The European Commission (EC) has issued a draft rule amending Regulation 1169/2011—a food information and labeling rule adopted in 2011—with regard to use of the term “nano” to describe food additives. The amended rule requires adherence to the definition of “engineered nanomaterial” provided in Recommendation 2011/696/EU, because this rule “reflects the technical and scientific progress to date.” The revised rule further states that the definition of a nanomaterial should be “linked” to the International Organization for Standardization’s definition that an engineered nanomaterial is “a nanomaterial designed for a specific purpose or function.” According to the revised regulation, some food additives, which had been registered as “nano,” may no longer be categorized as such. Noting that it would be “unsuitable” and confusing for certain food additives to be preceded by the word “nano,” the revision states that “food additives included in the [Union lists] should not be mandatorily qualified as ‘nano’ in the…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has issued a final rule, effective Oct. 17, 2013, amending regulations governing the standards for the condition of food containers. According to the agency, revising existing tables, removing operating characteristic curves and updating language in the standards will render them applicable to most types of food containers and align them with current industry practices. AMS also noted that since the standards were last amended in May 1983, innovations in packaging technologies have provided an increasingly wide variety of acceptable new food containers, including aseptic packaging, metal cans with easy-open lids, and plastic rings that hold several containers together. See Federal Register, September 17, 2013.
The Federal Trade Commission (FTC) has requested comments on proposed self-regulatory guidelines submitted by the kidSAFE Seal Program under the safe harbor provisions of the Children’s Online Privacy Protection Rule (the COPPA Rule). Owned and operated by Samet Privacy, LLC, the kidSAFE Seal Program identifies itself as “a fast-growing safety certification service and seal-of-approval program designed exclusively for children-friendly websites, mobile applications, tablet devices, and other similar interactive services and technologies.” The program is seeking safe harbor status pursuant to Section 312.11 of the Revised COPPA Rule. In particular, FTC has asked respondents to consider, among other things, whether (i) the proposed guidelines provide “the same or greater protections for children” as those contained in Sections 312.2-312.10 of the Rule; (ii) “the mechanisms used to assess operators’ compliance with the proposed guidelines” are effective; (iii) “the incentives for operators’ compliance with the proposed guidelines” are effective; and (iv) the proposed…
The Centers for Disease Control and Prevention (CDC) has issued a report examining the impact of antibiotic-resistant bacteria on human health. Titled Antibiotic Resistance Threats in the United States, 2013, the report categorizes bacterial strains as either urgent threats, serious threats or concerning threats according to their clinical and economic impacts, incidence, 10-year projection of incidence, transmissibility, availability of effective antibiotics, and barriers to prevention. Among the bacteria identified by CDC as serious threats are drug-resistant Campylobacter, drug-resistant non-typhoidal Salmonella, methicillin-resistant Staphylococcus aureus (MRSA), and drug resistant tuberculosis. In particular, the agency has noted that the “use of antibiotics in foodproducing animals allows antibiotic-resistant bacteria to thrive while susceptible bacteria are suppressed or die.” Warning that “much of antibiotic use in animals is unnecessary and inappropriate and makes everyone less safe,” the report highlights CDC’s work with the Food and Drug Administration and U.S. Department of Agriculture to monitor trends in antibiotic resistance…
U.S. Rep. Rosa DeLauro (D-Conn.), Rep. Frank Pallone (D-N.J.) and Sen. Richard Blumenthal (D-Conn.) have introduced legislation (H.R. 3147) seeking to “modernize” food labeling by updating the Nutrition Facts panel and ingredient list requirements, addressing front-of package (FOP) labeling, and eliminating misleading health claims. Titled the Food Labeling Modernization Act of 2013, the bill would require the Department of Health and Human Services (HHS) “to issue comprehensive guidance for industry clarifying the scientific support needed to prevent false or misleading information for structure/function claims and giving the Secretary the legal authority to compel companies to turn over their substantiation documents.” It would also direct HHS to (i) establish “a single, standard [FOP] labeling system in a timely manner for all food products required to bear nutrition labeling,” (ii) update the definition of the term “healthy” according to the Dietary Guidelines for Americans, (iii) standardize the term “natural,” (iv) require products…
