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The Food and Drug Administration (FDA) recently issued a warning letter to the New York-based manufacturer of “Magic Power Coffee,” a product that purportedly contains the active ingredient used in erectile dysfunction medications. According to the letter, INZ Distributors, Inc., has marketed the coffee as a conventional food despite the presence of hydroxythiohomosildenafil, an analogue of sildenafil that is a phosphodiesterase type 5 inhibitor “well known to have an effect on the structure or function of the body.” The company has also included instructions to use its product “approximately 30-45 minutes prior to engaging in sexual intercourse.” On the basis of the synthetic active pharmaceutical ingredient and these labeling claims, FDA has concluded that “Magic Power Coffee” is not primarily consumed “for its taste, aroma or nutritive value.” The agency has thus deemed the product an unapproved new drug and a misbranded drug in violation of the Food, Drug, and…

The European Food Safety Authority (EFSA) has issued an August 2, 2010, report urging member states to increase their monitoring of furan, a compound with aromatic properties that can form in a variety of heat-treated commercial foods and which has purportedly been shown to be carcinogenic in animal experiments. EFSA intends to use the report to support a dietary risk assessment on furan. It updates data submitted by 18 member states on furan levels in 4,186 foods sampled and analyzed between 2004 and 2009, with 8 percent of the samples reported as foods consumed. The report sorted data into 21 different food categories (five coffee and 16 noncoffee categories), with the highest levels of furan found in the five coffee categories compared to other food groups. The highest non-coffee maximum concentrations were found in the “baby food” and “soups” categories. “ Jarred baby food and infant formula are of particular…

A California appeals court has determined that Starbucks did not violate state labor laws by allowing shift supervisors to share the tips left by customers in collective tip boxes and thus, overturned an $86 million award made to a class of current and former Starbucks’ baristas. Chau v. Starbucks Corp., No. D053491 (Cal. Ct. App., decided June 2, 2009). Because shift supervisors serve customers and rotate such duties with baristas, the appeals court determined that the shift supervisors were among those for whom the tips were intended. So ruling, the court distinguished Starbucks’ policy of equitably distributing collective tip-box proceeds from the prohibited practice of mandatory tip pooling.

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