A coalition of non-profit advocacy organizations has filed a complaint for declaratory and injunctive relief against the Food and Drug Administration (FDA), alleging that the agency has unreasonably delayed action on several of its petitions relating to the use of antibiotics in animal feed. Natural Res. Def. Council v. FDA, No. 11-3562 (S.D.N.Y., filed May 25, 2011). The plaintiffs seek orders compelling the agency to “withdraw approval for subtherapeutic uses of penicillin and tetracyclines, unless FDA’s findings are reversed in new administrative proceedings.” According to the complaint, while FDA determined in 1977 that these drugs” have not been shown to be safe,” it never withdrew its approvals for the drugs’ subtherapeutic uses. Contending that “misuse and overuse of antibiotics has given rise to a growing and dangerous trend of antibiotic resistance,” the coalition alleges that some of its organizations filed citizen petitions in 1999 and 2005 requesting that FDA “withdraw approvals…
An administrative law judge has apparently begun hearing a Federal Trade Commission (FTC) complaint alleging that POM Wonderful LLC makes false and unsubstantiated claims that its pomegranate juice products will prevent or treat “heart disease, prostate cancer, and erectile dysfunction.” According to a news source, the government opened its case by asserting that the studies on which the company relied do not support the marketing claims and that its executives “repeatedly ignored warning signs that the marketing didn’t match the science.” Food and beverage companies and advertisers are reportedly watching the dispute closely; if the agency prevails, the companies will have to support their advertising with more scientific evidence. POM contends that its product claims are supported by $35 million in research and that the company has “sponsored or participated in more than 90 scientific investigations with over 65 studies on POM products, including 17 clinical trials.” POM will also…
The Dutch Ministry of Social Affairs and Employment has issued guidance for employers and employees working with nanomaterials and nanoproducts. The guidance provides information about designing suitable control measures to limit exposures according to the current state of knowledge about nanomaterial safety. It also recommends ways of instructing employees about good work practices, potential risks and risk management measures when new nanomaterials are introduced into the workplace. See Nanowerk, May 24, 2011.
General practitioners (GPs) in the United Kingdom will reportedly receive payments each time they advise patients to lose weight and by maintaining lists of those who exceed weight guidelines. The GPs will apparently be able to offer free memberships in diet clubs, paid for by the National Health Service (NHS), as part of the new weight-control program. Critics are reportedly appalled that simply advising a patient to lose weight, without more, will increase GP incomes. They recommend that referrals to programs, such as Weight Watchers® and Slimming World®, would be more effective in addressing an obesity problem that is purportedly costing NHS more than £6 billion annually. See The Telegraph, May 22, 2011.
The Food and Drug Administration (FDA) is seeking public comment on a study examining labeling claims on whole-grain products. Titled “Experimental Study on Consumer Responses to Whole Grain Labeling Statements on Food Packages,” the study is part of the agency’s “continuing effort to enable consumers to make informed dietary choices and construct healthful diets,” according to FDA. The study will examine (i) “consumer judgments about a food product including its nutritional attributes, overall healthiness, and health benefits”; (ii) “consumer judgments about a label in terms of its credibility in conveying the product’s nutritional attributes and its helpfulness in making product purchasing decisions”; (iii) “consumer perceptions about differences between different statements, such as ‘Made with Whole Grain,’ ‘Contains Whole Grain,’ and ‘Whole Grain”; (iv) “consumer extrapolation of whole grain statements beyond the scope of the statements themselves (i.e. halo effects)”; and (v) “how whole grain statements influence consumer use of the…
The Food and Drug Administration (FDA) has announced a public meeting to discuss inspections and compliance provisions of the recently enacted Food Safety Modernization Act (FSMA). Set for June 6, 2011, in Silver Spring, Maryland, the meeting will allow stakeholders to comment on FSMA’s implementation strategies regarding (i) “enforcement authorities”; (ii) “frequency and targeting of facility inspections”; (iii) “manner of inspection in a preventive controls environment”; and (iv) “improving the reportable food registry (RFR).” The meeting will also be available through live webcast, and FDA encourages early registration. Details of FSMA were covered in Issue 376 of this Update. See Federal Register, May 26, 2011.
The Center for Science in the Public Interest (CSPI) has filed a citizen petition “requesting that the administrator of the Food Safety and Inspection Service (FSIS) . . . issue an interpretive rule declaring certain delineated strains of antibiotic-resistant [ABR] Salmonella, when found in ground meat and ground poultry, to be adulterants” under federal law. In re: CSPI Petition, No. __ (USDA FSIS, filed May 25, 2011). Noting that FSIS declared E. coli an adulterant in 1994, the petition contends, “Scientific and medical research demonstrates that contamination of meat and poultry by ABR strains of Salmonella poses grave public health dangers that are comparable to those posed by E. coli 0157:H7 in 1994.” According to the petition, several ABR strains in ground meat and poultry products have resulted in recalls, outbreaks and deaths. Seeking expedited review, CSPI claims that 36 documented outbreaks, causing thousands of illnesses and some deaths, were…
A recent study examining national salt-reduction strategies around the world has concluded that such programs are “likely to be one of the simplest and most cost-effective ways of improving public health.” Jacqueline Webster, et al., “Salt Reduction Initiatives Around the World,” Journal of Hypertension, June 2011. The study used existing reviews, literature and relevant websites to identify 32 national salt-reduction initiatives, finding that “the majority of the activity was in Europe.” Twenty-six of the 32 strategies “were led by government, five by nongovernment, and one by industry,” and some were “multifaceted including food reformulation, consumer awareness initiatives and labeling actions.” Of the countries identified as having a salt-reduction strategy, (i) 27 “had maximum population salt intake targets, ranging from 5 to 8 g/person per day,” (ii) 28 “had some baseline data on salt consumption and 18 had data on sodium levels in foods,” (iii) 28 “were working with the food…
An Advertising Age article discusses recent litigation filed by parents against Facebook® alleging that the social network has used names and/or likenesses of their children in product endorsements without obtaining parental consent. While no child younger than age 13 is supposed to be able to set up a Facebook® account, Consumer Reports estimates that some 7.5 million of these children have such accounts, with an additional 14.4 million users between ages 13 and 17. When they click a “like” button for a product, such as a food or beverage, no mechanism is apparently available to limit how the children’s images and preferences are then used for advertising purposes on the Internet. According to the article, a large part of the social network’s advertising strategy is to turn users’ “likes” into advertisements showing the users’ names and images. Legal experts are reportedly unsure whether this strategy is legal, even when adults’…
“Push a cart through … any supermarket anywhere in America, and you just might start believing in miracles—or at least in food miracles,” according to Natasha Singer writing in The New York Times about the latest trends in functional foods. “In aisle after aisle, wonders beckon. Foods and drinks to help your heart, lower your cholesterol, trim your tummy, coddle your colon. Toss them into your cart and you might feel better. Heck, you might even live longer.” Singer asks whether these products are actually healthy “or are some of them just hyped.” Noting that the functional food market increased by nearly $10 billion since 2005 to $37.3 billion in 2009, Singer reports that federal regulators and others are concerned about the accuracy of health marketing claims. The article quotes New York University Professor Marion Nestle, who contends, “Functional foods, they are not about health. They are about marketing.” As…
