The Food Safety and Inspection Service (FSIS) has announced the availability of final compliance guidelines for video monitoring at federally inspected establishments, such as meat and poultry plants. The guidelines, which have received Office of Management and Budget approval, stem from a 2008 USDA Office of Inspector General (OIG) recommendation that called for FSIS to determine whether such monitoring would be beneficial for “slaughterhouse establishments.” Additional information about the guidelines appears in Issue 369 of this Update. Although not mandatory, in-plant video monitoring can be used to strengthen food safety and humane animal-handling practices, and to monitor product inventory and building security, according to FSIS. The agency has provided the guide to help those plants choosing this method to create records for maintaining “compliance with [f]ederal regulations, including humane treatment of livestock and the use of good commercial practices in poultry.” It also “provides information on issues establishments should consider…
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A recent Harvard School of Public Health study has allegedly identified a “strong association” between red meat consumption, especially processed red meat consumption, and Type 2 diabetes. An Pan, et al., “Red meat consumption and risk of type 2 diabetes: 3 cohorts of US adults and an updated meta-analysis,” American Journal of Clinical Nutrition, August 2011. Researchers apparently analyzed data from three cohort studies: 37,083 men followed for 20 years in the Health Professionals Follow-Up Study; 79,570 women followed for 28 years in the Nurses’ Health Study I; and 87,504 women followed for 14 years in the Nurses’ Health Study II. The study’s authors also apparently conducted “an updated meta-analysis, combining data from their new study with data from existing studies that included a total of 442,101 participants, 28,228 of whom developed type 2 diabetes during the study.” According to an August 10, 2011, Harvard School of Public Health press…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a proposed rule that would require raw meat and poultry products that contain injected marinades or solutions to be named in a way that clearly distinguishes them from 100 percent meat or poultry products. According to FSIS, consumers are likely unaware that“enhanced products” may contain increased levels of sodium because current labels are unclear as to whether a solution has been added. For example, under current rules, 100 percent chicken breasts and products containing 60 percent chicken and 40 percent solution may both be called and labeled “chicken breast.” The latter product must indicate that a solution has been added, but manufacturers have been doing so in typefaces and fonts that can be difficult to read. To avoid misbranding, FSIS proposes that the labels feature (i) as the product’s “name” an accurate description of the product with the percent…
A federal court in Florida has dismissed without prejudice two putative class actions against Kraft Foods alleging that the packaging for its Oscar Mayer® deli meat products misleads consumers about their actual fat content. McDougal v. Kraft Foods, Inc., No. 11-61202; Rogel v. Kraft Foods, Inc., No. 11-61281 (S.D. Fla., decided June 23, 2011). The plaintiffs filed voluntary dismissal notices in the cases, one of which is discussed in Issue 396 of this Update. A company spokesperson reportedly indicated when the McDougal complaint was filed that the allegations were unfounded. See Law360, June 23, 2011.
The World Cancer Research Fund/American Institute for Cancer Research (WCRF/AICR) has issued a colorectal cancer report allegedly concluding “that red and processed meat increase risk of the disease.” Part of the groups’ Continuous Update Project, which in 2007 covered 749 papers on colorectal cancer, the 2011 report reviews 263 additional papers examining “the links between colorectal cancer risk and diet, physical activity and weight.” According to a May 23, 2011, press release, the findings provide “convincing evidence that both red and processed meat increase colorectal cancer risk,” while “foods containing fiber offer protection.” Billed by WCRF/AICR as “the most comprehensive and authoritative report on colorectal cancer risk ever published,” the meta-analysis also suggested that “ounce for ounce, consuming processed meat increases risk twice as much as consuming red meat.” WCRF/AICR recommends that “people limit consumption to 18 ounces (cooked weight) of red meat a week – roughly the equivalent of…
According to a news source, a Florida resident has filed a putative class action against Kraft Foods Global, Inc., alleging that the packaging for its Oscar Mayer® deli meat products misleads consumers by declaring the meat to be 98 percent fat free, with 50 calories per serving. McDougal v. Kraft Foods, Inc., No. 11-61202 (S.D. Fla., filed May 23, 2011). The plaintiff contends that consumers are misled to believe that just 2 percent of the 50 calories come from fat, when 20 percent of the calories per serving actually come from fat. Seeking to certify statewide and nationwide classes, the plaintiff alleges violation of consumer protection laws, breach of express warranty and unjust enrichment. The complaint is similar to one filed in a different federal district in Florida in April. Additional details about that lawsuit appear in Issue 391 of this Update. See Law360, May 24, 2011.
