The Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS) have announced that they are seeking comments and scientific data to update a risk assessment on the relationship between foodborne Listeria in selected ready-to-eat (RTE) foods and human health. According to the agencies, the effort is designed to evaluate reduction or prevention strategies of Listeria exposure to RTE foods, such as “the impact of changing refrigerated time and temperature storage prior to consumption.” The agencies specifically request comments or data on areas including (i) Listeria “contamination in different RTE foods sampled at retail or in the processing plant,” (ii) Listeria “survival and growth dynamics in RTE foods,” (iii) “the relationship between the dose of Listeria monocytogenes ingested with food and the frequency of Listeria,” (iv) “current food consumption practices in the United States” relating to RTE foods, and (v) storage times and temperatures that may affect Listeria growth during…
The Food and Drug Administration (FDA) has launched a new “consumer-friendly” web portal detailing the latest recalls, market withdrawals and safety alerts for food and other products regulated by FDA. According to an April 4, 2011, press release, the new searchable database organizes all recall information since 2009 “by date, product brand name, product description, reason for the recall, and the recalling firm.” It also provides a link to news releases about each recall, as well as a photograph of the products in question. Designed with input from stakeholder groups such as the Center for Science in the Public Interest, Food Marketing Institute, Grocery Manufacturers Association, and Pew Health Group, the web portal answers to Food Safety Modernization Act (FSMA) requirements that FDA implement “a consumer-friendly recall search engine within 90 days after the law went into effect.” Under FSMA, the agency must also indicate whether it offered the opportunity…
The Food and Drug Administration (FDA) has issued its proposed menu-labeling rule for chain restaurants and calorie-labeling rule for food in vending machines. According to Department of Health and Human Services Secretary Kathleen Sebelius, “These proposals will ensure that consumers have more information when they make their own food choices. Giving consumers clear nutritional information makes it easier for them to choose healthier options that can help fight obesity and make us all healthier.” Comments on the proposals, which were mandated under the Affordable Care Act, must be submitted by June 6, 2011, for the menu-labeling rule and by July 5 for the vending machine rule. Excluded from the menu-labeling rule are “[m]ovie theaters, airplanes, bowling alleys, and other establishments whose primary purpose is not to sell food,” and FDA is requesting comments “on whether additional types of food establishments should or should not be covered by the new rule.”…
A recent study based on a 27,670 cohort enrolled in the European Prospective Investigation in Cancer and Nutrition has allegedly concluded that participants who limited their intake of meat and animal products reduced their risk for developing cataracts by as much as 40 percent. Paul Appleby, et al., “Diet, vegetarianism, and cataract risk,” American Journal of Clinical Nutrition, published online March 23, 2011. Dividing subjects into groups ranging from those with the highest meat consumption to those who avoided meat and animal products altogether, researchers evidently found “a strong relation between cataract risk and diet group, with a progressive decrease in risk of cataract in high meat eaters to low meat eaters, fish eaters (participants who ate fish but not meat), vegetarians, and vegans.” The results reportedly indicated that, compared with those who ate the most meat, vegetarians reduced their cataract risk by 30 percent and vegans by 40 percent.
