Tag Archives Europe

The U.K. Advertising Standards Authority (ASA) has again barred HJ Heinz Foods UK from airing a television commercial suggesting that the nutritional benefits of beans and a protein supplement are comparable. After ASA found that the ad made an unpermitted nutrition claim, Heinz changed a line in the commercial to reduce an implied comparison between the levels of protein, fiber and fat in a protein shake and a serving of beans. ASA found that the updated version of the ad continued to create the “overall impression” that the two products were comparable and banned the ad from running on television.

The Court of Justice for the European Union has held that techniques to edit an organism’s genes without inserting foreign DNA—such as CRISPR/Cas9—result in the creation of genetically modified organisms (GMOs) subject to the EU GMO Directive. Confédération paysanne v. Premier ministre, No. C-528/16 (CJEU, entered July 25, 2018). The plaintiff, a French agricultural union, argued that French legislation exempting organisms produced with mutagenesis techniques such as CRISPR from GMO regulation conflicts with EU legislation governing GMOs. The court found that the mutagenesis techniques “alter the genetic material of an organism in a way that does not occur naturally, within the meaning of that provision. It follows that organisms obtained by means of techniques/methods of mutagenesis must be considered to be GMOs within the meaning of [the GMO Directive].”

Europol has announced the arrests of 66 people following a four-year investigation into an organized-crime group accused of selling horsemeat "not suitable for consumption" as beef products. The investigation began in 2013 after Irish authorities found products sold as beef burgers that contained horsemeat and led to a Dutch man in Spain alleged to be the leader of the scheme. According to Europol's July 16, 2017, press release, "Investigators concluded that the Spanish element of this organisation was a small part of the whole European structure controlled by the Dutch suspect."   Issue 641

An apparent glitch in a Peppes Pizza advertisement in Oslo, Norway, reportedly revealed to passersby that the ad determined whether to show pizza or salad to its audience based on gender as perceived by facial­-recognition software. The digital billboard used a hidden camera to scan faces of the audience and showed images of sausage pizza for men and salads for women. The glitch revealed that the software scanned for the gender of the viewer, the age segment, the length of time the viewer looked at the ad, and whether the viewer was wearing glasses or smiling. After the glitch gained attention as a purported breach of privacy in Norwegian media, the hidden camera was reportedly removed. See The Outline, May 12, 2017.   Issue 635

A German court has reportedly ordered the city of Hamburg to compensate a Spanish vegetable grower falsely linked to a 2011 E. coli outbreak that sickened more than 4,000 people in 16 countries. Vegetable cooperative Frunet asserted that it suffered €2.3 million in damages as a result of its incorrect identification as the source of the outbreak, which was later traced to fenugreek sprouts. The amount of the award has not been confirmed. See Think Spain, October 25, 2015. Meanwhile, the U.S. Court of Appeals for the Federal Circuit has affirmed a lower court’s decision that the government does not owe tomato growers compensation after the U.S. Food and Drug Administration (FDA) publicly attributed a 2008 Salmonella outbreak to red tomatoes, then later traced it to jalapeno and serrano peppers. DiMare Fresh, Inc. v. U.S., No. 15-5006 (Fed. Cir., order entered October 28, 2015). “The problem with the Tomato Producers’ contention…

Britain’s Institute of Economic Affairs (IEA) has published a report condemning government policies aimed at reducing the consumption of sugar. “Just as fat seems to have been given an amnesty, so sugar is now in the dock,” according to report co-authors Rob Lyons and Christopher Snowdon. “So what exactly is the evidence that sugar is deadly? Can one substance really be responsible for a plethora of chronic diseases? If so, are the calls for action to reduce sugar consumption – including taxes and regulations – justified?” See IEA News Release, July 15, 2015.   Issue 573

The Corporate Europe Observatory (CEO) has alleged that companies used “numerous tactics from the corporate lobbyist playbook” to persuade several European Commission departments to obstruct the Directorate-General of the Environment (DG Environment) in its attempts to regulate endocrine disrupting chemicals (EDCs). In particular, the CEO report claims that groups representing the chemical and plastics sectors not only promoted their own studies “as the only ‘sound science,’” but used the threat of economic damage as well as the Transatlantic Trade and Investment Partnership (TTIP) negotiations “as a leverage to prevent any new ‘trade barrier.’” “By early Spring 2013, since DG Environment did not bend under the pressure, the corporate lobby focused on demanding an impact assessment as a delaying tactic,” opines the report. “In a culmination of fierce lobbying pressure, DG Environment’s proposal for scientific criteria to identify EDCs was finally rejected by the other DGs in the Commission. Moreover, in…

Led by the European Network of Scientists for Social and Environmental Responsibility (ENSSER), a group of independent researchers has released a joint statement in Environmental Sciences Europe that challenges “recent claims of a consensus over the safety of genetically modified organisms (GMOs).” According to the January 20, 2015, statement, “the scarcity and contradictory nature of the scientific evidence published to date prevents conclusive claims of safety, or lack of safety, of GMOs.” In particular, the signatories not only argue that scientific agreement on the safety of GMOs is “an artificial construct that has been falsely perpetuated through diverse fora,” but suggest that the current regulatory approach to vetting GMOs case-by-case belies any purported consensus. As evidence, they cite “the different research methods employed, an inadequacy of available procedures, and differences in the analysis and interpretation of data,” as well as unaddressed concerns raised by independent animal-feeding studies and other research.…

The Federal Institute for Risk Assessment (BfR) and the Fraunhofer Nanotechnology and Food Chain Management alliances have organized a two-day public event on March 5-6, 2015, in Berlin to discuss a range of risk-related issues related to the use of nanomaterials. Symposium topics will include (i) European Food Safety Agency guidance on nanomaterials, (ii) the NanoDefine project, (iii) migration potential of nanomaterials in food contact plastics, (iv) inhalation toxicology, and (v) public acceptance of nanotechnology. Charged with “providing information on possible, identified and assessed risks which foods, substances and products may entail for consumers,” BfR reports to the Federal Ministry of Food and Agriculture.   Issue 553

A consortium of prosecco manufacturers has reportedly contacted the United Kingdom’s Food Standards Agency and Intellectual Property Office to threaten legal action under EU trading regulations against British wine bars and pubs that refuse to stop serving the sparkling wine from a keg. Prosecco sales apparently surpassed those of its rival, champagne, for the first time in 2014, and in the same year the United Kingdom replaced Germany as the top export market for prosecco. “If prosecco is sold on tap then it is no longer prosecco—it needs to be served directly from the bottle,” Luca Giavi, director of the consortium, told The Telegraph. The winemakers cite a 2009 European law which states that “prosecco wine shall be marketed exclusively in traditional glass bottles,” and the president of the consortium, Stefano Zanettin, asserted that violations can merit fines ranging from €2,000 to €20,000. Michele Anzaldi, a member of the Italian…

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