The Food and Drug Administration (FDA) recently published its second annual Reportable Food Registry (RFR) report summarizing information submitted by manufacturers, processors, packers and holders through the online Food Safety Portal from September 8, 2010, to September 7, 2011. Covering all human and animal food/feed regulated by FDA “except infant formula and dietary supplements,” RFR tracks “patterns of food and feed adulteration” to help FDA administer inspection resources more effectively. According to the report, FDA received 1,153 total entries in RFR’s second year compared with 2,600 in its first year, a difference which the agency ascribes to three major events in 2009-2010 that generated 1,284 subsequent records related to sulfites in prepared side dishes, Listeria monocytogenes in cheese spreads and Salmonella in hydrolyzed vegetable protein. Without these entries, FDA stated, the tallies for the first and second years would have differed by only 74 records. In particular, the second annual…
The U.S. Department of Agriculture (USDA) has issued a statement confirming that its Animal and Plant Health Inspection Service identified a case of bovine spongiform encephalopathy (BSE) in a dairy cow from central California. According to the April 24, 2012, news release, the cow presented with an atypical type of BSE “not generally associated with an animal consuming infected feed” and was never destined for human consumption. “The United States has had longstanding interlocking safeguards to protect human and animal health against BSE,” said USDA Chief Veterinary Officer John Clifford, adding that milk does not transmit BSE. “For public health, these measures include the USDA ban on specified risk materials, or SRMs, from the food supply. SRMs are parts of the animals that are most likely to contain the BSE agent if it is present in the animal. USDA also bans all nonambulatory (sometimes called ‘downer’) cattle from entering the…
Noting that higher crop yields and improved nutrition could be achieved with the application of nanotechnology, the Congressional Research Service (CRS) has issued its most recent report addressing topics that may affect the country’s ability to move nanotech from research laboratories to commercial products. Those topics include federal research and development investments under the National Nanotechnology Initiative; U.S. international competitiveness; environmental, health and safety issues; nanomanufacturing; and public attitudes toward, and understanding of, nanotechnology. According to the report, “widespread uncertainty” continues as to the potential environmental, health and safety implications of nanotechnology, and bringing nanotech products “into safe, reliable, effective, and affordable commercial-scale production in a factory environment may require the development of new and unique technologies, tools, instruments, measurement science, and standards for nanomanufacturing.” CRS also reports that more than 42 percent of Americans had never heard of nanotechnology as of 2007, while 6 percent indicated that they had…
A recent study attempting “to isolate the causal effect of junk food availability on children’s food consumption and body mass index (BMI)” has concluded that access to competitive foods in schools “does not significantly increase BMI or obesity among this fifth-grade cohort despite the increased likelihood of in-school junk food purchases.” Ashlesha Datar and Nancy Nicosia, “Junk Food in Schools and Childhood Obesity,” Journal of Policy Analysis and Management, Spring 2012. According to the researchers, who used data from the Early Childhood Longitudinal Study—Kindergarten Class as well as an instrumental variables (IV) approach leveraging “the well-documented fact that junk foods are significantly more prevalent in middle and high schools relative to elementary schools,” the results evidently revealed that where previous models had identified “any small positive associations” between junk food availability and obesity, those associations became insignificant “when controls for BMI at school entry and fixed state effects are added.”…
An April 17, 2012, New York Times article has drawn attention to two recent studies questioning the perception that poor urban neighborhoods are “food deserts” with little access to fresh produce, vegetables and other healthy options. According to Times science correspondent Gina Kolata, reports published in The American Journal of Preventive Medicine (February 2012) and Social Science and Medicine (March 2012) have concluded that such neighborhoods “not only have more fast food restaurants and convenience stores than more affluent ones, but more grocery stores, supermarkets and full-service restaurants, too.” “Maybe we should call it a food swamp rather than a desert,” said RAND Corporation Senior Economist Roland Strum, whose study matched height, weight, diet, and residential data from participants in the California Health Interview Survey with information about nearby food outlets. Meanwhile, the second report funded by the Public Policy Institute of California (PPIC) relied on a federal study of 8,000 children…
