Category: Issue 460
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FTC Accepts FDA-Compliant Advertising for Foods
University of Wyoming College of Law Professor Mary Dee Pridgen has updated a treatise titled Consumer Protection and the Law to reflect recent developments in Federal Trade Commission (FTC) enforcement of its 1995 policy statement on food advertising. As she notes, although FTC and the Food and Drug Administration (FDA) have overlapping authority to police…
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Court Says Only Chemicals Known to Cause Cancer May Be Added to Prop. 65 List
A California appeals court has determined that the Office of Environmental Health Hazard Assessment (OEHHA) may not add styrene or vinyl acetate to the Proposition 65 (Prop. 65) list of chemicals known to the state to cause cancer because they have been identified as “possible” but not known carcinogens. Styrene Info. & Research Ctr. v.…
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ABC News Seeks to Dismiss $1.2 Billion “Pink Slime” Lawsuit
After removing to federal court a defamation lawsuit brought by the company that makes lean finely textured beef (LFBT), ABC News has reportedly filed a motion to dismiss claiming that its news stories referring to the product as “pink slime” are protected speech under the First Amendment. Beef Products, Inc. v. Am. Broadcasting Cos., Inc.,…
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ADA Class Settlement Will Require Burger King to Make Restaurants Accessible
A federal court in California has approved the settlement of class claims that will require Burger King Corp. to remove barriers to wheelchair and scooter access at more than 75 of the restaurants it leases to franchisees in the state and pay $19 million to the settlement class. Vallabhapuapu v. Burger King Corp., No. 11-00667…
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Court Dismisses Claims That Food Supplements Contain Undisclosed Pork Byproducts
A federal court in Illinois has dismissed a putative class action filed against a nutritional supplement company by a Muslim woman who alleged that the company misled consumers by failing to disclose that some of its products contain an animal-based product. Lateef v. Pharmavite LLC, No. 12-5611 (N.D. Ill., decided October 24, 2012). The court…
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Australian Agency Calls for Nanotubes to Be Classified as Hazardous
Safe Work Australia, a government agency lacking regulatory authority, has recommended that multi-walled and single-walled carbon nanotubes be classified as hazardous unless they can be shown, on a case-by-case basis with toxicological or other data, to merit a different classification. The agency recently released a report titled “Human Health Hazard Assessment and Classification of Carbon…
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EFSA Holds BPA Consultation; UK Health Group Advocates BPA Ban
The European Food Safety Authority (EFSA) recently held a one-day meeting with scientific experts, member states and other Advisory Forum participants “to exchange each other’s previous or ongoing work related to the safety assessment of bisphenol A (BPA).” Part of the agency’s continuing BPA evaluation, the meeting covered previous risk appraisals and outlined EFSA’s “developing…
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GAO Urges FDA to Leverage Other Countries’ Oversight Resources
The Government Accountability Office (GAO) has issued a report recommending that the Food and Drug Administration (FDA) revise its approach when comparing foreign food safety systems with the U.S. system to better ensure the safety of imported food. Under the FDA Food Safety Modernization Act, FDA’s enhanced oversight of food imports includes express authority to…