Food & Drug Law Prof Blog

WSJ: Recession hits down on the farm

From the Wall Street Journal:

Recession Hits Down on the Farm
By SCOTT KILMAN and LAUREN ETTER

The American farm, which has weathered the global recession better than most U.S. industries, is starting to succumb to the downturn.

The Agriculture Department forecast Thursday that U.S. farm profits will fall 38% this year, indicating that the slump is taking hold in rural America. Much of the sector had escaped the harsher aspects of the crisis, such as the big drop in property values plaguing city dwellers and suburbanites.

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Study: A Small Molecule That Blocks Fat Synthesis

A study published in Chemistry and Biology found that a synthetic molecule dubbed "Fatostatin" can block cholesterol and fatty acid biosynthesis in mice with obesity genes.  Here's the abstract (it's rather sciency, but that's better than our attempts at translating it):

A Small Molecule That Blocks Fat Synthesis By Inhibiting the Activation of SREBP

Sterol regulatory element binding proteins (SREBPs) are transcription factors that activate transcription ofthe genes involved in cholesterol and fatty acid biosynthesis. In the present study, we show that a small synthetic molecule we previously discovered to block adipogenesis is an inhibitor of the SREBP activation. The diarylthiazole derivative, now called fatostatin, impairs the activation process of SREBPs, thereby decreasing the transcription of lipogenic genes in cells. Our analysis suggests that fatostatin inhibits the ER-Golgi translocation of SREBPs through binding to their escort protein, the SREBP cleavage-activating protein (SCAP), at a distinct site from the sterol-binding domain. Fatostatin blocked increases in body weight, blood glucose, and hepatic fat accumulation in obese ob/ob mice, even under uncontrolled food intake. Fatostatin may serve as a tool for gaining further insights into the regulation of SREBP.

Read about the study at Eurekalert.com

Testing and Certification for "non-GMO" foods

From the New York Times:

Alarmed that genetically engineered crops may be finding their way into organic and natural foods, an industry group has begun a campaign to test products and label those that are largely free of biotech ingredients. . . .

Hundreds of products already claim on their packaging that they do not contain genetically modified ingredients, but with little consistency in the labeling and little assurance that the products have actually been tested. The new labeling campaign hopes to clear up such confusion.

Read the article here

FDLI: Reportable Food Registry Webinar

Food and Drug Law Institute is running a series of "webinars."  The next one, on the Reportable Food Registry, will take place September 10.  From the FDLI website:

Program Description

The Food and Drug Administration Amendments Act (FDAAA) requires FDA to establish a Reportable Food Registry and an electronic portal through which a "responsible party" must submit instances of "reportable food".  A "reportable food" is an article of food other than infant formula and dietary supplements for which there is a reasonable probability that the use of, or exposure to, such article of food will cause serious adverse health consequences or death to humans or animals.  The Registry becomes operational on Sept. 8, 2009.  What are the expected effects that the Registry's obligations will have on a food manufacturers existing practices, and, what are industry's concerns to comply? 

Section 417 of the FDC Act imposes substantial investigative, reporting, notification, and recordkeeping obligations on "responsible parties".  This webinar will review the new obligations imposed, the effects that those obligations can be expected to have on existing practices, and issues of concern that have been raised by industry.

Study: Bacterial Resistance May be in Stomach

In a study published this week in Science, researchers found that stomach bacteria allowed resistance to antibiotics when added to E. coli.

Read about the study at Bloomberg.com

Read the abstract here:

Functional Characterization of the Antibiotic Resistance Reservoir in the Human Microflora
Morten O. A. Sommer,*, Gautam Dantas,*,, George M. Church

To understand the process by which antibiotic resistance genes are acquired by human pathogens, we functionally characterized the resistance reservoir in the microbial flora of healthy individuals. Most of the resistance genes we identified using culture-independent sampling have not been previously identified and are evolutionarily distant from known resistance genes. By contrast, nearly half of the resistance genes we identified in cultured aerobic gut isolates (a small subset of the gut microbiome) are identical to resistance genes harbored by major pathogens. The immense diversity of resistance genes in the human microbiome could contribute to future emergence of antibiotic resistance in human pathogens.

