The Food and Drug Administration (FDA) has notified Representative Edward Markey (D-Mass.) that it has accepted his petition seeking to prohibit the use of bisphenol A (BPA) in canned infant formula. If the agency is able to complete its scientific review, it will file his petition in the Federal Register within 90 days seeking public comment on whether the industry has actually abandoned this use of the chemical, the ground on which Markey sought the ban. As noted in Issue 433 of this Update, while FDA has confirmed the chemical’s safety for continued use in food-packaging materials, the American Chemistry Council has asked the agency to prohibit its use in polycarbonate bottles and sippy cups, contending that industry no longer uses BPA in these products. Markey’s petition echoed that rationale in relation to infant-formula packaging. According to a news source, the “abandonment” focus allows government to “sidestep the debate over…
Tag Archives baby food
University of Almeria researchers have reportedly used a new “multi-residue” technique to identify veterinary drug residues in baby food, raising concerns about the need to better regulate the substances permitted in animal-based products. M.M. Aguilera-Luiz, et al., “Multiclass method for fast determination of veterinary drug residues in baby food by ultra-high-performance liquid chromatography tandem mass spectrometry,” Food Chemistry, June 2012. The study’s authors evidently analyzed 12 meat products containing beef, pork or poultry and nine milk powder samples, all of which purportedly contained trace amounts of antibiotics, including sulfonamides and macrolides, as well as anthelmintics and fungicides. In particular, the results allegedly showed higher concentrations of veterinary drug residues in chicken and other poultry products. “The concentrations detected have been generally very low,” one of authors was quoted as saying. “On one hand, this suggests they are not worrying amounts, on the other hand, it shows the need to control…
Sweden has banned the use of bisphenol A (BPA) in food packaging intended for children younger than age 3. Mainly affecting the lids of baby food jars, the April 13, 2012, edict also gave the Swedish Chemicals Agency three months to investigate whether the chemical should be prohibited in certain types of thermal paper, such as tickets and receipts, and other relevant agencies the opportunity to determine the extent of its use in drinking-water pipes, toys and other children’s goods. Minister for the Environment Lena Ek, who said she plans to raise the BPA issue soon with the European Commission and European Union (EU) member states, noted that the ban ensures that the country’s current voluntary phaseout of BPA-free packaging becomes permanent. “As a matter of caution, we are now acting in all areas that the agencies believe play a significant role in the exposure of young children,” she said.…
A California-based attorney is apparently considering filing a class action lawsuit against Gerber on behalf of consumers purportedly misled by the company’s promotions for its baby food products. According to Ronald Marron, “Gerber claims that NutriProtect™ is ‘Nutrition for Healthy Growth & Natural Immune Support.’ But a close review of the ingredients, in tiny letters on the back, reveals that NutriProtect™ advertising is deceptive, leading parents to believe the Products are healthier and more nutritious than they actually are.” Marron claims that some of the products “contain high amounts of sugar, salt, and high fructose corn syrup.” He also indicates that Gerber is adding substances such as DHA to its products at a price premium, when parents could simply add a few drops of tuna oil to their baby’s food to obtain the same purported health effects. Also cited as a questionable practice is the company’s addition of prebiotics and…
The U.S Department of Agriculture’s Food Safety and Inspection Service, the Food and Drug Administration and the U.S. Department of Health and Human Services have announced a February 23, 2012, public meeting in College Park, Maryland, to provide information and receive public comments on draft U.S. positions to be discussed at the 6th Session of the Codex Committee on Contaminants in Food (CCCF) on March 26-30 in Maastricht, The Netherlands. CCCF is responsible for establishing or endorsing maximum levels “for contaminants and naturally occurring toxicants in food and feed.” Agenda items will include draft maximum levels for melamine in liquid infant formula, arsenic in rice, and deoxynivalenol and its acetylated derivatives in cereals and cereal-based products. See Federal Register, February 3, 2012.
