The U.S. Government Accountability Office (GAO) has announced new food safety recommendations for managing the risk of arsenic in rice and efforts to reduce pathogens in meat and poultry products. Following a request to review issues related to arsenic in rice, GAO determined that the U.S. Food and Drug Administration (FDA) has not updated its risk assessment of the human health effects in two years and was unable to provide a timeline for either an update or final draft guidance. GAO has recommended that FDA develop such timelines, work with other agencies to coordinate risk assessments and work with the U.S. Department of Agriculture (USDA) to develop methods to detect contaminants in food. GAO also reviewed USDA’s approach to reduction of pathogens in meat and poultry, finding the agency has failed to develop standards for some products—including turkey breasts and pork chops—and has not fully documented its process for deciding…
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MJS America LLC, maker of “Majans Bhuja Snacks,” faces a putative class action alleging that the primary ingredients of its “Ancient Grains Twists” are rice, peas, tapioca and sunflower or canola oil rather than ancient grains. Louis v. MJS America LLC, No. 18-1046 (E.D.N.Y., filed February 18, 2018). The plaintiff asserts that she paid a premium price for the product because she understood “Ancient Grains Twists” to mean that the snack was made exclusively from ancient grains, but the product allegedly contains only “non-substantive” amounts of chia and quinoa seeds, which the complaint describes as “pseudocereals among ancient grains.” Claiming false advertising, breach of express and implied warranties of merchantability, fraud and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
A multidistrict litigation (MDL) court in Missouri has issued a number of rulings on motions for summary judgment and to exclude or limit expert testimony in the bellwether cases involving Texas rice farmers who allege that contamination of the U.S. rice supply with genetically modified (GM) rice caused a precipitous decline in prices for their crops on world markets. In re Genetically Modified Rice Litig., MDL No. 1811 (E.D. Mo., decided October 4, 2010). The court’s pre-trial rulings are similar to its rulings in previous bellwether trials involving farmers in Arkansas, Louisiana, Mississippi, and Missouri. The court determined, among other matters, that (i) the Texas farmers could not sue for violation of a North Carolina statute; (ii) the economic loss doctrine did not bar the plaintiffs’ claims; (iii) the plaintiffs could pursue claims for private nuisance but not for public nuisance; (iv) the defendants cannot assert as a defense that…
An Italian agronomist, frustrated by the government’s refusal to approve the planting of genetically modified (GM) crops, has apparently engaged in an act of civil disobedience by planting two fields of GM corn and publicizing his action with a news conference and YouTube® video. Environmentalists reportedly responded by descending on the fields near Vivaro, which had been seized by government officials; Greenpeace activists cut off the tassels in an effort to prevent the dissemination of pollen, and environmentalists with Ya Basta trampled the crop leaving signs stating “Danger—Contaminated—G.M.O.” According to a news source, while the European Union has approved the use of this particular seed, Italy requires farmers to submit any request to plant GM crops for government approval. To date, the Ministry of Agriculture has not apparently approved any GM crop for planting. The GM debate is particularly heated in Italy, where farmers are known for their specialized organic…
Researchers from the Environmental Protection Agency, University of Arkansas and University of California, Fresno, have reportedly identified populations of genetically modified (GM) canola growing wild in North Dakota. According to results presented at the Ecological Society of America’s (ESA’s) 95th Annual Meeting, scientists found that 347 of the 406 plants collected from roadsides contained either CP4 EPSPS protein, which confers tolerance to glyphosate herbicide, or PAT protein, which confers tolerance to glufosinate herbicide. “There were also two instances of multiple transgenes in single individuals,” University of Arkansas ecologist Cynthia Sagers was quoted as saying. “Varieties with multiple transgenic traits have not yet been released commercially, so this finding suggests that feral populations are reproducing and have become established outside of cultivation.” See ESA Press Release, August 6, 2010. Sagers has reportedly called for further research, suggesting that GM canola has been “part of the landscape for several generations.” She has conceded,…
