The Institute of Medicine (IOM) has released the second of its two-phase report on front-of-package (FOP) rating systems and symbols for food products, advocating a “fundamental shift” in labeling strategy. While its first phase, released in October 2010, analyzed nutrition rating systems and the scientific research that underlies them, the new 231-page assessment examines consumers’ use and understanding of FOP systems. Details of the first phase were featured in Issue 368 of this Update. Concluding that “it is time for a move away from front-of-package systems that mostly provide nutrition information on foods or beverages but don’t give clear guidance about their healthfulness,” IOM recommends that the Food and Drug Administration allow only four items on any FOP system— calories, saturated and trans fat, sodium, and sugar. It suggests the agency develop, test and implement a single, standard point system from zero to three—designated by a simple icon like check…
The Food and Drug Administration (FDA) has announced changes to its bottled water quality standard “by establishing an allowable level for the chemical di(2-ethylhexyl)phthalate (DEHP).” Effective April 16, 2012, the final rule establishes “in § 165.110(b)(4)(iii)(C) (21 CFR 165.110(b)(4)(iii)(C)), which includes allowable levels for pesticides and other synthetic organic chemicals, an allowable level for DEHP at 0.006 mg/L.” It also requires manufacturers to monitor their products “for DEHP at least once each year under the current good manufacturing practice (CGMP) regulations” and to monitor their source water “as often as necessary, but at least once every year unless they meet the criteria for source water monitoring exemptions under the CGMP.” According to FDA, the amended rule brings bottled water standards in line with those set by the Environmental Protection Agency (EPA) for public drinking water. The two comments opposing the rule change evidently did not provide enough evidence to challenge…
Several consumer advocacy organizations have filed a complaint with the Federal Trade Commission (FTC) based on a report that “identifies, analyzes, and documents a set of digital marketing practices that pose particular threats to children and youth, especially when used to promote foods that are high in fat, sugars, and salt, which are known to contribute to child and adolescent obesity.” The complaint specifically targets PepsiCo and Frito-Lay, focusing on promotions for Doritos®. According to the complainants, “Frito-Lay has infiltrated the lives of teens by developing covert advertising campaigns centered on things teens love—video games, music, horror, sports, contests, and social networking.” They further contend that (i) “Frito-Lay disguises its marketing campaigns as entertaining video games, concerts, and other immersive forms of entertainment, thus making it more difficult for teens to recognize them as marketing and to be skeptical about the messages they present”; (ii) “Frito-Lay claims to protect teens’…
The U.S. Senate has reportedly adopted an amendment to the Fiscal Year 2012 Senate Agriculture Appropriations bill that would prevent the U.S. Department of Agriculture (USDA) from reducing the amount of potatoes and other starches in school meals. According to Senator Susan Collins (R-Maine), who authored the bipartisan measure, USDA earlier this year “proposed a rule that would limit servings of a certain category of vegetables that includes white potatoes, green peas, lima beans, and corn, to a total of one-cup per week in the National School Lunch Program,” while also prohibiting “this category of vegetables from the School Breakfast Program altogether.” The amendment blocks USDA from eliminating these vegetables but keeps the requirement “that school meals be consistent with the most recent Dietary Guidelines for Americans.” As a result, USDA and schools will reportedly retain the flexibility to regulate cooking methods and make “reasonable and suitable substitutions among affordable fresh…
Alaska’s U.S. Senators Mark Begich (D) and Lisa Murkowski (R) have introduced two new bills as part of their ongoing campaign to prevent the federal government from allowing the sale of genetically engineered (GE) salmon. Information about related legislative proposals they sponsored in January 2011 appears in Issue 380 of this Update. One new proposal (S. 1717) would make it unlawful for anyone to “ship, transport, offer for sale, sell, or purchase genetically altered salmon or other marine fish, or a product containing genetically altered salmon or other marine fish, in interstate or foreign commerce.” The other proposal (S.A. 751), offered as an amendment to a House appropriations bill (H.R. 2112), would preclude the Food and Drug Administration (FDA) from spending any funds to approve an application for the approval of GE fish. One such application is pending before the agency. According to Begich, “There is just too much at…
The Institute of Medicine’s (IOM’s) Food and Nutrition Board has announced an October 20, 2011, public workshop in Washington, D.C., titled “Alliances for Obesity Prevention: Finding Common Ground.” Funded by the Robert Wood Johnson Foundation and hosted by IOM’s Standing Committee on Childhood Obesity, the event will include discussion of ways to engender dialogue and develop new alliances among obesity-prevention allies. Speakers will include Susan Linn of Campaign for a Commercial-Free Childhood.
