Food & Drug Law Prof Blog

NAIS and Amish: District Court Dismisses Suit Against USDA, Grants Michigan Dept of Ag's Motion for Summary Judgment

Farm-to-Consumer Legal Defense Fund sued USDA and the Michigan Department of Agriculture (MDA) to enjoin implementation of the National Animal Identification System as it applies to Amish farmers. District Court judge, Rosemary Collyer has dismissed the case against USDA and granted summary judgment to MDA.

The federal law does not require any particular form of state implementation, so the plaintiffs lack standing for the claim against USDA. In addition, the court found that the injury to plaintiffs stemmed from individual orders of the MDA and not from overall implementation of the program.

The opinion is available here. Among other things, it describes the Amish farmers' religious objections ot the NAIS program.

Study: Organic Foods No More Nutritious than Conventional

A  recent review of research findings on organically produced foods and conventional foods found no differences in most nutrients — including vitamin C, calcium and iron. The review of 162 studies conducted over the last 50 years was commissioned by Britain's Food Standards Agency and appears in the American Journal of Clinical Nutrition.

From the abstract:

Results: From a total of 52,471 articles, we identified 162 studies (137 crops and 25 livestock products); 55 were of satisfactory quality. In an analysis that included only satisfactory quality studies, conventionally produced crops had a significantly higher content of nitrogen, and organically produced crops had a significantly higher content of phosphorus and higher titratable acidity. No evidence of a difference was detected for the remaining 8 of 11 crop nutrient categories analyzed. Analysis of the more limited database on livestock products found no evidence of a difference in nutrient content between organically and conventionally produced livestock products.

Conclusions: On the basis of a systematic review of studies of satisfactory quality, there is no evidence of a difference in nutrient quality between organically and conventionally produced foodstuffs. The small differences in nutrient content detected are biologically plausible and mostly relate to differences in production methods. 

Alan D Dangour, Sakhi K Dodhia, Arabella Hayter, Elizabeth Allen, Karen Lock, Ricardo Uauy. Nutritional quality of organic foods: a systematic review. The American Journal of Clinical Nutrition, July 29, 2009.

    

From the New York Times

Federal regulators warned consumers on Tuesday not to use body-building products that are sold as nutritional supplements but may contain steroids or steroidlike substances, citing reports of acute liver injury and kidney failure. . . .

Generally, the F.D.A. said, buyers should beware of body-building products that claim to enhance or diminish the effects of hormones like testosterone, estrogen or progestin. In particular, the agency said consumers should not buy products labeled with code words like “anabolic” and “tren,” or phrases like “blocks estrogen,” and “minimizes gyno.”

read the article

Read the FDA Warning

Wonder Foods, Part 2 -- Grapefruit

According to a favorite xkcd cartoon, grapefruit is difficult to eat and UNtasty.  But it does seem to be good for us.

US News.com just ran one of those fun little collections of wonder foods. The five foods in the article are Blue M&M's, Grapefruit, Peas, Watermelon and Chocolate.:

Can Blue M&M's, Blue Gatorade Protect Your Spine? Surprisingly Helpful Foods -- 5 foods or food additives that may pack unexpected health benefits

. . .new research finds grapefruit is ripe with a type of antioxidant that may prevent obesity and protect against type 2 diabetes. Findings newly published in an online issue of the journal Diabetes showed that naringenin, a type of antioxidant called a flavonoid, decreased cholesterol production and stabilized metabolism in mice fed a fat-laden diet. . .

For the full study see http://diabetes.diabetesjournals.org/content/early/2009/07/09/db09-0634.abstract?sid=bbe60ffb-34c9-448c-8391-64e4d27f2eb5

Thank you to Laura Bantle for this item.

Wonder foods, Part I -- Blue M&M's

US News.com just ran one of those fun little collections of wonder foods. The five foods in the article are Blue M&M's, Grapefruit, Peas, Watermelon and Chocolate.:

Can Blue M&M's, Blue Gatorade Protect Your Spine? Surprisingly Helpful Foods -- 5 foods or food additives that may pack unexpected health benefits

Blue M&M's -- Blue Dye No. 1, used in blue M&M's is almost identical to another blue dye that helped rats with spine injuries recover, according to a study published in Proceedings of the National Academy of Sciences. The dye did temporarily turn the rats blue.

