Food Law Prof Blog

Square melons

I've been meaning to post this for some time.  These are square melons grown to facilitate closer packing in shipping.  I don't think it's new, and all it requires is growing each melon in a box, but it's fun anyway.  More at:

http://www.flickr.com/photos/nashvillemike/84129145/

Health Warning and Recall: Total Body Formula and Total Body Mega Formula

FDA Warns Consumers about "Total Body Formula" and "Total Body Mega Formula"

The U.S. Food and Drug Administration is advising consumers not to purchase or consume Total Body Formula in the flavors of Tropical Orange and Peach Nectar, or Total Body Mega Formula in the Orange/Tangerine flavor. The liquid dietary supplement products may cause severe adverse reactions, including significant hair loss, muscle cramps, diarrhea, joint pain and fatigue.

The Total Body Formula products are sold in eight-ounce and 32-ounce plastic bottles. The Total Body Mega Formula is sold in 32-ounce plastic bottles. Both products are distributed by Total Body Essential Nutrition of Atlanta. The company is the sole distributor of the products and has voluntarily recalled Total Body Formula in the flavors of Tropical Orange and Peach Nectar and Total Body Mega Formula in Orange/Tangerine flavor.

The Florida Department of Health recently provided reports to the FDA on 23 individuals who experienced serious reactions to these products seven to 10 days after ingestion. In all cases, the reactions included significant hair loss, muscle cramps, diarrhea, joint pain and fatigue. The FDA subsequently learned and is investigating a report that some individuals in Tennessee using the same products have experienced similar reactions.

FDA laboratories are analyzing samples of the products to identify the cause of the reactions, including the possibility that the products contain excessive amounts of selenium, which is known to cause symptoms such as those described in the adverse events reported to the agency. Selenium, a trace mineral, is needed only in small amounts for good health.

The products have been distributed in Alabama, California, Florida, Georgia, Kentucky, Louisiana, Michigan, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Texas and Virginia.

The FDA is advising consumers in all states to avoid using the products immediately and to discard the products by placing them in a trash receptacle outside of the home.

Consumers who have been taking the products and have experienced adverse reactions should consult their health care professional. Consumers and health care professionals can also report adverse events to the FDA's MedWatch program at 800-FDA-1088 or online at www.fda.gov/medwatch/report.htm.

The FDA is working with the Florida Department of Health in its investigation.

For more information, consumers can call the FDA's toll-free Food Safety Hotline at 1-888-SAFEFOOD.

Mom was right! Breakfast may be the most important meal of the day

On March 25, 2008, The New York Times reported that researchers have found adolescents that eat breakfast are less likely to be overweight.  According to The Times, the authors of the study “found a direct relationship between eating breakfast and body mass index.”  Essentially, the more often a child eats breakfast, the lower the B.M.I.

The five-year longitudinal study was completed by researchers and professors at the Division of Epidemiology and Community Health at the University of Minnesota.  The study examined a racially and economically diverse sample from various public schools in the Minneapolis-St. Paul area.

The study, Breakfast Eating and Weight Change in a 5-Year Prospective Analysis of Adolescents: Project EAT (Eating Among Teens) was published in the March issue of Pediatrics, the official journal of the American Academy of Pediatrics.   

The study’s objective was to examine the association between breakfast frequency and 5-year body weight change in adolescents.  The study primarily relied on self-reports of weight and eating habits of 2,216 adolescents.  Although the study concluded there is an association between breakfast frequency and change in BMI, the study was unable to determine whether the association is in fact causal in nature.  The study itself recognizes this in noting “long-term studies…will be needed to evaluate the possibility of an important causal link between breakfast consumption and risk for obesity and chronic diseases.”  The study hopes that interventions, especially in a school setting, could be aimed at promoting a healthy breakfast.  Such a breakfast might include whole grain cereals, low-fat milk, and fresh fruit.

Thank you to William Mitchell College of Law student Maureen Ventura for preparing this post.

Wales bans junk food vending in hospitals

On March 25, 2008,  the Welsh Assembly Government (Llywodraeth Cynulliad Cymru) banned the vending of junk food in NHS hospitals in Wales. Most junk food is expected to be removed from vending machines in the next six months. From a BBC news article:

“ Crisps, chocolate and sugary drinks are to be removed from vending machines in NHS hospitals in Wales.”

