The Food and Drug Administration (FDA) has announced its intention to delay a 2011 ban on raw oysters harvested from the Gulf of Mexico during warm weather months. FDA heard from “Gulf Coast oyster harvesters, state officials, and elected representatives from across the region about the feasibility of implementing post-harvest processing or other equivalent controls” designed to reduce illnesses from bacteria like Vibrio vulnificus. “It is clear to FDA from our discussions to date that there is a need to further examine both the process and timing for large and small oyster harvesters to gain access to processing facilities or equivalent controls in order to address this important public health goal,” stated the agency, which will conduct an independent study to assess how bacteria controls can be “feasibly implemented in the fastest, safest and most economical way.” FDA specifically noted that it will (i) continue to collaborate with the Interstate…
Responding to a request from a coalition of state attorneys general, the Food and Drug Administration (FDA) has called on the makers of alcoholic energy drinks to provide information and data showing their use of caffeine in alcoholic beverages is permissible under the law. The letter, sent to nearly 30 companies, explains what the law requires in terms of food additives: the additives must meet generally recognized as safe (GRAS) standards or be given pre-market approval by the agency. According to FDA, caffeine is GRAS only when used in cola-type beverages. The letters were issued on November 13, 2009, and the companies were given 30 days to provide the requested information. In late September, the co-chairs of the National Association of Attorneys General Youth Access to Alcohol Committee called for the agency to pull the products from the market, contending that “the combination of caffeine and alcohol in AEDs [alcoholic…
The Federal Trade Commission (FTC) has announced a December 15, 2009, public forum titled “Sizing Up Food Marketing and Childhood Obesity,” which will include panels of industry representatives, federal regulators, consumer groups, scientific researchers, and legal scholars. The forum will address (i) the progress of self-regulatory initiatives, particularly the food and entertainment industries’ responses to the 2008 FTC report, “Marketing Foods to Children and Adolescents: A Review of Industry Expenditures, Activities, and Self-Regulation”; (ii) current research on the impact of food advertising on children; and (iii) the statutory and constitutional issues surrounding governmental regulation of food marketing. In addition, representatives from FTC, the Food and Drug Administration, Centers for Disease Control and Prevention, and the Department of Agriculture will report on the status of recommended nutritional standards for foods marketed to children. See FTC Press Release, September 29, 2009.
A recent study has allegedly linked occupational exposure to bisphenol A (BPA) with high rates of impotence and sexual dysfunction among Chinese men. D. Li, et al., “Occupational Exposure to Bisphenol-A (BPA) and the Risk of Self-Reported Male Sexual Dysfunction,” Human Reproduction, 2009. U.S. and Chinese researchers apparently examined 634 male workers exposed to BPA levels approximately 50 times higher than those encountered by the average American. According to the study, “compared with the unexposed workers, BPA-exposed workers reported significantly higher frequencies of reduced sexual function within 1 year of employment in the BPA-exposed factories.” In addition, the authors observed a “dose-response relationship… with an increasing level of cumulative BPA exposure associated with a higher risk of sexual dysfunction.” The researchers have since defended their results against feedback questioning the study’s relevance to the typical consumer. “Critics dismissed all the animal studies, saying ‘Show us the human studies,” stated one…
The Canadian Heart and Stroke Foundation’s Health Check™ program has reportedly revised its front-of-package (FOP) labeling scheme to better reflect current nutritional guidelines. Similar to the Smart Choices® system recently discontinued in the United States, Health Check allows subscribing manufacturers to use its FOP logo on products that meet specific nutritional requirements. Partly in response to criticism leveled at its U.S. counterpart, the non-profit organization has announced plans to disqualify any cookies, puddings, snack foods, flans, or frozen dairy, soy or tofu desserts from entering the program after December 28, 2009. Health Check has also set new salt, sugar and fat limits for endorsed products, stipulating that trans fat cannot comprise more than 5 percent of the total fat content. In addition, soups in the restaurant program must reduce sodium levels to 480 mg per 250 mL by November 1, 2010. “The Health Check nutrient criteria developed by the Heart…
