Category: U.S. Government and Regulatory Agencies
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FDA Questioning Health Claim Linking Soy and LDL Reduction
The U.S. Food and Drug Administration (FDA) is proposing to revoke an authorized health claim linking consumption of soy protein to reduction of the risk of heart disease. FDA first authorized the claim in 1999 after concluding that evidence supported the proposition that soy protein lowered low-density lipoprotein (LDL) cholesterol. The agency states that although…
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USDA Ends Consideration of Farmer Fair Practices Rules
The U.S. Department of Agriculture (USDA) has announced that it will take no further action to implement the Farmer Fair Practices Rules, which were reportedly created to allow farmers the power to sue corporate entities with whom they had contracted to produce livestock and poultry. In April 2017, USDA announced a delay of the effective…
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Fifth Generation to Discontinue Tito’s Taste-Test Ads After NAD Challenge
Fifth Generation, Inc. will reportedly discontinue advertising asserting that its Tito’s Handmade Vodka scored higher in taste tests than four of its competitors. Absolut Spirits Co. challenged the advertising claims before the National Advertising Division (NAD), arguing that the tests were completed before 2010 and are therefore outdated. Further, Absolut argued, the challenged ads implied…
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GAO Criticizes Lack of Oversight of Antibiotic Residue Levels in Imported Seafood
A U.S. Government Accountability Office (GAO) study has criticized the U.S. Food and Drug Administration (FDA) and the Department of Agriculture’s Food Safety Inspection Service (FSIS) for their failure to ensure that imported seafood does not contain unsafe levels of antibiotic or other drug residues. According to the GAO, about 90 percent of the seafood…
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Industry Group Sues USDA Over Delay of Organic Livestock Rule
The Organic Trade Association has filed a lawsuit to compel the U.S. Department of Agriculture (USDA) to implement the Organic Livestock Rule, which was scheduled to take effect on March 18, 2017. Organic Trade Ass’n v. U.S. Dep’t of Agric., No. 17-1875 (D.D.C., filed September 13, 2017). After 10 years of public process and hearing,…
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NAD Rules Ragú Sauce Provided “Reasonable Basis” for Customer Preference Ad Claim
The National Advertising Division (NAD) has ruled that Mizkan America, Inc. provided a reasonable basis for its advertising claim that “consumers prefer the taste of Ragú Homestyle Traditional over Prego Traditional.” The Campbell Soup Co., which makes Prego, challenged the ad on the grounds that Mizkan’s consumer survey methodology was flawed. Both parties conducted a…
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USDA Releases GMO Electronic Disclosure Study
Following a Center for Food Safety lawsuit seeking information on requirements in the 2016 Federal Bioengineered Food Safety Disclosure Standards Act, the U.S. Department of Agriculture (USDA) has released a study identifying potential challenges to implementation of electronic disclosure of genetically modified organism (GMO) content on food labels. The study considered whether consumers or retailers…
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Federal Court Clears Way for Seafood Traceability Program
A federal court has granted the U.S. Department of Commerce’s motion for summary judgment in a lawsuit aiming to block implementation of the Seafood Import Monitoring Program, which will require importers to document the catch-to-table distribution chain. Alfa Int’l Seafood, Inc. v. Sullivan, No. 17-0031 (D.D.C., entered August 28, 2017). A group of seafood processing,…