A New Mexico rancher has reportedly petitioned the U.S. Department of Agriculture (USDA) to operate the first horse slaughterhouse since the ban for such operations was lifted in November 2011. Since 2006, the federal government has essentially blocked horse slaughterhouses because Congress did not fund their legally required USDA inspections. Those inspections, however, were approved by lawmakers in last year’s agricultural spending bill. According to a news source, Rick De Los Santos, part-owner of Valley Meat Co. in Roswell, plans to slaughter 20 to 25 horses a day and export the meat to Mexico for human consumption. He asserts that more than 100,000 American horses are shipped to slaughterhouses in Mexico and Canada, with some of the meat exported to Europe and Asia. “Everyone who’s ever eaten tacos in Mexico, I guarantee you they’ve eaten horse meat down there,” De Los Santos said. “It would never be my intention to…
A California egg farmer has filed a lawsuit challenging the constitutionality of Proposition 2 (Prop. 2), a voter-approved ballot initiative that, beginning January 1, 2015, will subject egg producers to criminal sanctions for confining egg-laying hens to cages preventing them from “lying down, standing up, and fully extending . . . [their] limbs” and “turning around freely.” Cramer v. Brown, No. 12-03130 (C.D. Cal., filed April 10, 2012). Contending that Prop. 2 violates his due process rights because it is vague and will result in arbitrary enforcement, the plaintiff claims that he and others will likely shut down their farms before the effective date and that the price of eggs will skyrocket for state consumers and supply shortages will occur if it goes into effect. The plaintiff also alleges that Prop. 2 violates the Commerce Clause by failing to provide local benefits and greatly burdening interstate commerce. According to the…
California resident Tricia Ogden has filed a putative class action in federal court against Bumble Bee Foods, LLC, alleging that it misbrands its seafood products by claiming they “are an excellent and affordable source of protein, nutrients and Omega 3 fatty acids” and “Rich in Natural Omega-3.” Ogden v. Bumble Bee Foods, LLC, No. 12-01828 (N.D. Cal., filed April 12, 2012). The only injury apparently alleged is economic, i.e., “Plaintiff would have foregone purchasing Defendant’s products and bought other products readily available at a lower price,” and “Plaintiff would not have purchased Defendant’s Misbranded Food Products had he [sic] known they were not capable of being legally held or sold.” According to the complaint, such representations and labeling establish that the company’s products are drugs under federal law “because they are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease” and are sold without prior Food and…
According to the U.S. Equal Employment Opportunity Commission (EEOC), the owner and operator of a long-term residential treatment facility for chemically dependent women and their children has agreed to pay $125,000 to the estate of an employee allegedly terminated from her position because she was severely obese. EEOC v. Res. for Human Dev., Inc., No. 10-03322 (E.D. La., consent decree entered April 10, 2012). Additional information about the court decision denying the employer’s motions for summary judgment and recognizing obesity as a disability under the Americans with Disabilities Act (ADA) appears in Issue 421 of this Update. EEOC also indicated that under the consent decree, the employer will “provide annual training on federal disability law to all human resources personnel and corporate directors of RHD [Resources for Human Development] nationwide.” The agreement further requires the company to report to EEOC “for three years on all complaints of disability discrimination and…
A federal court in California has granted in part and denied in part the defendant’s motion to dismiss claims that its product labels, ads and Website representations for Muscle Milk® ready-to-drink beverages and snack bars violate state unfair competition and false advertising laws and the California Consumers Legal Remedies Act, and constitute fraud, negligent misrepresentation and unjust enrichment. Delacruz v. Cytosport, Inc., No. 11-3532 (N.D. Cal., decided April 11, 2012). While the court determined that the plaintiff has standing to pursue the putative class claims and that the claims are not preempted by federal law nor should be stayed under the primary jurisdiction doctrine, it found many of her claims insufficiently pleaded. According to the court, the only claim that survives the motion to dismiss alleges that the term “healthy fats” on the 14-ounce Muscle Milk® ready-to-drink label could constitute deceptive product labeling, because “[a] reasonable consumer would be likely…
