The U.K.’s Advertising Standards Authority (ASA) has determined that a series of tweets from Rio Ferdinand and Katie Price that culminated in messages specifically referencing and showing a photo of these personalities with Snickers® bars did not violate the U.K. Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (Code). The initial tweets did not contain any indication that they were sponsored by Mars Chocolate UK Ltd. The final tweets, with the Snickers® content, included “#spon” to indicate they were sponsored and the “strap line ‘you’re not you when you’re hungry.’” According to Mars, the strap line was intended to tie into the earlier tweets, “because their content would not usually be associated with the celebrity tweeters.” The company also indicated that it believed only the final tweets were marketing communications and that the earlier tweets did not require identification as marketing communications. In the alternative, the company explained that “the…
The U.K.’s Advertising Standards Authority (ASA) has censured Kellogg Marketing and Sales Co. (UK), Ltd. for falsely claiming on its website, in relation to promotions for children’s breakfast cereals, that “A panel of world health experts recently reviewed all the scientific evidence and concluded that a high sugar intake is not related to obesity, or the development of diseases such as heart disease, diabetes, high blood pressure or cancer.” ASA acknowledged that Kellogg’s had based the claim on “credible scientific evidence and review,” but noted that the company’s wording, without qualifiers, did not account for contrary evidence and “implied there was absolute certainty about the claims being made,” which is not the case. Because Kellogg’s had “referred in particular to a high sugar intake,” ASA concluded that the claim was misleading given the number of authoritative government cautions about limiting the quantity of sugary foods consumed. The company apparently assured…
The Council of the European Union (EU) has adopted a directive banning the use of added sugars in any fruit juices sold in Europe. According to a March 8, 2012, Council press release, the new directive “incorporates the current industry practice of not adding sugars to fruit juices” and will phase out “no added sugars” labeling after a transitional period, at the end of which “all fruit juices present on the market are not allowed to contain added sugars anymore.” The directive also addresses labeling for fruit nectars, which evidently cannot be made without added sweeteners; adds tomatoes “to the list of fruits used for fruit juice production”; and confirms that product names must indicate the fruits included in the juice. Expected to take effect by the beginning of June, the directive gives member states 18 months after enactment to transpose its provisions into national law. “The new rules will apply…
The U.N. Special Rapporteur on the Right to Food Olivier De Schutter recently presented a report before the U.N. Human Rights Council, calling for governments to enact five priority actions to curb malnourishment, micronutrient deficiency and obesity in populations worldwide. In particular, De Schutter has urged policy makers to consider (i) “taxing unhealthy products”; (ii) “regulating foods high in saturated fats, salt and sugar”; (iii) “cracking down on junk food advertising”; (iv) “overhauling misguided agricultural subsidies that can make certain ingredients cheaper than others”; and (v) “supporting local food production so that consumers have access to healthy, fresh and nutritious foods.” According to a March 6, 2012, press release, the independent expert told the council that in 2010 “U.S. companies spent $8.5 billion advertising food, candy and non-alcoholic beverages, while $44 million was budgeted for the U.S. government’s primary standing healthy eating program.” He also reportedly pointed to “the abundance…
The Food Safety and Inspection Service (FSIS) has issued policy guidance that provides criteria for federally inspected establishments to select commercial or private laboratories to analyze testing samples. Created for businesses that prepare meat, poultry or processed egg products, the document attempts to ensure that “microbiological testing performed on their behalf meets their food safety needs.” FSIS encourages federally regulated establishments, which are required to produce commercial products that are safe and not adulterated or misbranded, to select labs that provide accurate, reliable test results by maintaining Quality Control or Quality Assurance practices. The establishments may undergo microbiological testing for reasons such as “fulfilling regulatory requirements, supporting ongoing verification of HACCP [Hazard Analysis & Critical Control Points] plans, supporting decisions made in the establishment’s hazard analysis, evaluating the effectiveness of the establishment’s sanitation program, or complying with purchase specifications or requirements.” FSIS requests comments by May 7, 2012. See Federal Register,…
The Food and Drug Administration (FDA) has announced the availability of industry guidance concerning drugs for veterinary care. The guidance provides “recommendations on what documentation to submit to support the CMC [Chemistry, Manufacturing, and Controls] information for fermentation-derived intermediates, drug substances, and related drug products for veterinary medicinal use.” Noting that a variety of products are manufactured from fermentation processes, such as “competitive exclusion products” that consist of one or more microorganisms intended to prevent harmful bacteria like Salmonella from colonizing, FDA has requested comments on the guidance at any time. See Federal Register, March 8, 2012.
The Food and Drug Administration (FDA) has released industry guidance addressing the testing procedures for Salmonella species “in human foods and direct-human-contact animal foods.” Applicable to firms that manufacture, process, pack, or hold these products for distribution to consumers, institutions or food processors, the guidance also discusses the interpretation of test results when the presence of Salmonella “in the food may render the food injurious to human health.” The guidance excludes egg producers and others covered under different FDA food safety rules. The agency will accept comments at any time. See Federal Register, March 8, 2012.
The Food and Drug Administration issued a warning letter to BreathableFoods, Inc., which makes AeroShot Energy®, an “inhalable”caffeine product, on March 5, 2012. According to the agency, the AeroShot product is misbranded because it is labeled as intended for inhalation while the company’s Website indicates that the product is intended for ingestion. “Your labeling is false and misleading because your product cannot be intended for both inhalation and ingestion,” states the letter. FDA also notes that the product label fails to include a domestic address or phone number through which reports of serious adverse events associated with the product may be received. The letter further informs the company that FDA has “safety questions about the possible effects of your product.” FDA expresses concerns regarding “contradictory messages” about use of the product “in combination with alcohol. On the one hand, your website includes a posting of a news interview in which…
A recent study has reportedly suggested that some food animals, and chickens in particular, are “likely” reservoirs for the extraintestinal pathogenic E. coli (ExPEC) implicated in community-acquired urinary tract infections (UTIs) among humans. Catherine Racicot Bergeron, et al., “Chicken Reservoirs for Extraintestinal Pathogenic Escherichia coli in Humans, Canada,” Emerging Infectious Diseases, March 2012. According to the study, Canadian researchers compared ExPEC isolates from slaughtered chicken, pork and beef “with the preexisting geographically and temporally matched collection of isolates from humans with UTIs,” in order to determine “whether transmission was human to human through food or whether an animal source was involved.” “In the case of human-to-human transmission through food, E. coli strains from humans would be introduced during the meat preparation process by food handlers. In the case of an animal source, E. coli would derive from the cecal content of the animal itself, and contamination would occur during the slaughtering…
Several consumer organizations have called on President Barack Obama (D) to appeal a World Trade Organization (WTO) ruling that favored Canada and Mexico in a dispute over U.S. country-of-origin-labeling (COOL) requirements for beef and pork products. In their February 24, 2012, letter, Consumers Union, Food & Water Watch, Public Citizen, and the Consumer Federation of America contend that the WTO panel issued a “conflicted ruling” by affirming this country’s right to require COOL for meat products, but finding that specific requirements were less favorable to Canada and Mexico. Details about the WTO ruling appear in Issue 419 of this Update. According to the letter, COOL “is wildly popular in the U.S., as poll after poll show overwhelming support for labeling. Indeed, nations around the world are implementing variants of such laws.”
