A federal court in California has dismissed some of the putative class claims filed against Twining North America, Inc., alleging that the company misled consumers by labeling its green tea products as a “natural source of antioxidants.” Lanovaz v. Twinings N. Am., Inc., No. 12-2646 (N.D. Cal., order entered February 25, 2013). Stricken with leave to amend are claims based on labels or products other than green tea because the named plaintiff alleged that she purchased green tea only. The court disagreed with the defendant that the state law-based claims were preempted, finding that by stating its tea is a “natural source of antioxidants,” the defendant made a nutrient content claim regulated by the Food and Drug Administration (FDA) and that the plaintiff was seeking to enforce state law identical to federal requirements. So ruling, the court cited an FDA warning letter sent to the company over its alleged “nutrient content…
In a 7–2 vote, lawmakers in Colorado have rejected a bill (H.B.1192) that would have defined “genetically engineered” and required a person selling, distributing or offering food for sale in Colorado to identify genetically engineered (GE) food with the following label: “This product contains genetically engineered material or was produced with genetically engineered material.” The bill was sponsored by Rep. Jeanne Labuda (D-Denver), who, according to a news source, says that consumers deserve to know more about how their food is produced and argues that food producers already have to label foods containing certain additives or allergens. Opponents of the bill, including many farmers and food retailers, reportedly claim that requiring labels for GE foods would significantly affect family farmers and increase the cost of food for all Colorado citizens. “Much of the dialogue surrounding this topic seems to be filled with fear and innuendo, as opposed to being well researched,…
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has withdrawn styrene as a potential addition to the list of substances known to the state to cause cancer by means of the Labor Code mechanism. In 2009, a state judge tentatively enjoined its listing after determining that no known evidence supported a finding that styrene is a carcinogen and that its designation as such would likely have a devastating effect on the industry. Widely used in food packaging, styrene plastics are apparently crucial to the transportation and sale of strawberries, raspberries and blueberries, state industries worth more than $1 billion. The court further ruled at the end of 2012 that OEHHA’s reliance on the International Agency for Research on Cancer’s conclusion that styrene is “possibly carcinogenic to human” was insufficient to justify its listing. OEHHA has not reportedly appealed the decision. See InsideEPA.com, February 21, 2013.
At the request of several stakeholders, including GMA and the California Chamber of Commerce, California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment period on its notice of intent to add bisphenol A (BPA) to the list of substances known to the state to cause reproductive toxicity. Submissions must now be filed by March 27, 2013. Inclusion on the Proposition 65 (Prop. 65) list would mean that warnings about BPA, which is used in water bottles and is present in epoxy resins used to line food cans, would have to be provided to consumers. OEHHA planned to rely on the authoritative bodies listing mechanism to add BPA to the list. In a related development, the agency has also extended the comment period for its proposal to establish a maximum allowable dose level (MADL) for BPA; submissions are requested by April 10. The proposed MADL would be…
California Assembly Member Ian Calderon (D-Whittier) has introduced a bill (A.B. 682) that “would prohibit chicken or turkey sold in any state-owned or state-leased building at food concessions and cafeterias from being ‘plumped’ in any way.” The legislation defines “plumped” poultry as any such product injected with “saltwater, chicken stock, seaweed extract, or some combination thereof… to increase its weight and price.” “The practice of ‘plumping’ chicken or turkey can increase the sodium content by up to 500 percent,” states the bill, which would take effect January 1, 2014, or upon the expiration of existing vending and concession contracts. “Fresh, natural chicken should have no more than 70 mg of sodium per four ounce serving, whereas plumped chicken can contain up to 400 mg sodium. The average household of four people, because of ‘plumping’ chicken or turkey, spends approximately $127 per year on saltwater.”
