A more sophisticated crisis response

Alberto Alemanno has a thought provoking article regarding the response to the recent E. coli outbreak. Would it have been better if the European Commission had taken on more powers?

The Commission and the European Food Safety Authority (EFSA) could supervise the risk assessments conducted across Europe and coordinate the task of communicating the outcome of those assessments. A central organization could have more sophisticated ability to collate, assess, and distribute information than individual national authorities.

Read more here.

Alberto Alemanno is a guest instructor at the Institute for Food Laws and Regulations at Michigan State University. He is associate professor of law at École des Hautes Études Commerciales (HEC), Paris, adjunct professor of global risk regulation at Georgetown University Law Centre, and editor of the European Journal of Risk Regulation.

Training and an Integrated Food Safety System

Rightfully so, the FDA Food Safety Modernization Act includes language recognizing the importance of integrating state and local regulatory programs with the federal ones. Training is key to the success of creating an integrated food safety system.  On this topic, Joseph Corby, Gerald Wojtala, and Craig Kaml co-wrote the cover story of the April/May 2011 issue of Food Safety Magazine, titled, "Training in an Integrated Food Safety System: Focus on Food Protection Officials."

Global Food Law & Policy

The Summer Academy on Global Food Law & Policy ++ 25-29 July 2011 ++ Lake Como, Italy ++ few places available ++  www.lexxion.eu/conferences ++ Apply now!

Time to Modernize the Toxic Substances Control Act of 1976

High-profile media coverage of specific chemicals, like bisphenol A in infant bottles and can liners, creates anxiety about food regulation, but the problems of risky chemical exposure is much greater with non-food consumer goods. Chemicals added to food and from food contact materials are regulated as food additives under a relatively stringent review process under the Food, Drug, and Cosmetic Act.

On the other hand, non-food chemicals are regulated under the Toxic Substance Control Act of 1976 (TSCA), which is widely recognized as ineffective in protecting us from hazardous chemicals in the marketplace. In three decades of existence, TSCA has been used to regulate only five chemicals or chemical classes out of the thousands of chemicals that are in commerce. Under TSCA, chemical companies have no responsibility to perform premarket testing or postmarket follow-up of the products that they produce; in fact, TSCA creates disincentives for the companies to produce such data. Voluntary programs have been inadequate in resolving problems.

Senator Frank R. Lautenberg (D-NJ) introduced new legislation to modernize the Toxic Substances Control Act of 1976 (TSCA) and protect Americans from exposure to dangerous toxins. The law would for the first time require that chemical manufacturers demonstrate the safety of industrial chemicals used in everyday household products.  Senator Lautenberg launched a video on his Facebook and Twitter pages to build support for chemical safety reform and his "Safe Chemicals Act of 2011."  Watch it here.

Public Morals Proposed as a Grounds to Ban GMOs

Public morals, public order, "social policy objectives," and "historical heritage" are some of the reasons the European Commission has proposed as grounds for a national ban of genetically modified crops. The plan presented by John Dalli, the European commissioner for health and consumer policy, is to give governments greater leeway to ban GM crop cultivation for factors other than health or environmental grounds. The legal service of the Council of Ministers criticized the proposal as contrary to World Trade Organization (WTO) rules and the EU's own single market. More information is available from Jennifer Rankin, Growing GM crops 'could pose a threat to public order,' EuropeanVoice.com (Feb. 3, 2011).

FSIS Announces Final Rule for Interstate Shipment of State-Inspected Meat and Poultry Products

On April 19, 2011, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced a final rule that will broaden the market for smaller state-inspected plants. This voluntary cooperative interstate shipment program will allow select establishments to ship meat and poultry products, bearing an official USDA mark of inspection, across state lines.

Advance copy of the document, Cooperative Inspection Programs: Interstate Shipment of Meat and Poultry Products (Apr 19, 2011), submitted to Office of the Federal Register is available here. 

FDA Announces Food Defense Mitigation Strategies Database

The new online database was developed by the Food and Drug Administration (FDA) for the food industry to help protect the food supply from deliberate acts of contamination or tampering. The Food Defense Mitigation Strategies Database (MSD) provides a range of preventive measures that companies may choose to implement to better protect their facility, personnel, products, and operations. Visit the Mitigation Strategies Database here.

