The Grocery Manufacturers Association (GMA) and Food Marketing Institute (FMI) have unveiled plans to create a front-of-package (FOP) labeling system that aims to “inform consumers and combat obesity.” According to an October 27, 2010, joint press release, the FOP system will display “important information on calories and other nutrients to limit . . . in a fact-based, simple and easy-to-use format.” The two industry groups have also pledged to consult stakeholders as they work to finalize the system and “provide consumers with information on nutrients needed to build a ‘nutrient-dense’ diet and on ‘shortfall nutrients’ that are under-consumed in the diets of most Americans.” The announcement followed the release of an Institute of Medicine report calling for FOP labels that highlight the nutrients of greatest concern to consumers—calories, saturated fats, trans fat, and sodium—as well as serving size. Co-sponsored by the Food and Drug Administration (FDA), the Phase 1 report…
According to a news source, a Brazilian judge has ordered McDonald’s Corp. to pay one of its former franchise managers US$17,500 because he gained 65 pounds over the 12 years he worked for the company. He reportedly claimed that he was required to sample all of the restaurant’s foods everyday to ensure their quality, and he consumed the free lunches that were offered to company employees. The 32-year old man apparently convinced the court that he had to sample the food because McDonald’s hired people to make unannounced visits to its restaurants to guarantee that food, cleanliness and service standards were maintained. See Product Liability Law360, October 28, 2010.
The United States has reportedly decided not to file an appeal from a World Trade Organization (WTO) ruling that its ban on Chinese poultry imports, imposed in 2004 upon fears of an avian flu outbreak, was illegal. According to a news source, this ends the trade dispute. While the legislative ban expired within five years, under current U.S. law, the U.S. Department of Agriculture cannot allow poultry imports unless the foreign country’s food safety procedures are deemed equivalent to those used in the United States. A 2009 appropriations bill included this provision despite lobbying by U.S. trade organizations against it. See FoodNavigator-USA.com, October 27, 2010. Meanwhile, WTO has apparently decided to open to the public the second hearing on a complaint filed by Canada and Mexico, challenging the U.S. promulgation of country-of-origin labeling for cattle and hog imports. The parties reportedly requested an open hearing, which will take place December…
Public Employees for Environmental Responsibility (PEER) has filed a complaint in federal court under the Freedom of Information Act (FOIA), seeking documents from the White House Office of Science and Technology Policy (OSTP) related to the development of policies to protect scientific integrity in federal agencies, such as the U.S. Department of Agriculture and the Food and Drug Administration. PEER v. OSTP, No. __ (D.D.C., filed October 19, 2010). According to the complaint, President Barack Obama (D) issued an executive order in March 2009, requiring the development of such rules by July. They have not yet been promulgated. OSTP Director John Holdren reportedly wrote online in June 2010 that the “process has been more laborious and time-consuming than expected,” and that an interagency panel has developed draft recommendations for OSTP and Office of Management and Budget review. Representatives from the latter two offices “have been honing a final set of recommendations”…
The Baltimore City Health Department has reportedly issued its first environmental citation for repeat violations of the city’s trans fat ban. According to an October 25, 2010, press release, the department fined Healthy Choice $100 after inspectors twice found the Lexington Market food vendor using “a margarine product with trans fat levels in excess of 0.5 grams per serving.” “Businesses can make it easier for people to live healthier lives by simply replacing the use of partially hydrogenated vegetable oil with a healthier alternative,” Baltimore’s health commissioner was quoted as saying. “While we are pleased with the high rates of compliance we’ve seen since the ban took effect, we will continue to sanction businesses that repeatedly fail to comply.” See City of Baltimore Health Department Press Release, October 25, 2010.
A California resident has filed a putative class action against the company that owns the Breyers ice cream brand, alleging violations of consumer protection laws because its 23 chocolate-flavored products are labeled “All Natural” but also contain cocoa processed with alkali. Denmon-Clark v. Conopco, Inc., No. 10-7898 (C.D. Cal., filed October 20, 2010). According to the complaint, “Breyers Ice Cream products containing alkalized cocoa are processed with potassium carbonate which is a recognized synthetic substance.” While acknowledging that the Food and Drug Administration (FDA) does not directly regulate the use of the term “natural,” the plaintiff alleges that the agency has a policy that defines “the outer boundaries of the use of that term” and clarifies that “a product is not natural if it contains color, artificial flavors, or synthetic substances.” The plaintiff alleges that FDA requires products made with an “alkalization” process to include the statement “Processed with alkali.” Breyers’ website…
According to a news source, an appellate lawyer in California has submitted an amicus brief to the Ninth Circuit Court of Appeals, claiming that the state’s ballot initiative process, adopted 99 years ago, was improperly voted into law. He has asked the court to certify the question to the California Supreme Court. This issue arose in a case involving the validity of Proposition 8, a voter-approved ballot measure that banned same-sex marriage. A federal district court ruled that Proposition 8 violates the U.S. Constitution. If the process that led to the adoption of Proposition 8 is ultimately overturned, it could call into question the validity of Proposition 65, which has required manufacturers and retailers to warn consumers if their products contain chemicals known to the state to cause cancer or reproductive harm. The state has been considering in recent months how to effectively apply the law to the food industry.…
A judge from the U.S. Court of International Trade, sitting by designation in a New York federal district court, has determined that the obesity-related claims filed in 2002 against McDonald’s Corp. cannot be pursued as a class action. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., decided October 27, 2010). Essentially, the court found that individual causation issues predominated over common ones and that, as to any common issues, the plaintiffs had failed to show that the putative class was sufficiently numerous for the court to certify an issues class. A spokesperson reportedly indicated that the company was pleased with the decision, stating, “As we have maintained throughout these proceedings, it is unfair to blame McDonald’s for this complex social problem.” Teenagers alleging obesity-related health problems claimed that they were misled by the fast food chain’s deceptive advertising into believing that the food could be consumed daily without any adverse health effects.…
Washington State Attorney General Robert McKenna has issued an October 25, 2010, letter to Food and Drug Administration (FDA) Commissioner Margaret Hamburg, alleging that a recent incident involving alcoholic energy drinks (AEDs) sent nine college students to emergency rooms with alcohol poisoning. According to the letter, “Once at the hospital, medical staff found the blood-alcohol levels of the impacted students ranged from .123 percent (legally drunk) to .35 percent—a lethal level of alcohol poisoning… The investigation concludes that the students—all under 21 years old—combined AEDs with other kinds of alcohol.” Citing the October 8 police report, McKenna has claimed that the affected students were drinking an AED manufactured by Phusion Projects, LLC , known as “Four Loko,” which contains 12 percent alcohol and “high doses of caffeine and sugar.” Moreover, the letter continues, “The frightening incident… is hardly unique. In fact, AEDs are sweeping college campuses… Twenty-three students at New…
The European Commission (EC) has solicited feedback on its proposed definition of the term “nanomaterial.” In response to a European Parliament request, the EC’s draft recommendation recognizes the need for a definition “at the global level, to serve as a basis also for EU regulation and implementing measures and instruments.” The proposal defines a nanomaterial as that material which meets at least one of the following criteria: (i) it consists of particles with one or more external dimensions in the size range of 1 nanometer to 100 nanometers for more than 1 percent of their size distribution; (ii) it has internal or surface structures in one or more dimensions in the size range of 1 nanometer to 100 nanometers; or (iii) it has a specific surface area by volume greater than 60 square meters by per cubic centimeter, excluding materials consisting of particles with a size smaller than 1 nanometer.…
