Food Law Prof Blog

The Danger of Zip Codes Revisited

In a previous post we saw the correlation between zip code and obesity. A new study out recently from reported on Reuters suggests people who live in neighborhoods packed with fast-food restaurants are more likely to suffer strokes.

One example from the study shows that residents of one Texas county who live in neighborhoods with the highest number of fast-food restaurants had a 13 percent higher risk of experiencing a stroke than those in neighborhoods with the fewest such restaurants.

The study was recently presented at the American Stroke Association's International Stroke Conference.
Dr. Lewis Morgenstern of the University of Michigan's stroke program led the study.

Moldy Tomato Paste Shipped By SK Foods

Nearly a year ago, the Monterey offices of SK Foods, a grower and processor of vegetable products, were raided by federal agents. SK Foods was initially raided because of its involvement in a bribery scheme. On Thursday, as a result of the federal investigations into SK Foods, it was discovered that Jennifer Dahlman, an employee of SK Foods mislabeled tomato paste and other food that was known to contain too much mold to be sold.

Read the full article.

New Drug for Celiacs?

The Celiac Disease Center at Columbia University is conducting a new study that may help individuals recently diagnosed with Celiac Disease. The study is testing a drug that may allow people to heal intestinal damage faster than the gluten-free diet alone.

The Celiac Chicks website gives the qualifications requied for participation in the study.

Here is a link to the Celiac Center at Columbia University
http://www.celiacdiseasecenter.columbia.edu/CF-HOME.htm

Thank you to William Mitchell College of Law student John McVoy for this information.

NYT: “Spinach and Peanuts With a Dash of Radiation”

The New York Times ran an interesting article on February 1:

Spinach and Peanuts With a Dash of Radiation, By Andrew Martin

Abstract—Irradiation is one tool being used to sterilize food, but some say it is being under-utilized. The procedure is achieving heightened publicity in the wake of the 2009 peanut product salmonella outbreak, and proponents of the technology claim that irradiation treatments of foods like spinach and iceberg lettuce would reduce future outbreaks similar to the 2006 spinach E. Coli outbreak. The research being done by scientists at Texas A&M University illustrates the benefits of the sterilization technology, but F.D.A. approval for the irradiation of produce still has not been granted. Currently, irradiation treatment is F.D.A. approved—though largely unused—for the treatment of meat products. Unwanted effects of irradiation are not generally noticed in most products, but can turn oils in processed foods rancid. Some argue that the technology may also affect taste. A spokesman for the American Peanut Council stated that the peanut industry does not use irradiation because “it degrade[s] the taste of the nut.”

Click to go to the National Center for Electron Beam Research at the Texas A & M University System, with Links to studies and about 50 research papers done on effects of irradiated foods.

Thank you to William Mitchell College of Law student Wyatt Partridge for preparing this post.

Genetically modified eggplant for India

Southeast Asia has yet to introduce any genetically modified foods. This week, the Cornell Chronicle published an article reporting that field trials of the Bt eggplant—developed by Cornell in conjunction with the US Agency for International Development and an Indian Monsanto subsidiary—will soon be approved for commercial distribution in India. India relies heavily on eggplant as a food source and the field tests suggest that the new eggplant will yield twice as much food and be resistant to some pests, while requiring 30% less pesticide.

The Cornell Agricultural Biotechnology Support Program (ABSP II) website contains briefs and reports done by Cornell regarding the development and the need for Bt eggplant in Southeast Asia.

Thank you to William Mitchell College of Law student, Wyatt Partridge, for preparing this post.

What's In A Label?

Have you ever wondered what it means for your coffee to be Rainforest Alliance Certified or for your beef to be Food Alliance Certified? National Geographic has included as part of its website a "Green Guide". Among other things the Green Guide has some nifty label decoders. You can click on labels that you might see on coffee or beef to learn what exactly that little sticker symbolizes.

The beef label decoder provides information about feed allowed, pasture requirements, antibiotic use, growth hormone use, and animal welfare. For example, a Certified Humane Raised & Handled sticker means that the animal was allowed to eat, grass, corn, and grain, the animal was not necessarily on pasture (in spite of the glorious pasture on the sticker itself), and no growth hormones were given to that animal.

Check out the coffee label decoder as well.

