A California court has issued a statement of decision in support of its July 2010 oral ruling vacating a judgment in favor of plaintiffs who alleged they had been rendered sterile from chemicals used on Nicaraguan banana plantations. Tellez v. Dole Food Co., Inc., No. BC 312852 (Cal. Super. Ct., Los Angeles Cty., statement filed March 11, 2011). According to the court, the plaintiffs’ attorneys “coached their clients to lie about working on banana farms, forged work certificates to create the appearance that their clients had worked on Dole contracted farms, and faked lab results to create the impression that their clients were sterile.” The court also stated that the attorneys “tampered with witnesses,” “threatened witnesses and took other actions to carry out the fraud.” The court held more than 20 hearings, presiding over a year-long evidentiary process, and “reviewed the sworn testimony of 27 protected witnesses describing the fraud at…
A federal court in California has dismissed as preempted state-law claims that Smart Balance falsely labeled and advertised its Nucoa® margarine product; the court also denied the plaintiff’s motion to certify a class. Yumul v. Smart Balance, Inc., No. 10-00927 (C.D. Cal., order entered March 14, 2011). Additional information about the complaint, which has twice been amended after previous rulings on motions to dismiss, appears in Issue 359 of this Update. The defendant argued in its response to the plaintiff’s motion for class certification that the claims were preempted by federal law and thus could not be certified. The plaintiff argued that the defendant had waived this defense by not asserting it in its previous motions to dismiss. According to the court, the defendant did not waive the defense, because it had been preserved in the company’s answer and because the company “is entitled to raise the defense any time prior…
The Institute of Medicine (IOM) has issued a report analyzing the Department of Health and Human Services’ (HHS) “Healthy People 2020” initiative aimed at improving the overall health of Americans over the coming decade. According to a March 15, 2011, IOM press release, HHS asked the institute to review and recommend “leading health indicators that could sharpen the focus of the agenda,” which seeks to “identify nationwide health improvement priorities; increase public awareness and understanding of determinants of health, disease, disability, and understanding of opportunities for progress; provide measurable objectives and goals applicable at national, state, and local levels; engage multiple sectors to take actions to strengthen policies and improve practices that are driven by the best available evidence and knowledge; and identify critical needs for research evaluation and data collection.” In the new report, IOM has updated and expanded on “10 leading health indicators that served as priorities for…
The Codex Committee on Methods of Analysis and Sampling has reportedly endorsed guidelines providing regulators and the dairy industry a standard reference for testing melamine in dairy products, including powdered infant formula. Developed by the International Dairy Federation (IDF) and the International Organization for Standardization (ISO) in the wake of a melamine contamination scandal in China that purportedly sickened thousands of young children, the guidelines represent an internationally harmonized procedure that will allow authorities to determine if levels of melamine in dairy products exceed the Codex maximum level of 1 mg melamine per kg of product. The Codex Alimentarius Commission will consider the committee’s endorsement and vote on the guidelines’ adoption in July 2011. The guidelines, titled “ISO/TS 15495 IDF/RM 230:2010, Milk, milk products and infant formulae—Guidelines for the quantitative determination of melamine and cyanuric acid by LC-MS/MS,” reportedly provide advice about sampling, test procedures and performance with examples of…
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued a final rule extending the use of methionine in organic poultry production until October 1, 2012. Effective March 15, 2011, the rule amends the National List of Allowed and Prohibited Substances according to the recommendations of the National Organic Standards Board (NOSB), which governs the use of synthetic and non-synthetic substances in organic processing and production. A dietary supplement, methionine “is classified as an essential amino acid because it cannot be biologically produced by poultry and is necessary to maintain vitality.” In 2009, the Methionine Task Force filed a petition requesting a five-year extension on the allowance for synthetic methionine, partly because wholly natural sources of the supplement are not available. NOSB ultimately recommended that, at first, “the amount of synthetic methionine per ton of feed be limited to 4 pounds for laying chickens, 5 pounds for broiler chickens,…
