Category: Issue 479
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Court Dismisses Consumer-Fraud Claims for Chocolate Products Not Purchased
A federal court in California has dismissed consumer-fraud putative-class claims filed in a first amended complaint against the Ghirardelli Chocolate Co., alleging violations pertaining to white chocolate products that the named plaintiff did not purchase. Miller v. Ghirardelli Chocolate Co., No. 12-4936 (N.D. Cal., order entered April 5, 2013). Details about a similar order entered…
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SHB Public Policy Group Spearheads Victory in Texas Supreme Court on Damages in Pet Injury Cases
SHB’s Public Policy Group recently contributed to a favorable outcome for animal medicine manufacturers in the Supreme Court of Texas, which ruled in Strickland v. Medlen that emotion-based damages, including loss of companionship and sentimental damages, are not permitted in pet injury claims in Texas. Presenting on behalf of amici during oral argument, SHB Partner Victor Schwartz…
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California Lists BPA as Reproductive Toxicant Under Prop. 65
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has added bisphenol A (BPA) to the “list of chemicals known to the State to cause reproductive toxicity for purposes of Proposition 65” (Prop. 65). The listing, which will require warnings to consumers, took effect April 11, 2013. Failure to provide the warnings can result in…
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FSA to Consolidate Food Safety Rules
The U.K. Food Standards Agency (FSA) has launched public consultations on two sets of proposed legislation, “The Contaminants in Food (England) Regulations 2013” and “The Food Additives, Flavourings, Enzymes, and Extraction Solvents (England) Regulations 2013.” The first set of regulations related to food contaminants will revoke the 2010 version and take into account new European…
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WHO Issues Global Alert on New Strain of Avian Influenza (H7N9)
The World Health Organization (WHO) has issued a global alert and response update on a new strain of novel avian influenza A (H7N9) virus identified by Chinese health officials, who have apparently confirmed 38 cases resulting in 10 fatalities. According to WHO, which has not yet recommended any trade or travel restrictions, there is no…
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NTP Seeks Information on Folic Acid Safety
The National Toxicology Program (NTP) and the Office of Dietary Supplements are seeking information and comments on an approach document titled “Identifying Research Needs for Assessing Safe Use of High Intakes of Folic Acid.” According to NTP, the information gathered through the request will be used to prioritize topics for a workshop the agency is planning…
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BPA and Obesity Case Study to Illustrate NTP’s Literature Review Approach
The National Toxicology Program (NTP) will host an April 23, 2013, Webinar to discuss case studies on the alleged health effects of bisphenol A (BPA) and the chemicals perfluorooctanoic acid and perfluorooctane sulfonate. The studies are intended to illustrate how the NTP Office of Health Assessment and Translation will implement its draft systematic literature-based review…
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FDA Proposes Fees to Finance FSMA Implementation
The U.S. Food and Drug Administration (USDA) has proposed two new fees—a food import user fee and a food facility and inspection fee that the agency says will “enhance the safety protections for imported food and feed” as well as support “new and improved activities required by the Food Safety Modernization Act (FSMA) to modernize…