The National Advertising Division (NAD®) of the Council of Better Business Bureaus has reportedly determined that while Gerber Products Co. can justify certain of its baby food advertising claims, others should be modified or discontinued. Competitor Beech-Nut apparently challenged claims pertaining to Gerber’s “Graduates” product line before the industry self-regulatory body. Among other matters, NAD® found that “unique and innovative” claims were substantiated, and that Gerber could continue to make two exclusivity claims: “Only Graduates Lil’ Entrees is designed just for toddlers, with protein, grains, and a side of veggies . . . [o]f items in the Baby Aisle” and Gerber Graduates Healthy Meals are “The only meals designed for preschoolers with protein and a full serving of veggies.” NAD® took issue, however, with “the message conveyed by Gerber’s TV commercials for its Fruit & Veggie Melts. This commercial features a voiceover that claims, ‘the Gerber generation is making their fruit…
A federal court in Georgia has determined that it has personal jurisdiction over a Michigan food-packaging company that was sued as a third party defendant in litigation over a recalled baby food product. IPN USA Corp. v. Nurture, Inc., No. 11-501 (N.D. Ga., decided December 12, 2011). A Food and Drug Administration investigation apparently concluded that the third-party defendant (Liquid) had violated agency regulations on the manufacture of acidified and acid food products. While the baby food manufacturer (Nurture) allegedly sustained millions in damages in the recall, it was the packaging supplier (IPN) that brought the lawsuit against Nurture for breach of contract. According to the court, Liquid had sufficient contacts with Georgia for the court to exercise jurisdiction over the company. For purposes of packaging Nurture’s baby food, Liquid had purchased a machine, packaging supplies and other equipment from IPN’s Georgia-based entity, which referred a “significant number” of prospective customers…
An environmental and public-health advocacy organization has filed a Proposition 65 lawsuit against numerous food and beverage producers in a California state court, alleging failure to warn the public that their baby and toddler foods and fruit juices contain lead, a chemical known to the state to cause reproductive toxicity or cancer. Envtl. Law Found. v. Beech-Nut Nutrition Corp., No. 11597384 (Cal. Super. Ct., Alameda Cty., filed September 28, 2011). Alleging one count of violating Proposition 65, the plaintiff seeks injunctive relief and civil penalties of $2,500 per day for each violation of the law, as well as attorney’s fees and costs. According to the complaint, the plaintiff notified the companies about the alleged violation in 2010 and provided the required notice to the state attorney general, who is not apparently prosecuting an action involving this claim.
According to a news source, the Jane Goodall Institute for Wildlife Research, Education and Conservation has sued Sprout Foods, Inc., an Oregon-based organic vegetarian baby food manufacturer, for failing to carry out its obligations to produce an Institute-branded line of products (Janey Baby®) under a 2010 licensing agreement. Jane Goodall Inst. for Wildlife Research, Educ. & Conservation v. Sprout Foods, Inc., No. 11-5554 (S.D.N.Y., filed August 10, 2011). The plaintiff reportedly claims that it decided to license the Janey Baby® name to Sprout Foods after an “extensive search for a suitable licensee that could provide organic and vegetarian products in the infant food category.” Allegedly signed by Sprout Foods CEO Max McKenzie, the August 2010 agreement gave Sprout an exclusive license to use the famous primatologist’s brand and name in exchange for royalties generated by baby food sales. The Institute reportedly alleges that the baby food producer has not sold or…
A forthcoming study has allegedly identified “high levels” of arsenic in rice-based baby foods, as well as elevated levels of iron, molybdenum and manganese in infant formula. Karin Ljung, et al., “High concentrations of essential and toxic elements in infant formula and infant foods – A matter of concern,” Journal of Food Chemistry, August 2011. According to media sources, researchers from the Unit of Metals and Health at Karolinska Institute in Stockholm tested leading baby food brands for toxic and essential elements, finding that the samples contained more micrograms of arsenic and other toxins than occurs in breast milk. “These elements have to be kept at an absolute minimum in food products intended for infant consumption,” warned the study authors, who also noted that “[d]rinking water used to mix powdered formula may add significantly to the concentrations in the readymade products.” Meanwhile, the British Specialist Nutrition Association has publicly refuted the…
