French Health Minister Xavier Bertrand has become the second cabinet member to publicly declare his support for legislation recently adopted by the National Assembly that would prohibit bisphenol A (BPA) in all food packaging as of January 1, 2014. According to an October 7, 2011, press statement issued by Bertrand, the bill—if passed by the Senate later this year—would also require packaging that contained BPA to bear warning labels directed at pregnant women and children younger than age 3. In particular, Bertrand cited a recent government report that highlighted the alleged risks associated with low-level exposure to BPA, rendering the “precautionary” bill “legitimate and even necessary.” The minister also called for an intermediary measure that would prohibit BPA in food containers designed for children younger than age 3 by 2013. “I have always said that if we had new evidence, we would assume responsibility,” Bertrand was quoted as saying. “With…
Health Canada recently announced new measures that would reclassify energy drinks as food instead of a natural health product (NHP), thus requiring each can to bear a nutritional facts table. According to an October 6, 2011, press release, the new rules would also direct energy drink manufacturers to (i) limit caffeine content to 180 milligrams per single serving; (ii) indicate caffeine amounts on product labels and identify groups, such as children, “for whom high levels of caffeine are not recommended”; (iii) declare ingredients, nutrition and allergens; (iv) ensure that “types and levels of vitamins and minerals are within safe levels”; and (v) warn consumers not to mix the product with alcohol. The proposed approach would bring energy drinks under the purview of the Canadian Food Inspection Agency, while compelling producers to report any consumer complaints to Health Canada as well as submit information about consumption and sales. The agency intends…
The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA) has issued a scientific opinion on the use of egg-derived lysozyme in wine manufacturing after the Oenological Products and Practices International Association (OENOPPIA) applied to permanently exempt the anti-microbial stabilizer from labeling requirements. According to NDA, which was tasked with assessing the likelihood of allergic reaction to lysozyme-treated wine, the additive is approved for use in some foods to control lactic acid bacteria but “must follow purity specifications set forth in European legislation.” Because it can evidently be used “at different stages of wine production and at different doses,” lysozyme was detected in some wines at residual amounts “considered sufficient to trigger allergic reactions in susceptible individuals.” OENOPPIA had apparently argued that lysozyme is not only “the weakest allergen among the four major egg white proteins,” but unlikely to cause a clinical reaction in egg-allergic individuals…
The European Commission (EC) recently released 12 legal proposals designed to update the Common Agricultural Policy (CAP) by 2013, a move which has apparently elicited a strong response from environmentalists over reforms meant to “strengthen the competitiveness and the sustainability of agriculture” throughout the region. According to the EC, the proposals would simplify CAP while addressing nine additional points, including (i) “better targeted income support,” (ii) more responsive and effective crisis management, (iii) “green” payments for “preserving long-term productivity,” (iv) additional investment in research and innovation, and (v) “a more competitive and balanced food chain.” For example, as The Guardian’s environmental blog explains, the CAP reforms would “move away from historical payments to a flat-rate payment scheme,” limit payments to the largest enterprises, and provide additional assistance to young and organic farmers. Yet the October 13, 2011, blog post also notes that the proposals have drawn swift criticism from organizations such…
The Food and Drug Administration (FDA) has submitted a proposed information collection to the Office of Management and Budget (OMB) to conduct an experimental study designed to evaluate the public’s risk perceptions after a foodborne-illness-related recall. Produce growers, food retailers and consumers will be asked to participate in the study “to help FDA better understand whether the magnitude and duration of the decline in commodity consumption following food recalls can be partly explained by grower and retailer speculations and projections about consumers’ attitudes.” Using a hypothetical fresh spinach recall, the study will test whether “‘attribution error’—the tendency people have of overestimating others’ negative response to situations compared to their own response”—contributes to unnecessarily prolonging the economic effects of a food recall. The study will involve 900 participants (180 growers, 180 retailers and 540 consumers) assigned to either an ‘‘anger’’ scenario, ‘‘fear’’ scenario or ‘‘control’’ scenario. After reading a news article…
The Food and Drug Administration (FDA), Centers for Disease Control and Prevention, Food Safety and Inspection Service (FSIS), Agricultural Research Service, and Center for Nutrition Policy and Promotion have announced a public meeting to discuss approaches to reduce sodium consumption. The November 10, 2011, public meeting in Silver Spring, Maryland, will provide a forum for the agencies to hear directly from interested parties and will help inform possible future regulation. Comments are requested by November 29. FDA and FSIS had previously requested “comments, data, and evidence relevant to the dietary intake of sodium as well as current and emerging approaches designed to promote sodium reduction.” Additional details about the open dockets on dietary sodium intake appear in Issue 409 of this Update. See Federal Register, October 12, 2011.
