A University of Washington study has allegedly found that many red wines produced in California, Washington, New York and Oregon contain arsenic levels exceeding the U.S. Environmental Protection Agency (EPA’s) limit for drinking water of 10 parts per billion (ppb). Denise Wilson, “Arsenic Content in American Wine,” Journal of Environmental Health, October 2015. Authored by an electrical engineering professor, the study purportedly finds that all samples taken from 65 representative wines contained inorganic arsenic, with an average arsenic level of 23.3 ppb. In addition, 58 percent of the samples contained lead and 5 percent exceeded EPA’s lead limits for drinking water. A companion study notes that adults who consume high quantities of rice and infants who consume organic brown rice syrup could also be ingesting arsenic at levels that exceed maximum recommended amounts. The research ultimately raises concerns about dietary exposure to arsenic from multiple sources, urging wineries to test…
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The European Food Safety Authority (EFSA) has issued a scientific opinion assessing any potential risks associated with the use of insect protein in food and animal feed. Concluding that chemical and biological risks depend on production method, the type of substrate used, and insect species, the expert panel specifically notes that “the occurrence of prions—abnormal proteins that can cause diseases such as Bovine Spongiform Encephalopathy (BSE) in cattle and Creutzfeldt-Jakob Disease in humans—is expected to be equal or lower if the substrate does not include protein derived from humans (manure) or ruminants.” The report also calls for more data about the possible accumulation of cadmium, arsenic, lead, mercury, and other heavy metals in farm-raised insects. “EFSA concludes that when non-processed insects are fed with currently permitted feed materials, the potential occurrence of microbiological hazards is expected to be similar to that associated with other nonprocessed sources of protein,” states a…
Citing the need to protect the long-term health of children, U.S. Rep. Rosa DeLauro (D-Ct.) has introduced legislation (H.R. 2529) that would require the U.S. Food and Drug Administration to set a maximum permissible level for inorganic arsenic in rice and rice products within two years. “High levels of inorganic arsenic, a known carcinogen, can be found in rice, cereal and other common, everyday foods,” DeLauro said. “The federal government needs to step in to make sure that American families are consuming food that is safe.” The proposal has been referred to the Committee on Energy and Commerce and Committee on Agriculture. See Press Release of U.S. Rep. Rosa DeLauro, May 21, 2015. Issue 566
A consumer has filed a putative class action in Louisiana federal court against several California wineries alleging that their products contain “dangerously high” levels of arsenic, echoing a similar lawsuit filed in California in March 2015. Crespo-Bithorn v. The Wine Grp. Inc., No. 15-1424 (M.D. La., filed April 20, 2015). The complaint alleges that the wineries “sell and distribute wine to consumers at inorganic arsenic levels significantly higher than what the State of California considers the maximum acceptable limit for safe daily exposure” and asserts that the advertising and marketing of each wine was deceptive because it failed to warn of the arsenic levels. The plaintiff seeks national and state class certification and damages for the Louisiana cause of action of redhibition as well as alleged violations of Louisiana consumer protection statutes and the Magnuson-Moss Warranty Act. Details about the March lawsuit appear in Issue 559 of this Update. …
Citing independent product tests, four consumers seeking to represent a class have filed a lawsuit in California state court alleging that dozens of wineries in the state manufacture and sell wine that contains as much as five times the maximum safe daily limit of arsenic. Charles v. The Wine Grp., Inc., No. BC576061 (Cal. Super. Ct., Los Angeles Cty., filed March 19, 2015). “[J]ust a glass or two of these arsenic contaminated wines a day over time could result in dangerous arsenic toxicity to the consumer,” the complaint alleges. The plaintiffs apparently hired BeverageGrades, an independent laboratory in Colorado, to test for levels of inorganic arsenic, which is “substantially more toxic and dangerous to humans” than organic arsenic, the complaint says. Ingestion is reportedly linked to a variety of health issues, including nausea, vomiting, disturbances of the cardiovascular and nervous systems, and type 2 diabetes. The complaint asserts that in…
