Category: Issue 332
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Federal Appeals Court Denies Class Certification in Pet Food Litigation
The Ninth Circuit Court of Appeals has determined that pet food mislabeling claims should not be certified as a class action because the named plaintiff failed to satisfy the predominance requirement of Federal Rule of Civil Procedure 23(b)(3). Kennedy v. Natural Balance Pet Foods, Inc., No. 08-56378 (9th Cir., decided January 6, 2010) (not for…
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U.S. Attorney Announces Plea Deal in Tomato Industry Corruption Case
The U.S. Attorney in Sacramento, California, has announced that a former purchasing manager for Safeway Inc. has agreed to plead guilty to two counts of wire fraud “in connection with an ongoing federal investigation into various illicit activities in the tomato processing industry.” According to the announcement, Michael Chavez has admitted that “while working at…
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Beef Group Challenges EPA Climate Change Finding
The National Cattlemen’s Beef Association has filed a challenge to the Environmental Protections Agency’s (EPA’s) finding that manmade greenhouse gas emissions (GHGs) endanger human health and the environment. Filed by a coalition of interested parties in the D.C. Circuit Court of Appeals on December 23, 2009, the petition calls for the court to determine that…
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WHO Board to Discuss Food Marketing Targeting Kids
The 34-member Executive Board of the World Health Organization (WHO) is scheduled to discuss 12 specific recommendations for protecting children from the marketing of unhealthy food and non-alcoholic beverages at the board’s upcoming 126th session slated for January 18-23, 2010, in Geneva. The proposed mechanisms for promoting “responsible” marketing of such fare are contained in…
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NIOSH Director Expresses Concerns on Safety of Diacetyl Substitutes
Following a December 16, 2009, National Institute for Occupational Safety and Health (NIOSH) “green” workshop, NIOSH Director John Howard wrote to the head of the Occupational Safety and Health Administration to indicate that “many of the chemicals and materials used as alternatives to diacetyl for imparting butter flavor to flavoring mixtures and food products are…
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U.S. Codex Delegates Schedule Meeting to Discuss Dairy Issues
The U.S. Department of Agriculture’s Office of Food Safety and the Agricultural Marketing Service have announced a January 13, 2010, public meeting in Washington, D.C., to provide information and receive comments on draft U.S. positions to be discussed at the 9th Session of the Codex Committee on Milk and Milk Products (CCMMP) February 1-5 in…
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DeLauro Urges Labels for Mechanically Tenderized Beef, Pork
Representative Rosa DeLauro (D-Conn.) has responded to the recent recall of 248,000 pounds of blade-tenderized steaks by urging the U.S. Department of Agriculture (USDA) “to require labeling that clearly identifies mechanically tenderized beef and pork products for all processing facilities, retailers and consumers.” USDA’s Food Safety and Inspection Service (FSIS) issued the Class I recall…
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EPA Takes Steps to Limit or Ban Phthalates
The Environmental Protection Agency (EPA) has announced that it will take a series of actions on four chemicals that purportedly raise serious health or environmental concerns, including phthalates, which are plasticizers used in a wide array of consumer products. The agency will establish a “Chemicals of Concern” list under the Toxic Substances Control Act and…