Summer Academy on Global Food law & Policy

The third Summer Academy in Global Food Law & Policy will take place at Como Lake - Italy, July 25-29, 2011, at the beautiful Villa La Collina. A distinguished faculty from relevant food organizations (WTO, Codex, EFSA, EU Commission), industry (Coca Cola) as well as academia (Michigan, Bocconi, HEC Paris) will be animating cutting-edge discussions on the latest developments in global food governance, from food private standards to health claims, from US Food Modernization Act to novel food regulation. 

Among the those presenting are four faculty from the Institute for Food Laws and Regulations (IFLR) at Michigan State University: Neal Fortin, Professor at MSU and IFLR Director along with IFLR guest instructors Alberto Alemmano, Associate Professor of Law at HEC Paris, Gretchen Stanton,  Senior Counsellor at WTO, and Raymond O'Rourke, Barrister, Ireland.

For more information on the program and the faculty, please find the brochure here and more information here and here. Please don't hesitate to contact Nikola Bock (bock@lexxion.de) for more information.

Chief Justice Roberts Lectures AT&T on the Differences between Corn and Corny

In the recent FCC v. AT&T decision, the Supreme Court unanimously shot down the argument that corporations have "personal privacy" which allows them to withhold information under the personal privacy exceptions to the Freedom of Information Act (FOIA). (Justice Kagan did not participate.) AT&T argued that since Congress had defined "person" to include corporations, "personal privacy" rights should apply to a corporation. AT&T argued that the adjectival form of the defined word, personal, should refer to the defined word, person. 

Chief Justice Roberts gave AT& T a lesson on the the complexity and nuance of American English with some wry humor:

Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun "crab" refers variously to a crustacean and a type of apple, while the related adjective "crabbed" can refer to handwriting that is "difficult to read," Webster's Third New International Dictionary 527 (2002); "corny" can mean "using familiar and stereotyped formulas believed to appeal to the unsophisticated," id., at 509, which has little to do with "corn," id., at 507 ("the seeds of any of the cereal grasses used for food"); and while "crank" is "a part of an axis bent at right angles," "cranky" can mean "given to fretful fussiness," id., at 530.

In short, Chief Justice Roberts held that a corporation doesn't qualify for a "personal privacy" exemption under the law. 

"We trust that AT&T won't take it personally," he wrote.

The full opinion is available here.

EU BPA Ban Now in Effect

A ban prohibiting the manufacture in the European Union of baby bottles containing Bisphenol A (BPA) became effective March 1, 2011. BPA is an organic molecule that is used in the manufacture of polycarbonate plastics. Small amounts of BPA can be released from plastic containers into the food they carry if these containers are heated at high temperatures. According to scientific evidence, infants' ability to eliminate BPA is still building up during their first six months of life.
The ban of the manufacture of baby bottles with BPA was adopted in January (EU Directive (2011/8/EU) and entered into force on March 1. For more information, visit Alberto Alemanno's blog here.

‘Cheeseburger bill’ would block obesity lawsuits

Food Safety News reports that Minnesota's State Rep. Dean Urdahl, R-Grove City, has reintroduced legislation to bar Minnesotans from suing their favorite fast food restaurants for making them fat. The Personal Responsibility in Food Consumption Act, also known as the "cheeseburger bill," would prevent anyone in Minnesota from suing a fast-food restaurant for making them fat.

Twenty-three other states have passed similar laws according to the National Restaurant Association. Of course, anyone can sue anyone in America, but suits like this are summarily thrown out of court—even without hamburger shield laws. "You made me fat" lawsuits are going forward nowhere except on television. ABC's "Harry's Law" recently had a story with an overweight mother of several plump children who won $880,000 in an out-of-court settlement.

Black on Meat (or Lack Thereof) at Taco Bell

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FDA's First Year Report on the Reportable Food Registry

The Food and Drug Administration's (FDA) report on the first year of the Reportable Food Registry states that the data, "represent an important tool for targeting inspection resources, bringing high risk commodities into focus, and driving positive change in industry practices–all of which will better protect the public health." Commodities that feature prominently in the Reportable Food Registry will receive additional FDA attention because the Food Safety Modernization Act mandates risk-based allocation of FDA resources.