The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety, Food and Drug Administration, and Department of Health and Human Services have announced a February 23, 2015, public meeting in College Park, Maryland, to discuss draft positions for consideration at the 9th Session of the Codex Committee on Contaminants in Food in New Delhi, India on March 16-20. The lengthy agenda for the February meeting includes (i) maximum levels for lead in ready-to-drink fruit juices and nectars as well as in canned fruits and vegetables; (ii) proposed draft maximum levels for inorganic arsenic in husked rice; (iii) a proposed draft Code of Practice for the Prevention and Reduction of Arsenic Contamination in Rice; (iv) proposed draft maximum levels for cadmium in chocolate and cocoa-derived products; (v) a discussion paper about the feasibility of developing a Code of Practice for mycotoxins in spices; and (vi) a priority list…
Representatives of more than 170 countries, the European Union and governmental and non-governmental organizations convened in Geneva, Switzerland, on July 14-18, 2014, for the annual meeting of the Codex Alimentarius Commission. Delegates reportedly adopted a recommendation that no more than 0.01 mg/kg of lead be allowed in infant formula and that raw materials be sourced from geographical areas where lead is less prevalent, citing the particular vulnerability of infants and young children to developmental health effects from lead exposure. Codex also set a maximum allowable level for arsenic in rice of 0.2 mg/kg because long-term exposure to the naturally occurring chemical has been linked to the development of cancer, heart disease and diabetes. Other decisions made during the annual meeting related to restricting the use of eight veterinary drugs (chloramphenicol, malachite green, carbadox, furazolidone, nitrofural, chlorpromazine, stilbenes and olaquinadox) in food-producing animals to prevent any residual quantities in meat, milk,…
The European Food Safety Authority (EFSA) has updated its analysis of the occurrence of arsenic in food in Europe, setting lower estimates of dietary exposure to inorganic arsenic than the agency reported in 2009. The analysis includes nearly 3,000 data samples of inorganic arsenic, evidently more toxic than organic compounds, and EFSA reports that the estimates’ accuracy has improved due to new consumption and occurrence data and a more detailed classification of foods. Arsenic, which has been linked to health problems such as skin lesions, cardiovascular disease and some forms of cancer, is a widely found contaminant that occurs both naturally and as a result of human activity. It appears in various forms, which can be either organic—containing carbon—or inorganic. Food, particularly grain-based processed products, such as wheat bread, rice, milk, dairy products, and drinking water are the main sources of exposure for the general European population. Although the European…
The Consumer Advocacy Group, Inc. has filed a series of Proposition 65 (Prop. 65) 60-day notices since December 2013 against supermarkets and rice companies in California, Texas and Taiwan, alleging violations of the law for failure to warn consumers that their rice products contain arsenic (inorganic arsenic compounds), known to the state to “cause both cancer and reproductive toxicity.” The most recent notice was filed February 17, 2014. Under Prop. 65, private citizen enforcers must notify the alleged violator and local prosecuting authorities of their intent to sue so that the alleged violator has the opportunity to correct any alleged violation and local district attorneys have the opportunity to bring government action. The first in this series of notices, brought against Far West Rice, Inc., also alleged that the company’s rice contained lead. Issue 514
In response to the U.S. Food and Drug Administration’s request for comments on its “Draft Guidance for Industry on Arsenic in Apple Juice: Action Level,” the Center for Food Safety (CFS) has asked the agency to “limit the public’s exposure to arsenic through a new regulatory strategy that recognizes the prevalence of arsenic in the food supply.” Stating that although individual foods containing arsenic may be safe to eat in moderation, CFS maintains that they are often consumed in combination, thereby presenting a risk of “cumulative arsenic exposure” that could reach dangerous levels. Calling FDA’s draft guidance “insufficient” to address these health hazards, CFS’s November 12, 2013, letter to FDA asks for the agency to regulate based on “cumulative arsenic exposure” rather than through product specific levels. According to CFS, FDA “must do more” to adequately protect public health. To that end, CFS suggests that, because arsenic is present in…
