A Case Western Reserve University School of Medicine researcher has called for the Food and Drug Administration (FDA) to change its trans fat labeling guidelines to reflect more accurate levels of the fat in foods. Eric Brandt, “Deception of Trans Fats on Food and Drug Administration Food Labels: A Proposed Revision to the Presentation of Trans Fats on Food Labels,” American Journal of Health Promotion, January/February 2011. Current FDA regulations allow trans fat content of less than .5 grams to be listed as 0 grams of fat on food labels. Brandt claims that the policy is misleading and “may result in people thinking they are consuming foods with no trans fats, when in fact they may be consuming food that cumulatively include trans fats in excess of 1 percent of total dietary consumption.” He recommends that trans fat content be labeled in .1-gram increments.

Trust for America’s Health (TFAH) and the Robert Wood Johnson Foundation have issued their eighth annual report, Ready or Not? Protecting the Public from Diseases, Disasters, and Bioterrorism, which warns that financial woes threaten recent gains made in public health protection. According to a December 14, 2010, TFAH press release, no state scored lower than five on 10 key indicators of public health preparedness, with three states scoring a perfect 10. But the report also cautioned that these developments are now “in real jeopardy due to severe budget cuts by federal, state, and local governments.” In particular, TFAH noted that “10 states do not have an electronic syndromic surveillance system that can report and exchange information to rapidly detect disease outbreaks,” while “21 states were not able to rapidly identify disease-causing E.coli O157:H7 and submit the lab results in 90 percent of cases within four days.” The report also identified “ongoing major…

WikiLeaks, which has made its reputation by placing otherwise unavailable documents on the Internet, has released a December 2010 cable from the U.S. Embassy in Paris in which the ambassador expresses concerns about European action on genetically modified (GM) crops. The cable calls for the preparation of a retaliation list of those countries opposing GM crops to “make clear that the current path has real costs to EU interests and could help strengthen European pro-biotech voices.” According to the cable, “the pro-biotech side in France— including within the farm union—have told us that retaliation is the only way to begin to turn this issue in France.” The cable notes that legislation currently pending before the French National Assembly and Senate “could make any biotech planting impossible in practical terms. The law would make farmers and seed companies legally liable for pollen drift and sets the stage for inordinately large cropping…

The Center for Science in the Public Interest (CSPI) has published a January 3, 2011, letter to Food and Drug Administration (FDA) Commissioner Margaret Hamburg that calls for health warnings on sugar-sweetened beverages. Signed by the American Public Health Association, California Center for Public Health Advocacy, Trust for America’s Health, and other groups, the letter asks FDA to require the use of warning labels on “all beverages with more than 1.1 grams of sugar, high-fructose corn syrup, or other added caloric sweeteners per ounce.” Building on a 2005 CSPI petition, the signatories specifically cite “overwhelming evidence linking consumption of soft drinks to serious diseases.” They recommend that the agency use its “ample legal authority” under the Federal Food, Drug, and Cosmetic Act to require warning labels such as (i) “The U.S. Government recommends that you drink fewer sugary drinks to prevent weight gain, tooth decay, heart disease and diabetes”; (ii)…

Having considered the matter for some six years, the General Court of the European Union (EU) has determined that chocolate makers Lindt & Sprüngli AG and August Storck AG cannot register certain three-dimensional shapes, their colored wrappings and ribbons as European Community trademarks. According to the court, chocolate rabbits, reindeer, bells, and mice “cannot be considered to be capable of identifying the commercial origin of the goods they designate.” The court opined that the Lindt & Sprüngli application involved shapes typical of those “presented at certain times of the year, in particular at Easter and Christmas.” The August Storck application was “made up of a combination of standard presentation elements, typical of the goods concerned,” said the court. See General Court of the European Union Press Release No. 124/10, December 17, 2010.

