The U.S. Department of Agriculture’s National Organic Program has announced a public meeting of the National Organic Standards Board (NOSB) on October 28-30, 2014, in Louisville, Kentucky. The meeting will include recommendations from the board’s six subcommittees on a wide range of topics, including “substances petitioned to the National List of Allowed and Prohibited Substances (National List), substances on the National List that require NOSB review before their 2015 and 2016 sunset dates, updates from working groups on technical issues, and amendments to guidance on organic policies.” In particular, the Handling Subcommittee intends “to take up the issue of whether to prohibit BPA [bisphenol A] in packaging material used for organic foods in light of mounting evidence that it may be harmful.” To this end, NOSB plans to prioritize research dedicated to finding “suitable alternatives for the linings of cans used for various organic products such as tomatoes, beans and…
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The U.S. Environmental Protection Agency (EPA) has published preliminary materials for the Integrated Risk Information System (IRIS) toxicological review of diisononyl phthalate (DINP), a plasticizer used in food-contact materials.Slated for discussion at the IRIS Bimonthly Public Science Meeting to be held October 29-30, 2014, in Arlington, Virginia, the preliminary materials include (i) “a planning and scoping summary,” (ii) “information on the approaches used to identify pertinent literature,” (iii) “results of the literature search,” (iv) “approaches for selection of studies for hazard identification,” (v) “presentation of critical studies in evidence tables and exposure-response arrays,” and (vi) “mechanistic information for DINP.” In addition to feedback on these general topics, EPA has specifically requested public comment and discussion on “DINP-induced liver effects, including spongiosis hepatis”; “the evidence for DINP-induced male reproductive toxicity; “the relevance of the xenograft and ex-vivo tissue studies”; the human relevance of animal studies associating mononuclear cell leukemia with DINP…
A district court erred in denying class certification and granting summary judgment to Sturm Foods and its parent company Treehouse Foods in a putative class action accusing the coffee manufacturer of misleading consumers to believe its Keurig-compatible coffee pods contained high-quality coffee rather than low-quality instant coffee, the Seventh Circuit Court of Appeals has decided. Suchanek v. Sturm Foods, Inc., No. 13-3843 (7th Cir., order entered August 22, 2014). The court found that the district court’s reasoning for denying class certification would make consumer class actions nearly impossible. Combined from four separate consumer protection lawsuits, the case centers on Sturm’s Grove Square Coffee (GSC) pods. The Keurig K-Cup typically contains ground coffee beans and a filter system, but the filter technology was protected by a patent until 2012. In 2010, Sturm began manufacturing pods that could be used in Keurig brewers, but to avoid infringing the patent, the company apparently…
A Michigan federal court has denied a motion filed by FPC Flexible Packaging Corp. and The International Group, Inc. to dismiss evidence for spoliation in a case accusing the packaging company and the wax maker of providing Kellogg defective cereal liners, resulting in a $70 million recall. Kellogg Co. v. FPC Flexible Packaging Corp., No. 11-272 (U.S. Dist. Ct., W.D. Mich., S. Div., order entered August 12, 2014). Kellogg allegedly received several consumer complaints of unusual odors in its products, and the company said it obtained samples of products from two of the consumers. The cereal samples have since disappeared, but Kellogg preserved a piece of the plastic liner provided by one of the consumers. International and FPC argued that the loss of evidence could not have been accidental because Kellogg managed to keep the sample of the liner, but the court dismissed their arguments. “An appropriate jury instruction addressing the use…
Directed by Congress to conduct an independent review of the styrene assessment in the National Toxicology Program’s (NTP’s) 12th Report on Carcinogens (12th RoC), the National Academies National Research Council (NRC) recently issued a report concurring that there is “compelling evidence… to support a listing of styrene as, at a minimum, reasonably anticipated to be a human carcinogen.” Deemed “a substance of interest” because many people are exposed to it through environmental sources, styrene is used in food packaging and “a broad spectrum of products, including latex paints and coatings; synthetic rubbers; construction materials, such as pipes, fittings, and lighting fixtures; packaging; household goods, such as synthetic marble, flooring, and molded furnishings; and automotive parts.” According to NRC, which reviewed the primary literature cited in the 12th RoC, NTP “adequately documented that exposure to styrene occurs in occupational settings and in the general public regardless of smoking status.” Concluding there…