Advancing Public Health Obesity Policy Through State Attorneys General

Jennifer Pomeranz and Kelly Brownell with the Yale Rudd Center for Food Policy & Obesity have authored "Advancing Public Health Obesity Policy Through State Attorneys General." The article refers to the role played by state attorneys general in public health policy on tobacco. They contend that attorney generals "can be leaders in formulating and effectuating obesity and food policy solutions." The article also takes note of recent actions by state attorney generals have taken regarding purported misleading labeling of food and beverage products.

Toxic Waste Candy?

FDA announced the recall of Toxic Waste® brand Nuclear Sludge® Chew Bars, all flavors due to elevated lead levels.

This puts a new twist on truth in labeling.

"Neal Fortin literally wrote the book on the nation's food laws"

CBS WLNS interviewed me regarding the FDA Food Safety Modernization Act.

The Food Safety Enhancement Act Passes the House

The U.S. House of Representatives passed Food Safety Enhancement Act in the final days of the 111th Congress. Now the bill heads for the desk of President Obama, who is expected to sign it into law. You may find a copy of the latest available GPO version of the text - this is not final - here, courtesy of Charles Woodhouse. This provisional text (240 pages) was extracted from the 2,000 pages of HR 3082. Alternatively, you may go here and scroll down to p. S10745).

Happy Holidays

Senate Passes Overhaul of Food Safety Law

     The Senate this morning passed an overhaul of the nation's food-safety system by a vote of 73 to 25. The legislation would strengthen the Food and Drug Administration. Staunch opposition by Senator Tom Coburn of Oklahoma forced months of delay, because he wanted less food safety regulation, not more.
     Despite unusual bipartisan support, the bill could still die because the Senate must be reconciled with version passed earlier by the House of Representatives. The Senate's version includes an local-food producers' exemption introduced by Senator Jon Tester. 
     An article of the passage is available here in the New York Times.

Federal Safety Standards Would Help Small Farms

Matthew Enis of Supermarket News wrote a column explaining why pending food safety legislation should not let small, independents off the hook. Some independent growers and food activists fear that the FDA would use increased powers to harass small farmers and the increased compliance cost could them out of business. 

"The fact is, the local foods movement is enjoying an all-purpose halo effect right now, but advocates can't take safety for granted. It's still highly unlikely that a farmers' market will ever cause a multi-state outbreak. But, the Internet and social media tools will magnify the effect of minor outbreaks in the future. If small growers want to maintain their wholesome image, they should expect all of their peers to be meeting the same standards for safety."

How Food Recalls Work - A Look at Distribution Technology

The recent recall of nearly half a billion eggs reignited the debate over mandatory tracking for food distribution reaching back to the farm. Stephen Jannise of Distribution Software Advice has written an interesting about the egg recall. He created a hypothetical, behind-the-scenes illustration of how a food recall works. You can read it here.

IOM Front-of-Package Label Committee report

The Institute of Medicine (IOM) released its Front-of-Package (FOP) labeling report. This Phase I report provide a detailed examination of about 19 of the existing FOP schemes and some recommendations about what such schemes ought to do. As the IOM press release explains:

A multitude of nutrition rating, or guidance, systems have been developed by food manufacturers, government agencies, nutrition groups, and others in recent years with the intent of helping consumers quickly compare products’ nutritional attributes and make healthier choices. Ratings are typically communicated to shoppers through symbols placed prominently on food packaging, usually on the front, or on retail shelf tags. Unlike the Nutrition Facts panel, these rating systems and symbols are unregulated, and different systems focus on different nutrients. The variation may confuse consumers, and questions have been raised about the systems’ underlying nutritional criteria.

Marion Nestle provides a good summary of the report here. 

