U.S. Representative Steve Israel (D-N.Y.) has introduced a bill (H.R. 1486) that would amend federal labeling laws concerning trans fat content in food. The Trans Fat Truth in Labeling Act of 2011 would “direct the Commissioner of Food and Drugs to revise the federal regulations applicable to the declaration of the trans fat content of a food on the label and in the labeling of the food when such content is less than 0.5 gram.” Effective 18 months after the date of enactment, the law would (i) “require that the nutrition information on the label or labeling on an applicable food contain an asterisk or another similar notation and a note to indicate that the food has a low trans fat content per serving” and (ii) “prohibit the label or labeling on an applicable food from indicating that trans fat content per serving is zero.” Applicable foods would be defined…
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Walmart has unveiled a plan to provide healthier food choices at reduced prices, setting specific targets for lowering sodium, trans fats and added sugars in thousands of packaged foods by 2015. Joined by first lady Michelle Obama at an event in Washington, D.C., the major grocer outlined key elements of the initiative that built on her “Let’s Move” campaign to make healthy choices more convenient and affordable. The initiative includes (i) reducing sodium by 25 percent in grain products, luncheon meats, salad dressings, and frozen entrees; (ii) reducing added sugars by 10 percent in dairy items, sauces and fruit drinks; (iii) removing “all remaining industrially produced trans fats” in packaged foods; (iv) making healthier choices more affordable through a “variety of sourcing, pricing and transportation and logistics initiatives”; (v) developing “strong criteria for a simple front-of-package seal” to identify “truly healthier food options”; (vi) “providing solutions to address food deserts…
A Case Western Reserve University School of Medicine researcher has called for the Food and Drug Administration (FDA) to change its trans fat labeling guidelines to reflect more accurate levels of the fat in foods. Eric Brandt, “Deception of Trans Fats on Food and Drug Administration Food Labels: A Proposed Revision to the Presentation of Trans Fats on Food Labels,” American Journal of Health Promotion, January/February 2011. Current FDA regulations allow trans fat content of less than .5 grams to be listed as 0 grams of fat on food labels. Brandt claims that the policy is misleading and “may result in people thinking they are consuming foods with no trans fats, when in fact they may be consuming food that cumulatively include trans fats in excess of 1 percent of total dietary consumption.” He recommends that trans fat content be labeled in .1-gram increments.
In a ruling left unchallenged when the appeal period expired, a federal court in California has determined that a plaintiff bringing state law claims about alleged misleading food labels involving trans fat were preempted by federal law and that he lacked standing as a consumer to bring a claim under the Lanham Act, which protects competitors’ interests. Peviani v. Hostess Brands, Inc., No. 10-2302 (C.D. Cal., decided November 3, 2010). The plaintiff alleged on behalf of two nationwide classes that the marketing for six 100-calorie pack Hostess Brands products violated various California consumer-fraud laws because the company represented that the products contain “0 Grams of Trans Fat” when they actually contain partially hydrogenated oils, or artificial trans fat. According to the court, federal food-labeling laws allow the use of the phrase “0 Grams of Trans Fat” for those products containing less than 0.5 gram per serving and forbid states from…
A federal court in California, presiding over two putative class actions alleging that I Can’t Believe It’s Not Butter!®, Country Crock® and other cholesterol-free margarines were falsely advertised as nutritious, has denied a joint motion for preliminary approval of a class settlement. Red v. Unilever PLC, No. 10-00387 (N.D. Cal., order filed November 16, 2010). The court was concerned about “the waiver of certain damages claims and need for opt-out in a Federal Rule of Civil Procedure 23(b)(2) injunctive class where the proposed class received no monetary relief.” Scheduling a settlement hearing for the parties with a special master on or before December 13, 2010, the court allowed the parties to continue negotiating and expanded the special master’s authority “to negotiate a revised settlement to address the Court’s concerns.” The cases, filed in 2009, involve claims that butter-substitute makers have violated consumer protection laws by promoting their products as “healthy”…
The Baltimore City Health Department has reportedly issued its first environmental citation for repeat violations of the city’s trans fat ban. According to an October 25, 2010, press release, the department fined Healthy Choice $100 after inspectors twice found the Lexington Market food vendor using “a margarine product with trans fat levels in excess of 0.5 grams per serving.” “Businesses can make it easier for people to live healthier lives by simply replacing the use of partially hydrogenated vegetable oil with a healthier alternative,” Baltimore’s health commissioner was quoted as saying. “While we are pleased with the high rates of compliance we’ve seen since the ban took effect, we will continue to sanction businesses that repeatedly fail to comply.” See City of Baltimore Health Department Press Release, October 25, 2010.
A federal court in California has dismissed on preemption and standing grounds a number of state-law claims against The Quaker Oats Co. in a lawsuit alleging that the company falsely advertises its Chewy Bars® as containing “0 grams trans fat” when the ingredient list labeling includes hydrogenated vegetable oil. Chacanaca v. The Quaker Oats Co., No. 10-0502 (N.D. Cal., decided October 14, 2010). So ruling, the court lifted a discovery stay order and scheduled a case management conference for December 16, 2010. The defendant sought judgment on the pleadings at the outset of the action, arguing that “the doctrines of express preemption, primary jurisdiction, and Article III standing warrant immediate dismissal of the entire case.” The court agreed to dismiss all state-law deception claims involving the “0 grams trans fat” statement, the “good source” of calcium and fiber statements and a statement that the product contains whole grain oats but lacks…
The Japanese Consumer Affairs Agency has reportedly unveiled draft guidelines that would ask food manufacturers to voluntarily disclose the trans fat content of their products. Intending to finalize the guidelines by the end of 2010, the agency has called for labeling that indicates the amount of trans fat per 100 grams or per meal. The guidelines not only reflect the mandatory measures taken by other countries, but apparently aim to reduce the incidence of cardiovascular disease. According to The Japan Times, “The agency is also considering legislation to make these kinds of food labeling mandatory.” See The Japan Times, October 9, 2010.
The Institute of Medicine (IOM) has released the first phase of its report on front-of-package (FOP) rating systems and symbols for food products and recommends that the nutrients of greatest concern to consumers—calories, saturated fats, trans fat, and sodium—as well as serving size, should be highlighted, with calorie-count and serving-size information displayed prominently. According to IOM, “The inclusion of total calories is one way to emphasize the importance of calories in the diet and may help consumers identify lower calorie foods and track the number of calories consumed, . . . [while] serving size information may help consumers better visualize realistic serving sizes and put that portion into context with the other foods and beverages they are consuming.” Sponsored by the Centers for Disease Control and Prevention and the Food and Drug Administration (FDA), the report, titled “Examination of Front-of-Package Nutrition Rating Systems and Symbols: Phase 1 Report,” examines and compares…
A recent study has suggested that mothers who consume diets high in trans fats could double the risk that their babies will have high levels of body fat. Alex Anderson, et al., “Dietary trans fatty acid intake and maternal and infant adiposity,” European Journal of Clinical Nutrition, September 2010. University of Georgia (UGA) researchers studied 95 mothers in three groups—those who fed their babies only breast milk, those who used only formula and those who used a combination—to determine the effect of trans fat intake through breast milk. They concluded that the mothers who consumed more than 4.5 grams of trans fats daily while breastfeeding were more than twice as likely to have babies with high percentages of body fat, or adiposity, than those who consumed less than 4.5 grams per day. “Trans fats stuck out as a predictor to increased adiposity in both mothers and their babies,” study co-author Alex Anderson…
