Due to the recent government shutdown, the U.S. Food and Drug Administration (FDA) has extended the public comment period for several proposed rules related to the implementation of the Food Safety Modernization Act (FSMA). FDA has extended the deadline for comments on (i) “Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Rule: Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption” until March 15, 2014; and (ii) “Foreign Supplier Verification Programs for Importers of Food for Humans and Animals” and “Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to Issue Certifications,” until January 27.
According to data recently issued by Stericycle Expert Solutions, the number of food recalls documented by the U.S. Food and Drug Administration (FDA) during the third quarter (Q3) of 2013 declined 14 percent compared to the previous quarter. Of the foods recalled, 44 percent, an increase of 8 percent from the previous quarter, were classified as Class I recalls, which means they can potentially cause illness or death. The volume of Q3 recalls—seven million units—however, doubled the number of units recalled in Q2, with a 17-percent increase in the number of companies involved. According to FDA, one recall affected 2.5 million units, three recalls affected between 500,000 and one million units, and eight recalls affected between 100,000 and 500,000 units. As in previous years, allergens were the single largest cause of food recalls, representing more than 40 percent of recalls reported during Q3. One company was involved in 24, or more…
The U.S. Food and Drug Administration (FDA) has issued the “Second BiennialReport to Congress on the Food Emergency Response Network (FERN)” as required under Section 202(b) of the Food Safety Modernization Act. Administered by FDA and the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS), “FERN is an integrated, secure laboratory system for federal, state, and local government agencies engaged in food safety and food defense activities” responsible for detecting, identifying and responding to situations involving “biological, chemical, or radiological contamination of food.” Among other successes, FDA reports that FERN “has been vital in responding to major outbreaks of foodborne disease attributed to many products, including spinach, pet food, and peanut butter.” The network has also provided surge capacity for federal and state responses to both natural and industrial emergencies, in addition to handling large-scale, non-emergency projects, such as arsenic testing in fruit juices and rice products, and…
U.S. Sens. Richard Blumenthal (D-Conn.), Dick Durbin (D-Ill.), John Rockefeller (D-W.V.), and Edward Markey (D-Mass.) have written a letter to Rockstar, Inc. CEO Russell Weiner, questioning the energy drink company’s relationship with Ronin Syndicate, the manufacturer of remote-controlled toys crossed-branded with the Rockstar logo. Responding to consumer complaints on social media sites, the senators pointed to a July 31, 2013, hearing held by the Commerce, Science, and Transportation Committee investigating the alleged health risks of caffeinated energy drinks. In particular, they noted that Rockstar Chief Operating and Financial Officer Janet Weiner told committee members that “Rockstar’s target demographic is persons 18 to 35 years of age and their company does not market products to children under 12 years of age.” “Despite statements from your company that Rockstar, Inc. does not market to children, examples of what appear to be targeted marketing of your products to children have come to our attention,”…
U.S. Sen. Edward Markey (D-Mass.) and U.S. Rep. Joe Barton (R-Texas) have reportedly introduced joint legislation (S. 1700 and H.R. 3481) that would expand the Children’s Online Privacy Protection Act of 1998 (COPPA) to cover children older than age 12 and establish new rules for collecting, storing and disclosing their personal information. Titled the Do Not Track Kids Act of 2013, the initiative includes provisions that “would extend protection to teens ages 13 to 15 by prohibiting Internet companies from collecting personal and location information from teens without their consent and would create an ‘eraser button’ so parents and children could eliminate publicly available personal information content, when technologically feasible.” According to Markey, who in September 2013 asked the Federal Trade Commission to investigate Facebook’s decision to change its privacy settings for teens, the legislation seeks to draw congressional attention to “the speed with which Facebook is pushing teens to…
