A California resident has filed a putative class action against Taco Bell Corp., alleging that the company violates consumer protection laws by mislabeling some of its beef products as containing seasoned beef “when in fact a substantial amount of the filling contains substances other than beef.” Obney v. Taco Bell Corp., No. 11-00101 (C.D. Cal., filed January 19, 2011). Seeking to certify a nationwide class of consumers and claiming that damages exceed $5 million, the plaintiff alleges violations of California’s Consumer Legal Remedies Act and unlawful business acts and practices, including misbranded food in violation of federal law. She also asks for declaratory and injunctive relief, a corrective advertising campaign, attorney’s fees, and costs. According to plaintiff’s counsel, testing has shown that “the taco meat filling is about 35 percent meat.” The complaint asserts that the company’s use of the term “seasoned beef” in the labeling and advertising of its beef…
A federal district court in New York has granted the motion for summary judgment filed by Snapple Beverage Corp. in a case alleging that the company misled consumers by labeling its teas and juice drinks as “All Natural” because the company’s beverages contain high-fructose corn syrup (HFCS). Weiner v. Snapple Beverage Corp., No. 07-8742 (S.D.N.Y., decided January 21, 2011). The court had previously denied plaintiffs’ motion for class certification but determined, despite that denial, that it could decide the merits of the summary judgment motion even though the lawsuit now failed to satisfy the requirements of original diversity jurisdiction. The defendant argued that the plaintiffs did not offer any evidence showing injury from Snapple’s “All Natural” labeling, and the court agreed. Analyzing each claim—violation of a state deceptive practices law, unjust enrichment, and breach of express and implied warranty—the court found that the plaintiffs failed to present reliable evidence that they…
The U.K. Department for Business Innovation and Skills has released the results of a Foresight project titled “The Future of Food and Farming: Challenges and choices for global sustainability,” which examines “the increasing pressures on the global food system between now and 2050.” Sponsored by the Department for Environment, Food and Rural Affairs and the Department for International Development, the report apparently relied on 400 experts from 35 countries to analyze five key challenges: (i) “Balancing future demand and supply sustainably”; (ii) “Ensuring that there is adequate stability in food prices”; (iii) “Achieving global access to food and ending hunger”; (iv) “Managing the contribution of the food system to the mitigation of climate change”; and (v) “Maintaining biodiversity and ecosystem services while feeding the world.” The report urges policy-makers “to consider the global food system from production to plate” and adopt “a broad view of food that goes beyond narrow…
The International Organization for Standardization (ISO) has finalized a new standard that apparently establishes parameters for monitoring the concentration, size and size-distribution of nanoscale particles in an inhalation chamber as part of an effort to assess their potential toxicity. ISO 10808-2010, titled “Nanotechnologies—Characterization of nanoparticles in inhalation exposure chambers for inhalation toxicity testing,” reportedly establishes a battery of tests that will help researchers learn about potential effects of nanoparticles on human health and the environment. ISO Technical Committee ISO/TC 229, Nanotechnologies, developed the standard, and its Chair Peter Hatto was quoted as saying, “Traditional methods used in other areas are considered insufficient for testing nanoparticles since parameters specific to them like particle surface area or number, might be crucial determinants of toxicity.” He called the test an “important asset to the industry.” See Nanowerk, January 26, 2011.
According to a press report, the World Health Organization (WHO) has announced that heads of state convening at the United Nations (U.N.), September 19-20, 2011, will use the U.N. General Assembly meeting to discuss restrictions on advertising foods of poor nutritional quality to children. WHO estimates that 43 million preschool children worldwide are overweight or obese, and some refer to the problem as a “fat tsunami,” responsible for millions of premature deaths annually. Norwegian Directorate of Health representative Bjorn-Inge Larsen reportedly indicated that he expects voluntary restrictions on junk food advertising to be adopted as laws that will ultimately ban the practice, similar to the way tobacco was addressed. See The Associated Press, January 21, 2011.