The Center for Science in the Public Interest (CSPI) has filed a citizen petition “requesting that the administrator of the Food Safety and Inspection Service (FSIS) . . . issue an interpretive rule declaring certain delineated strains of antibiotic-resistant [ABR] Salmonella, when found in ground meat and ground poultry, to be adulterants” under federal law. In re: CSPI Petition, No. __ (USDA FSIS, filed May 25, 2011). Noting that FSIS declared E. coli an adulterant in 1994, the petition contends, “Scientific and medical research demonstrates that contamination of meat and poultry by ABR strains of Salmonella poses grave public health dangers that are comparable to those posed by E. coli 0157:H7 in 1994.” According to the petition, several ABR strains in ground meat and poultry products have resulted in recalls, outbreaks and deaths. Seeking expedited review, CSPI claims that 36 documented outbreaks, causing thousands of illnesses and some deaths, were…
A Florida resident has alleged in a putative class action that Kraft Foods and Hormel Foods deceive the public by selling their prepackaged retail sandwich meat products in a way that suggests they contain far less fat than they actually do. Kuenzig v. Kraft Foods, Inc., No. 11-00838 (M.D. Fla., filed April 18, 2011). The companies allegedly state on their product labels that the sliced ham, turkey and other deli-style meats are 95, 96, 97, or 98 percent fat-free and juxtapose this information with a calorie count per serving. According to the plaintiff, this leads consumers to believe that of the 50 calories in a serving, for example, less than 5 percent comes from fat. Because the products could actually derive one-half of their calories from fat, the plaintiff contends that health-conscious consumers “will continue to be surprised to learn that Products they’ve purchased—and perhaps have repurchased for years—are about ten…
U.S. attorneys in New York have reportedly secured court approval of a consent decree with three companies that allegedly exported meat containing vertebral column to Japan in violation of U.S. trade requirements. The settlement resolves an action filed in March 2011 alleging that the companies exported veal containing ineligible bone and tissue fragments, which action resulted in Japan closing its borders to all U.S. beef products for six months, purportedly costing the industry $500 million in losses. Details about the case appear in Issue 385 of this Update. Under the agreement, the companies neither admit nor deny the allegations,but they agree to “permanently provide additional access,record-keeping,and reporting in order to ensure ongoing compliance.” The decree alsoentitles the United States “to substantial andescalating monetary relief in theevent of future violations for the next three years--$10,000 for the first violation,$25,000 for the second,and $50,000 for each violation thereafter.” Thedecree allows the U.S.…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has proposed a procedural change that would allow inspectors to keep meat and poultry products from commerce “until FSIS test results for harmful substances are received.” FSIS currently recommends that processors and official import establishments hold sampled products pending test results, but has evidently concluded that his voluntary measure has allowed adulterated shipments to enter the market. “Therefore, FSIS is announcing its tentative determination not to apply the mark of inspection until negative results are available and received for any testing for adulterants,” stated the agency, which will accept comments on the proposal for 90 days after publication in the Federal Register. FSIS has argued that a mandatory “test and hold” requirement will “substantially reduce serious recalls for meat and poultry.” Along with the agency’s new and revised performance standards to reduce Salmonella and Campylobacter incidence in young chickens and…
