Food & Beverage Litigation & Regulatory Update

Category: Issue 356

  • Change to Cadmium Prop. 65 Maximum Allowable Dose Level Proposed

    California EPA’s Office of Environmental Health Hazard Assessment has issued a notice indicating that it has proposed adding the qualifier “oral” to the maximum allowable dose level (MADL) for cadmium. Apparently, this qualifier was inadvertently omitted when the MADL of 4.1 micrograms per day was adopted under Proposition 65 (Prop. 65) in 2002. Comments must…

  • FSA Targeted as Next Victim of Coalition Government’s Austerity Measures

    The UK Food Standards Agency (FSA) is reportedly the next target of the new Conservative-Liberal Democrat coalition government and Secretary of State for Health Andrew Lansley, who has released a white paper pledging to cut the National Health Service (NHS) and abolish quasi-governmental organizations “that do not need to exist.” Although a structural plan published alongside…

  • European Commission Issues New Recommendation for GM Crops

    The European Commission has proposed legislation that would allow member states to set their own policies for regulating genetically modified (GM) crops. If approved by the European Parliament and individual governments, the proposal would permit countries to approve, restrict or prohibit the cultivation of GM crops, even those deemed safe by the scientific mechanisms currently…

  • FDA Announces Information Collection on Food Labeling Regulations

    The Food and Drug Administration (FDA) has submitted to the Office of Management and Budget a proposed information collection related to food labeling regulations. According to FDA, these regulations govern the submission of food labeling petitions and require food producers to: (i) disclose specific information about themselves or their products on labeling; (ii) retain records…

  • FDA Seeks Comments on Federal Law Requiring Calorie Postings on Menus, Vending Machines

    The Food and Drug Administration (FDA) is seeking public comments on a new federal law that requires certain chain restaurants and retail food operations to post the calorie content of individual items on menus, menu boards and drive-through menu boards. Enacted March 23, 2010, section 4205 of the Affordable Care Act applies to food establishments…

  • FTC Settles First Probiotics Advertising Case, Nestlé to Stop Touting Health Benefits

    The Federal Trade Commission (FTC) has announced a settlement with Nestlé HealthCare Nutrition, Inc., which the agency contends has deceptively marketed a children’s drink, BOOST Kid Essentials®, as a product clinically shown to reduce illness in children by strengthening the immune system and helping them recover more quickly from diarrhea. The beverage, intended for children…

  • Congressman Asks FDA to Investigate Toxins in Gulf of Mexico Seafood

    U.S. Representative Edward Markey (D-Mass.) has called on the Food and Drug Administration (FDA) to respond to reports that the April 20, 2010, oil spill has contaminated the marine food chain in the Gulf of Mexico with toxins such as arsenic. In a July 13 letter to FDA Commissioner Margaret Hamburg, Markey expressed concern “that…

  • Schumer Urges FTC to Investigate Alcoholic-Energy Drinks

    U.S. Senator Chuck Schumer (D-N.Y.) has asked the Federal Trade Commission (FTC) to investigate the marketing of certain caffeinated malt beverages that “seem to be explicitly designed to attract underage drinkers” and to determine whether new enforcement actions are warranted. In a July 12, 2010, press release, Schumer singled out popular drinks “that appear hip…