The Cornucopia Institute has published a report titled “Cereal Crimes: How ‘Natural’ Claims Deceive Consumers and Undermine the Organic Label—A Look Down the Cereal and Granola Aisle.” Noting that, with one exception, no government agency has defined what the term “natural” means on food packages, the organization explains how companies that make cereal products exploit consumer confusion over the difference between “organic” and “natural” products, charging a premium for “natural” products that actually contain ingredients containing pesticides or ingredients grown and processed with genetically engineered (GE) organisms. The report, accompanied by an “online scorecard with nearly 50 cereal and granola brands, available on the Cornucopia website,” (i) details current legal requirements that distinguish organic from “natural” claims; (ii) discusses individual company definitions of “natural” to demonstrate “how vastly different they can be”; (iii) summarizes the results of consumer polling showing that many “erroneously believe that the ‘natural’ label has merit,…
Granting the defendants’ motion to dismiss in part, a federal court in New York has allowed further proceedings on most of the claims filed by a man who alleged that consuming one to two cans of tuna daily for more than two years caused his mercury poisoning. Porrazzo v. Bumble Bee Foods, LLC, No. 10-4367 (S.D.N.Y., decided September 30, 2011). So ruling, the court agreed with the Third Circuit Court of Appeals that the Food and Drug Administration’s failure to adopt a regulation on the alleged risks of mercury in fish or warnings about that risk does not preclude the states from imposing a duty to warn. Additional information about that case appears in Issue 272 of this Update. According to his complaint, the plaintiff purchased and consumed 10 six-ounce cans of tuna fish each week from January 2006 to October 2008, at a time when the manufacturing defendant “promoted…
A federal court in Illinois has determined that a plaintiff claiming that he would not have paid a premium for a product advertised as “heart healthy,” “0 grams trans fat” and “wholesome” had he known it actually contained trans fats, has standing to pursue his false advertising claims under state law. Askin v. The Quaker Oats Co., No. 11-111 (N.D. Ill., decided October 12, 2011). Citing a recent Seventh Circuit decision in which the court found standing under similar circumstances, that is, an affirmative product representation and allegations that consumers paid more for the product than they would have had they known of its purported risks, the court ruled that alleged economic harm alone is redressable and confers standing. The court deferred ruling on the defendant’s argument that the named plaintiff in this putative class action cannot file a lawsuit under Illinois law because he is a resident of and purchased the…
The U.S. Judicial Panel on Multidistrict Litigation (JPML) has consolidated six actions questioning the “100% Natural” claims for Wesson oil products before a multidistrict litigation (MDL) court in California. In re: Wesson Oil Mktg. & Sales Practices Litig., MDL No. 2291 (JPML, transfer order filed October 13, 2011). The defendant requested the transfer, and while the California, Florida and New Jersey plaintiffs supported consolidation, they disagreed on the transferee district. According to the court, centralization “in the Central District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” The court found, “All actions contain similar allegations against ConAgra and share factual questions regarding the labeling and marketing of Wesson oils as ‘100% Natural’ when the oils purportedly contain genetically modified plants or organisms. Little litigation activity has occurred in the actions, which were all filed within the past…