Wide Array of Charges Possible Against PCA

In what is turning out to be, according to a recent article, "one of the Food and Drug Administration's most high-profile tainted food cases in decades", the possible charges against PCA and its owner Stewart Parnell are mounting.

One tool federal prosecutors could use is the 1938 Federal Food Drug and Cosmetic Act, which carries a maximum penalty of three years in prison and a fine of $10,000 if prosecutors prove there's an intent to "defraud or mislead."

Fred Pritzker, a food safety lawyer in Minneapolis who filed a wrongful death lawsuit against Peanut Corp., said investigators could charge Parnell with federal anti-conspiracy charges.

Or authorities could charge Parnell and his company with mail fraud or wire fraud if prosecutors believe they can prove they were knowingly giving customers adulterated product, said Jim Frush, a former federal prosecutor who is now a criminal defense attorney.

According to authorities, Peanut Corp. of America, is the sole source of a salmonella outbreak that has led to one of the nation's biggest food recalls. The company filed for Chapter 7 bankruptcy protection Friday.

Read the transcript of testimony before congress given by Jeff Almer whose mother died as a result of the tainted Peanuts. Jeff Almer is a client of the above mentioned Minnesota attorney Fred Pritzker.

Dennys Hits a Grand Slam with Free Breakfast Giveaway

Denny’s restaurants all across the nation were filled to the brim with fans attempting to take advantage of a free Grand Slam breakfast Tuesday, February 3rd. From a CNN News Article:

“Denny's announced in a commercial Sunday during the Super Bowl that it would give away its signature breakfast from 6 a.m. until 2 p.m. local time Tuesday at all its restaurants in the U.S., Canada and Puerto Rico.”

WINK News, a CNN affiliate, went to a Denny’s in Cape Coral Florida and interviewed participants attempting to take advantage of this free breakfast during an economic down turn. The staff of that Denny’s said they were serving about 110 people an hour. WINK News Report

The Grand Slam breakfast consists of two pancakes, two eggs, two strips of bacon and two sausage links. It weighs in at 44 grams of fat, 56 carbohydrates and 770 calories, according to Denny’s Nutritional Information.

A Denny’s executive officer said the free promotion was their way of “reacquainting America with Denny's real breakfast and with the Denny's brand.”

Read the CNN News Article.

Thank you to William Mitchell College of Law student Colleen Berryman for preparing this post.

Mercury in High Fructose Corn Syrup

On January 27, 2009, the Minneapolis Star Tribune reported on a study conducted by the Institute for Agriculture and Trade Policy (IATP). It tested popular processed foods and found mercury present in foods with high fructose corn syrup. The original study is available online.
To understand the gravity of this discovery, it is important to understand two things: that mercury is poison, and that high fructose corn syrup is in nearly all of our processed foods!

What is wrong with Mercury?

Among other things, the study describes mercury as a “potent brain toxin” that is known to cause brains to “develop abnormally, impairing learning abilities and reducing IQ.”

What is high fructose corn syrup?

High fructose corn syrup is an artificial sweetener found in many processed foods. According to the study, the average American consumes about 12 teaspoons per day!


Some of the more popular foods that were found to contain mercury included: Nutri-Grain Strawberry Cereal Bars, Quaker Oatmeal to-go bars, Hershey’s Chocolate Syrup, Yoplait Strawberry Yogurt, Market Pantry Grape Jelly and Coca-Cola.

Other foods containing mercury can be found on this list of 55 popular foods and beverages that contain high levels of high fructose corn syrup.

Thank you to William Mitchell College of Law student Emily Babcock for preparing this post.

Diagnosis of the Liberian caterpillar plague

According to Dr. Winfred Hammond of the United Nations Food and Agriculture Organization, the caterpillars of the moth Achaea catocaloides are responsible for the Liberian pest outbreak.

From a BBC article at http://news.bbc.co.uk/2/hi/africa/7868086.stm:

Cornering the culprit will allow the government to select the best pesticide to tackle the outbreak - the worst seen in Liberia since 1970.

Click here for the FAO report at http://www.research4development.info/news.asp?ArticleID=50358

And here is Dr. Winfred’s press release

An update on the caterpillar invasion can be found at the Liberian Ministry of Agriculture website

Thank you to William Mitchell College of Law student Brooke Mengel for preparing this post.