USDA ERS Report on Global Economic Crisis and Agricultural Trade

From the USDA Economic Research Service:

What the 2008/2009 World Economic Crisis Means for Global Agricultural Trade

Abstract:   The global economic crisis that started in late 2008 has led to a sharp curtailment of international trade, including a short-term decline in the value of global agricultural trade of around 20 percent. While not uniform across commodities and regions, the trade impact appears to be stronger on crops than on livestock. Global agricultural trade after slowing will continue to grow in the future. Economic growth prospects of emerging and developing countries will be important in determining composition of trade toward increased high-value products. The crisis is leading to a realignment of exchange rates, and the ultimate resolution of the crisis will depend on adjustments in the exchange value of the U.S. dollar. The U.S. agricultural sector would benefi t from a depreciating dollar, which results in high export earnings, high agricultural commodity prices, increased production, and increased farm income.

Relaunch of www.foodsafety.gov

HHS will be relaunching www.foodsafety.gov today, Thursday, August 27, 2009, as an initiative of the White House Food Safety Working Group. 

About the President's Food Safety Working Group (FSWG)

The safety of our nation's food supply is a concern for families throughout the country, as well as American agriculture, business, industry, and the public sector.

On March 14, 2009, President Barack Obama announced the creation of the Food Safety Working Group, chaired by the Secretaries of the Department of Health and Human Services and the Department of Agriculture.

As the President said in his address, the working group "will bring together cabinet secretaries and senior officials to advise me on how we can upgrade our food safety laws for the 21st century; foster coordination throughout government; and ensure that we are not just designing laws that will keep the American people safe, but enforcing them."

FSWG Fact Sheet (PDF)  FSWG Key Findings (PDF)

It occurs to me that "FSWG" could also stand for "Food Safety is What you Get."

Little known oxycholesterol may pose the greatest heart disease risk

Press release from Eurekalert:

WASHINGTON, Aug. 20, 2009 — Health-conscious people know that high levels of total cholesterol and LDL cholesterol (the so-called "bad" cholesterol) can increase the risk of heart attacks. Now scientists are reporting that another form of cholesterol called oxycholesterol — virtually unknown to the public — may be the most serious cardiovascular health threat of all. Scientists from China presented one of the first studies on the cholesterol-boosting effects of oxycholesterol here today at the 238th National Meeting of the American Chemical Society. The researchers hope their findings raise public awareness about oxycholesterol, including foods with the highest levels of the substance and other foods that can combat oxycholesterol's effects.

read more

Soft Cheese Listeria Warning

This is from Food Poisoning Law Blog, published by the Pritzker Olsen law firm:

There have been numerous warnings lately about Mexican-style soft cheeses that may be contaminated with various different food bugs -- none of which should be taken lightly. The latest caution is a recall notice citing the possibility of Listeria monocytogenes in a Quesos Mi Pueblito product made in Passiac, N.J.

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Read the company's press release on the FDA website.

Powerade v. Gatorade case and the Lanham Act

This is from Food Liability Law Blog published by the Stoel Rives law firm:

Challenges of a Lanham Act Injunction in Food Cases: Lessons from an Advertising Battle Between Two Major Consumer Products Companies

The recent decision in Stokely-Van Camp, Inc. v. Coca-Cola Co. (i.e., Gatorade vs. Powerade) illustrates the hurdles a company has to overcome to convince a court to stop a competitor from using arguably false advertising. Stokely-Van Camp, Inc. (“SVM”) was challenging advertising that compared Powerade ION4 to Gatorade Thirst Quencher.

Read more (includes relevant links)

Atrazine Herbicide Used on Corn May be Problem in Drinking Water

A report by the Natural Resources Defense Council (NRDC) claims that EPA's current monitoring of drinking water misses spikes in herbicide levels.   

