Category: Issue 481
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Legal Issues Raised If Sugar Is Deemed “Addictive”
In a recently published article, psychology and law professors discuss research tending to show that the low-cost, highly refined, widely available sugars consumed by Americans may fit the developing definition of an addictive substance and consider whether such a finding would justify a range of legal and regulatory responses. Ashley Gearhardt, et al., “If Sugar…
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Honey Farmers Bring RICO Actions Against Importers
According to news sources, several U.S. beekeeping companies have filed lawsuits under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), alleging that the defendant companies illegally imported honey from China thus evading millions of dollars in anti-dumping duties and depressing the price for domestic honey. Moore v. Groeb, No. 13-2905 (N.D. Ill., filed April 17,…
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Court Declares Missed Food-Safety Rule Deadlines an FSMA/APA Violation
A federal court in California has determined that the Food and Drug Administration (FDA) has violated the Food Safety Modernization Act (FSMA) and Administrative Procedure Act (APA) by failing to promulgate, within FSMA deadlines, food-safety rules that implement the law. Ctr. for Food Safety v. Hamburg, No. 12-4529 (N.D. Cal., decided April 22, 2013). According to the…
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Following Court Mandate, OEHHA Removes BPA from Prop. 65 List
After a state court in California granted the American Chemistry Council’s (ACC’s) request for preliminary injunction and ordered Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA) to remove bisphenol A (BPA) from the list of chemicals known to the state to cause reproductive toxicity, OEHHA did so. OEHHA had argued that ACC’s request to enjoin…
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Denmark Repeals Beverage Tax
Citing the loss of millions of euros, the Danish government is reportedly abandoning its 80-year tax on soft drinks because consumers are crossing the border to shop in Germany instead. “This decision is the result of concerted efforts to highlight the negative impact of the tax,” said Niels Hald, secretary general of the Danish soft…
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Brazilian Regulator Fines McDonald’s over Happy Meal® Promotion
The consumer regulatory agency of Sao Paulo, Brazil, has reportedly fined McDonald’s US $1.6 million for allegedly marketing to children. Procon SP has claimed that franchisee Arcos Dorados Holdings Inc. violated the state’s consumer code by using children’s characters and toys to promote Happy Meals®. “This is not an isolated case,” a Procon SP lawyer…
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Federal Agencies Prepare Draft Positions for Codex Alimentarius Meeting
The U.S. Department of Agriculture and Food and Drug Administration have announced a June 18, 2013, public meeting in Washington, D.C., to provide information and receive public comments on agenda items and draft U.S. positions for discussion at the 36th Session of the Codex Alimentarius Commission in Rome on July 1-5. Agenda items include (i)…
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Food Trade Groups Urge Congress to Reject Proposed FSMA Fees
Several dozen trade associations representing the interests of food and beverage producers, processors, shippers, and retailers have submitted their concerns about the Obama administration’s proposed 2014 Food and Drug Administration (FDA) budget, which includes $59 million in food facility registration and inspection fees to fund FDA activities under the Food Safety Modernization Act (FSMA). In…