Symposium: New Landscapes in Food and Agricultural Law and Policy

The University of Oregon School of Law will be presenting a symposium titled, Cultivating our Future:  New Landscapes in Food and Agricultural Law and Policy. The symposium is October 1, 2010, 8-5pm PST, in Eugene, Oregon. Neal Fortin, Director of the Institute for Food Laws & Regulations at Michigan State University will be presenting on the panel, “Food for Thought–Strategies for Advocacy.”  Click here for more information. Click here to register.

Sen. Durbin to Coburn's Obstruction of S. 510

Senator Durbin unveils Sen. Coburn's blind obstructionism.

Fwd: Food Safety Accountability Act

Senators Patrick Leahy, Amy Klobuchar, and Al Franken have introduced the Food Safety Accountability Act of 2010, (S. 3767). The bill would not amend the Food, Drug, and Cosmetic Act. Rather the bill creates a new penalty in Chapter 47 of title 18 of the United States Code. Title 18 contains crimes and criminal procedure, and chapter 47 contains the various crimes of fraud.  The new criminal penalty would be for knowing introduction of misbranded or adulterated food into interstate commerce.

There already is an intentional crime penalty section in the FDCA. So it is interesting that the Senators choose the fraud chapter of criminal code rather than the Food, Drug, and Cosmetic Act (FDCA). Perhaps they did this to move the bill through a more favorable committee. Senator Leahy chairs the Senate Judiciary Committee. Maybe this will prod the Senate to vote on the Food Safety Modernization Act, S. 510, which has languished in the Senate for 13 months.

Stephen Colbert to Testify to the House Today

Doug Powell reports that Stephen Colbert is scheduled to testify at the " “Protecting America’s Harvest,” House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law.

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Moldy Oldy Food Laws - Time for the Senate to Act

When Theodore Roosevelt signed the Pure Food and Drug Act in 1906, it was a landmark. Unfortunately, in many situations the Food and Drug Administration (FDA) is still works with the 1906 tools. We don't expect FDA to drive Model-Ts. We shouldn't expect them to work with an antiquated food food law.

After half a billion eggs were recalled, you would think Congress would act on long-awaited food safety legislation. But Senate Bill 510 has stalled for more than a year. The House passed its version of bill in July 2009. In those 13 months there have been 85 food recalls, and most recently, the largest egg recall in history. 

Time is running out because nothing will get done in Congress from November on into 2011. Now is the time to act. Call your senators and urge them to bring S. 510 to a vote!

My local newspaper's reporting of maggots in a coffee maker reminded me of why we need effective government regulation of food. The public needs a watchdog because we cannot see the maggots inside the food processing equipment. The food industry needs an effective watchdog, too, because their business relies on public confidence. I am sure sales of mochas and cappuccinos dropped at all local outlets after the newspaper reported on a single bad apple.

Shitor sauce recalled for dangerous bacteria

I could not make this up. The Canadian Food Inspection Agency is warning the public not to consume Shitor sauce because this product may be contaminated with Clostridium botulinum.

Choices Issue Devoted to GMOs

Interesting reading if you like reading on GMOS: http://www.choicesmagazine.org/magazine/block.php?block=48

S 510, the FDA Food Safety Modernization Act, is still alive

Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor and Pensions Committee, issued the following statement on the manager's package for The FDA Food Safety Modernization Act. The  full manager's package (over 200 pages) is available on Bill Marler's site:  S. 510 - FDA Food Safety Modernization Act.

"For far too long, the headlines have told the story of why this measure is so urgently needed: foodborne illness outbreaks, product recalls and Americans sickened over the food they eat. This 100-year-old plus food safety structure needed to be modernized," said Harkin.

"I am pleased that after a great deal of time and effort from members on both sides of the aisle, we have a strong, bipartisan proposal that will overhaul our current food safety system – a system that right now fails far too many American consumers. I am confident that the remaining details will be worked out and am hopeful that the measure will come to the Senate floor as soon as possible."

The FDA Food Safety Modernization Act passed the HELP Committee without a single dissenting vote on November 18, 2009. The bill is supported by dozens of industry and consumer organizations including the Center for Science in the Public Interest, the Consumer Federation of America, the Grocery Manufacturers of America, the National Association of County and City Health Officials, the National Restaurant Association and the Trust for America's Health.