The American Farm Bureau Federation (AFB) has issued a policy statement urging the Office of the U.S. Trade Representative (USTR) to “initiate a retaliation process” against the European Union over its de facto moratorium on genetically modified (GM) crops. Despite a 2006 World Trade Organization ruling that found fault with EU approval procedures for GM crops, the bloc has allegedly failed to implement “a timely and predictable regulatory process,” resulting in “substantial damage” to U.S. agriculture. Although AFB initially agreed to suspend formal action in favor of normalizing trade, the industry group has since reversed that decision. According to AFB, “If the EU does not immediately begin to make timely, science-based regulatory decisions on pending and future applications, soybean exports also are at serious risk.” See AFB Press Release, July 26, 2010. Meanwhile, the European Commission (EC) recently approved six GM corn varieties via “the usual and standard” authorization procedure,…
According to news sources, a St. Louis jury has awarded more than $500,000 to a Louisiana farmer who alleged that when the U.S. rice supply was contaminated in 2006 with a genetically modified (GM) crop that was somehow released from testing facilities, he lost $1.5 million due to lost sales abroad. In re: Genetically Modified Rice Litig., MDL No. 1811 (E.D. Mo.). The lawsuit is the third to reach trial of more than 500 consolidated before a multidistrict litigation court in eastern Missouri; it marks the third loss in federal court for the defendant, which is facing more than $52 million in jury awards. Two state trials also resulted in plaintiff verdicts. While the defendant has not apparently disputed the contamination, it has denied that it was negligent and contends that rice sales recovered shortly after the initial plunge. See Bloomberg Businessweek and Post Dispatch, July 14, 2010.
In a 7-1 ruling, the U.S. Supreme Court has determined that a district court erred in enjoining the Animal and Plant Health Inspection Service (APHIS) from even partially deregulating Monsanto’s Roundup Ready® alfalfa while the agency takes steps to comply with the National Environmental Policy Act (NEPA). Monsanto Co. v. Geertson Seed Farms, No. 09-475 (U.S., decided June 21, 2010). The district court found that APHIS failed to prepare an environmental impact statement (EIS) as required under NEPA before granting Monsanto’s petition to deregulate the seed, which has been genetically modified (GM) to resist glyphosate, a weed killer used on GM crop fields. The court then enjoined APHIS from deregulating GM alfalfa until an EIS could be completed and further enjoined the seeds’ sale and planting beyond sales already made in March 2007. Farmers who had purchased the seed were allowed to plant it that year. Writing for the majority, Justice…
Health Canada has issued a proposed policy intent that would update current gluten-free labeling guidelines to reduce risks related to the accidental consumption of undeclared gluten and expand choices for consumers following a gluten-free diet. Gluten, a protein found in cereal grains such as wheat, barley and rye, can trigger the autoimmune disorder celiac disease (CD). Although oats do not contain gluten, food products containing oats currently cannot use the term “gluten-free” on labeling in the event they have been inadvertently contaminated with gluten from other grains during harvesting, processing or transportation. Since that policy was enacted, however, Health Canada has concluded that individuals with CD who can tolerate oats may benefit from consumption of uncontaminated oats (those “specifically produced to be free of gluten from other cereals”). The agency is accepting public comments until July 11, 2010. See Health Canada Website, May 10, 2010.
Oral argument in litigation over whether the U.S. Department of Agriculture (USDA) properly deregulated a genetically engineered (GE) alfalfa seed took place before the U.S. Supreme Court on April 27, 2010. Monsanto Co. v. Geertson Seed Farms, No. 09-475 (U.S.). The Ninth Circuit imposed a ban on use of the GE seed until the USDA completes an environmental impact statement that accounts for potential contamination of conventional alfalfa crops. While several justices questioned the appellate court’s authority to fully ban the product’s sale, Justice Antonin Scalia contended that GE crop planting “doesn’t even destroy the current plantings of non-genetically engineered alfalfa. This is not the end of the world. It really isn’t. The most it does is make it difficult for those farmers who want to cater to the European market, which will not accept genetically engineered alfalfa.” According to press reports, environmentalists and agribusiness, watching the case closely, filed…
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