Led by U.S. Senator Mark Begich (D-Alaska), a group of legislators has asked the Food and Drug Administration (FDA) to halt its ongoing review of genetically engineered (GE) salmon, citing “serious concerns with the current approval process and many potential health and environmental risks that are associated with producing GE fish.” FDA recently held public hearings to decide the fate of a new animal drug application (NADA) for AquAvantage® salmon, an Atlantic variety that uses genes from ocean pout and Chinook to increase the speed of maturation. Additional details about these hearings appear in Issue 365 of this Update. In their September 28, 2010, letter to FDA Commissioner Margaret Hamburg, the Senators argue that the NADA process lacks transparency and does not adequately address the “creation of a new animal, especially one intended for human consumption.” The signatories specifically point to reports that GE salmon “‘have slightly higher levels of…
A recent study has reportedly claimed that human exposure to bisphenol A (BPA) greatly exceeds the daily threshold set by the U.S. Environmental Protection Agency, which specifies the upper limit of BPA intake at 50 micrograms per kilogram of body weight. Julia Taylor, et al., “Similarity of Bisphenol A Pharmacokinetics in Rhesus Monkey and Mice: Relevance for Human Exposure,” Environmental Health Perspectives, September 2010. According to media sources, the study pegged human BPA exposure at more than eight times this threshold and speculated that exposure occurs “via multiple routes.” The study also allegedly suggested that mice, monkeys and humans all process and excrete BPA at similar rates. The lead author reported that blood samples taken from both mice and rhesus monkeys contained “biologically active” amounts of BPA, raising questions about whether the liver effectively expels the substance or allows it to enter the bloodstream, where it could conceivably mimic estrogen and…
The Institute of Medicine’s (IOM’s) Food and Nutrition Board recently launched a new activity titled “Accelerating Progress in Obesity Prevention,” which aims to review IOM’s obesity-prevention strategies and make further recommendations. Sponsored by the Robert Wood Johnson Foundation, an ad hoc committee of academic, industry and scientific experts will undertake a 21-month study intended for regulators, policy makers, foundations, and community-based organizations, and other health professionals. During this process, the committee will (i) consider the progress of previous IOM recommendations, using “available reports, articles, analyses, surveys, legislation and regulations, ‘report cards’, and other relevant literature”; (ii) “develop guiding principles for choosing a set of recommendations”; (iii) “identify a set of recommendations that the committee determines to be fundamental for substantial progress in obesity prevention over the next decade”; and (iv) “recommend potential indicators that can act as markers of progress and that can be readily evaluated through the use of current…
After a Russian court approved the transfer to a housing development foundation of land outside St. Petersburg where more than 6,000 varieties of fruits and berries are grown, scientists fearing the loss of a major seed bank were reportedly heartened to learn that President Dmitry Medvedev has taken an interest in the matter and ordered a review of the decision. An earlier report about the court ruling appears in Issue 360 of this Update. The foundation has also reportedly postponed a planned auction of part of the land and will have an independent expert audit conducted to assess the uniqueness of the plants growing there and how much acreage is involved. Interested parties are apparently seeking a compromise; the auction may be delayed for five to seven years to allow the plant collection to be relocated. See Science, August 20, 2010; Sciencemag.org and Global Crop Diversity Trust, September 10, 2010.