The Occupational Safety and Health Administration (OSHA) has revised its “National Emphasis Program (NEP) on Microwave Popcorn Processing Plants,” to add several diacetyl substitutes to its policies and procedures for minimizing or eliminating worker exposures “to the hazards associated with microwave popcorn manufacturing.” Effective January 18, 2011, the NEP now includes 2,3-pentanedione, 2,3-hexanedione, 2,3-heptanedione, and “all other related diacetyl substances that share the same alpha-diketone structure, as well as substitute diacetyl trimer and acetoin.” According to OSHA’s David Michaels, “Illnesses and deaths from these chemicals are preventable and this revised directive will help ensure that employers use necessary measures to protect workers from this hazard.” See OSHA Press Release, January 24, 2011.
The Food and Drug Administration (FDA) has issued the first annual report on its Reportable Food Registry (RFR) designed to prevent foodborne illness outbreaks. Summarizing 2,240 online food safety reports from the food industry and public health officials between September 2009 and September 2010, the report “is a measure of our success in receiving early warning problems with food and feed,” states FDA Deputy Commissioner for Foods Michael Taylor in the preface. Report findings apparently show that 37.6 percent of the reported food hazards were caused by Salmonella, 34.9 percent by “undeclared allergens/intolerances” and 14.4 percent by Listeria. The report highlighted “two particularly significant issues in multiple commodity groups that require attention”: (i) Salmonella found in such products as spices and seasonings, produce, animal feed and pet food, nuts and seeds; and (ii) allergens and intolerances in fare including baked goods, fruit and vegetable products, prepared foods, dairy, and candy.…
The Food and Drug Administration (FDA) has released a strategic plan that outlines the 2011-2015 goals and objectives of the National Antimicrobial Resistance Monitoring System (NARMS), which aims to protect “the health of Americans through safer food.” Calling the plan “a dynamic roadmap which outlines the program’s commitment to sustained food safety through monitoring and research,” FDA has requested comments by March 25, 2011. Established in 1996 by FDA, the Centers for Disease Control and Prevention and the U.S. Department of Agriculture in collaboration with state and local health departments, NARMS “monitors the susceptibility of enteric bacteria to antimicrobial agents of medical importance.” Its strategic goals are to (i) “develop, implement and optimize a shared database, with advanced data acquisition, analysis, and reporting tools”; (ii) “make sampling more representative and more applicable to trend analysis”; (iii) “strengthen collaborative research projects”; and “support international activities that promote food safety, especially those…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has issued an interim rule updating its highly pathogenic avian influenza (HPAI) requirements for importing birds, poultry and hatching eggs. Because APHIS’s previous restrictions applied only to the H5N1 subtype of avian influenza, the new rule extends its purview to include any HPAI subtype, thus barring poultry imports from any country where these subtypes “are considered to exist.” Effective January 24, 2011, the interim rule also prohibits the importation of live poultry and birds that “have been vaccinated for any H5 or H7 subtype,” as well as their hatching eggs, since these imports “may produce false positive test results … during the required 30-day quarantine.” In addition, APHIS has banned live poultry, birds and hatching eggs “that have moved through regions where any HPAI subtype exists.” APHIS has invited comments on the interim rule before March 25, 2011.…
In a decision that prompted the promise of an immediate legal challenge, the U.S. Department of Agriculture (USDA) has announced that it will grant nonregulated status to genetically engineered (GE) alfalfa. According to USDA Secretary Tom Vilsack, “After conducting a thorough and transparent examination of alfalfa through a multi-alternative environmental impact statement (EIS) and several public comment opportunities, APHIS [the Animal and Plant Health Inspection Service] has determined that Roundup Ready alfalfa is as safe as traditionally bred alfalfa.” The agency’s Record of Decision concludes that “alfalfa events J101 and J163 do not pose a greater plant pest risk than other conventional alfalfa varieties.” The House Agriculture Committee conducted a public forum January 20, 2011, to discuss matters relating to the USDA’s anticipated action on GE alfalfa’s deregulation. The agency had proposed several options, including partially deregulating GE alfalfa and establishing isolation distances and geographic limits on where the crop is…
