The U.S. Food and Drug Administration (FDA) has issued an update for consumers on its 2018 study examining milk allergies and dark chocolate. "U.S. law requires manufacturers to label food products that are major allergens, as well as food products that contain major allergenic ingredients or proteins," the update notes. "Allergens contained in a food product but not named on the label are a leading cause of FDA requests for food recalls, and undeclared milk is the most frequently cited allergen. Chocolates are one of the most common sources of undeclared milk associated with consumer reactions." FDA advised consumers to interpret "may contain" disclosures as "likely to contain," even if the package is also labeled as dairy-free or vegan. "Unfortunately, you can’t always tell if dark chocolate contains milk by reading the ingredients list. FDA researchers found that of 94 dark chocolate bars tested, only six listed milk as an…
Europol and Interpol have announced the seizure of 320 additional tonnes of "counterfeit and substandard food and beverages" following an operation that involved 83 countries, bringing the operation's seizure total to about 12,000 tonnes. "This year’s operational activities have found a new disturbing trend to address: the infiltration of low-quality products into the supply chain, a development possibly linked to the COVID-19 pandemic," the press release notes. The operation, which focused on dairy foods, olive oil, alcohol and horse meat, also identified counterfeit cereals, grains and derived products as well as coffee, tea and condiments.
A group of workers at a Maid-Rite Specialty Foods production plant has filed a lawsuit seeking to compel the Occupational Safety and Health Administration (OSHA) to require Maid-Rite to establish procedures to mitigate the risk of COVID-19 infection. Does v. Scalia, No. 20-1260 (M.D. Penn., filed July 22, 2020). The plaintiffs allege that they face "imminent dangers posed by a workplace that has failed to take the most basic precautions to protect against the spread of COVID-19." The complaint asserts that Maid-Rite is "failing to provide cloth face coverings, configuring the production line in such a way that workers cannot social distance, failing to arrange for social distancing in other areas of the plant, failing to provide adequate handwashing opportunities, creating incentives for workers to attend work sick, failing to inform workers of potential exposures to COVID-19, and rotating-in workers from other facilities in a way that increases the risk…
A Florida federal court has dismissed a putative class action alleging that Burger King Corp. misled consumers with the release of its Impossible Whopper. Williams v. Burger King Corp., No. 19-24755 (S.D. Fla., entered July 20, 2020). The plaintiff, a vegan, argued that Burger King's marketing misled him into believing the Impossible Whopper, made with the plant-based Impossible Burger, would abide by vegan dietary restrictions, but the patty was cooked on the same grill as meat patties. The court disagreed, finding that "Burger King promised a non-meat patty and delivered with the 'Impossible Burger.'" "Plaintiffs’ argument, however, loses momentum when they claim there was a presumption the 'Impossible' patties would be cooked on a different grill than other items sold at Burger King," the court held. "This is not an essential term of the contract. Furthermore, as Burger King’s slogan has boasted for forty years, Plaintiffs’ could have 'Had it [their] way'…
The New York legislature has passed SB 8817, which would prohibit "the distribution, sale, and offer for sale in New York" any food packaging that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) as "intentionally added chemicals." "Food packaging is a key place to look for PFAS chemicals, as they often include non-stick components to repel grease. PFAS chemicals in food packaging can enter a human's bloodstream by leaching into food that is consumed, as well as find its way into the environment through disposal," states the bill's justification. "This bill would ban the entire class of PFAS chemicals from food packaging containers used in New York. Washington State signed similar legislation into law in April 2018. In order to protect the health and safety of New Yorkers, we must take an aggressive approach by prohibiting the use of all PFAS chemicals in food packaging."
The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) will accept comments on recommendations to update the List of Bioengineered Foods as it pertains to the National Bioengineered Food Disclosure Standard. Recommendations include the addition of sugarcane and an amendment to reflect that the only currently available trait for bioengineered summer squash is virus resistance. AMS also noted that it does not find cowpea or rice to qualify for addition to the list but is accepting comments on its assessment. Comments will be accepted until August 24, 2020.
The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance that "outlines FDA's current thinking on several topics relevant to the development of cannabis and cannabis-derived products: The source of cannabis and cannabis-derived compounds for clinical research; general quality considerations for developing drugs that contain cannabis and cannabis-derived compounds; and calculation of percent delta-9 tetrahydrocannabinol (THC) in botanical raw materials, extracts, and finished products." The agency will accept comments on the guidance until September 21, 2020.
In response to the COVID-19 pandemic, the demand for hand sanitizer has increased exponentially. Manufacturers of much-needed hand sanitizers face a maze of regulatory rules and restrictions in every country in which their products will be sold. For example, the U.S. Food and Drug Administration has monitored hand sanitizers entering the market, and the agency has regularly updated its list of recalled hand sanitizer products, including many that have been sold at national retailers. In an infographic overview, Shook consumer products attorneys guide the producers of hand sanitizers and retailers through what they need to know to successfully make, label and sell their products in the U.S., U.K., Canada and Mexico. Learn the relevant details and questions to ask about each country’s requirements; guidance on product ingredients, product testing, labeling, promotion and distribution of hand sanitizers; and direct actions to take to ensure products get safely to market in full…
The U.S. Department of Agriculture (USDA) and the Department of Health and Human Services (HHS) has released the first print of the Scientific Report of the 2020 Dietary Guidelines Advisory Committee, which will be used to guide dietary recommendations. Changes include a reduced recommendation for the percentage of added sugars in an adult's diet and a section for children under two years old. The report also notes the effects of COVID-19 on its findings. "As more is learned about infection by SARS-Co V-2 and the development of COVID19, it is clear that it has significant nutritional implications. These parallel epidemics, one noninfectious ( obesity and diet-related chronic diseases) and one infectious (COVID-19), appear to be synergistic. Those at most risk for the most serious outcomes of COVID-19, including hospitalization and death, are people afflicted by diet-related chronic diseases (obesity, type 2 diabetes, and cardiovascular disease). Finally, throughout the world, the…
The U.S. Food and Drug Administration (FDA) has announced that it will resume domestic inspections of regulated facilities during the week of July 20, 2020, after pausing in March due to COVID-19. "To arm our investigators with the most reliable and accurate information, the FDA has developed a rating system to assist us in determining when and where it is safest to conduct prioritized domestic inspections," the agency states. "The COVID-19 Advisory Rating system (COVID-19 Advisory Level) uses real-time data to qualitatively assess the number of COVID-19 cases in a local area based on state and national data. We are also making the Advisory Level data available to our state partners who carry out inspections of FDA-regulated entities on the agency’s behalf under contract." The agency also announced that the inspections will be pre-announced. "The FDA has also determined that, for the foreseeable future, prioritized domestic inspections will be pre-announced…