The Food and Drug Administration (FDA) has determined that text included in the preambles to three regulations adopted over the past 10 years and purporting to preempt state law “are not legally justified.” The agency reviewed all of its regulations in response to President Barack Obama’s (D) May 20, 2009, memorandum outlining the administration’s preemption policy. The three affected regulations involve labeling rules for prescription drugs, biological products and medical devices. FDA also clarified the preemption language in other regulations, including those on food labeling and specifically cited “74 FR 2443, January 15, 2009,” which proposed amending the labeling for yogurt products. According to the agency, the preamble, which discusses the rule’s “pre-emptive effect, in that it would preclude states from issuing any … requirements … that are not identical to those required by the final rule,” failed to “acknowledge the applicability limitation set forth in section 6 (c) (2)…
According to a news source, the Food and Drug Administration (FDA) is poised to prohibit the use of bisphenol A (BPA) in baby bottles and sippy cups in response to a petition filed by the American Chemistry Council. A council spokesperson apparently stated during an October 7, 2011, press briefing that while scientific data and government assessments have declared the chemical safe and U.S. manufacturers ceased making these products with the plasticizer in response to market demand, the council took the action because of “quite a bit of legislative activity around a product that doesn’t exist” and “[c]onfusion about these products has become an unnecessary distraction to consumers, legislators and state regulators.” An environmental advocate reportedly characterized the council’s petition as a “stunning reversal,” noting that the “industry spent millions this year fighting efforts in California and other states to ban BPA in baby bottles and sippy cups.” The Environmental…
The House Energy & Commerce Committee held a hearing on October 12, 2011, to consider “Food Marketing: Can ‘Voluntary’ Government Restrictions Improve Children’s Health?” Speaking for the committee, Chair Fred Upton (R-Mich.) concluded that an interagency working group tasked with developing standards for marketing food to children and teenagers had taken what appeared to be “a first step toward Uncle Sam planning our family meals.” Agency witnesses, such as Federal Trade Commission (FTC) Bureau of Consumer Protection Director David Vladeck, then testified that the proposed voluntary standards released in spring 2011 are undergoing “significant revisions” to allay the concerns of industry stakeholders. Among other matters, the FTC has determined that (i) “with the exception of certain in-school marketing activities, it is not necessary to encompass adolescents ages 12 to 17 within the scope of the covered marketing”; (ii) “philanthropic activities, charitable events, community programs, entertainment and sporting events, and theme parks…
U.S. Senators Mark Pryor (D-Ark.) and Benjamin Cardin (D-Md.) have introduced a bill (S. 1662) that focuses on the potential risks of products containing nanomaterials. The Nanotechnology Regulatory Science Act of 2011 would establish a Food and Drug Administration (FDA) program to conduct the scientific research needed to evaluate the health and safety of common nanotech products and develop safety practices for companies using the technology. The measure would authorize $48 million for the program over three years starting in fiscal year 2013; the lawmakers said the FDA laboratories and research facilities suited to conduct the studies are located in their states. The senators claim that more than 800 commercial uses of nanotechnology are currently known and more than 1,300 consumer nanotechnology products, including cell phones, MP3 players and food packaging, are available on the market. The National Science Foundation estimated in 2010 that new nanotechnology-based products would create 2…
