The American Soybean Association (ASA) has asked the U.S. Department of Agriculture’s Office of the Inspector General to investigate the administration of the federally mandated soy checkoff program that is responsible for industry-wide marketing and promotion efforts. “Serious ethical, legal and financial allegations have been raised about how farmer checkoff funds and program activities are being conducted,” stated ASA President John Hoffman in a press release that levied several charges against the United Soybean Board (USB) and the U.S. Soybean Export Council (USECC) for their oversight of checkoff resources. The association’s allegations include “the improper and wasteful expenditure of both checkoff and federal funds; potential evasion of mandated salary and administrative spending caps by USB; conflicts of interest at USB; use of checkoff funds for prohibited purposes by USB; and wasteful and excessive spending by USB.” In addition, ASA cited concerns about “improper USB oversight and tolerance of actions that…
A Chinese court has reportedly refused to accept a lawsuit filed by dozens of families whose children were sickened or died from consuming infant formula contaminated with melamine. Apparently the first-known group lawsuit to arise in the wake of the scandal, the complaint sought nearly US$2 million from the state-owned Sanlu Group Co., the dairy company that allegedly produced the tainted products. According to a news source, Chinese courts often turn down group suits, preferring to deal with individual cases and avoid angering party officials. Some one dozen individual cases are currently pending in courts around the country, but they have not yet been accepted. A lawyer for the affected families reportedly indicated that the group lawsuit was ostensibly not accepted because government departments are still investigating. See Associated Press, December 8, 2008.
A multidistrict litigation court (MDL) in New York has dismissed putative class claims filed against PepsiCo., Inc. for allegedly misrepresenting the source of its Aquafina® bottled water, “by using a label designed to create the impression that the water came from a mountain source and failing to inform consumers that the true source . . . was public drinking supplies commonly known as ‘tap water.’” In re: PepsiCo., Inc. Bottled Water Mktg. & Sales Practices Litig., MDL No. 1903 (S.D.N.Y., decided December 5, 2008). The court determined that plaintiffs’ state-law unfair and deceptive trade practices claims were expressly preempted under the Food, Drug, and Cosmetic Act (FDCA). According to the court, “the FDCA’s statutory framework and regulatory history . . . reveal that the FDA specifically addressed the disclosure of source information and determined, in its expert opinion, that representations of source are immaterial in the context of purified water.”…
Whole Foods Market, Inc., concluding that it cannot get a fair hearing before the Federal Trade Commission (FTC) in proceedings over the competitive effect of its merger with Wild Oats Markets, Inc., has filed a lawsuit in federal court seeking to terminate the proceedings as fundamentally flawed under the Due Process Clause. Whole Foods Market, Inc. v. FTC, No. 08-02121 (D.D.C., filed December 8, 2008). The FTC lifted a stay on its administrative proceedings shortly after a federal appeals court, reversing a district court ruling denying the FTC’s request to stop the merger, ruled that the commission could proceed with its preliminary-injunction proceeding in the courts. The appeals court remanded the case for the district court to consider whether the equities favor the FTC now that the merger has taken place and Whole Foods has closed or sold a number of Wild Oats stores. Among other matters, Whole Foods claims that…
The California Environmental Contaminant Biomonitoring Program’s Scientific Guidance Panel decided at a December 4-5, 2008, meeting that it would designate diesel exhaust and flame retardants as the first substances the state will monitor in humans under a 2006 law (SB 1379) requiring the establishment of a state biomonitoring program. The panel also reportedly agreed that the program’s pilot project would focus on analyzing maternal-infant blood samples from 250 subject pairs. A spokesperson with the state’s Office of Environmental Health Hazard Assessment (OEHHA) apparently indicated that antimicrobials and synthetic hormones used in animal husbandry will be discussed at a future meeting. Environmentalists who attended the meeting reportedly urged the panel to prioritize other chemicals such as bisphenol A, nano silver and phthalates. According to a press report, panel members asked OEHHA legal counsel whether another 2006 law (A.B. 289) could be applied to the biomonitoring program. That law apparently authorizes a state…
