The Broadcasting Authority of Ireland (BAI) has announced a public consultation regarding draft commercial codes that would prohibit the advertising of foods high in fat, sugar and salt (HFSS) during TV programs where more than 50 percent of viewers are younger than age 18. According to a March 30, 2012, BAI press release, the consultation considers new drafts of the General Commercial Communications Code and Children’s Commercial Communications Code, the latter of which currently makes commercials, sponsorships and other product placements “of particular interest to children, or those broadcast during children’s program[s],… responsible in their messaging and portrayal of food and drink to those aged under 18.” Drafted after receiving more than 226 submissions from a previous consultation, the proposed codes would specifically regulate advertisements for HFSS products as well as adopt a “nutrient profiling model” “to assess the nutritional profile of food and non-alcoholic drink.” In particular, the draft…
The U.K. Food Standards Agency (FSA) has announced a moratorium on the production of “desinewed meat” (DSM) from cattle, sheep and goats after the European Commission decided “that DSM does not comply with European Union [EU] single market legislation.” Produced using “a low pressure technique” to remove meat from bone but retain the structural integrity of the muscle fibers, DSM reportedly resembles “minced meat” and “is regarded as meat” by FSA. Although the Commission evidently does not view DSM as a health concern, it reportedly threatened to ban U.K. meat exports unless FSA issued a moratorium and reworked legislation to comply with the EU definition of “mechanically separated meat” (MSM), that is, “the product obtained by removing meat from flesh bearing bones after boning or from poultry carcasses, using mechanical means resulting in the loss or modification of the muscle fibre structure.” Meanwhile, the British Meat Processors’ Association (BMPA) has…
The U.S. Department of Agriculture (USDA) recently announced the expansion of its Quality Monitoring Program to include extra virgin and organic extra virgin olive oil. According to an April 3, 2012, post on the USDA blog, the program hopes to address questions raised in the last few years about olive oil quality and provide consumers with assurance that the products they purchase meet grade standards. Under the program, which already evaluates other commodities such as canned, frozen and fresh fruits and vegetables, the Agricultural Marketing Service will verify “olive oil quality and purity using criteria based on the U.S. grade standards . . . and international criteria,” as well as conduct “unannounced plant visits to review product processes, quality assurance measures, and recordkeeping systems.” Products from the first program participant, Baltimore-based Pompeian, Inc., have reportedly met “chemical testing and flavor analysis requirements” and the company has agreed to additional site inspections.
U.S. Representative Chellie Pingree (D-Maine) has reportedly introduced legislation that would require manufacturers to label products containing lean finely textured beef (LFTB) trimmings. Dubbed the “Requiring Easy and Accurate Labeling” or REAL Beef Act, the proposal would mandate such labels “at the final point of sale” to inform consumers that they are purchasing what Pingree described in a March 30, 2012, press release as “pink slime.” Citing an online petition calling for an end to LFTB in school lunches, Pingree argued that consumers “have made it pretty clear they don’t want this stuff in their food. If a product contains connective tissue and beef scraps and has been treated with ammonia, you ought to be able to know that when you pick it up in the grocery store.” Meanwhile, the U.S. Department of Agriculture (USDA) has apparently agreed to grant manufacturers’ requests to voluntarily label LFTB trimmings in their products.…
Researchers from Jackson State University in Mississippi have reportedly developed a rapid test for detecting Salmonella on food that uses popcorn-shaped gold nanoparticles. Presented March 27, 2012, at the 243rd National Meeting and Exposition of the American Chemical Society (ACS), the application relies on antibodies attached to gold nanoparticles that then transfer to Salmonella bacteria if present, in the process changing color from pink to blue. “The test for lettuce requires just a tiny sample of lettuce leaf,” explained lead researcher Paresh Ray. “It doesn’t take a trained laboratory technician to perform the test or read the results. If the color changes from pinkish to bluish, that signals the presence of Salmonella. The test is suitable for use in farm fields and in remote areas of the developing world. We believe it may have enormous potential for rapid, on site pathogen detection to avoid the distribution of contaminated foods.” Although they…