A Kentucky man accused of murdering his wife reportedly notified the court that he would defend himself by claiming that a high caffeine intake, from soft drinks, energy drinks and diet pills, made him temporarily insane and unable to form the requisite criminal intent to kill his wife. During opening statements, however, his attorney apparently stated that Woody Will Smith did not murder his wife, but provided a false confession to police because of high stress from large amounts of caffeine and a lack of sleep. According to news sources, the caffeine defense has been used before and was successful in the case of an Idaho man who allegedly injured two pedestrians with a car. A judge reportedly concluded that this man could not form the mental intent to commit the crime after consuming two large cups of coffee following a restless night and weeks of hard work. Experts have…
Snapple Beverage Corp. has requested that a federal district court dismiss the individual claims remaining in litigation alleging that the company misled consumers by labeling beverages containing high-fructose corn syrup (HFCS) as “all natural.” Weiner v. Snapple Beverage Corp., No. 07-8742 (S.D.N.Y., motion filed September 17, 2010). In August 2010, the court issued an order denying plaintiffs’ request to certify a statewide class of claimants. Additional information about that order appears in Issue 363 of this Update. According to the defendant’s memorandum of law supporting its motion, while the plaintiffs “seek recovery of an alleged ‘price premium’” that they paid for the products, they (i) do not know how much they actually paid for Snapple, (ii) made no effort to determine how comparable products were priced when they purchased Snapple beverages, (iii) lack any receipt to document a Snapple purchase, (iv) “cannot recall with any certainty the price they paid…
Boston city officials are reportedly considering a move to prohibit or restrict sugar-sweetened beverages sold on city-owned property as a way of combating obesity. The city, which has already prohibited smoking in restaurants and bars and trans fat in fast food restaurants and bakeries, recently convened health, education and housing leaders to develop a policy to reduce sugary beverage consumption. While such a policy has yet to be officially drafted, Barbara Ferrer, executive director of the Boston Public Health Commission, told a news source that such a move seemed inevitable based on the city’s earlier promise to fight obesity by decreasing sweetened soda consumption through “counter-advertising and policy change.” Ferrer was quoted as saying that she expects public resistance to the potential ban because people view soft drinks differently from tobacco. “I think we’re going to run into a big issue of people saying, ‘Why would you take away our…
The European Food Safety Authority (EFSA) has published a scientific statement reaffirming its 2009 conclusion that “in relation to food safety, there is no indication that differences exist for meat and milk of clones and their progeny compared with those from conventionally bred animals.” The food safety watchdog’s assessment, however, pertains only to pigs and cattle because “there is still limited information available on cloning” of other species. The European Commission in May 2010 asked EFSA for an update on scientific developments regarding the safety of cloning farmed animals for food production. In response, EFSA’s Scientific Committee reviewed approximately 100 recent studies and other data from European research centers to determine that no new scientific information has surfaced to change its conclusions about cloned pigs and cattle. According to the statement, EFSA also reconfirmed its previous conclusion that “mortality rates and the number of animals born with developmental abnormalities are…
The Environmental Protection Agency (EPA), concerned about potential hazards to human health and the environment, has issued a final rule that will require anyone intending “to manufacture, import, or process either [multi-walled or single-walled carbon nanotubes] for a use that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity.” Effective October 18, 2010, the rule applies to chemicals identified generically (for confidentiality reasons) as PMN P-08-177 and PMN P-08 328. The notice requirement will give EPA the opportunity to evaluate any proposed new use and regulate prospective manufacturers, importers or processors before the use occurs. Among other matters, those working with the substances will be required to use protective equipment, such as full-face respirators, gloves and protective clothing. According to a news source, this is EPA’s first rule for significant new uses of carbon nanotubes, which are…
The U.S. Department of Agriculture’s National Organic Standards Board (NOSB) has announced an October 25-28, 2010, public meeting in Madison, Wisconsin, to review proposed recommendations for the National List of Allowed and Prohibited Substances, which governs the use of synthetic and non-synthetic materials in organic production and handling. NOSB will accept written comments and requests for oral presentations until October 12, 2010. The agenda covers petitioned material and sunset review recommendations for a number of substances, as well as proposed guidance on nanotechnology, “Made With” organic claims and changes to the NOSB policy and procedure manual. In particular, the meeting will address the NOSB Materials Committee’s recommendations for prohibiting engineered nanomaterials in organic production, processing and packaging. According to the committee, concerns about nanotechnology include “the ability of the regulatory agency, the National Organic Program (NOP), to fully control two of the major sources of contamination in final organic food…