The Equal Employment Opportunity Commission (EEOC) has filed a complaint against Performance Food Group, Inc., alleging that it had a “standard operating procedure of denying employment to female applicants for operative positions in its [warehouse] facilities on the basis of their gender”; EEOC also alleges that the defendant failed to promote a woman at its Maryland facility on the basis of her gender. EEOC v. Performance Food Group, Inc., No. 13-1712 (D. Md., filed June 13, 2013). The defendant apparently distributes food-related products to more than 130,000 independent and national chain restaurants, theaters, schools, hotels, health care facilities, and other institutions across the United States. According to the complaint, the defendant unlawfully discriminated against hiring women at multiple facilities since at least January 1, 2004, for warehouse positions that required the operation of machinery and factory-related processing equipment or were supervisory occupations. A corporate senior vice president allegedly stated on…
The U.S. Department of Agriculture’s Food Safety and Inspection Service and the Food and Drug Administration have announced an August 5, 2013, public meeting in Washington, D.C., to provide information and receive public comments on agenda items and draft U.S. positions for discussion during the 21st Session of the Codex Committee on Residues of Veterinary Drugs of the Codex Alimentarius Commission in Minneapolis, Minnesota, on August 26-30, 2013. Agenda items include a report on World Organization for Animal Health activities; proposed draft maximum residue limits (MRLs) for veterinary drugs; proposed draft guidelines on performance characteristics for multi-residue methods; and a discussion paper on MRLs and other limits in honey. See Federal Register, June 20, 2103. Issue 488
A recent systematic review and meta-analysis conducted by researchers with the Harvard School of Public Health has allegedly concluded that sugar-sweetened beverage (SSB) consumption “promotes weight gain in children and adults.” Vasanti Malik, et al., “Sugar-sweetened beverages and weight gain in children and adults: a systematic review and meta-analysis,” American Journal of Clinical Nutrition, October 013. Focused on prospective cohort studies and randomized controlled trials (RCTs), the meta-analysis noted that a one-serving per day increase in SSB consumption was associated with (i) “a 0.06-unit increase in BMI over a [one-year period] among children and adolescents,” and (ii) “an additional weight gain of 0.12 to .22 kg (≈0.25-0.50 lb) over [one year] among adults.” “SSBs can lead to weight gain through their high added-sugar content, low satiety, and an incomplete compensatory reduction in energy intake at subsequent meals after intake of liquid calories,” conclude the study’s authors. “Our results also suggest…
A recent study examining the role of gut bacteria in obesity has reported that germ-free mice transplanted with human fecal microbiota either gained weight or stayed lean depending on the body profile of the human donor. Vanessa Ridaura, et al., “Gut Microbiota from Twins Discordant for Obesity Modulate Metabolism in Mice,” Science, September 2013. Using mice with no gut microbiota of their own, researchers with the Washington University School of Medicine apparently conducted two separate experiments, the first of which involved transplanting fecal microbiota from one lean twin and one obese twin into mice that were then kept in separate cages and fed a diet low in fat and high in plant polysaccharides. After 15 days, the mice that received bacteria from the lean twin reportedly stayed lean while the mice that received bacteria from the obese twin gained weight and fat in addition to developing signs of insulin resistance.…
William Dietz, the former director of the Division of Nutrition, Physical Activity and Obesity at the Centers for Disease Control and Prevention (CDC), has authored a September 2013 commentary in the journal Health Affairs, urging the “mobilization of parents as a political force to improve standards for food marketed to children.” William Dietz, “New Strategies to Improve Food Marketing to Children,” Health Affairs, September 2013. Recounting the past efforts of the Federal Trade Commission and other government agencies to curb food marketing to children, Dietz argues that these initiatives “have had a modest but positive impact” on the media landscape but have ultimately foundered in the face of industry opposition. “Because groups that support the needs of children will never have the same resources in the political arena as those of the industries that market to children, it is time to consider alternative strategies,” Dietz writes. In particular, he suggests that…