Peanut Corporation Owner takes the Fifth

From CBSNews.com:

(CBS/ AP) The owner of a peanut company refused to testify to Congress on Wednesday amid the disclosure that he urged his workers to ship bacteria-tainted products, pleading with federal health officials that he should be able "turn the raw peanuts on the floor into money."

Stewart Parnell, owner of Peanut Corp. of America, repeatedly invoked his right not to incriminate himself before the House subcommittee holding a hearing on a national salmonella outbreak blamed on his company. The outbreak has sickened some 600 people, may be linked to nine deaths — the latest reported in Ohio on Wednesday — and has resulted in one of the largest product recalls of more 1,800 items.

Read more at CBSNews.com

More on the peanut crisis and this hearing at Marlerblog.com

Kellogg Caught Up In The Peanut Salmonella Case

A recent article from the Battle Creek Enquirer reports:

San Francisco-based law firm Marler Clark has added Kellogg Co. to its lawsuit in the salmonella outbreak linked to Peanut Corporation of America products. On Feb. 5, Marler Clark added Kellogg to its lawsuit against the Peanut Corporation of America, on behalf of a 7-year-old Vermont child, Christopher Meunier, who was infected with salmonella and hospitalized for six days in November. "Kellogg's made the Austin-brand product that Christopher Meunier ate," said the Meunier's attorney, Bill Marler, in a press release.

The Raw Milk Debate Continues

A recent article posted by the Farm to Consumer Legal Defense Fund reports a new bill brought in the House to allow for the interstate traffic of raw milk.

On January 28 Congressman Ron Paul (R-TX) introduced HR 778, a bill “to authorize the interstate traffic of unpasteurized milk and milk products that are packaged for direct human consumption.” Under the bill, the federal government “may not take any action…that would prohibit, interfere with, regulate, or otherwise restrict the interstate traffic of milk, or a milk product, that is unpasteurized and packaged for direct human consumption solely on the basis that the milk or milk product is unpasteurized….”

The current regulation, 21 CFR 1240.61, provides, in part, that “no person shall cause to be delivered into interstate commerce or shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized….”

Congressman Paul in seeking to repeal 21 CFR 1240.61 stated:

“Americans have the right to consume these products without having the Federal Government second-guess their judgment about what products best promote health. If there are legitimate concerns about the safety of unpasteurized milk, those concerns should be addressed at the state and local level.”

Read the bill as introduced by Paul.

States have different laws regarding raw milk. In Minnesota, Minnesota Statute 2002, Section 32.393 Subd. 1 requires pasteurization of milk for sale for the purpose of human consumption. However, there is an exception to the rule. The pasteurization requirement does not apply "to milk, cream, skim milk, goat milk, or sheep milk occasionally secured or purchased for personal use by any consumer at the place or farm where the milk is produced.” The buyer must provide the container for the milk. Furthermore, the farmer cannot advertise the sale of raw milk.

Read what the U of MN extension office has to say about Raw Milk regulations in Minnesota.

In my opinion, the Minnesota law provides an appropriate level of access to raw milk. The reality is that most people are disconnected from the place where their food comes from. Where there is little or no interaction between consumer and producer, we need safety measures in place to keep producers from delivering a harmful product and consumers from obtaining a product that they know little about. However, when consumers can visit a farm, view its sanitation practices, and decide on their own about the relative safety of the product, those consumers should be allowed to make that judgment call.

There are many sites and articles devoted to Raw Milk and its regulation. Here are a few.
Marler Blog
Natural News
Real Milk

Ron Schmidt, Author of The Untold Story of Milk has included as an appendix to his book a letter from the FDA stating the FDA position on Raw Milk, along with comments from Schmidt.

One short history of the pasteurization of milk.

Harper's article on Raw Milk.

Posted by William Mitchell College of Law student Peter Hemberger.

Search the FDA Peanut Recall Widget

The FDA has posted a peanut containing product recall widget in an effort to inform consumers about the potentially dangerous peanut containing products.

Disclaimer (from the FDA website)

Placement of the FDA's widget is to be used only as a marker to the FDA.gov site and a channel for FDA.gov content. The use of the widget does not indicate any form of endorsement or approval from FDA or the U.S. Department of Health and Human Services.

Are X-Rays, Gamma Rays, and Electron Beams the Answer?