But not brown ones! -- This was news to me, but is evidently well known in some circles. A backstage concert rider (contract clause) specified what munchies should be provided, including M&M's, but "absolutely no brown ones."  The rider is available on The Conglomerate blog.

Genetically Engineered Potatoes On the Way

From London Reuters:

Genetically modified potato crop trial resumes

A crop trial of genetically engineered potatoes has resumed in northern Britain, a year after the trial was abandoned when protesters ripped up plants.

"We granted a three-year consent," a government official told Reuters on Monday. "The trial has been resumed. It's perfectly allowed," she added, denying a report in The Daily Telegraph that the resumption of the trial was "in secret."

read more

Conference: Food Safety Security and Sources -- University of Wyoming, Sept. 24-25, 2009

Save the date for the next Consumer Issues Conference: Food Safety, Security and Sources on September 24^th and 25^th. As usual there will be several keynote presentations by nationally known speakers, breakout sessions by experts on issue topics, poster presentations (deadline June 22, 2009), exhibits, and tours.

Planned sessions include

• Local Foods: Safety, Freedom, and Other Values in Conflict (invited panelists represent epidemiology, food production, food science, policy making, regulation, and retail)
• Community Supported Agriculture Efforts
• Labeling & Safety
• Food or Fuel? An Analysis of Systems in Conflict
• Sustainable Practices in Modern Life
• Food Fight: Balancing Nutrition and Health Choices
• A screening of the movie Food, Inc., and discussion followwing

This year we are excited to offer a new format. On both days of the conference we will offer plenary and concurrent sessions in the morning, and tours of food-related destinations in the afternoon. The movie Food, Inc., with discussion, will be Thursday evening.

NPR's Joanne Silberner on Contaminated Food

National Public Radio's Morning Edition did a piece on food safety today.

Contaminated Food: A More Watchful Eye Needed
by Joanne Silberner

The president, the new head of the Food and Drug Administration, and some members of Congress have all said in the last couple of months that cleaning up the nation's food supply is a major priority.

Their concern comes after outbreaks of illness in hundreds or thousands of people caused by contamination of such staples as peanut butter and spinach. But while those national outbreaks have received a lot of attention, the day-to-day risks . . .

read

listen

Monday morning lite -- Nutrition Quiz

Here's a fun little nutrition quiz from the Sacramento Bee:

Nutrition Quiz

Sodium in excess is evil – or so they say. We're always told to cut down on soy sauce consumption, for example. But a new study in the Journal of Food Science says soy sauce used instead of salt in the cooking process can significantly reduce sodium levels in foods while maintaining the "perception of saltiness." Take our salty quiz about soy sauce and the new study.

Risque TV Ad for donut holes -- Careful, this is PG13

It made me chuckle.  It's not really law, but every now and then something that's slightly off is just, well, funny.  Hardee's got some grief about this from one of it's store owners (a company that owns over 300 of its stores).  See Hardee's Ad Rejected in the NY Daily News.

Article: Salmonella in Produce -- Not Just From Eggs!

And speaking of salmonella (see yesterday's recall post), here's an interesting article from Foodborne Pathogens and Disease (published July 6, 2009, online ahead of print) examining the incidence of salmonella in produce. Thank you to William Mitchell College of Law student, Laura Bantle, for finding this piece!

