Fun with Food Labels

 Kim Ode and Rick Sennott of the Minneapolis Star Tribune went grocery shopping with me last week.  Here is Kim's story from the Sunday Variety section:

Grocery shoppers face a growing array of percentages, vitamins, adjectives and health claims up and down the aisles. The information is emblazoned on the packaging if it’s something the producer wants to tout, or in the smallest typeface allowable if the facts aren’t so encouraging. 

Not that some shoppers even care. 

“A lot of people shop only by price and flavor,” said Donna Byrne, a professor of law at William Mitchell College of Law in St. Paul where she teaches food law. She’s not judging, really; for many, price has to be a consideration. 

 Read more 

Of course, I had to go buy five copies for my mother. DMB

Haagen-Dazs Ice-Cream Recall

RECALL

According to the Food and Drug Administration (FDA), Nestle USA, owner of Haagen-Dazs ice cream, has issued a recall. The reason for the recall is mismatched packaging. Some containers of ice cream labelled as "Chocolate Chocolate Chip Ice Cream" contain "Chocolate Peanut Butter Ice Cream."

The recall notice states that Nestle is recalling 10,000 packages in the Eastern U.S., including in the District of Columbia, Delaware, Florida, Maryland, North Carolina, New Jersey, New York, Pennsylvania, South Carolina, Virginia, and West Virginia.

A consumer reported the mislabeled product to Nestle.

Under the Food Allergen Labeling and Consumer Protection Act, peanuts are a "major food allergen" and must be included on a product's label.


Neil Pederson, J.D. Expected 2015, William Mitchell College of Law.


Photo Credit: http://www.morguefile.com/archive/#/?q=ice%20cream

EVENT: "Is the GRAS process broken?"

The Food and Drug Law Institute (FDLI), a non-profit based in Washington D.C., is hosting a conference: "Is the GRAS process broken?" The event is set for July 23, 2014 in Washington, D.C. FDLI describes the event as a forum for dialogue, where experts"will explore whether there are holes in the system and the efficacy of the GRAS determination procedures."

FDLI is seeking attorneys, regulatory affairs specialists, scientists, public health professionals, academics, and consultants to attend the event.

Teleconference is available.

"GRAS" is an acronym for "generally recognized as safe." The standard applies to FDA approvals of food substances, under sections 201(s) and 409 of the Food, Drug, and Cosmetics Act (FDCA). Food substances that meet the standard are not subject to premarket approval by the Food and Drug Administration (FDA).

Neil Pederson, J.D. expected 2015, William Mitchell College of Law

Photo Credit: http://morguefile.com/archive/#/?q=tall%20grass&sort=pop&photo_lib=morgueFile

What does "Natural" mean anyway?

The American Agricultural Law Association, on its Ag & Food Law Blog, recently wrote on the topic of "natural" labels on food:

"Consumer Reports National Research Center released a poll revealing that 59 percent of consumers check to see if they are buying “natural” products even though there is 'no federal or third-party verified label for the term....'"

Moreover, Consumer Reports indicated that more than 80 percent of consumers think that the labeling of food as natural should connote that the food is free of artificial ingredients, pesticides, and genetically modified organisms.

So far, the FDA has chosen not to exercise its authority to define "natural."

Consumer Reports is currently seeking signatures for a petition to the FDA requesting that the FDA prohibit the use of the term "natural"on food labels.

Neil Pederson, J.D expected 2015, William Mitchell College of Law.

Pom Wonderful v. Coca Cola

SUPREME COURT DECISIONS

The Supreme Court recently released its decision in Pom Wonderful LLC v. Coca Cola Co.

Pom Wonderful, which sells an array of pomegranate juices, sued Coca Cola for alleged unfair competition due to false and misleading product descriptions. In short, Pom alleged that Coke's description of one of its "Minute Maid" juices, labelled as "pomegranate blueberry," was false and misleading. The reason: Coke's product contains no more than .3% pomegranate and .2% blueberry, in spite of the prominence of the juices on the label. This, in turn, Pom alleged, results in unfair competition with its own line of pomegranate blueberry juice, which contains higher percentages of pomegranate and blueberry. Pom Wonderful asserted the claim under § 43 of the Lanham Act (15 U.S.C. §1125), which allows private parties to assert civil claims for unfair competition.

"The Fate of Our Nation Rests On School Lunches"

Famous chef and activist Alice Waters, recently wrote for Time on the topic of the National School Lunch Program. Her main point, that the foods we choose to provide to children through school lunch is an issue central to confronting America's obesity epidemic.

Data compiled by the USDA's Economic Research Service illustrates just how high the stakes are in terms of the nutrition content of meals we provide at our nation's schools. in 2013, Nearly 50 million children were eligible to receive breakfast and lunch under the National School Lunch Program.

Providing meals to children should be recognized as a huge success in terms of feeding hungry children. With the increasing role of the National School Lunch Program in children's lives, however, it is important to also observe that this means that school lunch provides two out of three meals (or all meals for some children) for millions of children each day--much of it fast food.

As Waters notes: "[b]y allowing fast food culture into the cafeteria, we have effectively endorsed that industry’s values [and] helped facilitate the obesity epidemic."

Neil Pederson, J.D. Expected 2015, William Mitchell College of Law.

Photo: http://www.morguefile.com/archive/display/835470

FDA and EPA Issue Draft Advice for Seafood Consumption

The FDA and EPA recently issued draft advice on the recommended weekly consumption of fish and seafood (i.e. shellfish) for pregnant and breastfeeding women, women who might get pregnant, and young children.

