliance. The agreement also includes annual reporting and monitoring provisions. The court will accept objections to the settlement from members of the class until July 13, 2017, and hold a fairness hearing in August. Issue 635
Infowars founder Alex Jones has reportedly agreed to retract his statements concerning Chobani LLC's production facility in Twin Falls, Idaho, after Chobani filed a defamation lawsuit. Jones' website published a video asserting that Chobani's Idaho facility, which employs a number of refugees, was linked to a crime and a rise in incidents of tuberculosis. "During the week of April 10, 2017, certain statements were made on the Infowars Twitter feed and YouTube channel regarding Chobani LLC that I now understand to be wrong. The tweets and video have now been retracted, and will not be reposted,” Jones reportedly said. “On behalf of Infowars, I regret that we mischaracterized Chobani, its employees and the people of Twin Falls, Idaho, the way we did." Additional details on the lawsuit appear in Issue 632 of this Update. See Los Angeles Times, May 17, 2017. Issue 635
Five Guys has moved to dismiss an Americans with Disabilities Act (ADA) complaint from a blind plaintiff allegedly unable to use the burger chain’s website, arguing that the plaintiff cannot prove she was denied access to a “place of public accommodation” because the statute is limited to physical facilities. Marett v. Five Guys Enters, No. 17-0788 (S.D.N.Y., memorandum filed May 15, 2017). The plaintiff points to a federal circuit split on the issue and has asked a New York federal court to follow the Second Circuit, which has held that the ADA guarantees “more than mere physical access” and that the “website is a service of the physical location.” The plaintiff claims that Five Guys’ website, which allows online ordering in addition to general restaurant and menu information, is inaccessible to blind patrons despite the existence of “readily available technological solutions.” Issue 635
A group of California citrus growers has sued the U.S. Department of Agriculture seeking to stop implementation of a new rule that would lift the ban on importation of lemons from Argentina, claiming the rule violates both “sound science and good public policy.” U.S. Citrus Sci. Council v. USDA, No. 17-0680 (E.D. Cal., filed May 17, 2017). The plaintiffs assert that the United States has banned Argentine lemon imports since 1947 because “highly destructive plant pests and diseases plague Argentine citrus” and the Argentine government agency charged with plant protection “has a long and problematic history of failing to report pest and disease outbreaks promptly and of failing to ensure compliance” with basic plant protection measures. The plaintiffs argue that the Animal and Plant Health Inspection Service violated both the Plant Protection Act and the Administrative Procedure Act when it promulgated the new rule relying on conclusions reached during a…
