The California Environmental Protection Agency (CalEPA) has announced that “virtually all use of the pesticide chlorpyrifos in California will end” in 2020 “following an agreement between the Department of Pesticide Regulation (DPR) and pesticide manufacturers to withdraw their products.” The companies apparently agreed to end sales of chlorpyrifos by February 6, 2020, and growers will not be permitted to use or possess chlorpyrifos after December 31, 2020. Uses before that deadline “must comply with existing restrictions, including a ban on aerial spraying, quarter-mile buffer zones and limiting use to crop-pest combinations that lack alternatives.” “To ensure consistency for growers and for enforcement purposes, DPR is applying the terms and deadlines in the settlements to seven other companies that are not part of the settlement agreement but are subject to DPR’s cancellation orders,” CalEPA’s press release states.
The European Food Safety Authority (EFSA) has launched a public consultation on the risks associated with consuming aflatoxins, mycotoxins produced by two species of Aspergillus that “are known to be genotoxic (capable of damaging DNA) and carcinogenic.” Most human exposure to aflatoxins comes from contaminated grains and derived products, although they can also be found in milk, according to the notice. Comments will be accepted until November 15, 2019.
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) announced a number of developments in their work on organic food, poultry and food safety. FDA released an update on the implementation of the Food Safety Modernization Act (FSMA), announcing it will track outcomes for FSMA rules for inspections and recalls via the Food Safety Dashboard. One metric the agency will track is how quickly a company issues a public notice for a Class 1 recall for human and animal food. FDA has also released guidance on recall plans for its multipart guidance on “how to comply with the requirements for hazard analysis and risk-based preventive controls under our rule entitled ‘Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food.’” USDA updated the National Poultry Improvement Plan (NPIP) Program Standards to incorporate proposed changes published in April 2019, including the amendment of the testing…
The U.S. House of Representatives has passed the SAFE Banking Act, which allows financial-service firms to work with "cannabis-related legitimate businesses and service providers," providing protection from federal prosecution for banks in states that have legalized cannabis. The bill, introduced by Rep. Ed Perlmutter (D-Colo.), has been sent to the Senate. In its press release praising the bill's passage, the National Cannabis Industry Association introduced a plan calling for "cannabis products, like other highly regulated consumables, to be regulated by the government agencies that currently regulate most food and drugs, primarily the Food and Drug Administration (FDA) and the Alcohol and Tobacco Tax and Trade Bureau (TTB) within the U.S. Department of the Treasury." Under the plan, "cannabis products would be divided into four categories, based on chemical components, safety, intended use, and consumption method. Each of these groups would be regulated through a separate regulatory 'lane' tailored to the…
The U.S. Food and Drug Administration has released guidance on the use of "medically important antimicrobials" in "food-producing animals." The guidance describes a voluntary process that "will help ensure new animal drugs containing antimicrobials of human importance are administered only under veterinary oversight and only for therapeutic uses." The agency will accept comments on the guidance until December 24, 2019.
The Food and Agriculture Organization of the United Nations and the World Health Organization (WHO) have released a report on Shiga toxin-producing E. coli (STEC) and the foods that tend to host it. Researchers analyzed data from foodborne outbreak investigations globally, finding 957 outbreaks in 27 countries. The data identified that 16% of outbreaks were attributed to beef, 15% to produce and 6% to dairy, while the sources for 57% of the outbreaks could not be identified. "Prioritizing interventions for control on beef supply chains may provide the largest return on investment when implementing strategies for STEC control," the report recommended.
The U.S. Department of Justice (DOJ) has announced that two executives of a meatpacking plant pleaded guilty to selling 775,000 pounds of adulterated meat—"including whole cow hearts labeled as 'ground beef'"— for more than $1 million to the Federal Bureau of Prisons. The executives' company, West Texas Provisions, falsely marketed its products as inspected by the U.S. Department of Agriculture, according to DOJ; the company allegedly "kept the whole hearts offsite until inspectors left the premises, then processed the hearts on nights and weekends, when inspectors weren't working," and "[t]hey often kept the lights off inside the facility while processing the uninspected meat, hid uninspected meat in the freezer while inspectors were in the building, and distracted inspectors from looking at the product." The defendants face up to five years in prison.
A consumer has filed a putative class action alleging that the labels of Global Widget's products containing cannabidiol (CBD), including gummies, lollipops and syrup, do not identify an accurate amount of CBD in the products. Ahumada v. Global Widget LLC, No. 12005 (D. Mass., filed September 24, 2019). "Defendant makes numerous false and misleading claims on the front label of its CBD Products as well as on the retail website selling its CBD Products to illustrate and convey to consumers, the level of potency associated with benefits that consumers can expect to receive through their consumption. Specifically, Defendant misrepresents that the CBD Products have specific amounts of CBD when, in fact, the Products do not contain the amount of CBD as advertised and are instead grossly under-dosed," the plaintiff argues. "Defendant’s multiple and prominent systematic misrepresentations regarding the amount of CBD in the Products form a pattern of unlawful and…
A plaintiff's attorney firm has filed three putative class actions in New York federal court alleging that products marketed as "vanilla" are misleading consumers by implying that the products contain vanilla rather than vanilla flavoring. A lawsuit targeting Califia Farms' Vanilla and Unsweetened Vanilla varieties of almondmilk asserts that the "front labels represent that the vanilla (i) flavor is exclusively derived from the vanilla plant and (ii) present in an amount sufficient to independently characterize the Products" and alleges that the "representations are misleading because they do not reference flavors other than vanilla even though the ingredient lists reveal the Products contain 'Natural Flavor.'" Cicciarella v. Califia Farms, LLC, No. 19-8785 (S.D.N.Y., filed September 22, 2019). A similar lawsuit challenges Aldi Inc.'s Friendly Farm brand on similar grounds, alleging the almondmilk's vanilla varieties are misleading consumers. Parham v. Aldi Inc., No. 19-8975 (S.D.N.Y., filed September 26, 2019). A third complaint…
Researchers have published a review of studies evaluating the effects of "reducing red meat intake on clinically important outcomes" and purportedly showed that red meat may not have the carcinogenic effects that previous studies have found. Zeraatkar et al., "Effect of Lower Versus Higher Red Meat Intake on Cardiometabolic and Cancer Outcomes: A Systematic Review of Randomized Trials," Annals of Internal Med., October 1, 2019. The researchers only reviewed studies that met certain criteria, including randomized trials, and reportedly found evidence suggesting that "diets restricted in red meat may have little or no effect on major cardiometabolic outcomes and cancer mortality and incidence."