Proposed legislation (S.B. 622) in California would impose a 1-cent per fluid ounce tax on sugar-sweetened beverages to finance a Children’s Health Promotion Fund. Introduced by Sen. Bill Monning (D-Carmel), the measure would apply to all sugar-sweetened beverage distributors whether their products are bottled or sold as concentrate. Intended to “discourage the excessive consumption of sweetened beverages by increasing the price of these products,” the proposal would also create a fund “allocated for the purposes of statewide childhood obesity prevention activities and programs.” To this end, the Children’s Health Promotion Fund would support, among other things, state- and community-based efforts to reduce consumption of “calorie-dense, nutrient-poor foods” and improve access to “healthy, safe, and affordable foods and beverages.” “This bill will combat the obesity crisis and ensure that our children—and future generations of Californians—are not doomed to a shorter life expectancy and can instead live longer, healthier lives,” Monning was quoted…
The European Food Safety Authority (EFSA) will host a meeting on March 20, 2013, in Brussels to discuss the agency’s work in the area of endocrine active substances (EAS) and endocrine disruptors (ED). The EFSA Scientific Committee will present its opinion on “Hazard assessment of endocrine disruptors: scientific criteria for identification of endocrine disruptors and appropriateness of existing testing methods for assessing effects mediated by these substances on human health and the environment,” which was created in response to the European Commission’s September 2012 mandate to define scientific criteria for identifying ED and to review whether existing toxicity methods are appropriate to identify and characterize potential endocrine activity (effect on endocrine system) and/or endocrine disruption (leading to an adverse effect) in humans and the ecosystem.
The U.S. Department of Agriculture and the Food and Drug Administration have announced a March 12, 2013, public meeting in College Park, Maryland, to provide information and receive public comments on agenda items and draft U.S. positions for discussion at the 7th Session of the Codex Committee on Contaminants in Foods in Moscow on April 8–12, 2013. Agenda items include (i) proposed draft maximum levels for Deoxynivalenol in cereals and cereal-based products; (ii) proposed draft revisions of maximum levels for lead in selected commodities in the general standard for contaminants and toxins in food and feed; (iii) a proposed draft code of practice for preventing and reducing Ochratoxin A contamination in cocoa; and (iv) a discussion paper on the development of a code of practice for preventing and reducing arsenic contamination in rice. See Federal Register, February 27, 2013.
A recent study has purportedly found that soybean plants can uptake widely used industrial nanoparticles (NPs) from the soil, raising concerns about potential effects on the food chain and the next generation of crops. Jose Hernandez-Viezcas, et al., “In Situ Synchrotron X-ray Fluorescence Mapping and Speciation of CeO2 and ZnO Nanoparticles in Soil Cultivated Soybean (Glycine max),” ACS Nano, February 2013. Researchers apparently used microscopic synchrotron X-ray beams on soybean plants grown in soil contaminated with zinc oxide (ZnO) and cerium dioxide (CeO2) NPs to trace “the potential storage of these NPs or their biotransformed products in edible/reproductive organs of crop plants.” Although x-ray absorption spectroscopy studies evidently did not find intact ZnO NPs within the plant tissues, micro-X-ray absorption near end structure (µ-XANES) data did identify “O-bound Zn, in a form resembling Zn-citrate, which could be an important Zn complex in soybean grains.” The µ-XANES data also reportedly showed…
According to media sources, Monster Energy Corp. has announced plans to re-label its energy drinks as beverages regulated by the Food and Drug Administration (FDA) as opposed to dietary supplements. The company reportedly told industry publication Beverage Digest that it will update product labels to include “Nutritional Facts” rather than “Supplement Facts,” as well as information about the caffeine content. The change will purportedly take effect with the introduction of new products and packaging. “The Company saw no reason to continue being subjected to erroneous and misguided criticism that its Monster Energy drinks are being marketed as dietary substances to avoid FDA regulation,” read a statement that the corporation sent to ABC News. Monster Energy and other energy drink manufacturers have faced increased scrutiny and litigation over claims allegedly linking the products to fatalities in susceptible individuals. Additional details about ongoing investigations by FDA and members of Congress appear in…
