Category: Issue 447
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Court Denies Temporary Relief Sought in Challenge to Foie Gras Ban, Sets Briefing Schedule
A federal court in California has denied the ex parte request of foie gras producers to temporarily halt California’s enforcement of a ban on the sale of any product that is the result of force-feeding a bird for the purpose of enlarging its liver beyond normal size. Association des Éleveurs de Canards et d’Oies du Québec…
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Ninth Circuit Nixes Settlement of Frosted Mini-Wheats® False Ad Claims
The Ninth Circuit Court of Appeals has found the proposed cy pres distribution inappropriate and unacceptably vague and the attorney’s fees unreasonable in a settlement of class claims that the Kellogg Co. violated consumer protection laws by advertising its Frosted Mini-Wheats® cereal as a product that was clinically shown to improve children’s attentiveness by nearly…
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Montana High Court Rules Obesity May Be a Protected Disability
Responding to a question certified by a federal district court, a divided Montana Supreme Court has said that obesity which is not the symptom of a physiological condition may be a “physical or mental impairment” as the terms are used in the Montana Human Rights Act. BNSF Ry. Co. v. Feit, No. OP 11-0463 (Mont.,…
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Maine High Court Adopts Strict Liability Standard for Defective Food Products
The Maine Supreme Judicial Court has adopted the “reasonable consumer expectation” test to determine whether a boneless turkey product allegedly containing a bone was defective. Pinkham v. Cargill, Inc., No. 11-340 (Me., decided July 3, 2012). So ruling, the court vacated the lower court’s grant of summary judgment and remanded for further proceedings. Plaintiff Stanley…
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EFSA Approves First Cocoa Health Claim
The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA) has apparently concluded that scientific evidence supports an Article 13.5 health claim related to cocoa flavanols and normal blood flow. Submitted by chocolate manufacturer Barry Callebaut AG under Regulation (EC) No 1924/2006, the health claim application cited several human intervention studies…
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EFSA Issues Guidance for Demonstrating Food Additive Safety
The European Food Safety Authority (EFSA) has issued new guidance for the submission of food additive applications that reflects recent scientific advances as well as “the latest risk assessment principles.” Developed by EFSA’s Panel on Food Additives and Nutrient Sources Added to Food, the new data submission guidelines aim to streamline the testing process while…
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FSIS Posts Report on 35th Codex Session, rBST Continues to Generate Controversy
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has posted on its website a report from the 35th Session of the Codex Alimentarius Commission that convened in Rome earlier in July 2012. In addition to adopting a number of standards on food additives, food hygiene guidelines, maximum levels of melamine for liquid infant…
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USDA Grants Produce Safety Program Temporary Reprieve
The U.S. Department of Agriculture (USDA) has reportedly agreed to fund produce safety inspections through the end of 2012 despite the government’s failure to include the agency’s Microbiological Data Program (MDP) in next year’s budgets. According to media sources, neither the Obama administration nor Congress allocated resources for the 11-year-old program, which coordinates with local…