NRDC’s New Analysis Reveals Widespread Atrazine Contamination and Inadequate Regulation and Monitoring NRDC analyzed—in combination for the first time—the results of surface water and drinking water monitoring required by the EPA across the Midwestern and Southern United States. NRDC obtained these data from the EPA’s Ecological Watershed Monitoring Program (surface water) and the EPA’s Atrazine Monitoring Program (drinking water) as part of the settlement of litigation brought against the EPA and in response to two Freedom of Information Act (FOIA) requests submitted to the agency. Our analysis resulted in seven major findings:

more (links to the report)

Read about the report at the Washington Post

Hat tip: Steven H. Sholk 

Ongoing Safety Review of Weight Loss Drug Orlistat

We usually don't post news about drugs here, but since we do sometimes post about obesity and this is about a weight loss drug, here goes.  This is from an FDA News Release:

FDA Issues Early Communication about Ongoing Safety Review of Weight Loss Drug Orlistat
Review includes both prescription drug Xenical and OTC drug Alli

The U.S. Food and Drug Administration announced today that it is reviewing adverse event reports of liver injury in patients taking the weight loss drug orlistat, marketed as the prescription drug Xenical and the over-the-counter medication Alli.

Between 1999 and 2008, the FDA received 32 reports of serious liver injury in patients taking orlistat. Of those cases, 27 reported hospitalization and six resulted in liver failure. Thirty of the adverse events occurred outside the United States. The most commonly reported adverse events included yellowing of the skin or whites of the eyes (jaundice), weakness, and stomach pain.

The FDA is reviewing additional data submitted by orlistat manufacturers on suspected cases of liver injury, and the issue has been discussed at the FDA’s Center for Drug Evaluation and Research Drug Safety Oversight Board.

U Arkansas LLM Program now includes Food Law

From Agricultural Law Blog, posted by Professor Susan A. Schneider, LLM program director:

I am pleased to announce that we passed the final administrative hurdle and can now officially describe our LL.M. Program at the University of Arkansas School of Law as the LL.M. Program in Agricultural and Food Law.

Since 1980, we have been the only U.S. law school offering an LL.M. degree in Agricultural Law, and we are now leading the way with the only LL.M. in Food Law. We offer specialized Food Law courses in addition to our regular agricultural law curriculum, and we integrate food law into the existing agricultural law courses. This allows us to address the full spectrum of law and policy issues surrounding our food system, from the perspective of the farmer, the processor, the wholesaler, the retailer, and ultimately the consumer. In the coming months, we will be celebrating our name change and embarking on a new marketing campaign.

Study Finds Mercury Contamination in Freshwater Fish Nationwide

Department of Interior press release:

WASHINGTON, D.C. – Scientists detected mercury contamination in every fish sampled in 291 streams across the country, according to a U.S. Geological Survey study released [August 19, 2009].

About a quarter of these fish were found to contain mercury at levels exceeding the criterion for the protection of people who consume average amounts of fish, established by the U.S. Environmental Protection Agency. More than two-thirds of the fish exceeded the U.S. EPA level of concern for fish-eating mammals.

“This study shows just how widespread mercury pollution has become in our air, watersheds, and many of our fish in freshwater streams,” said Secretary of the Interior Ken Salazar. “This science sends a clear message that our country must continue to confront pollution, restore our nation’s waterways, and protect the public from potential health dangers.”  

Some of the highest levels of mercury in fish were found in the tea-colored or “blackwater” streams in North and South Carolina, Georgia, Florida and Louisiana — areas associated with relatively undeveloped forested watersheds containing abundant wetlands compared to the rest of the country. High levels of mercury in fish also were found in relatively undeveloped watersheds in the Northeast and the Upper Midwest. Elevated levels are noted in areas of the Western United States affected by mining. Complete findings of the USGS report, as well as additional detailed studies in selected streams, are available online. . . .

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Washington Post editorial on Sugar, Imports, and Ag Policy

Sugar Shock: U.S. growers' sickeningly sweet deal with the government

DOWN ON the farm, the latest dispute pits America's sugar producers against their biggest customers: food manufacturers that add the sweetener to everything from raisin bran to raspberry yogurt. The food makers are unhappy with a recent tightening of supplies that has pushed the wholesale price of refined sugar to 35 cents per pound. Warning of higher grocery prices and lost jobs, the manufacturers want Agriculture Secretary Tom Vilsack to . . .