The draft advice recommends consumption of 8-12 ounces of fish each week, which amounts to about 2 or 3 servings a week. The draft advice further recommends that individuals consume fish low in mercury, and avoid a handful of fish that are particularly high in mercury. Mercury, found in fish as methylmercury, is a neurotoxin.

The draft advice would update recommendations from 2004 to comport with the USDA's 2010 Dietary Guidelines for Americans. 

According to the draft advice, the four categories of fish that have the highest reported levels of methymercury are: Shark, Tilefish from the Gulf of Mexico, Swordfish, and King Mackerel.

To provide a comment to the FDA, click here.

Neil Pederson, J.D. Expected, William Mitchell College of Law

photo credit: <a href="http://www.flickr.com/photos/skynoir/6876522468/">Sky Noir</a> via <a href="http://photopin.com">photopin</a> <a href="http://creativecommons.org/licenses/by-nc-nd/2.0/">cc</a>

Minneapolis bans styrofoam containers

Following cities like San Francisco, the Minneapolis City Council recently enacted a city ordinance that prohibits the use of styrofoam containers at restaurants.

The newly adopted language amends Title 10, Chapter 204 of the Minneapolis City Code, which actually already included a ban on styrofoam containers, but that had not been enforced. The new language updates alternative packaging options to include compostable packaging, and retains previous allowances for use of recyclable plastics, and returnable packaging.

The ordinance prohibits use of styrofoam to-go containers, as well as any other styrofoam containers, such as plates for serving food on site. If a restaurant serves food on recyclable containers on-site, it must include recycling bins; if it serves food on-site on compostable, it must provide bins for compost.

Violations constitute a petty misdemeanor, and are subject to a $50 fine for each day a business remains in violation.

Neil Pederson, J.D. expected 2015, William Mitchell College of Law.

photo credit: <a href="http://www.flickr.com/photos/pmeidinger/2358761/">pmeidinger</a> via <a href="http://photopin.com">photopin</a> <a href="http://creativecommons.org/licenses/by-nc-sa/2.0/">cc</a>

Farmer's Markets, SNAP benefits, and the Farm Bill

Farmers' markets provide one avenue for increasing access to healthy foods--especially fruits and vegetables. For instance, instead of shopping at local corner stores that often sell an abundance of junk food, the line of reasoning begins, individuals living in "food deserts"can purchase fruits and vegetables from local farmers' markets. One way to encourage the consumption of healthy foods available at farmers' markets is by providing for the use of SNAP, or "food stamps," at farmer's markets, which many farmer's markets around the country are beginning to do.

According to the L.A. Times, the "market match program" in California, a program that serves SNAP recipients, served over 38,000 families just last year. The program offers an additional incentive to SNAP recipients, providing $5 to those already spending $10 or more at a farmers' market.

The Agricultural Act of 2014 (H.R. 2642), general known as the 2014 Farm Bill, provides funding and creates programs that support the use of SNAP benefits at Farmer's Markets. Section 4011 of the Farm Bill paves the way for the modernization of SNAP transfers through providing for the development of mobile and internet transfer methods.

Related, Section 4012 opens the door for SNAP recipients to use their benefits to purchase Community -Supported Agriculture (CSA) shares.

"It isn't Club Pig, but . . ."

Cargill is giving pigs more space in response to consumer pressure, according to the Minneapolis Star Tribune:

". . .The sows here at Cargill’s sprawling hog complex mill about in pens, snorting and jostling. Some just flop on the concrete floor to rest. It’s not Club Pig, but at least the ­animals get some room.

The move to group sow housing by Cargill and other U.S. pork firms reflects an important shift in thinking about animal welfare, from consumers to large food ­corporations. Consumers are increasingly interested in how their food is produced — including how animals are treated — while animal rights groups have ratcheted up pressure on the food industry. . . "

Read the rest of the article here:

Consumer pressure leads Cargill to give pigs more room, by Mike Hughlett

California Proposes Warning Labels for Sugary Drinks

The California State Senate passed S.B. 1000, the Sugar-Sweetened Beverages Safety Warning Act, that would require that certain sugary drinks, including soda, include a warning label.  Akin to warning labels on cigarettes and alcohol, the label would state the following:

"STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay." [§ 111224.15(a)].

The warning requirement would apply to "sugar sweetened beverages," which the bill defines as nonalcoholic beverages containing "added caloric sweeteners."  The bill exempts drinks with less than 75 calories, drinks under 12 ounces, and all 100% fruit and vegetable juices, infant formula, dietary aids, and milk-based drinks [§ 111224.10(n)(1)-(2)].

According to a poll  by the Field Research Corporation, 74% of those polled supported requiring beverage companies to post warnings on sugary beverages that they contribute to obesity, diabetes, and tooth decay.

Fed Up: New Documentary on Obesity and the Food System

Fed up, by Stephanie Soechtig, is a documentary addressing the obesity epidemic in the United States. The documentary lays the blame of high obesity rates squarely on the amount of sugar in Americans' diets and is unapologetically critical of the food industry and government policies that the filmmakers argue are fueling the rise in obesity. "Everything we've been told about food and exercise for the the last thirty years is dead wrong," asserts the website for the film.

Fed Up is in theaters, as of May 9, 2014.  

Post by Neil Pederson, J.D. expected 2015, William Mitchell College of Law