A March 27, 2012, “Great Speculations” column on Forbes.com draws parallels between carbonated soft drink (CSD) companies and the tobacco industry, claiming that a recent decline in CSD consumption in the United States has created a competitive market environment similar to that faced by cigarette manufacturers. Authored by contributors from Trefis.com, an investment and market research tool, the article notes that decreased CSD sales volume has prompted soft drink manufacturers to adopt strategies allegedly used by tobacco companies, such as raising product prices, promoting alternatives like energy drinks and juices, and arguing against taxation. “Part of the reason why these industries attract high taxation is because the fiscal deficit of the government is in a mess and imposing taxes n hese industries ensures higher revenue collection in the name of political mileage,” concludes the article. “Cola companies won’t hesitate to ncrease the prices periodically (although certainly not as aggressively as…
The U.K. Department of Health has announced a new “Public Health Responsibility Deal” signed by 17 major food and beverage companies that have agreed to cap calories in their products. According to a March 24, 2012, department press release, the pledge aims “to cut five billion calories from the nation’s diet” by asking signatories to actively promote lower-calorie options and to offer additional reduced-calorie items. The companies supporting the initiative include chain restaurants, retailers and manufacturers such as Coca-Cola Great Britain and Mars, Inc. “We all have a role to play – from individuals to public, private and nongovernmental organizations – if we are going to cut five billion calories from our national diet. It is an ambitious challenge but the Responsibility Deal has made a great start,” said Health Secretary Andrew Lansley. “This pledge is just the start of what must be a bigger, broader commitment from the food…
The Office of the U.S. Trade Representative (USTR) has appealed a ruling made by a World Trade Organization (WTO) panel against the United States in a dispute with Mexico and Canada over country-of-origin labeling (COOL) laws for beef and pork products. Responding to complaints filed by Canada and Mexico, WTO’s Dispute Settlement Panel ruled in November 2011 that although the United States has the right to require COOL regulations, specific requirements enacted in 2008 such as those calling for segregation of imported livestock before processing provide less favorable treatment to Canadian and Mexican livestock. The ruling was covered in Issue 419 of this Update. According to the appeal, USTR found several errors in the panel’s ruling and contends, among other issues, that its COOL labeling does not impose unfavorable treatment of imported products because it “requires meat derived from both imported and domestic livestock to be labeled under the exact…
The Seventh Circuit Court of Appeals has reversed in part a district court dismissal of claims that being fed nutriloaf in a county jail subjected an inmate to cruel and unusual punishment in violation of his Eighth Amendment rights. Prude v. Clarke, No. 11-2811 (7th Cir., decided March 27, 2012). The plaintiff was apparently serving time in a state prison facility but was transferred to and stayed in a county jail on several occasions during court proceedings on his post-conviction petition. He was fed only “nutriloaf,” “a bad-tasting food given to prisoners as a form of punishment” and, during his third stay at the county facility began vomiting and experiencing stomach pains and constipation. He ultimately lost 8.3 percent of his weight. According to the court, “[t]he defendants’ response to his suit has been contumacious, and we are surprised that the district judge did not impose sanctions. The defendants ignored…
A federal court in Tennessee has dismissed the two remaining claims in antitrust litigation filed by certain retail processed milk sellers against Dean Foods Co. and the Dairy Farmers of America, Inc. In re: Se. Milk Antitrust Litig., No. 08-1000 (E.D. Tenn., decided March 27, 2012) (ruling applies to Food Lion, LLC v. Dean Foods Co., No. 07-188). At issue were claims for violation of sections 1 and 2 of the Sherman Act (agreement not to compete and conspiracy to monopolize). The court found that the plaintiffs’ expert failed to “create a material issue of fact on the question of whether the price increases were ‘by reason of’ an illegal conspiracy in violation of the antitrust laws and Plaintiffs do not allege an injury of the kind which the antitrust laws are designed to prevent.” Because the plaintiffs were unable to establish antitrust injury, the court determined that the defendants…
