Food and Drug Administration (FDA) Deputy Commissioner for Foods and Veterinary Medicine Michael Taylor said this week that the agency “is taking a fresh look at the potential impact that the totality of new and easy sources of caffeine may have on the health of children and adolescents, and if necessary, will take appropriate action.” According to Taylor, “[t]he only time that FDA explicitly approved the added use of caffeine in a food was for cola and that was in the 1950s.” He acknowledged that in today’s environment children and adolescents can be exposed to the substance “beyond anything FDA envisioned when it made the determination regarding caffeine in cola.” In 2010, FDA warned companies producing alcoholic malt beverages that the added caffeine was an unsafe additive and that seizure of their products was possible under federal law. The companies ceased producing the caffeinated products. Additional information about the 2010…
Tag Archives alcohol
British-based researchers who closely examined alcohol industry submissions to a 2008 Scottish government consultation on “Changing Scotland’s relationship with alcohol” have distilled the arguments presented and contend that they misrepresent the scientific evidence and should not be considered persuasive. Jim McCambridge, et al., “Industry Use of Evidence to Influence Alcohol Policy: A Case Study of Submissions to the 2008 Scottish Government Consultation,” PLOS Medicine, April 2013. Observing that industry actors “consistently oppose[] whole-population approaches, . . . favouring instead targeted interventions that focus on a supposedly problematic minority of drinkers and emphasising the role of individual responsibility,” and faulting their use of relevant research literature, the authors “suggest that the public interest is not served by industry actors’ involvement in the interpretation of research evidence” and that “[c]ommercial conflicts of interest should be made explicit.” They further warn policy makers to “treat industry actors’ interpretation of research evidence with extreme…
Scientists presenting at the National Meeting & Exposition of the American Chemical Society have reportedly identified elevated levels of arsenic in some beers sold in Germany. According to Mehmet Coelhan, who conducted the study of 140 beers as part of a monitoring program, “the discovery could be of importance for breweries and other food processors elsewhere that use the same filtering technology implicated in the elevated arsenic levels in some German beers.” The team concluded that arsenic was released into the beer from a filtering material called “kieselguhr, or diatomaceous earth, that’s used to remove yeast, hops and other particles and give the beer a crystal clear appearance.” According to Coelhan, “The resulting arsenic levels were only slightly elevated, and it is not likely that people would get sick from drinking beers made with this filtration method because of the arsenic. The arsenic is still at low levels—the risk of…
A firearms company that holds the Tommy Gun™ trademark has brought an infringement action against a company selling its vodka products in 19-inch bottles shaped like Tommy guns. Saeilo Enters., Inc. v. Alphonse Capone Enters., Inc., No. 13-2306 (N.D. Ill., filed March 27, 2013). The plaintiff seeks damages, treble damages, profits, attorney’s fees, and costs under state and federal law, as well as a permanent injunction, cancellation of the vodka maker’s trademark registrations and the destruction of remaining stock. According to a news source, the plaintiff has been aggressive in protecting its brand and, in 2008, sued a company making Tommy gun replicas. It has also apparently trademarked the term “Chicago Typewriter,” a slang expression for the submachine gun. See ABA Journal, April 5, 2013.