A recent study led by the Breast Cancer Fund and Silent Spring Institute reportedly concluded that both bisphenol A (BPA) and bis(2-ethylhexyl) phthalate (DEHP) exposures “were substantially reduced when participants’ diets were restricted to food with limited packaging.” Ruthann Rudel, et al., “Food Packaging and Bisphenol A and Bis(2-ethylhexyl) Phthalate Exposure: Findings from a Dietary Intervention,” Environmental Health Perspectives, March 30, 2011. Researchers selected “20 participants in five families based on self-reported use of canned and packaged foods,” and then directed these subjects to eat “their usual diet, followed by three days of ‘fresh foods’ not canned or packaged in plastic,” before returning to their customary habits. The results of urinary samples taken over the eight-day experiment reportedly demonstrated a significant decrease in BPA and DEHP metabolites during the fresh foods intervention. According to the Silent Spring Institute, these findings allegedly “show that food packaging is the major source of…
Czech and U.S. brewers seeking to market their beers under the name “Bud,” have apparently been at odds since the early 1900s. In the latest installment of the dispute, the Court of Justice of the European Communities has set aside a decision of the Court of First Instance which allowed the Czech brewer to oppose Anheuser-Busch’s registration of “Bud” in Europe. Anheuser-Busch Inc. v. Budějovický Budvar, No. C 96-09 (E.C.J., decided March 29, 2011). While the Court of Justice upheld some of the lower court’s rulings, it determined that the lower court erred (i) in the factors it relied on to decide if a “sign,” or trademark, in opposition to a new registration was used in a sufficiently significant manner, and (ii) in holding that the use of the sign in opposition does not necessarily have to occur before the date of the application for new registration. According to the Court…
A company that sells a variety of seafood spreads has sued one of its packers, which allegedly added undeclared eggs to the company’s smoked salmon spread. Sau-Sea Foods, Inc. v. Lukas Foods, Inc., No. 11-00104 (D. Me., filed March 23, 2011). The plaintiff apparently learned about the problem after the Food and Drug Administration (FDA) inspected the defendant’s facility and discovered that eggs had been used in the spread, thus “posing a potential health hazard.” A recall was immediately undertaken and widely reported in the media. Thereafter, FDA allegedly informed the plaintiff that its salmon spread “posed an acute, life-threatening hazard to health” and designated the recall as Class I. Alleging breach of contract, breach of express and implied warranties, negligence, unjust enrichment, breach of implied contract, and negligent misrepresentation, Sau-Sea Foods seeks damages, interest, costs, and attorney’s fees. While the company alleges damages exceeding the $75,000 jurisdictional minimum, it…
Flying Dog Brewery has filed a lawsuit under the First Amendment, alleging that the Michigan Liquor Control Commission and its individual members violated its free speech rights by prohibiting the company from selling Raging Bitch Twentieth Anniversary Belgian-Style India Pale Ale. Flying Dog Brewery, LLP v. Mich. Liquor Control Comm’n, No. __ (W.D. Mich., filed March 25, 2011). According to the complaint, a British artist, who once worked with journalist Hunter S. Thompson, designed Flying Dog’s beer labels, including the one at issue. The defendants rejected Flying Dog’s application for a license to sell the pale ale in the state, allegedly finding “that the proposed label which includes the brand name ‘Raging Bitch’ contains such language deemed detrimental to the health, safety, or welfare of the general public.” Claiming loss of sales and goodwill, the plaintiff alleges that its label constitutes expression protected by the First Amendment and seeks preliminary and…
Hormel Foods, LLC has filed a complaint in a Minnesota federal court against a company that also makes a canned meat product, alleging that the company is infringing Hormel’s SPAM® trademark, which consists of yellow lettering on a blue background. Hormel Foods, LLC v. Zwanenberg Food Group (USA), Inc., No. __ (D. Minn., filed March 30, 2011). The defendant allegedly began selling its product in October 2010 in a can with yellow labeling on a blue background. When Hormel sent a cease and desist letter, the company allegedly switched to a new design, white on a red background. Thereafter, the defendant resumed using the yellow on blue background label for products shipped to the Philippines and Japan. According to the complaint, Hormel has produced 7 billion cans of SPAM® products, making the brand “a famous American icon. Its timelessness has earned it roles in films, a fan club and a…
A coalition of more than 50 trade organizations, seed businesses, farms, and farmers has filed a lawsuit in a federal court in New York, to stop Monsanto Co. from enforcing its genetically engineered (GE) seed patents against farmers whose fields become contaminated with the GE seeds. Organic Seed Growers & Trade Ass’n v. Monsanto Co., No. 11-2163 (S.D.N.Y., filed March 29, 2011). Among other matters, the plaintiffs claim that the seed patents are invalid, because “only technology with a beneficial societal use may be patented,” they violate “the prohibition against double patenting, each is anticipated or rendered obvious by prior art, and each fails to satisfy the requirements of written description, enablement and best mode.” The plaintiffs also allege that the patents are not infringed by farmers whose fields become contaminated with GE seeds, because the farmers do not intend to use them, “and Monsanto’s patent rights in transgenic seed exhaust…