The Irish government this week recalled all pork products from pigs slaughtered in the country after testing revealed high levels of dioxin in animal feed and pork fat samples. Authorities have thus far linked the carcinogen to 10 pig farms that received feed from Millstream Power Recycling Limited, a Carlow company which reprocesses foodstuffs to make livestock meal. In addition, Ireland’s Department of Agriculture has placed 45 cattle farms under restrictions because they may have received feed potentially contaminated with dioxins. Health officials stated that three cattle herds of 11 tested had “technically non-compliant” dioxin levels, but stressed that there is “no public health concern” with regard to Irish beef. The government has also declared 490 pig farms “dioxin-free,” although the prohibition on the sale of domestic pork products has remained in effect. See CNN, December 8 and 9, 2008; The Associated Press, December 9, 2008. Meanwhile, the European Commission…
WHO experts have reportedly determined that a tolerable daily intake (TDI) of melamine is 0.2 milligrams per kilogram of body weight (mg/kg bw/d). This threshold is lower than the one recently adopted by the U.S. Food and Drug Administration (FDA), which accepts 0.63 mg/kg bw/d as an appropriate TDI for dietary melamine. The WHO standard is also more stringent than the TDIs used in both Europe (0.5 mg/kg mw/d) and Canada (0.35 mg/kg bw/d). Although the organization felt that the U.S. measure provides an acceptable margin of safety, it nevertheless stressed that melamine is not ever considered “safe” for consumption. “Melamine is a contaminant that should not be in food. However, sometimes it is unavoidable,” said WHO in a statement. “TDI represents the tolerable amount of unavoidable contaminant in food that a person can ingest on a daily basis without appreciable health risks.” See Bloomberg.com, December 6, 2008; Law360, December…
Reversing a position it took in July 2008, the FDA has issued a notice announcing the withdrawal of a final rule that prohibited the extra-label use of cephalosporin antimicrobial drugs in food-producing animals. As we noted in issue 266 of this Update, the FDA issued its prohibition “based on evidence that extralabel use of these drugs in food-producing animals will likely cause an adverse event in humans and, as such, presents a risk to human health.” According to the November 26 notice, “The agency received many substantive comments on the order of prohibition. Therefore, to allow more time to fully consider the comments, FDA has decided to revoke the order so that it does not take effect November 30, 2008.” Should the agency again decide to ban use of the drugs, it will provide a public comment period before implementing it. A number of organizations, including agriculture groups and animal-drug…
The National Research Council (NRC) has published a report, titled Review of Federal Strategy for Nanotechnology-Related Environmental, Health, and Safety Research, that finds “serious weaknesses in the government’s plan for research on the potential health and environmental risks posed by nanomaterials, which are increasingly being used in consumer goods and industry.” NRC describes the research plan developed under the auspices of the National Nanotechnology Initiative (NNI) as “incomplete,” noting that it does not “include research goals to help ensure that nanotechnologies are developed and used as safely as possible.” According to a December 10, 2008, NRC press release, the NNI plan takes only a cursory look at important research areas like “Nanomaterials and Human Health,” which should “include a more comprehensive evaluation of how nanomaterials are absorbed and metabolized by the body and how toxic they are at realistic exposure levels.” NRC also faults the NNI for failing to incorporate vital input from…
The GAO, which serves as the investigative arm of the U.S. Congress, has released a report that analyzes federal oversight of genetically engineered (GE) crops and recommends steps the agencies could take to better address the unauthorized release of these crops into food, animal feed or the environment. Titled Genetically Engineered Crops: Agencies Are Proposing Changes to Improve Oversight but Could Take Additional Steps to Enhance Coordination and Monitoring, the 109-page report discusses the roles that the U.S. Department of Agriculture (USDA), Environmental Protection Agency (EPA) and Food and Drug Administration (FDA) play in regulating GE crops. It also notes how six unauthorized releases of GE crops in recent years may not have adversely affected human or animal health, but did result in lost trade opportunities. The GAO’s assessment was undertaken at the request of Senators Tom Harkin (D-Iowa) and Saxby Chambliss (R-Georgia), the chair and ranking member respectively of the Committee on…