Salmonellosis Outbreaks in the United States Due to Fresh Produce: Sources and Potential Intervention Measures

Abstract: 

Foodborne Salmonella spp. is a leading cause of foodborne illness in the United States each year. Traditionally, most cases of salmonellosis were thought to originate from meat and poultry products. However, an increasing number of salmonellosis outbreaks are occurring as a result of contaminated produce. Several produce items specifically have been identified in outbreaks, and the ability of Salmonella to attach or internalize into vegetables and fruits may be factors that make these produce items more likely to be sources of Salmonella. In addition, environmental factors including contaminated water sources used to irrigate and wash produce crops have been implicated in a large number of outbreaks. Salmonella is carried by both domesticated and wild animals and can contaminate freshwater by direct or indirect contact. In some cases, direct contact of produce or seeds with contaminated manure or animal wastes can lead to contaminated crops. This review examines outbreaks of Salmonella due to contaminated produce, the potential sources of Salmonella, and possible control measures to prevent contamination of produce.

Irene B. Hanning, J.D. Nutt, Steven C. Ricke. Salmonellosis Outbreaks in the United States Due to Fresh Produce: Sources and Potential Intervention Measures. Foodborne Pathogens and Disease. July/August 2009, 6(6): 635-648. doi:10.1089/fpd.2008.0232

USDA's Food and Nutrition Service Turns 40

USDA News Release:

USDA'S FOOD AND NUTRITION SERVICE TURNS 40; CONTINUES SERVING AS THE NATION'S NUTRITIONAL SAFETY NET FOR THOSE IN NEED

Federal Nutrition Assistance Programs Now Serve One in Every Five Americans

WASHINGTON, July 23, 2009-Agriculture Deputy Secretary Kathleen Merrigan today recognized the 40th anniversary of USDA's Food and Nutrition Service (FNS), the Federal agency that administers the Nation's domestic nutrition assistance programs.

"This anniversary is both a milestone and opportunity to reflect on the essential measures put in place to shape the nutritional wellbeing of children, the elderly and their families," Merrigan said. "To advance the nation's health, I look forward to working with FNS to support President Obama's commitment to end childhood hunger by 2015 and improving the nutrition and health of all Americans."

FNS administers the 15 domestic nutrition assistance programs which together comprise the Nation's food safety net. They include the Supplemental Nutrition Assistance Program or SNAP (formerly the Food Stamp Program); National School Lunch Program (NSLP); Special Supplemental Nutrition Program for Women, Infants and Children (WIC); Fresh Fruit and Vegetable Program; and the Emergency Food Assistance Program (TEFAP), among others.

Nutrition education and outreach efforts to the underserved are top priorities in all FNS mission areas. By providing nutrition education, low-income individuals and families are better equipped to connect dietary choices and physical activity with overall wellbeing. To increase participation, FNS conducts outreach targeting eligible populations, such as Hispanics and the elderly.

Many programs were formed before FNS was created as a separate agency in August 1969. SNAP, which remains the cornerstone of USDA's nutrition assistance, took root in its modern form in 1961, but originated during the Great Depression. The National School Lunch Program was also born in the 1930's to better nourish low-income schoolchildren. And the Needy Family Program, which has evolved into the Food Distribution Program on Indian Reservations, served as the primary means of food assistance during that same era.

Since 1969, the SNAP/Food Stamp Program has issued over $554 billion in program benefits; NSLP has served over 169 billion meals; and $27 billion in USDA commodities have been issued in food benefits for schools and another $23 billion in food benefits for household and emergency feeding programs.

For more information about FNS's programs, visit www.fns.usda.gov/fns.

Tanimura & Antle Romaine Lettuce Recalled for Possible Salmonella

A California firm, Tanimura & Antle, is recalling some of its romaine lettuce.  The recall has been expanded to include all 50 states.  From the company's website:

As a precautionary measure, Tanimura & Antle has issued a voluntary recall of romaine lettuce due to a finding of Salmonella in a routine box check. No illnesses have been reported or attributed to the consumption of the lettuce. We are fully and voluntarily working with state and federal authorities to ensure that the recall and the investigation surrounding the finding are carried out in a timely and efficient manner.

ONLY SINGLE WHOLE HEAD ROMAINE LETTUCE SUPPLIED BY TANIMURA & ANTLE is included in this recall. NOT Tanimura & Antle Romaine Hearts or other Tanimura & Antle products. Photos of recalled product.

We deeply regret any inconvenience that this recall may pose to our customers, but the safety of our produce is our most important priority, and we want to do everything we can to ensure that we effectively minimize any possible risk.