An Environmental Health News (EHN) special report has allegedly identified significant lead levels in aged balsamic and other red wine vinegars, noting that “some vinegars had 8-9 times more lead than recommended” by California’s Proposition 65 regulations. The Environmental Health Sciences Foundation purportedly tested a range of domestic and imported vinegars sold in California in 2002, claiming that “for three imported varieties… people who eat one tablespoon per day would be exposed to seven to 10 times the maximum daily level of lead set by California.” Likewise, according to EHN, “eating one tablespoon a day of some balsamic or red wine vinegars can raise a young child’s lead level by more than 30 percent.” Although EHN noted that lead levels in vinegar can “vary widely,” it suggested that “aged varieties produced by the traditional method, which involved concentration in wood barrels for at least 12 years, have the highest levels.”…
The American Cancer Society has released a position paper, “American Cancer Society Perspectives on Environmental Factors and Cancer,” discussing human exposures to carcinogens, including those in food. The paper calls for additional resources to (i) “accelerate testing of new and existing chemicals for potential carcinogenicity,” (ii) “monitor the bioaccumulation of chemicals in humans and in the food chain,” and (iii) “monitor and evaluate trends in cancers for which incidence is increasing.” Among the positions the society takes on cancer prevention is that “decisions regarding prevention must inevitably be made in the face of accruing but still incomplete evidence.” While the paper acknowledges that environmental exposures to carcinogens are generally minimal, its authors contend, “there is reason to be concerned about low-level exposures to carcinogenic pollutants because of the multiplicity of substances, the involuntary nature of many exposures, and the potential that even low-level exposures contribute to the cancer burden when…
ConAgra Foods, Inc. has asked a multidistrict litigation (MDL) court to sever and transfer the claims of some of the plaintiffs who filed a lawsuit in October 2009 against the company arising out of the purported Salmonella contamination of its peanut butter. In re: ConAgra Peanut Butter Prods. Liab. Litig., MDL No. 1845 (N.D. Ga., motion filed November 10, 2009). The company has also asked the court to dismiss the plaintiffs’ claims for punitive damages, arguing that they have not been sufficiently plead under the new plausibility standard of Ashcroft v. Iqbal, 129 U.S. 1937 (2009). According to ConAgra’s motion, this lawsuit involves five plaintiffs from four different states, raising serious questions of judicial economy and juror confusion, given that evidence is located in four different states and the legal standards of four different states would have to be applied to the claims. The plaintiffs filed their lawsuit in the same…
According to a news source, a New Jersey court has dismissed fraud-related claims filed against Denny’s Corp. alleging that the company failed to disclose the amount of sodium in its menu items. DeBenedetto v. Denny’s Corp., No. __ (N.J. Super. Ct., dismissed November 10, 2009). Additional details about the litigation appear in issue 312 of this Update. The company reportedly indicated in a statement that the suit was dismissed because the plaintiff failed to and could not establish a physical injury under state product liability law. The named plaintiff in this putative class action reportedly alleged that he had consumed Denny’s foods for more than 20 years and was shocked when he learned how much sodium was in his favorite menu items. While he did not allege any link between the company’s foods and his alleged high blood pressure, the plaintiff claimed that he would not have selected the high-sodium…
A U.S. attorney in Maryland has filed a complaint for injunction against a dairy operation and its owner seeking to stop their alleged long-term misuse of antibiotics in animals that were sold for consumption. United States v. Old Carolina Farm, No. __ (D. Md., filed November 3, 2009). According to the complaint, U.S. Department of Agriculture, Food and Drug Administration and Maryland Department of Agriculture investigations since the mid-1990s showed that drug residues in the tissues of animals the defendants sold exceeded established limits for a number of antibiotics. Contending that consumers of such meats “may experience severe allergic reactions” or develop “antibiotic-resistant strains of bacteria,” the complaint alleges that the dairy’s owner ran afoul of the law essentially because he failed and refused to maintain treatment or drug inventory records. The U.S. government seeks permanent injunctive relief to stop the dairy from introducing adulterated food into interstate commerce and from…