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Vilsack, Hamburg to speak at National Food Policy Conference September 8-9

Department of Agriculture Secretary Tom Vilsack and FDA Commissioner Margaret Hamburg will be providing keynote addresses at the 32nd Annual National Food Policy Conference, September 8-9, 2009, in Washington, DC.

From the conference website:

For 32 years, the National Food Policy Conference has been a Washington institution and a unique collaboration between consumer advocates, government and the food industry. It is a key national gathering for those interested in agriculture, food and nutrition policy. The conference is coordinated by the Consumer Federation of America, in cooperation with the Grocery Manufacturers Association.

This year's conference will focus on food safety and child nutrition, two issues that have become critical concerns in recent months both domestically and internationally. This year’s conference will explore food safety reform at the Food and Drug Administration, the Child Nutrition Reauthorization Act and children’s health. Speakers and panelists will explore the connections between health policy and nutrition, how to regain consumer trust once it has been lost, and the implications of new media technologies on policy making, among other issues.

Book-- Catching Fire: How Cooking Made Us Human, by Richard Wrangham

Since I like very few raw foods, this is a book I will want to read:

Richard Wrangham, Catching Fire: How Cooking Made Us Human

Publisher's abstract:

Ever since Darwin and The Descent of Man, the existence of humans has been attributed to our intelligence and adaptability. But in Catching Fire, renowned primatologist Richard Wrangham presents a startling alternative: our evolutionary success is the result of cooking. In a groundbreaking theory of our origins, Wrangham shows that the shift from raw to cooked foods was the key factor in human evolution. When our ancestors adapted to using fire, humanity began. Once our hominid ancestors began cooking their food, the human digestive tract shrank and the brain grew. Time once spent chewing tough raw food could be used instead to hunt and to tend camp. Cooking became the basis for pair bonding and marriage, created the household, and even led to a sexual division of labor. Tracing the contemporary implications of our ancestors’ diets, Catching Fire sheds new light on how we came to be the social, intelligent, and sexual species we are today. A pathbreaking new theory of human evolution, Catching Fire will provoke controversy and fascinate anyone interested in our ancient origins—or in our modern eating habits.

Read a review and interview with the author on Bloomberg.com

Study Questions Need for Mandatory Folic Acid Enrichment

From Reuters.com:

Study questions need for folic acid mandate

 NEW YORK (Reuters Health) - A study from Ireland suggests that mandatory folic acid fortification may be unnecessary as many people may be getting plenty of folic acid already.

There are no implications of the findings for the general public at present, Dr. Mary Rose Sweeney of Dublin City University emphasized in an email to Reuters Health. However, she said the results should be taken into account by lawmakers considering mandatory fortification of some foods with the B vitamin.

Read the Reuters article

Read the news release about the study from Eurekalert

Read the study itself (also accessible from the Eurekalert link above)

WSJ Law Blog: On Bananas, Pesticides and Lawyers Behaving Badly

From the Wall Street Journal Law Blog:

We’ve blogged before on the craziness that is the litigation against Dole Food Co. brought by banana-plantation workers. (Click here, here and here.) But WSJ reporter Steve Stecklow takes it all to another level today, with his front-pager, which takes a comprehensive look at the situation.

In a word, it’s ugly — on a whole bunch of levels.

read the post

Agriculture Secretary Vilsack Proclaims August 23-29 as National Community Gardening Week

From a USDA news release:

August 6, 2009 -- Agriculture Secretary Tom Vilsack today encouraged Americans to connect with the land, the food it grows and their local communities by proclaiming August 23-29, National Community Gardening Week. A community garden is an opportunity to educate everyone about from where food comes, whether that is a Farmers Market or a garden, and is important to increasing generations of healthy eaters. Community gardens can be anywhere whether it is in the country, a city or a suburb. It can be one community plot or can be many individual plots...'The People's Garden,' a USDA domestic and international initiative, will help illustrate the many ways USDA works to provide a sustainable, safe and nutritious food supply as well as protect and preserve the landscape where that food is produced. It is the Nation's demonstration plot designed to provide a sampling of USDA's efforts throughout the world as well as teach others how to nurture, maintain and protect a healthy landscape."