Advocate General Niilo Jääskinen of the EU Court of Justice has issued an opinion in the case of a morbidly obese child-minder in Denmark who lost his job, allegedly due to unlawful discrimination, finding that “if obesity has reached such a degree that it plainly hinders participation in professional life, then this can be a disability” under the Equal Treatment in Employment Directive. Karsten Kaltoft, who never weighed less than 352 pounds (with a BMI of 54) during his 15-year tenure with the Municipality of Billund taking care of other people’s children in his home until he was terminated, claimed that his dismissal was based on his weight and sought damages for discrimination. The Court of Kolding in Denmark referred the case to the EU Court of Justice, seeking an opinion on whether the EU Treaty and Charter included a “self-standing prohibition on discrimination on the grounds of obesity,” or…
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The Danish Ministry of the Environment has stated that the government intends to pressure the European Commission to phase out certain phthalates—including BBP, DEHP, DBP, and DIBP, which are used to soften plastics such as food containers—after the European Court of Justice found that Denmark’s proposed ban on them conflicts with EU regulations. Environment Minister Kirsten Brosbøl said, “I’m putting pressure on the Commission to speed up assessment and regulation of these substances in the EU. I haven’t given up on the ban or other regulation on phthalates, and therefore I’ve asked the Danish EPA to look into whether there is a new basis for Danish phthalate regulations, if the assessment by the European Chemicals Agency does not result in common EU regulations.” According to Brosbøl, the ministry will step up efforts to educate consumers “about products containing harmful chemistry and increase the use of the Nordic Ecolabel on products…
The European Food Safety Authority’s (EFSA’s) Panel on Contaminants in the Food Chain (CONTAM Panel) has published a draft scientific opinion on acrylamide (AA) in food that urges the further reduction of dietary exposure to the substance. According to the draft opinion, AA is formed when the sugars and amino acids in carbohydrate-rich foods—such as coffee, fried potato products, cookies, crackers, bread, and some baby foods—undergo a Maillard reaction during high-temperature cooking. Animal studies have allegedly linked AA consumption to an increased risk of certain cancers, although the panel noted that the substance’s effects on the nervous system, pre- and post-natal development, and male reproduction are not considered a concern based on current exposure levels. To estimate human dietary exposure to AA, the CONTAM Panel analyzed 43,419 results collected since 2010 by 24 EU member states and six food associations. The findings evidently showed that infants, toddlers and other children…
The European Food Safety Authority’s (EFSA’s) Panel on Biological Hazards (BIOHAZ) has issued a scientific opinion on the risk posed by Salmonella and norovirus in fresh and frozen berries. According to BIOHAZ, which reviewed the limited data pertaining to the prevalence of these foodborne pathogens in berries, the risk factors for contamination are likely to include environmental conditions, contact with animal reservoirs and insufficiently treated compost, the use of contaminated water for irrigation or chemical applications, and cross-contamination by harvesters, food handlers or equipment. To mitigate these risks, BIOHAZ urges primary producers to implement Hazard Analysis and Critical Control Points (HACCP) systems as well as Good Agricultural Practices, Good Hygiene Practices and Good Manufacturing Practices (GMP). More specifically, the scientific opinion identifies Norovirus in frozen raspberries and strawberries as “an emerging public health risk,” stressing the need for additional data to develop microbiological criteria for improved control of norovirus in…
The U.K. Advertising Standards Authority (ASA), has upheld four complaints challenging whether a TV ad for Bioglan “superfood” chia and flax seeds complied with the European Register of Nutrition and Health claims with its use of the word “superfood” and comparisons demonstrating the seeds’ protein, calcium and fiber content. At issue specifically was food manufacturer PharmaCare’s claim that adding its chia and flax seeds to breakfast provides “as much protein as a small egg; more calcium than 100 ml of milk; as much fiber as a cup of oats; and a high source of the Omega 3 fatty acid ALA.” Concluding that although PharmaCare was within its rights to present the seeds as sources of the specific nutrients, the multiple references to “superfood” to reference “a general, non-specific benefit of the food for overall health,” needed to be accompanied by a specific authorized health claim. “We noted that the Regulation…