Raw Milk - Two Perspectives

Bill Marler and Marion Nestle spoke with NPR about the safety (or lack thereof) of raw milk. You can read Bill's blog post here. Listen to the full 10 minutes at NPR here.

EFLA Congress on Private Food Law

The European Food Law Association (EFLA) Congress, which will take place in Amsterdam from September 15–17, 2010, is entitled "Non-regulatory dimensions of food law." Lawrence Busch, University Distinguished Professor, Michigan State University, will present the talk, "Quasi-States? The Unexpected Rise of Private Food Law."  He discusses how the retreat of the state led to the rise of a wide range of 'quasi-states' of firms, industry groups, and private voluntary organisations, pursuing their own aims and interests through private codes, laws, rules, and regulations. Whether they can achieve legitimacy and democratic modes of governance remains to be seen.

For more information, please visit www.efla-aeda.org.

Chasing the Ambulance Away: Reshaping the Role of the Personal Injury Lawyer in Society and the Law

Denis Stearns, Founding Partner, Marler Clark LLP, PS, was the featured speaker at The Robert Leader Endowed Lecture, Thursday, June 17 at Michigan State University. The lecture entitled, Chasing the Ambulance Away: Reshaping the Role of the Personal Injury Lawyer in Society and the Law is available  online; click here.Stearns began his involvement in food-related litigation in 1993 as one of the lead defense attorneys handling the cases arising from the historic Jack in the Box E. coli O157:H7 outbreak. Since helping to found Marler Clark twelve years ago, he has worked on hundreds of food outbreak cases, including recent ones involving E. coli O157:H7-contaminated Dole spinach, Salmonella in Peter Pan peanut butter and Banquet pot pies, and a spate of outbreaks involving E. coli O157:H7 in ground beef, Nestlé cookie dough, and raw milk.

Jim Prevor: Aggrandizing the FDA

Jim Prevor, the Perishable Pundit, has written a provocative piece, “How to Improve Food Safety: Aggrandizing the FDA Only Distracts from Real Solutions,” for The New Atlantis. Jim Prevor’s lead point—that attention on improving the FDA distracts from real solutions for nagging food safety concerns with raw produce—is well taken. Ironically, the article’s leading points—a cursory dismissal of the FDA Food Safety Modernization Act and a flawed discussion of product liability standards—are distractions from other solutions proposed that deserved far more attention. Indeed, the FDA Food Safety Modernization Act will not solve our food safety concerns with raw produce.  Nor will the law eliminate all problems with the Food and Drug Administration (FDA).  Nevertheless, these points do not add up to a reason to withhold support for the bill.

But read on. Jim Prevor is a  voice crying out in the wilderness about the need to invest in food safety research, state health laboratories, food safety education, and agricultural extension. These crying needs are why discussion of strict liability versus  negligence are a distraction. No system of liability will generate the level of private investment in research and extension that are desired. Private interests should not be expected to invest in the commons. That is why there is a need for public investments in food safety research, state health laboratories, food safety education, and agricultural extension for the greater common good.

For my Francophone readership, Jim Prevor’s article was translated into French and is available here.

Summer Academy in Global Food Law & Policy, Como Lake, Italy

The 2^nd EFFL Summer Academy in Global Food law & Policy will be held on July 26-30, 2010, at the beautiful Villa La Collina on the shores of the Como Lake, Italy. Building on the successful previous edition, the academy will offer scientific reflection and discourse on key legal and policy issues in European and World food law as well as information and updates on the latest developments. This will be achieved through a dynamic, informal and highly interactive five-day programme, which includes lectures, presentations, discussion groups and social activities. The faculty of the academy consists of food experts coming from relevant authorities, European and US institutions, academia, legal practice and the industry.

Speakers

Alberto ALEMANNO Associate Professor of Law HEC, Paris

David BYRNE S.C. Former EU Commissioner for Health and Consumer Protection

Dirk DETKEN Head of the Units Legal & Policy, European Food Safety Authority (EFSA)

Marsha A. ECHOLS, Director of the World Food Law Institute, Washington D.C.