According to a news source, a small claims court in California has exonerated two seafood restaurant supervisors for alleged negligence in the case of the exploding escargot. More details about the case appear in Issue 373 of this Update. In a two-page ruling, the court apparently determined, “There was absolutely no evidence whatsoever on what caused the escargot to spontaneously splatter grease upon being touched by the plaintiffs. There was no evidence that Seafood Peddler did not exercise reasonable care in the preparation or service of the escargot.” The court also opined that diners should have a “reasonable expectation” of injury “due to hot grease in orders of escargot which are prepared and served with ‘hot garlic butter.’” Pleased with the ruling, the restaurant’s owner reportedly noted that orders for escargot have surged since news about the lawsuit became public. See Marin Independent Journal, December 15, 2010. The Third Circuit Court…

The Physicians Committee for Responsible Medicine (PCRM) has filed a lawsuit seeking a response to its petition calling for the withdrawal of the federal government’s “current MyPyramid food diagram and dietary guidelines” and the adoption of PCRM’s “Power Plate food diagram and dietary guidelines.” PCRM v. Vilsack, No. 11-00038 (D.D.C., filed January 5, 2011). Brought against the secretaries of the U.S. Department of Agriculture (USDA) and Department of Health and Human Services (HHS), the complaint for injunctive relief calls the agencies’ food diagram “ineffective and confusing” and alleges that it “fails to promote overall health and well-being.” PCRM contends that USDA and HHS have violated the Administrative Procedure Act by failing to respond to its petition in a “reasonable time.” PCRM’s “Power Plate” would eliminate all animal-derived products from the diet. A Florida resident has filed a putative class action against Phusion Projects, LLC, claiming that the company’s Four Loko® caffeinated alcoholic…

German officials have launched an investigation into an animal feed supplier that allegedly distributed a dioxin-tainted additive to 25 feed manufacturers, who in turn sold products to hundreds of poultry, pork and egg farms in Lower Saxony, North Rhine-Westphalia, Thuringia, Saxony, and Brandenburg. According to media sources, Uetersen-based Harles & Jentzsch GmbH made its additive from mixed fatty acids approved only for industrial use and obtained from a biodiesel company. The Federal Ministry for Food, Agriculture and Consumer Protection (BMELV) has since reported that some additive samples contained 77 times the approved limit for dioxin, an industrial byproduct allegedly linked to cancer, although the agency has not received any health notifications related to consumer products. The revelation has drawn international attention, with South Korea and Slovakia blocking German pork and poultry imports after 136,000 tainted eggs were sold to the Netherlands. As a precaution, BMELV has apparently halted sales at…

The U.K. Department for Business, Innovation and Skills has announced plans to relax regulations governing the sale of beer, wine and unwrapped bread loaves. Science Minister David Willetts apparently confirmed the government’s intention to scrap laws stipulating that unpackaged bread “weighing more than 300g must be made up in quantities of 400g or multiples of it.” He also indicated changes to the beer and wine laws, which currently state that pubs and other premises cannot sell wine “in measures less than 125ml while beer must be sold in thirds, halves or multiples of half-pints.” Under the new rules, these businesses will be able to sell wine in measures under 75ml; beer in “schooners” that are equal to two-thirds of a pint; and fortified wine in smaller sizes of 50ml and 70ml. “This is exactly the sort of unnecessary red tape the government wants to remove. No pub or restaurant should…

The National Institute for Occupational Safety and Health (NIOSH) has announced the availability of a draft document that contains a toxicological assessment of the potential health risks of occupational exposure to carbon nanotubes and nanofibers. The draft document also provides recommendations for the safe handling of these materials, which can be found in many applications, including food packaging. NIOSH will hold a public meeting on February 3, 2011, in Cincinnati, Ohio, to explore (i) “whether the hazard identification, risk estimation, and discussion of health effects for carbon nanotubes and nanofibers are a reasonable reflection of the current understanding of the evidence in the scientific literature”; (ii) “workplaces and occupations where exposure to carbon nanotubes and nanofibers occur”; (iii) “current strategies for controlling occupational exposure to carbon nanotubes and nanofibers (e.g., engineering controls, work practices, personal protective equipment”; (iv) “current exposure measurement methods and challenges in measuring workplace exposures to carbon nanotubes…

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