July 23, 2009 Tanimura & Antle Expands Possible Distribution Area of Voluntary Romaine Recall
July 21, 2009 Tanimura & Antle Issue Voluntary Recall

FDA Sends Warning Letter to Probiotics Company for Making Unapproved Claims re: Swine Flu

From Food QualityNews.com :

The Food and Drug Administration has sent a warning letter to a Minnesota-based supplements manufacturer for making misleading claims that its probiotic supplements could prevent or treat human swine flu (H1N1). . . .

The FDA gave Master Supplements 48 hours to send it an email detailing what actions it would take to alter messaging for probiotic supplements on its websites: www.acidophilus-immune-health.com and http://www.master-supplements.com .

FDA inspectors determined that the websites promoted a product, Theralac, that marketed products, “intended to diagnose, mitigate, prevent, treat, or cure the H1N1 Flu Virus in people”.

more of the article

And here is the FDA Warning Letter

Agricultural Policy, Marketing, and Obesity -- 2004 Peter Jennings documentary

This comment by a UK reader was posted recently:

I think the problem is with the food source than the consumers.. The food industry has pulled the wool over every american eyes and they are lovin it..  see url

The link was to an ABC documentary from about 2004 with Peter Jennings exploring the connection between farm subsidies, the food industry, and American eating habits.  The video is quite interesting and just as timely today as it was then.  It's available on YouTube in about 5 segments.  Or you can see the full 43 miinutes here.

 

European beauty standards for veggies? The knobbly carrot and others

There's a great post on Food Liability Law Blog (by Stoel Rives law firm) about a British grocery store chain that launched a campaign to save ugly fruits and vegetables. The EU has marketing standards from some kinds of produce . . .

UK Hails the Return of the Nobbly Carrot and the Bendy Cucumber

. . .While selling such vegetables for Halloween decoration might have been a good idea, Sainburys had a different agenda, a "Save Our Ugly Fruit and Veg" campaign to highlight some of the European Commission's most mocked regulations, those requiring that all fruits and vegetables in 36 categories meet marketing standards in order to be sold anywhere in the European Union. . .

read the post

More on the TV ad study and Free Will

A few days ago, we blogged a New York Times article about a study of TV ads on snacking.

Snack Ads Spur Children to Eat More
By ALEX MINDLIN

Psychologists recognize that certain behaviors can be automatic. For example, unrecognized external stimuli can unconsciously stir us to anger, spur us to loyalty or incite us to rudeness without our knowing it. . .  continue reading

The study, Priming Effects of Television Food Advertising on Eating Behavior, was published in Health Psychology.  It examined the effects of TV ads on children as well as adults.

The study is described in an interesting discussion of free will and the role of external stimuli on behavior on the Psychology Today blog, The Natural Unconscious, by John Bargh, one of the authors of the study:

The following is another installment in an ongoing Psychology Today blog debate with Roy Baumeister concerning the existence of free will, for which the new study on automatic effects of TV ads is highly relevant. . . . 

Television and other forms of advertising is expressly directed at getting us to do something that is in the best interests of the advertiser, but not necessarily our own.  We have already recognized this in the case of cigarette (tobacco smoking) advertising and as a consequence it has been banned now for many years.  In the new study, Jennifer Harris and Kelly Brownell of the Rudd Center for Food Policy and Obesity at Yale and I showed that passive exposure to food advertising on television may contribute to the ongoing obesity epidemic by automatically triggering eating behavior, right then and there while watching TV. 

Vaccine for Bees -- "Helping the Bee Tug the Rope"

Wow.  I would not have imagined this.  I think of bees as fairly wild, coming and going, and even though people set up hives and harvest the honey, it seems like one of the few reliably drug-free, natural foods.  But beekeeping is more complicated than that, and there is evidently a need for a bee vaccine.  Thank you to Steven H. Sholk for sending along this article from HaAretz:

New Israeli vaccine could save bees

An Israeli company has developed a revolutionary new drug that could solve the problem of Colony Collapse Disorder, the disturbing syndrome that has been wiping out bee communities and threatening agricultural production all over the world.

