According to U.S. Food and Drug Administration (FDA) Deputy Commissioner for Foods and Veterinary Medicine Michael Taylor, the agency will revise proposed rules under the Food Safety Modernization Act (FSMA) “affecting farmers,” who have apparently expressed concern about the potential impact on their livelihoods. Among provisions to be revised and re-published for public comment in early summer 2014 are (i) “sections covering water quality standards and testing,” (ii) “standards for using raw manure and compost,” (iii) those “affecting mixed-use facilities (such as a farm that has a food-processing operation),” and (iv) “procedures used to withdraw the qualified exemption to these requirements for certain farms.” Taylor also noted that the agency continues to review the comments already submitted to the rulemaking docket and may decide to include other changes for public comment. See FDA Voice, December 19, 2013. Issue 508
The U.S. Food and Drug Administration (FDA) has proposed a rule that will implement those provisions of the Food Safety Modernization Act addressing “hazards that may be intentionally introduced by acts of terrorism.” Under the rule, domestic and foreign facilities that manufacture, process, pack, or hold food would be required to register and implement certain measures to protect against the intentional adulteration of food. These facilities, with certain exemptions, would be required, among other things, to “prepare and implement a written food defense plan that includes actionable process steps, focused mitigation strategies, and procedures for monitoring, corrective actions, and verification.” The proposal is expected to be published in the December 24, 2013, issue of the Federal Register, and will have a 30-day public comment period. See FDA News Release, December 20, 2013. Issue 508
Lindt & Spruengli AG is once again facing trademark litigation over its gold-wrapped chocolate candy, this time for its “Teddy,” which Haribo GmbH claims infringes its “Gold-Bears” multi-colored gummy bears product. Lindt was unable to secure a European Union (EU) trademark for its chocolate bunny, but was able to stop Hauswirth in Austria from manufacturing Easter bunnies resembling its bunny. Lindt did not succeed in similar litigation against Reigelein in Germany. Additional information about the EU Court of Justice ruling rejecting the bunny registration appears in Issue 441 of this Update. Lindt and Haribo apparently agreed to ask a German court to resolve their dispute, and an initial hearing occurred in Landgericht Köln in October 2012. The final hearing is scheduled for December 18. Lindt has reportedly indicated that it specifically avoided marketing its bear shaped candy as a “Gold Teddy,” but Haribo complains that the product nevertheless infringes its…
A recent study has reportedly revealed that organic milk contains a healthier balance of omega-6 and omega-3 fatty acids compared with milk from cows raised on conventionally managed dairy farms. Benbrook, et al., “Organic Production Enhances Milk Nutritional Quality by Shifting Fatty Acid Composition: A United States–Wide, 18-Month Study,” PLOS One, December 9, 2013. The finding, writes New York Times writer Kenneth Chang, is the “most clear-cut instance of an organic food’s offering a nutritional advantage over its conventional counterpart,” as “studies looking at organic fruits and vegetables have been less conclusive.” According to the researchers, who note that the ratio of omega-6 to omega-3 fatty acids in the U.S. diet have risen to “nutritionally undesirable levels,” the healthier fatty acid profile of organic milk is likely a result of cows foraging on grass. By comparison, cows fed a corn-based diet apparently produce milk that contains higher levels of omega-6 fatty acids, which…
New York University Nutrition Professor Marion Nestle will join other speakers at Cornell University’s “Festschrift in Honor of Per Pinstrup-Andersen: New Directions in the Fight Against Hunger and Malnutrition,” slated for December 13-14, 2013, in Ithaca, New York. She and Cornell’s Malden Nesheim will present their paper, “The Internationalization of the Obesity Epidemic: The Case of Sugar Sweetened Sodas.” Contending that obesity rates have increased in tandem with the consumption of sugar-sweetened beverages (SSBs) and that “many researchers are confident that the evidence justifies public health efforts to reduce children’s soda intake,” the co-authors report that efforts are underway globally to curtail SSB consumption despite pushback and purportedly aggressive foreign-marketing campaigns by U.S. SSB companies. Those efforts include taxes on SSBs, restrictions on marketing them in schools, advocacy, and education.
