Category: Issue 485
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Court Allows “Antioxidant” Claims to Proceed as to Certain Teas
A federal court in California has granted in part and denied in part the motion to dismiss filed by Twinings North America, Inc. to the second amended putative class complaint filed by a woman who alleged that she paid a premium for the company’s green, black, white, and red teas relying on their purportedly misleading…
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Court Rules “100% Natural” False Ad Claims May Proceed in GM Soup Ingredient Suit
A federal court in Florida has determined that a putative statewide class is not preempted under federal law from claiming that the presence of genetically modified (GM) corn in Campbell Soup Co. vegetable soups renders its “100% Natural” labeling representations false. Krzykwa v. Campbell Soup Co., No. 12-62058 (S.D. Fla., order entered May 24, 2013). The…
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Ninth Circuit Upholds Deregulation of GM Alfalfa
The Ninth Circuit Court of Appeals has upheld a lower court ruling affirming the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) decision that genetically modified (GM) alfalfa is not a “plant pest” and thus that it lacked authority to stop its deregulation or to consult with the Fish and Wildlife Service…
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EFSA Issues New Guidance for Environmental Risk Assessment of GM Animals
The European Food Safety Authority (EFSA) has published new guidance on ways of assessing the potential risks of producing genetically modified (GM) animals, including fish, insects, mammals, and birds. Although EFSA reports that it has not yet received any applications for GM animals, the European Commission evidently requested that the agency develop environmental risk assessment (ERA) guidance…
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FDA Issues Notice on Study of Consumer Responses to Nutrition Labels
The Food and Drug Administration (FDA) has issued a notice about a collection of information titled “Experimental Study on Consumer Responses to Nutrition Facts Labels with Various Footnote Formats and Declaration of Amount of Added Sugars” that the agency has submitted to the Office of Management and Budget for review. FDA reported that it plans…
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DGAC Meeting to Update Dietary Guidelines
The U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA) have announced two public meetings of the 2015 Dietary Guidelines Advisory Committee (DGAC) on June 13 and June 14, 2013, in Bethesda, Maryland. With an aim to create an updated version of its Dietary Guidelines for Americans report, required…
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USDA Issues Revised COOL Rule
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has issued a final rule amending the Country of Origin Labeling (COOL) regulations to comply with a World Trade Organization (WTO) appellate ruling that certain provisions relating to muscle cut meat commodities were inconsistent the WTO Agreement on Technical Barriers to Trade (TBT Agreement), which…
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FTC Slates Packaging and Labeling Regulations for Review
The Federal Trade Commission (FTC) has issued a modified 10-year review schedule that includes Fair Packaging and Labeling Act regulations among those for which the agency plans to request public input in 2013 as to their need, costs, benefits, and burdens. Specifically at issue are the regulations under sections 4 and 5(c), exemptions from requirements under…