The Food and Drug Administration (FDA) has announced its first public meeting to discuss implementation of import safety provisions recently enacted by the Food Safety Modernization Act. Titled “FDA Food Safety Modernization Act: Title III—A New Paradigm for Importers,” the March 29, 2011, meeting in Silver Spring, Maryland, seeks stakeholder input to develop regulations and guidance “on importer verification, the Voluntary Qualified Importer Program, import certifications for food, and third-party accreditation.” FDA requests comments by April 29, 2011. See Federal Register, March 14, 2011. In a related matter, FDA has also announced a public hearing on the agency’s new initiatives for ensuring the safety of imported foods and animal feed to reduce food borne illness. The March 30-31 hearing in College Park, Maryland, will “provide stakeholders the opportunity to discuss FDA’s use of international comparability assessments as a mechanism to enhance the safety of imported foods and animal feed and lessons…
The Government Accountability Office (GAO) recently issued a report reviewing the activities of the Food Safety Working Group (FSWG), an advisory panel established by President Barack Obama (D) to recommend improvements to the U.S. food safety system. According to GAO, the working group has spurred the Food and Drug Administration, U.S. Department of Agriculture and other federal agencies to implement “steps designed to increase collaboration in some areas that cross regulatory jurisdictions––in particular, improving produce safety, reducing Salmonella contamination, and developing food safety performance measures.” The report concludes, however, that the FSWG did not develop “a government-wide performance plan for food safety that provides a comprehensive picture of the federal government’s food safety efforts.” GAO specifically faults the group for failing to include “results-oriented” goals, performance measures or “information about the resources that are needed to achieve its goals.” The March 2011 GAO report highlights “options to reduce fragmentation and overlap…
According to a news source, the Customs and Border Patrol will begin scanning shipping containers arriving in the United States from Japan for radiation, following the earthquake and tsunami that caused explosions at the country’s nuclear plants, releasing high levels of radiation into the atmosphere. The Food and Drug Administration (FDA) reportedly indicated that it is “closely monitoring the situation in Japan and is working with the Japanese government and other U.S. agencies to continue to ensure that imported food remains safe.” The agency “will be examining both food products labeled as having originated in Japan or having passed through Japan in transit.” Affected shipments are not expected until the week of March 21, 2011, so FDA is reportedly not concerned about imports already in U.S. ports. It is also believed that the earthquake and tsunami shut down fishing, harvesting and food processing operations in the region. According to an…
The Cornucopia Institute, a consumer watchdog and proponent of “family-scale farming,” has reportedly filed a complaint with the Federal Trade Commission (FTC), alleging that an Oregon-based cereal maker is misleading consumers with its “all natural” product claims. According to the institute, Hearthside Food Solutions, which makes Peace Cereal, labels its products as “natural” and then states on its website that “natural foods are foods without pesticides or artificial additives, as well as being minimally processed and preservative-free.” Noting that the federal government has not adopted a definition of or requirements for “natural” food products, the Cornucopia Institute alleges that by using conventionally grown food ingredients, Hearthside is selling products routinely sprayed with pesticides and herbicides. Peace Cereal was apparently certified organic in the past, but has not been since 2008. Yet, according to the Cornucopia Institute, stores in several states continue to carry “organic” signs on shelves containing nonorganic Peace…
Individual members of the U.K. Food and Drink Federation (FDF) have reportedly announced plans to reconfigure their packaging after recent studies showed mineral oils from recycled cardboard leaching into food items. According to a March 8, 2011, BBC News article, which cited government researchers in Switzerland, the chemicals are used in printing inks “and have been linked to inflammation of internal organs and cancers.” At least one study evidently demonstrated that mineral oils could pass “easily” through many of the inner linings used in recycled cardboard boxes, with only 30 out of 119 sampled products deemed free of mineral oil. “For the others they all exceeded the limit, and most exceeded it more than 10 times, and we calculated that in the long run they would probably exceed the limit 50 times on average and many will exceed it several hundred times,” one researcher was quoted as saying. As a…