According to New York Times food commentator Mark Bittman, Beyoncé Knowles has joined a list of celebrities who have entered endorsement deals for products “that may one day be ranked with cigarettes as a killer.” The singer has apparently agreed to “have the Pepsi logo painted on her lips and have a limited-edition Pepsi can bearing her likeness.” She will also be seen during the “Pepsi Super Bowl halftime show, where she’ll be introduced by 50 of her luckiest and best-gyrating fans who have been selected through a contest.” In his article titled “Why Do Stars Think It’s O.K. To Sell Soda?,” Bittman notes that Knowles supported first lady Michelle Obama’s “Let’s Move” campaign by stating that she was “excited to be part of this effort that addresses a public health crisis,” but has now “become part of an effort that promotes a public health crisis.” He observes that product…
“A curious hurdle is threatening to complicate efforts by the United States to reach a major trade agreement with 11 Pacific nations by the end of the year: catfish,” reports New York Times writer Ron Nixon in a November 13, 2013, article describing how the U.S. Department of Agriculture’s (USDA’s) new catfish inspection program has angered Vietnam, a member of the TransPacific Partnership and a major exporter of a catfish known as pangasius. Vietnamese trade officials have apparently written to Secretary of State John Kerry, the White House and Congress, criticizing the new inspection program as a trade barrier in disguise. “And it’s not even a good disguise; it’s clearly a thinly veiled attempt designed to keep out fish from countries like Vietnam,” Le Chi Dzung, the chief economic officer of the Vietnamese Embassy in Washington, D.C., told the Times. Intended to replace the Food and Drug Administration’s (FDA’s) catfish…
In response to the U.S. Food and Drug Administration’s request for comments on its “Draft Guidance for Industry on Arsenic in Apple Juice: Action Level,” the Center for Food Safety (CFS) has asked the agency to “limit the public’s exposure to arsenic through a new regulatory strategy that recognizes the prevalence of arsenic in the food supply.” Stating that although individual foods containing arsenic may be safe to eat in moderation, CFS maintains that they are often consumed in combination, thereby presenting a risk of “cumulative arsenic exposure” that could reach dangerous levels. Calling FDA’s draft guidance “insufficient” to address these health hazards, CFS’s November 12, 2013, letter to FDA asks for the agency to regulate based on “cumulative arsenic exposure” rather than through product specific levels. According to CFS, FDA “must do more” to adequately protect public health. To that end, CFS suggests that, because arsenic is present in…
A recent viewpoint article published in the Australian & New Zealand Journal of Psychiatry (ANZJP) has raised the question of whether food addiction “is a ‘true’ and valid addiction, through the lens of the recently released DSM-5,” the fifth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. Nagesh Pai, et al., “Is food addiction a valid phenomenon through the lens of the DSM-5?,” ANZJP, November 2013. In particular, the article notes that DSM-5 for the first time includes “non-substance related, behavioral or process addictions” such as Gambling Disorder and Internet Gaming Disorder, thus setting the foundation “for the potential future inclusion of food addiction.” “Readers of the DSM-5 that are familiar with the food addiction literature, may be left wondering why food addiction was excluded based upon the rationale for the inclusion of Gambling Disorder,” write the article’s authors. “Specifically, that gambling activates the same…
Subject to court approval, Frito-Lay will pay $1.6 million to settle wage-andhour claims filed on behalf of current and former employees who deliver its products to stores and arrange the store displays. Elliott v. Rolling FritoLay Sales, LP, No. 11-1730 (C.D. Cal., filed November 9, 2011). A hearing on the plaintiff’s motion for preliminary approval will be held December 23, 2013. The plaintiff alleged that Frito-Lay did not pay all the wages owed for overtime hours worked, provide duty-free meal periods and rest breaks, provide accurate itemized wage statements, or pay all wages due on cessation of employment to its route sales associates (RSAs), merchandisers and detailers. According to the plaintiff, Frito-Lay calculated overtime pay “using an illegal fluctuating workweek rather than California’s mandated forty hours workweek. The effect of utilizing the fluctuating workweek is that the more hours Plaintiff and RSAs work in excess of forty hours, the lower their…