A December 2013 Food & Water Watch (FWW) report titled “Grocery Goliaths: How Food Monopolies Impact Consumers” examines consolidation in the food industry and how this affects “every link in the food chain, from farm to fork.” Analyzing 100 types of grocery products from cereals and soft drinks to frozen meals and crackers, the report suggests that the top four or fewer food companies control a “substantial majority of the sales of each item.” It further contends that the largest food manufacturers often offer multiple brands of the same food product, “giving consumers the false impression that they are choosing between competing products when in fact all the sales can go to the same parent company.” Noting that during the past few years as food companies and supermarket chains have consolidated, the illusion of choice has coincided with higher grocery bills, FWW Executive Director Wenonah Hauter said, “you might think…
Mafrash Attias has reportedly filed a putative class action against McDonald Israel alleging that the company cheats consumers by putting less ice cream into its ice cream cups. According to the complaint, Attias found that the contents of two sizes of the company’s “Ice Blast” product, with an NIS 2 shekel price (US 50 cents) difference, are nearly always barely distinguishable in weight or volume. He has also apparently alleged that the large size sometimes holds less ice cream than the less expensive smaller alternative and that the McDonald’s marketing pitch is to encourage customers to “size-up” for “only” 2 additional shekels. The named plaintiff reportedly submitted samples from several McDonald’s stores to the independent, Jerusalem-based Forensic Science Institute for testing. According to a news source, its report is attached to the complaint. The plaintiff seeks NIS 24.5 million (about US $7 million). See Jewish Business News, December 9, 2013…
A federal court in Georgia has called for the prosecutors and defendants in a criminal action arising from the 2009 nationwide Salmonella outbreak linked to the peanut products made by the Blakely, Georgia, Peanut Corp. of America to propose a scheduling order and trial dates between July 7, 2014, and August 2014. United States v. Parnell, No. 13-cr-12 (M.D. Ga., order entered December 11, 2013). The case had been set for trial in February. The court also agreed to review in camera affidavits and other supporting documents “to demonstrate why [the defendants’] defenses are antagonistic and mutually exclusive.” Former Peanut Corp. owner Stewart Parnell has requested that the court sever the proceedings which have been brought jointly against him and several company employees. The court further reserved ruling on pending discovery motions and the government’s motion for a competency hearing as to Stewart Parnell. Issue 507
Some four years after the U.S. Equal Employment Opportunity Commission (EEOC) accused several Ruby Tuesday, Inc. restaurants in Pennsylvania and Ohio of engaging in a pattern or practice of age discrimination against 40-year-old or older job applicants, Ruby Tuesday agreed to settle the claims, without admitting any liability. EEOC v. Ruby Tuesday, Inc., No. 09-1330 (W.D. Pa., consent decree approved December 9, 2013). The company will pay $575,000 into a qualified settlement fund account to provide back pay and statutory damages to eligible claimants, designate a decree compliance monitor to ensure compliance with the terms of the agreement, establish hiring and recruitment goals for individuals in the protected age group, adopt and maintain an electronic applicant tracking system, audit compliance, and report to EEOC. The company has also agreed to provide sufficient training regarding the decree, will report age-discrimination complaints to EEOC and retain certain records to resolve claims that…
A federal court in California has dismissed a number of claims with prejudice in the second amended complaint filed on behalf of a putative class alleging that the promotion of various snack products made by Procter & Gamble Co. and Kellogg Co. is false and misleading. Samet v. Procter & Gamble Co., No. 12-1891 (N.D. Cal., order entered December 10, 2013). The complaint challenges “0g Trans Fat,” “evaporated cane juice (ECJ),” “healthy and wholesome,” and “fortification” claims for snack chips, riblets and mixed berry snacks. The plaintiffs also bring slack-fill claims that survive. The court will allow “0g Trans Fat” claims to proceed, finding the allegations sufficient, but dismissed them with prejudice as to Pringles chip products that are “reduced fat” or sold in 100-calorie packs, finding that they have “insufficient fat content to require the disclosure in question.” The court also dismissed with prejudice causes of action based on…