The Third Circuit has reversed a Michigan district court’s dismissal in a case alleging that H.J. Heinz Co. stole the idea for the “Dip & Squeeze” ketchup packet from plaintiff David Wawrzynski, an inventor who had proposed the idea to the company in 2008. Wawrzynski v. H.J. Heinz Co., No. 13-4100 (3d Cir., order entered July 21, 2014). Wawrzynski owned a 1997 patent for a condiment packet that allowed users to dip food into it. From that idea, he developed a “separate and distinct” condiment packet that he called the Little Dipper, which allowed users to either dip food into it or squeeze out the contents. He met with Heinz in 2008 and discussed the possibility of selling the idea to the company, but they never reached a deal. Later, Heinz released its Dip & Squeeze ketchup packet, which allows users the option of dipping food directly into it or…
The District of Columbia City Council this week overrode Mayor Vincent Gray’s veto of the 2015 budget, which includes a directive for the issuance of “healthy food and beverage standards” for vending machine and other concession offerings sold or served on District government property. Encouraging fare that includes fruits, vegetables and other offerings low in calories and sodium, the Workplace Wellness Emergency Act of 2014 standards will “apply to foods and beverages purchased or served by District agencies, including at meetings, events, in vending machines, and through on-site vendors, with the exception of food served by the Department of Corrections and the Department of Behavioral Health to persons who reside at their institutions or are in their direct custody.” The council also reportedly approved a proposal to prohibit polystyrene foam food and beverage containers beginning in 2016; meat trays will be exempt from the ban. See The Washington Post, July…
A study published this week by researchers associated with the Zurich, Switzerland-based Food Packaging Forum has sounded the alarm about the number of allegedly hazardous substances contained in food packaging or those that may contaminate food during production, processing, storage and transportation. Birgit Geueke, et al., “Food contact substances and chemicals of concern: a comparison of inventories,” Food Additives & Contaminants: Part A, published online July 7, 2014. The researchers reportedly compared the inventories of three food contact material (FCM) databases—the Pew Charitable Trusts’ list of legal direct and indirect food additives, the EU-wide positive list for plastic FCMs and the European Food Standard Authority’s 2011 non-plastics FCM substances list—with the Substitute It Now! (SIN) list 2.1 and the TEDX database of endocrine-disrupting chemicals. Ultimately identifying 175 substances “with hazardous properties,” they found “(1) gaps in the regulation of FCMs and (2) how knowledge from different authorities and organizations could…
Food Standards Australia New Zealand (FSANZ) has issued the first phase of its Australian Total Diet Study (ATDS), which analyzed chemicals in Australian foods and beverages and concludes that acrylamide and aluminum levels are lower than or consistent with those found in similar foods in other countries. Still, FSANZ CEO Steve McCutcheon said that it was working with industry “to look at ways to reduce acrylamide levels in food, such as encouraging industry to use enzymes that reduce acrylamide formation.” Aluminum levels, which are at their highest levels in cakes, pikelets and pancakes, evidently showed “a slight exceedance for 2-5 year old high consumers.” According to FSANZ, this exceedance is unlikely to “represent a public health and safety issue—however, FSANZ is investigating whether the current permissions for aluminum-containing food additives are still appropriate.” The second ATDS phase will focus on chemicals such as bisphenol A, phthalates and perfluorinated compounds. See…
The Chicago City Council has reportedly passed, 36-10, a ban on plastic bags at chain stores (i.e., at least three locations with the same owner) beginning in August 2015 for those larger than 10,000 square feet and August 2016 for smaller establishments. The prohibition follows several months of debate on the measure, with environmental advocates contending that the ban will reduce the number of bags littering the city and store owners arguing that more expensive paper bags will lead to higher prices. See Chicago Tribune, April 30, 2014. Issue 522
