After Food and Drug Administration (FDA) investigators found rodent infestation, “insanitary” conditions, poor employee hygiene, and violations of hazard analysis critical control point regulations at a food plant in Louisiana, it dispatched U.S. Marshals to seize tuna salad sandwiches and other food products, totaling more than $72,000 in value. While no illnesses have apparently been linked to consumption of the sandwiches produced by the Bearden Sandwich Company, Inc., the FDA has reportedly pledged to act “swiftly and aggressively” against processors and manufacturers that do not comply with food safety rules. According to an agency spokesperson, “When FDA investigators find violations inside a company’s facility, we will do what is necessary to keep insanitary and potentially harmful products out of consumers’ hands.” See FDA News Release, August 7, 2009.
The Food and Drug Administration (FDA) has announced a new warning-letter system to notify food companies of safety regulation violations. Scheduled to begin on September 15, 2009, the system stems from an effort to speed up the process from the time a company receives an “FDA 483” inspection report to the issuance of a warning letter. It allows companies 15 working days to respond to the 483 form, and if they do not respond during that time, FDA will send a warning letter. If FDA does receive a response in that time, it will “conduct a detailed review of the response before determining whether to send a warning letter.” According to a Federal Register notice, many companies respond in writing once they get the 483 report by describing completed or ongoing corrective actions or promise of future corrections. “In fact, some inspected establishments submit multiple responses to FDA, sometimes over…
The U.S. Department of Health and Human Services (HHS), U.S. Department of Agriculture (USDA), and Office of the Acting Secretary for Food Safety have announced two public meetings to address upcoming sessions of the Codex Alimentarius Commission, the international food standards body established by the U.N. Food and Agriculture Organization and World Health Organization. Slated for September 2, 2009, the first meeting will consider U.S. draft positions pertaining to the 30th Session of the Codex Committee on Fish and Fishery Products (CCFFP) to be held September 29-October 2 in Agadir, Morocco. The second public meeting is scheduled for September 17, when the agencies will discuss the 15th Session of the Codex Committee on Fresh Fruits and Vegetables (CCFFV) to be held October 19-23 in Mexico City, Mexico. Both Codex committees set international standards, codes and other texts related to the preparation, labeling and marketing of their respective products. See the…
Scientists have reportedly restored a genetic trait to North American corn that causes the roots to emit a chemical distress signal when under attack by western corn rootworm, a beetle species known as the “billion-dollar bug” for its widespread crop destruction. Jörg Degenhardt, et al., “Restoring a maize root signal that attracts insect-killing nematodes to control a major pest,” Proceedings of the National Academy of Sciences, August 3, 2009. Researchers inserted oregano genes into domestic corn to reconstruct the defense mechanism, which once existed in most maize varieties and still persists in some European corn. This underground SOS apparently attracts parasitic roundworms, or nematodes, to feed upon the beetle larvae, resulting in yields with less root damage and 60 percent fewer adult beetles compared to unmodified crops. “We used a controversial approach, with genetic engineering, to enhance a very much favored [among environmentalists] approach, which is biological control,” one study author…
University of California researchers studying rural residents in California’s Central Valley have apparently found that those drinking water from private wells have a 90 percent higher risk of developing Parkinson’s disease if the wells are near fields sprayed with certain pesticides. Nicole Gatto, et al., “Well Water Consumption and Parkinson’s Disease in Rural California,” Environmental Health Perspectives, July 31, 2009. Supported by the National Institute of Environmental Health Sciences, the study estimated potential well water contamination on the basis of agricultural application records for 26 pesticides and involved 368 cases and 341 population controls enrolled in the Parkinson’s Environment and Genes study. The researchers found that people with the disease “were more likely to have consumed private well water, and had consumed it on average 4.3 years longer” than those without the disease. The strongest link to disease was found in areas sprayed with propargite, a pesticide used mostly on…
Trust for America’s Health, with a grant from the Robert Wood Johnson Foundation, has released its annual obesity report. Titled F as in Fat: How Obesity Policies are Failing America, the sixth annual edition finds, among other matters, that adult obesity rates continued to rise in nearly half the states and that the states with the highest rates of adult, child and adolescent obesity are in the South. The report, which charts obesity-related diseases, physical activity and income level by state, also tracks trends in state legislation addressing nutritional standards for school meals and vending machines as well as laws requiring BMI screenings for school age children, health education, and farm-to-school programs. The report acknowledges “the current economic crisis,” suggesting that it will increase the cost of nutritious food; overextend safety-net programs and services and increase levels of depression, anxiety and stress, “which often can be linked to obesity.” To combat…
South Carolina poultry production line workers have reportedly sued their employer, claiming they are not paid for the time they spend donning and removing safety gear. According to a news source, the complaint alleges that this can extend a worker’s shift by some 75 minutes each day. The employees also alleged that they are required to stand in line before clocking in to start their shifts so they can purchase the protective gear they need, such as gloves, hair nets, face masks, earplugs, and arm sleeves. Apparently, this gear is damaged regularly while in use, so the workers must buy the supplies at the worksite with a company debit card several times each week. The employer has reportedly countered that it “does not consider time spent in line for supplies and time donning and doffing the minimal gear as compensable time.” According to the company, which was recently indicted for…
A woman who alleges that General Mills, Inc. deceives the public by claiming its Yo-Plus® probiotic yogurt is beneficial for human digestion has filed a motion for class certification in a federal court in Florida. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., filed August 4, 2009). More information about the litigation appears in issue 296 of this Update. The plaintiff contends that the company cannot substantiate its claims that the yogurt’s trademarked “unique blend of live probiotic cultures and natural fiber,” “helps keep your digestive system right on track.” She seeks damages in excess of $5 million, alleging that consumers paid premium prices for a product that has upset the yogurt market and gained a significant market share. Relying on a favorable class certification ruling in similar litigation against Dannon Co., Inc. in California, the plaintiff contends that the claims readily meet Rule 23 class certification requirements. She…
The Massachusetts Department of Public Health has issued an advisory for bisphenol A (BPA), urging caretakers of children under two years old to avoid formula and breast milk storage products that contain the chemical. The health department has also advised pregnant and breastfeeding women to avoid using plastic food and beverage containers made with BPA, and to eat fresh or frozen products instead of canned foods that may have contact with BPA liners. In addition, state officials have recommended that all consumers (i) limit their exposure to transparent plastic containers with the recycling number 7 and the letters PC; (ii) avoid heating these containers “in microwave ovens, in water on the stovetop, or by adding boiling water into them”; (iii) wash containers “by hand with warm water and soap, instead of in dishwashers”; and (iv) replace worn or scratched polycarbonate plastic with stainless steel and glass containers. A pamphlet released…
The Canadian Food Inspection Agency has issued a warning and reported the voluntary recall of frankfurters and wieners manufactured by Maple Leaf Foods, the company whose Listeria-tainted meat products in 2008 purportedly sickened thousands across Canada and were apparently ruled a “contributing cause” in the deaths of 22. According to the agency, the processed meat products now at issue “may be contaminated with Listeria monocytogenes.” While no reported illnesses have been associated with the products’ consumption, the “potential problem” was identified “as a result of the new mandatory testing and reporting requirements placed on industry in February 2009.” Details about the settlement Maple Leaf reached in litigation arising from the 2008 outbreak appear in issue 303 of this Update. See Canadian Food Inspection Agency Health Hazard Alert, August 3, 3009.