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a final rule designating “Cachaça” as a type of rum and a distinctive product of Brazil. Effective April 11, 2013, the final rule recognizes Cachaça as a distinctive distilled spirit made from sugar cane “in compliance with the laws of Brazil regulating the manufacture of Cachaça for consumption in that country.” In return, the Brazilian officials who petitioned TTB and the U.S. Office of the Trade Representative for the designation have reportedly agreed to recognize bourbon whiskey and Tennessee whiskey as distinctive products of the United States. Under the final rule, products that meet the identity standards for Cachaça may be labeled as such and no longer need to include the term “rum” on the packaging. In addition, TTB has noted that distilled spirits containing corn or corn syrup will not be recognized as either rum or Cachaça and must…
Putative class actions have been filed against the Anheuser-Busch Cos. (AB) in federal courts in California, New Jersey and Pennsylvania, alleging that “consumers receive watered down beer containing less alcohol than is stated on the labels of AB’s products.” Giampaoli v. Anheuser-Busch Cos., LLC, No. 13-0828 (N.D. Cal., filed February 22, 2013); Wilson v. Anheuser-Busch Cos., LLC, No. 13-1122 (D.N.J., filed February 25, 2013); Greenberg v. Anheuser-Busch Cos., LLC, No. 13-1016 (E.D. Pa., filed February 25, 2013). Claiming that the company uses a technology enabling it to create precise alcohol levels in its beer products, each plaintiff seeks to certify a nationwide class of consumers who have purchased AB products such as Budweiser®, Bud Ice®, Bud Light Premium®, Michelob®, Michelob Ultra®, Hurricane High Gravity Lager®, King Cobra®, Busch Ice®, Natural Ice®, Black Crown®, and Bud Light Lime®. Alleging violations of consumer fraud laws and breach of state and federal warranty laws, the plaintiffs…
The Boston University School of Public Health and Johns Hopkins Bloomberg School of Public Health’s Center on Alcohol Marketing and Youth (CAMY) have published a study identifying alcohol brands allegedly consumed by underage youth. Michael Siegel, et al., “Brand-Specific Consumption of Alcohol Among Underage Youth in the United States,” Alcoholism: Clinical & Experimental Research, February 2013. According to a February 11, 2013, CAMY press release, the top 25 brands that study participants reported consuming during a 30-day period “account for nearly half of youth alcohol consumption,” with 27.9 percent of study participants reporting that they consumed Bud Light, 17 percent reporting that they consumed Smirnoff malt beverages, and 14.6 percent reporting that they consumed Budweiser. The study’s authors reportedly based their findings on Internet surveys completed by 1,032 participants aged 13 to 20 years who responded to questions about “their past 30-day consumption of 898 brands of alcohol among 16…
In the wake of an antitrust lawsuit filed by the U.S. Department of Justice (DOJ) seeking to enjoin the acquisition of Mexican brewer Grupo Modelo, Anheuser-Busch InBev (ABI) has reportedly agreed to sell a massive Modelo brewery, including full U.S. rights to the Corona® and Modelo® brands, to Constellation Brands, said to be the world’s largest wine company, for $2.9 billion. Additional information about the antitrust litigation appears in Issue 469 of this Update. The brewery, Compañía Cervecera de Coahuila, situated near the U.S.-Mexico border, produces Corona®, Corona Light® and Modelo Especial®. Constellation, which filed a motion to intervene in the DOJ lawsuit to protect its interests, stands to gain greater access to the American beer market under a revised agreement that would establish Constellation’s Crown Imports beer division as completely independent. Under the deal’s original terms, Constellation would have paid its joint venture partner Modelo $1.85 billion for the 50…
Evidently in response to public comments, the Federal Trade Commission (FTC) has modified its agreement with Phusion Projects, LLC to require an alcohol facts panel on certain-sized cans of its Four Loko fruit-flavored malt beverage. In re Phusion Projects, LLC, No. C-4382 (FTC, order entered February 6, 2013). The agreement resolves charges that the company and its principals falsely claimed that a 23.5-ounce can contained “the alcohol equivalent of one or two regular 12-ounce beers, and that a consumer could drink one entire can safely on a single occasion.” To the contrary, according to FTC’s administrative complaint, the products contain the alcohol equivalent of four to five 12-ounce cans of beer. Without admitting liability, the company has agreed to label any container of Four Loko or other flavored malt beverage with more than two servings of alcohol with an alcohol facts panel. The panel will set forth the “the container…
According to a news source, the Council of Better Business Bureau’s National Advertising Division (NAD) has determined that Anheuser Busch promotions for Michelob ULTRA Light Cider® comply with Food and Drug Administration definitions and guidelines. The company apparently claims that the product has one-third fewer calories than its competitors, and the ad industry’s self-regulatory investigative unit “determined that the advertiser had provided a reasonable basis for the claim.” NAD considered the product’s calorie content, the calorie content of other leading hard ciders and their market share, as well as whether the brewer’s claim provided “meaningful and accurate information to consumers.” The company was reportedly “pleased with NAD’s decision.” See Law360, February 5, 2013.