The Netherlands and Sweden have issued a discussion paper arguing that labeling food with “best before” dates results in unnecessary food waste and that European Union (EU) requirements should be adjusted to allow some foods to be sold without them. The paper, which Germany, Denmark, Austria, and Luxembourg also back, echoes a report published in April 2014 by the U.K.’s House of Lords EU Committee urging the development of “aspirational targets for each level of the supply chain” to reduce food waste in Europe. According to the European Commission (EC), up to 100 million metric tons of food are wasted each year in Europe, and a 2013 report from the London based Institution of Mechanical Engineers found that 30 to 50 percent of food on shelves is wasted, possibly due to poor understanding of “best before” and “use by” dates. The EC said that it is examining possible avenues of…
After review by member states and unanimous agreement by the Member State Committee, the European Chemicals Agency (ECHA) has published a group of evaluation decisions on 14 substances considered to pose potential risks, creating obligations for companies in the European Union to conduct tests and provide further data about their use. The decisions are the culmination of the European Parliament Council’s substance evaluation process under Regulation No. 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). In addition to bisphenol A, ECHA has made final decisions on the following substances: isoheptane; imidazole; a mixture of cistetrahydro-2-isobutyl- 4-methylpyran-4-ol; transtetrahydro-2-isobutyl-4-methylpyran-4-ol; oligomerisation and alkylation reaction products of 2 phenylpropene and phenol; N,N’-bis(1,4-dimethylpentyl)-p-phenylenediamine; carbon tetrachloride; 1,3-diphenylguanidine; hexyl salicylate; 2,2’-iminodiethanol; 2-ethylhexanoic acid; decahydronaphthalene; alkanes, C14-17, chloro (MCCP, Medium chained chlorinated paraffins); and 2-(4-tertbutylbenzyl) propionaldehyde. Issue 519
The European Food Safety Authority (EFSA) will host a workshop on April 28, 2014, in Brussels, to discuss the agency’s work related to the re-evaluation of food additives, as required by Commission Regulation No. 257/2010 of the European Parliament and the Council on Food Additives. With an aim to “engage with interested business operators, scientific experts, the European Commission representatives, EFSA scientific staff and other interested parties,” the workshop will include sessions that address (i) “why, how and when scientific uses, use level data and other information should be made available to EFSA”; and (ii) “the extent to which the engagement of stakeholders during the re evaluation process would be of mutual benefit for EFSA and stakeholders themselves.” Participants may register until April 10, 2014. Issue 519
The European Food Safety Authority (EFSA) has issued a call for data from member states and other stakeholders on a third batch of food additives, including tertiary-butyl hydroquinone, agar, carrageenan, and xanthan gum, used in food and beverages. The action follows Commission Regulation No. 257/2010 of the European Parliament and the Council on Food Additives, requiring re-evaluation of substances permitted in the EU before January 2009. Specifically, the agency seeks (i) “figures from industry on the amounts of these additives they report using in their products”; and (ii) “data derived from analyses indicating actual levels of these additives found in foods and drinks from national food authorities, research institutions, academia, food industry and other stakeholders.” EFSA will accept data submissions until July 31, 2014, and will reportedly publish further calls for similar data later this year. Issue 517
The European Food Safety Authority (EFSA) has asked member states “to monitor the presence of brominated flame retardants (BFRs) in food over the next two years.” In light of six scientific opinions published by the Scientific Panel on Contaminants in the Food Chain between September 2010 and September 2012, EFSA has requested additional information on the following BFR classes and their presence in human food: (i) polybrominated diphenyl ethers; (ii) hexabromocyclododecanes; (iii) tetrabromobisphenol A and its derivatives; (iv) brominated phenols and their derivatives; and (v) emerging and novel brominated flame retardants. In addition, the agency noted that “levels of [BFRs] in food of animal origin could be related to the presence of these substances in animal feed, therefore, based on the first results of the monitoring of food in 2014, a recommendation as regards the monitoring of animal feed could follow in 2015.” Issue 517