Health Minister Edwina Hart says Wales is the first part of the UK to commit to such a move to tackle obesity and diet-related disease.”

In a news announcement on the Welsh Assembly Government webpage, Health Minister Edwina Hart is quoted, saying:

“Diet has an important role to play in the prevention of obesity and chronic diseases such as coronary heart disease, diabetes, and certain cancers.”

“We need to create an environment where it is easier for people to make healthy choices and our public sector settings should be an exemplar of best practice, particularly our hospitals.”

The March 26, 2008 BBC article can be found at: http://news.bbc.co.uk/2/hi/uk_news/wales/7311326.stm

A press release on the Welsh Assembly Government web page can be found at: http://new.wales.gov.uk/news/presreleasearchive/vending/?lang=en

Thank you to William Mitchell College of Law student Rebecca Steffen for preparing this post.

Photos:  Rebecca Steffen

FDA Alert -- Cantaloupes and salmonella

   The U.S. Food and Drug Administration has issued an import alert regarding entry of cantaloupe from Agropecuaria Montelibano, a Honduran grower and packer, because, based on current information, fruit from this company appears to be associated with a Salmonella Litchfield outbreak in the United States and Canada. The import alert advises FDA field offices that all cantaloupes shipped to the United States by this company are to be detained.

In addition, the FDA has contacted importers about this action and is advising U.S. grocers, food service operators, and produce processors to remove from their stock any cantaloupes from this company. The FDA also advises consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from this specific grower and packer. If so, consumers should throw away the cantaloupes.

To date, the FDA has received reports of 50 illnesses in 16 states and nine illnesses in Canada linked to the consumption of cantaloupes. No deaths have been reported; however, 14 people have been hospitalized. The states are Arizona, California, Colorado, Georgia, Illinois, Missouri, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin.

The FDA is taking this preventive measure while the agency continues to investigate this outbreak in cooperation with the Centers for Disease Control and Prevention and state partners. Such intervention is a key component of FDA’s Food Protection Plan.

Symptoms of foodborne Salmonella infection include nausea, vomiting, fever, diarrhea, and abdominal cramps. In persons with poor health or weakened immune systems, Salmonella can invade the bloodstream and cause life-threatening infections. Individuals who have recently eaten cantaloupe and experienced any of these symptoms should contact their health care professional.

The FDA recommends that consumers take the following steps to reduce the risk of contracting Salmonella or other foodborne illnesses from cantaloupes:

Purchase cantaloupes that are not bruised or damaged. If buying fresh-cut cantaloupe, be sure it is refrigerated or surrounded by ice.

After purchase, refrigerate cantaloupes promptly.

Wash hands with hot, soapy water before and after handling fresh cantaloupes.

Scrub whole cantaloupes by using a clean produce brush and cool tap water immediately before eating. Don't use soap or detergents.

Use clean cutting surfaces and utensils when cutting cantaloupes. Wash cutting boards, countertops, dishes, and utensils with hot water and soap between the preparation of raw meat, poultry, or seafood and the preparation of cantaloupe.

If there happens to be a bruised or damaged area on a cantaloupe, cut away those parts before eating it.

Leftover cut cantaloupe should be discarded if left at room temperature for more than two hours.

Use a cooler with ice or use ice gel packs when transporting or storing cantaloupes outdoors.
For more information on produce safety, please visit:
http://www.cfsan.fda.gov/~dms/prodsafe.html.

For additional information on FDA’s Import Program, please visit: http://www.fda.gov/ora/import/default.htm.

Photo credit:  USDA image gallery photo by Scott Bauer

Is it Food? Cornflake sells for $1350

A single cornflake shaped like the state of Illinois has reportedly been sold on eBay for $1350.

Here's the fun part for me. According to CNN:

McIntire and her sister Emily, 15, listed the cornflake on eBay last week, but eBay canceled the auction, saying it violated the Web site's policy against selling food.

Under the Food, Drug, and Cosmetic Act, 21 USC sec. 321(f), "food" means:

(1) articles used for food or drink for man or other animals,

(2) chewing gum, and

(3) articles used for components of any such article.

So my Sunday morning time-waster question is, when a single cornflake becomes a thousand-dollar collector's item, is still "food"?

eBay has evidently decided that small quantities of cornflakes are not food; a quick search for "corflake" on eBay came up with 37 offerings.  It looks like a motivated collector could start building a 50-states collection.