André EVERS, Food and Veterinary Office, European Commission

Andreas KADI, Chief Science Officer, Red Bull GmbH

Susanne KETTLER, Scientific and Regulatory Affairs Director, Coca-Cola Company

Vittorio SILANO, Chair of the Scientific Committee, European Food Safety Authority

 

Topics

 The summer academy will cover main aspects of the law and policy of food regulation. Thereby, it will give a broad overview on the subject from a legal as well as a public policy point of view. In particular, it will discuss on the following:

- The global and international food regulation (WTO, SPS/Codex Alimentarius, WHO/FAO)

- The State of Play of WTO trade disputes (Hormones II, COOL, Australia Apples, EC-Poultry) and EU Food regulation (Food Supplements, enriched foodstuffs, novel food and Food Improvement Agents Package)

- The emergence of private standards
- Food quality and labelling issues

- The new challenges facing EFSA (Health Claims; Animal Cloning; Safety and claims of botanical) and its relationships with US FDA/USDA

- The risk analysis framework as applied in the food regulation sector

- The system of official controls
- Data sharing, protection and compensation in pre-market approval regimes

 

Please apply no later than May 30, 2010.

Further information, please visit: http://www.lexxion.de/2nd-effl-academy/ 

Food Inc. and Commentary

Check out Susan Schneider's posting over at the Agricultural Law blog: Food Inc. and Commentary

GAO Reports about FDA Strengthening Oversight of Imported Food

The Government Accountability Office (GAO) today released the following testimony, "Food Safety: FDA Could Strengthen Oversight of Imported Food by Improving Enforcement and Seeking Additional Authorities.” GAO-10-699T, May 6 available at: http://www.gao.gov/cgi-bin/getrpt?GAO-10-699T

Highlights - http://www.gao.gov/highlights/d10699thigh.pdf

Salk Cures Disease, Salt Cures Ham

Stephen Colbert takes on salt with guests from the Salt Institute and Center for Science in the Public Interest:

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Spend on science not marketing for a positive health claim

Companies should put more money into studies to substantiate the science of health claims, even if that means spending less on marketing, said a member of EFSA’s evaluating panel.

“Obviously science costs money. Marketing costs money, too, and there are quite a few companies where the marketing budget is larger than the scientific budget. And perhaps that is not always such a good idea,” said Henk van Loveren, professor of immunotoxicology at the Dutch National Institute for Public Health and the Environment (RIVM) and a member of European Food Safety Authority (EFSA) Panel on Dietetic Products, Nutrition and Allergies (NDA).

“If you want to do science and if you want to have a scientific basis for a claim, then you need to have the data, and it costs money if you want to do the studies,” he added.

Read the rest of the story here.

US GMO Labeling Position at Codex Could Pose Problem

“More than 80 food processing, farming and consumer organizations have called on officials to revise the US position on draft Codex food labeling guidance, saying it could cause problems for labeling food as GM-free,” notes Caroline Scott-Thomas in FoodNavigator.com.

The Codex Committee on Food Labeling (CCFL) is due to meet in Quebec City from May 3-7.  In a draft document, Codex proposes to allow countries to adopt different positions for labeling of genetically modified (GM) foods. But the United States’ position, drafted by the Food and Drug Administration (FDA) and the Department of Agriculture (USDA), opposes this, stating that Codex should not “suggest or imply that GM/GE foods are in any way different from other foods” by allowing countries the option of mandatory labeling. The position is due to be presented at the CCFL meeting next month.

The Codex Alimentarius Committee is a United Nations organization that sets food safety and labeling standards, which are those used in settling World Trade Organization disputes.

The letter is available here.

