A coalition of U.K. dairy groups, including Dairy UK, the National Farmers Union and British Cheese Board, has published an August 1, 2013, letter in The Daily Telegraph, urging the European Commission (EC) to tighten regulations governing country-of-origin labeling (COOL). Stating that current regulations permit imported dairy products to be stamped with “UK marks,” the coalition has requested that only dairy products made in “this country, from milk produced by Britain’s dairy farmers should be labeled as British.” “Unlike other food products . . . country of origin labeling is not mandatory on dairy products and we think that it should be,” said a spokesperson for the coalition. “Many consumers want to buy British dairy products and support British dairy farmers. The current labeling arrangements don’t ensure that they have the information to be able to do that.” According to news sources, of particular concern to the coalition are dairy…
National and local health groups have sent an August 1, 2013, letter to U.S. Department of Agriculture (USDA) Secretary Tom Vilsack, urging the agency to allow demonstration projects “designed to promote healthier food and beverage purchases” under the Supplemental Nutrition Assistance Program (SNAP). Organizations such as the American Heart Association, American Medical Association and Center for Science in the Public Interest (CSPI) have asked USDA to approve SNAP pilot projects as part of an effort to provide the agency and Congress with the data needed “to make an informed decision concerning ways to improve the nutritional quality of purchases through the SNAP program.” According to a concurrent CSPI press release, these projects “might include curbs on purchases of soda and other sugar drinks or unhealthful foods.” “Most Americans’ diets, including the diets of low-income folks served by SNAP, are overflowing with soft drinks and woefully deficient in whole grains and…
The Institute of Medicine (IOM) has published an August 2013 report that seeks to provide guidance to federal, state and local groups “for systematic and routine planning, implementation, and evaluation of the advancement of obesity prevention efforts.” Titled Evaluating Obesity Prevention Efforts: A Plan for Measuring Progress, the latest effort complements the specific goals and strategies outlined in a 2012 report funded by the Michael & Susan Dell Foundation as part of IOM’s Weight of the NationTM campaign. To this end, it offers frameworks for national, state and community-level obesity evaluation plans that address “aspects of data collection and infrastructure systems, capacity for conducting evaluations, and feedback mechanisms for the data collected,” among other things. In particular, the report identifies 83 indicators for evaluation, including overarching indicators that “focus on obesity, overweight, and weight status for evaluating the combined effect of the full system of the goals and strategies outlined…
A recent study published in JAMA Internal Medicine has faulted the Food and Drug Administration’s (FDA’s) process for declaring food additives “generally recognized as safe” (GRAS), citing alleged financial conflicts of interest among those chosen by companies to verify the safety of new additives. Thomas Neltner, et al., “Conflicts of Interest in Approvals of Additives to Food Determined to Be Generally Recognized as Safe: Out of Balance,” JAMA Internal Medicine, August 2013. Led by Thomas Neltner, director of the Pew Health Group’s Food Additive Project, researchers used the Institute of Medicine’s conflict of interest criteria to analyze “451 GRAS notifications voluntarily submitted to FDA between 1997 and 2012.” In particular, they sought to determine (i) “the likelihood that a decision by an individual making a [GRAS] determination would be unduly influenced by the financial interests of a manufacturer of an additive,” and (ii) “the seriousness of possible harm if a GRAS…
According to news sources, French President François Hollande has said that the country will maintain its prohibition on growing genetically modified (GM) corn sold by Monsanto, despite a Council of State court ruling reversing the moratorium on the ground that it had little legal basis. The ban on MON810 corn has been in effect in France since February 2008 and was extended in 2012. The July 29, 2013, court ruling was the second to overturn the ban—the first ruling, in 2011, was also ignored by former President Nicolas Sarkozy. While Monsanto was not a party, it said in response to the verdict, “The decision by the Conseil d’État is welcome support for a science- and evidence-based approach to GM crop policy in France and the EU. The decision confirms that farmers throughout the EU should have the right to use seeds that European authorities have approved for use throughout the…