As the peanut paste problem persists some food experts think that widespread food irradiation is the solution to our food safety problems.
A recent article from the New York Times posted on The Cornucopia Institutes website discusses food irradiation. According to Suresh Pillai, director of the National Center for Electron Beam Research at Texas A&M

“It’s unnecessary for people to be getting sick today with pathogens in spinach or pathogens in peanut butter... We have the technologies to prevent this kind of illness."

However, others, including some consumer groups, feel that widespread irradiation of food after processing would simply cover up the food industry’s hygiene problems. And some advocacy groups question the long-term safety of irradiation.

Read the entire article.

The Center for Science in the Public Interest has released a paper on food irradiation called Food Irradiation and You.

In the article they provide information about the opinions of various groups on the issue of food irradiation.

For example,

The FDA and USDA feel there is "reasonable certainty of no harm" for the foods approved so far for irraditation. FDA has approved the use of irradiation for insect and microbial control in wheat, wheat flour, spices,pork, fruit, vegetables, red meat, poultry, shell eggs, and seeds for sprouts.

Food processors and Manufacturing industry representatives support the use of irradiation.

The public health sector including the CDC supports the use of irradiation.

On the other hand,

Public Citizen, The Center for Food Safety and Pure Food, believe that research has shown that irradiation can alter nutrient levels, flavor, texture, and color as well as produce many new chemicals, few of which have been tested for their toxicity. These groups feel that the FDA review of toxicity studies for meat safety was selective and deficient, ignoring studies with negative outcomes.

Peanut Recall Free Graphics

Available on the CDC website:

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And this:

And this!:

Kroger recalls peanut butter products

Kroger, a grocery chain including Kroger, Ralphs, Fred Meyer, Food 4 Less, Fry's, King Soopers, Smith's, Dillons, QFC, City Market, Foods Co., Jay C, Scott's, Owen's, Baker's, Gerbes, Hilander and Pay Less, has voluntarily recalled products containing peanut butter. CNN reports:

“Kroger said it was recalling peanut butter store-baked and store-packaged cookies and select cakes sold in its family of stores because the products could be contaminated with salmonella.”“Customers are asked to return these products for a refund or replacement.”

No illnesses have been reported regarding those products. Additionally, the FDA has announced:

“. . . peanut butter sold in jars, including Kroger brand peanut butter sold in the retailer's family of stores, is not involved in the ongoing investigation.”

Link to Kroger recalls.
Link to the FDA’s peanut butter update.
Thank you to William Mitchell College of Law student Sophie Morgan for preparing this post.

ABA Sponsors Food Law CLE

Hot topics in food law will be discussed in this teleconference and live audio webcast.

From melamine in infant formula, to BPA in food packaging, to false or misleading labeling of products, food safety and marketing have been in the news. How pervasive are these food safety problems? Will the federal government expand its regulation of product labeling? How can you help your clients manage risk even if they are not currently involved in litigation? Join our expert faculty as they explore the hot issues in this embroiling field of law.

The live audio webcast will be February 10th at 12:00 (noon) Central time.

More details here

One Food Safety Expert Calls For FDA Reform

In the wake of the recent colossal peanut paste debacle, Caroline Smith DeWaal has recommended institutional and policy change at the FDA. Smith DeWaal is the director of food safety at the Center for Science in the Public Interest. Caroline Smith DeWall is on the short list for the position of head of the USDA's Food Safety Inspection Service.

Smith DeWaal sees the institutional structure of the FDA as the root of the problem.

Here's the root of the problem: Although the FDA is responsible for the safety of more than 80 percent of the food supply, the commissioner must divide his or her attention among drugs, medical devices, foods and cosmetics. What's needed is a Commissioner of Food and Nutrition Policy who reports directly to the HHS Secretary.

Beyond this, Smith DeWaal sees statutes governing FDA's ability to act as deficient.

Even with this fix, however, the FDA is working under an antiquated statute, written in the 1930s, that gives it authority to act once contaminated foods reach the market - but requires none of the basic oversight needed for prevention. Especially disturbing is how antiquated the penalties are against companies that knowingly violate their food safety responsibilities. There are no civil penalties, and the criminal penalties under the statute would expose Peanut Corp. of America officials to a modest fine of $1,000 per violation, and less than one year in jail. With eight people dead from peanut butter, this is hardly a fair punishment. And it provides little incentive for the industry to improve its food safety practices.

Read the entire article.