Food Labeling Workshop at MSU July 28-29

Institute for Food Laws & Regulations
	» Hurry, registration is limited Food Labeling Workshop   July 28-29, 2010   ·   Lansing, Michigan This workshop presents the FDA requirements for US food labeling.  The workshop format and materials are designed to provide a user-friendly approach for those new to food labeling and also provide a thorough system and reference for those experienced with food label design and review.  The workshop format allows time for questions. The focus is practical, and students are encouraged to bring problem labels for hands-on review.     For more information, click here. Early bird discount (by May 14, 2008):  $895 Register Online or Download a Registration Form (PDF)    Free Bonus Workshop participants will receive the Guide to U.S. Food Labeling Law (Vol. I) by Peter Barton Hutt, Esq. The Guide provides practical guidance and expert advice on FDA, FTC, and USDA labeling requirements in plain English. The Guide is an invaluable resource for regulatory officials, industry personnel, and anyone reviewing food labels.  The Instructors Neal Fortin, is Professor and Director of the Institute for Food Laws & Regulations, Michigan State University.  His law practice experience concentrated on food law, labeling, ingredient evaluation, advertising, legislation, and administrative law. Professor Fortin also has 20 years experience in food regulatory work with the state of Michigan, including being the primary drafter of Michigan Food Law of 2000.  He has trained more than 1,500 people on the labeling law.  Constance Henry, U.S. Food and Drug Administration (FDA).  James E. Hoadley is a senior consultant with EAS Consultant Group. In Dr. Hoadley's 20-year FDA career he served ten years a Senior Regulatory Scientist in the Office of Nutritional Products, Labeling and Dietary Supplements (ONPLDS) with primary responsibilities in food label claim regulations. Dr. Hoadley has been directly involved in the scientific review and drafting of authorizing regulation, or denials, of nearly all health claim petitions received by CFSAN over the last decade. Dr. Hoadley has received the CFSAN Distinguished Career Service Award.  John Spink is the Director of the Packaging for Food and Product Protection Initiative at Michigan State University (MSU) and a faculty at the MSU School of Packaging. John developed and teaches the graduate classes “Packaging for Food Safety” and “Food Protection & Defense – Packaging Module”, and the “Future of Sustainability.” IFLR Internet Courses International Food Laws and Regulations Food Regulation in the United States Food Regulation in the European Union Food Regulation in Latin America Food Regulation in Canada Codex Alimentarius (The Food Code) IPPC (International Plant Protection Convention) Food Regulation in Asia New Summer Course Offering:  Animal Health, World Trade, and Food Safety (OIE)  Learn more about IFLR at: www.IFLR.msu.edu or call (517) 355-8295       Email: IFLR@msu.edu                       Telephone: (517) 355-8295 Fax: (517) 432-1492                        web: www.IFLR.msu.edu    Institute for Food Laws and Regulation Michigan State University, 140 G.M. Trout Building, East Lansing, MI 48824

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More Frooty Claims

A class action lawsuit was refilled against Kellogg USA alleging that “Froot Loops”—here’s the shock—contain no actual fruit!  The plaintiff said he was duped by the “brightly colored cereal made to resemble fruit” depicted on the package, the use of the word “Froot,” and depictions of real fruit on the label.“ He finds these practices likely to mislead and deceive a ‘reasonable consumer’ such as himself . . .”  The plaintiff, Roy Werbel, claims he was deceived over a four year period when he bought the cereal.

I sympathized with Mr. Werbel’s plight. I really do. Really. Assuming he honestly ate Froot Loops for four years believing they were made from real fruit. Nonetheless, I am finding it hard to believe enough similarly situated consumers are out there for a class action.  Can there really be a whole class of reasonable consumers that eat neon-colored, candy flavored loops of froot for the real fruit content?

You can read more here: Froot Loops’  complaint. I wrote about an earlier complaint here: “I Was Duped by the Loops of Fruit.” The case, Roy Werbel v. Kellogg USA, Case. No. CV 10-1660 EMC, was filed in the U.S. District Court for the Northern District of California on April 19, 2010.

If you had any doubts about globalization of food

With Flights Grounded, Kenya's Produce Wilts by Jeffrey Gettleman of the New York Times discusses how the volcanic eruption in Iceland has devastated the horticulture businesses in Kenya. Horticulture is Kenya's top foreign exchange producer and a critical piece of the national economy.

Consumer Representatives Needed for FDA Advisory Committees

Do you want to make a difference in FDA’s decision-making? Do you have ties to consumer groups or community-based organizations? Can you analyze scientific data? If so, plan to attend FDA’s public meeting on April 30, 2010, in Rockville, Md., to learn what it takes to become a consumer representative on FDA’s advisory committees and panels. More information is available here.