New York City has filed an appeal from an intermediate appellate court ruling finding that the city Board of Health exceeded its authority by adopting a regulation restricting the size of sugar-sweetened soft drinks sold in certain venues. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. NYC Dep’t of Health & Mental Hygiene, No. ___ (N.Y., appeal filed August 2, 2013). Details about the intermediate appellate court decision appear in Issue 492 of this Update. According to the city’s motion for leave to appeal, the Court of Appeals erred in (i) applying separation-of-powers doctrine to a local administrative agency; the city argues that municipalities determine their governmental structure and often create bodies with overlapping powers; (ii) ruling that the Board of Health lacks legislative powers when it derives its authority from charters explicitly recognizing those powers, and case law has defined the board as “the sole legislative authority within the City…
The Center for Food Safety has filed its reply to the Food and Drug Administration’s (FDA’s) request that a federal court in California reconsider the Food Safety Modernization Act implementation rulemaking deadlines it established for the agency. Ctr. for Food Safety v. Hamburg, No. 12-4529 (N.D. Cal., filed August 2, 2013). Additional information about FDA’s motion appears in Issue 492 of this Update. While the center argues that FDA is attempting to re-litigate issues the court has already decided, it does not oppose a one-time, 60-day deadline extension for the food transportation rule. Meanwhile, FDA has issued notices extending until November 15, 2013, the comment periods on its proposed “Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food” and “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption.” According to FDA, the extension will allow stakeholders to consider the interrelationships between…
A federal court in California has determined that EAS Consulting Group LLC and one of its employees, a former acting director in the Food and Drug Administration’s Office of Food Labeling, must be barred from discussing issues with plaintiffs’ counsel in litigation against Chobani, Inc. and are disqualified as experts in the case, finding that the regulatory consulting company improperly agreed to consult with plaintiffs’ counsel in consumer fraud litigation against food companies after discussing confidential litigation strategy and issues with Chobani’s defense counsel. Kane v. Chobani, Inc., No. 12-2425 (N.D. Cal, San Jose Div., order entered August 2, 2013). Details about the litigation appear in Issue 491 of this Update. So ruling, the court denied Chobani’s request to disqualify plaintiffs’ counsel unless they communicate further with EAS about the issues in this putative class action without a waiver from Chobani. According to the court, while confidential information about the…
A federal court in Washington has dismissed without prejudice a number of claims in a putative class action alleging that the producer and seller of a vitamin water product misled consumers by failing to disclose that the product contains caffeine or its relative amount and falsely represents that the product is a “natural tonic” and contains “natural caffeine.” Maple v. Costco Wholesale Corp., No. 12-5166 (E.D. Wash., order entered August 1, 2013). While the court determined that the plaintiff had standing by rejecting Costco’s contention that the labeling on one product unit was not visible through the packaging encasing the variety packs in which it is sold, it found that federal law preempts claims that the defendants were required to disclose the presence of caffeine or state its relative amount in the drink. Among the claims that the court dismissed for insufficient pleading were (i) violation of the state’s consumer…
A federal court in California has dismissed with prejudice the breach of warranty claims made by a putative class as to purportedly “misbranded food products” sold by 7-Eleven, but dismissed the remaining consumer fraud claims without prejudice to allow the plaintiff to amend the complaint to meet the stringent pleading requirements for fraud-based allegations. Bishop v. 7-Eleven, Inc., No. 12-2621 (N.D. Cal., order entered August 5, 2013). While the plaintiff defined “misbranded food products” as pertaining to potato chips, pretzels and other foods labeled “0 grams Trans Fat,” “No Cholesterol,” “All Natural,” “Fresh to Go,” “guaranteed fresh,” or “Fresh,” as well as products “sold in oversized slack filled container,” the court determined that he failed to “provide a clear and particular account of the allegedly fraudulent, deceptive, misrepresentative, or otherwise unlawful statements” and failed to “unambiguously specify the particular products that have violated particular labeling requirements, the allegedly unlawful representations that…