The drug, Remembee, which was developed by Beeologics, has completed successful clinical trials on millions of bees in North America. Not only has it proved effective in improving bee health, but it also improved the longevity of bees and increased the honey in the hives.

read more

Researchers Question Safety of GMOs

A study recently published in the International Journal of Biological Science questions the safety conclusions regarding consumption of genetically modified organisms.  The researchers state that toxic effects seem undeniable.  The official abstract is kind of a tough read, but here's an excerpt from the Conclusion:

All these observations taken together in our opinions do not allow a clear statement of toxic effects, but to suggest them as such, because they are clearly undeniable. Now, to any good researcher similar results would mean that there is much to be improved in the planning of experimental design; and thus to increase their resolution power to obtain unequivocal statements, for instance increasing the duration and/or the number of rats tested. Generally speaking it seems to us unbelievable that a risk assessment carried out only on forty rats of each sex receiving GM rich diets for 90 days (yielding results often at the limits of significance) have not been repeated and prolonged independently. We should overall take into account the fact that the analysed GM product could be fed long-term to people and animals of various ages and sexes, and with various pathologies.

We call for more serious standardized tests such as those used for pesticides or drugs, on at least three mammalian species tested for at least three months employing larger sample sizes, and up to one and two years before commercialization, for GM food or feed specifically modified to contain pesticide residues. We also call for a serious scientific debate about the criteria for testing significant adverse health effects for pesticides or chemicals, . . .

The full text of the study is available on the journal's website. 

Sralini GE, de Vendmois JS, Cellier D, Sultan C, Buiatti M, Gallagher L, Antoniou M, Dronamraju KR. How Subchronic and Chronic Health Effects can be Neglected for GMOs, Pesticides or Chemicals. Int J Biol Sci 2009; 5:438-443.

Thank you to William Mitchell College of Law student, Laura Bantle, for this item.

Study: Fish Consumption Associated with Lower Rates of Dementia

A recent study confirmed earlier findings of an association between fish consumption and lower incidence of dementia in many lower and middle income countries.  The study was published in the American Journal of Clinical Nutrition:

Dietary fish and meat intake and dementia in Latin America, China, and India: a 10/66 Dementia Research Group population-based study

2009;90:392–400.

Am J Clin Nutr

ABSTRACT
Background: Evidence of an association between fish and meat
consumption and risk of dementia is inconsistent and nonexistent
in populations in developing countries.

Objective: The objective was to investigate associations between
fish and meat consumption with dementia in low- and middleincome
countries.

Design: One-phase cross-sectional surveys were conducted in all
residents aged
65 y in 11 catchment areas in China, India, Cuba,
the Dominican Republic, Venezuela, Mexico, and Peru. A total of
14,960 residents were assessed by using the 10/66 standardized
protocol, which includes face-to-face interviews for dietary habits
and a cross-culturally validated dementia diagnosis.

Results: Dietary intakes and the prevalence of dementia varied
between sites. We combined site-specific Poisson regression prevalence
ratios (PRs) for the association between fish and meat consumption
and dementia in 2 fixed-effect model meta-analyses
adjusted for sociodemographic and health characteristics and fish
and meat consumption as appropriate. We found a dose-dependent
inverse association between fish consumption and dementia (PR:
0.81; 95% CI: 0.72, 0.91) that was consistent across all sites except
India and a less-consistent, dose-dependent, direct association between
meat consumption and prevalence of dementia (PR: 1.19;
95% CI: 1.07, 1.31).

Conclusions: Our results extend findings on the associations of fish
and meat consumption with dementia risk to populations in lowand
middle-income countries and are consistent with mechanistic
data on the neuroprotective actions of omega-3 (n–3) long-chain
polyunsaturated fatty acids commonly found in fish. The inverse
association between fish and prevalent dementia is unlikely to result
from poorer dietary habits among demented individuals (reverse
causality) because meat consumption was higher in those with a diagnosis
of dementia.