The French Parliament has reportedly voted to prohibit the use of meat and dairy terms to describe plant-based substitutes such as vegetarian sausage or vegan bacon. The measure follows a 2017 European Court of Justice ruling that plant-based products cannot be marketed with terms such as “milk” or “butter.” Violations of the ban may lead to fines of up to €300,000.
An organic egg producer has filed a citizen petition urging the U.S. Food and Drug Administration (FDA) to update the definition of “healthy” to be consistent with scientific evidence and the 2015-2020 Dietary Guidelines for America (DGA). Specifically, Pete and Gerry’s Organics LLC asks FDA to amend the Food, Drug and Cosmetic Act to allow eggs, as single-ingredient foods, to bear the claim “healthy” and to amend FDA enforcement guidance to permit use of the term on eggs, which contain cholesterol in excess of the current limits. The petition states that FDA’s current labeling guidelines are based on specific nutrient levels rather than overall nutritional quality of foods, while the DGA has shifted emphasis to overall dietary patterns. The 2015-2020 DGA does not suggest limiting cholesterol, based on American Heart Association and American College of Cardiology research that apparently found “no appreciable relationship between consumption of dietary cholesterol and serum cholesterol,”…
The European Parliament has adopted rules governing the certification and labeling of organic foods, including supply chain checks and updated standards for organic foods imported from non-EU countries. The rules also cover plant seeds, allowing producers to offer locally adapted traditional varieties for sale and use. "Organic standards are already very high, but consumer confidence can best be strengthened when the rules are clear and comprehensible. The new regulation wil[l] certainly make a positive contribution here," MEP Martin Häusling said in a interview. “Moreover, many of the rules that give producers security are also beneficial to consumers. The annual process-oriented controls mean consumers can be sure companies are inspected regularly."
Ireland’s tax on sugar-sweetened beverages (SSBs) will take effect May 1, 2018, following a European Commission finding that the tax does not constitute state aid. According to a press release, "The Commission in its assessment found that soft drinks can be treated differently to other sugary products in view of health objectives. For example, the Commission took into account the fact that soft drinks are the main source of calories devoid of any nutritional value and thereby raise particular health issues. Furthermore, soft drinks are particularly liable to lead to overconsumption and represent a higher risk of obesity, also compared to other sugary drinks and solid food. On this basis, the Commission concluded that the scope of the Irish sugar sweetened drinks tax and its overall design are consistent with the health objectives pursued and does not unduly distort competition."
The U.S. Department of Agriculture (USDA) has announced it will reestablish the Fruit and Vegetable Advisory Committee and seeks nominations for "a diverse group of members representing a broad spectrum of persons interested in providing suggestions and ideas on how USDA can tailor its programs” to meet industry needs. The agency intends to include growers and shippers; wholesalers and distributors; brokers; processors; retail and restaurant representatives; foodservice suppliers; representatives for organic and non-organic farmers markets; food hubs; state departments of agriculture; farmers’ organizations; and trade associations. Written nominations must be postmarked on or before May 24, 2018.
The U.S. Departments of Agriculture and State are accepting comments on the subjects discussed at the 2018 Food and Agricultural Organization of the United Nations (FAO) Informal North American Regional Conference. Subjects include "agri-food trade and global food security; gender equality and the empowerment of women; agricultural innovations; and FAO's work in emergencies and emerging threats."
The U.S. Government Accountability Office (GAO) has announced new food safety recommendations for managing the risk of arsenic in rice and efforts to reduce pathogens in meat and poultry products. Following a request to review issues related to arsenic in rice, GAO determined that the U.S. Food and Drug Administration (FDA) has not updated its risk assessment of the human health effects in two years and was unable to provide a timeline for either an update or final draft guidance. GAO has recommended that FDA develop such timelines, work with other agencies to coordinate risk assessments and work with the U.S. Department of Agriculture (USDA) to develop methods to detect contaminants in food. GAO also reviewed USDA’s approach to reduction of pathogens in meat and poultry, finding the agency has failed to develop standards for some products—including turkey breasts and pork chops—and has not fully documented its process for deciding…
A New Jersey woman has filed a lawsuit alleging Panera Bread Co. sold her salad greens contaminated with E. coli, causing her to develop hemolytic uremic syndrome after she consumed the meal. Fraser v. Freshway Foods, Inc., No. 18-7734 (D.N.J., filed April 16, 2018). Filed against Panera and its lettuce supplier Freshway Foods Inc., the complaint asserts that Panera sold contaminated lettuce sourced from Yuma, Arizona, which the Centers for Disease Control and Prevention (CDC) has linked to an E. coli outbreak. Alleging the lettuce was “defective and unreasonably dangerous” in violation of the New Jersey Products Liability Act, the plaintiff seeks damages for physical and mental pain and suffering, loss of enjoyment of life, medical expenses and attorney’s fees.
A consumer has filed a putative class action alleging the labels for Crystal Farms Refrigerated Distribution Co.'s Diner’s Choice mashed potatoes assert that the products are made with real butter and fresh whole potatoes while the products contain margarine and preservatives. Reyes v. Crystal Farms Refrigerated Distrib. Co., No. 18-2250 (E.D.N.Y., filed April 16, 2018). The complaint alleges that despite the prominent package labeling, the products’ nutrition labels list margarine as the third ingredient, misleading consumers who expect the potatoes to contain only butter. The complaint also asserts that “fresh mashed potatoes have a shelf life between 7 and 10 days. The Products’ 3-month shelf life is due to artificial chemical preservatives including sodium benzoate, disodium pyrophosphate, potassium sorbate and sodium bisulfite.” Alleging violations of New York’s General Business Law, negligent misrepresentation and fraud, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
A consumer has filed a putative class action alleging Trader Joe’s Co.'s two-ingredient fruit bars are deceptively labeled with collective terms such as “apples” on the ingredient list instead of the specific name for an apple-based ingredient. Jamison v. Trader Joe’s Co., No. 18-2216 (E.D.N.Y., filed April 14, 2018). The plaintiff asserts that the use of a collective term misleads consumers into believing that the products are made from whole, unprocessed fruit, which would require “an additional binding ingredient such as a gel, pectin, juice concentrate or syrup.” A solid bar made without a binding agent, the complaint asserts, would require fruit powder and water, which are not listed on the product labels. Alleging negligent misrepresentation, breach of warranties, fraud and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
