Posted on July 1, 2014 by ePerspective
On June 12, the U.S. Supreme Court issued an 8-0 ruling in favor of Pom Wonderful in a longstanding false advertising dispute against rival beverage company The Coca-Cola Co. The Supreme Court held that competitors can bring Lanham Act claims like Pom Wonderful’s challenging food and beverage labels regulated by the U.S. Food and Drug Administration (FDA).
At issue in the case was Coca-Cola’s “Pomegranate Blueberry Flavored Blend of 5 Juices,” which is 99% apple and grape juice. Pom Wonderful (Pom), who has a competing pomegranate-blueberry juice blend, sued Coca-Cola. It alleged that the juice’s name and other labeling features were misleading under the federal Lanham Act—a statute that allows competitors to sue based on the false or misleading description of goods (15 U.S.C. § 1125(a)). Keep Reading
Filed under: Labeling, Packaging, Public Policy & Regulations | Leave a comment »
Posted on March 4, 2014 by ePerspective
The U.S. Food and Drug Administration (FDA) published proposals to update the design and content of the Nutrition Facts label (NFL) and associated serving sizes on Feb. 27, 2014. Two factors driving the FDA changes are undeniable: consumers’ expressed desire for the labels to be easier to read and use; and outdated nutrition science and food consumption data that supported the 1993 regulations.
Consumer research shows that more than half of food shoppers are using nutrition labeling (IFIC, 2013; Todd, 2014). Even so, within the first years of use of the NFL, 70% of consumers expressed the need for the labels to be easier to read and use (Kristal, 1998; FMI, 1995). Evolving nutrition science, including new Dietary Reference Intakes (DRIs), updated nationwide food consumption data, and up-to-date comprehensive, evidence-based Dietary Guidelines recommendations warrant changes. Keep Reading
Filed under: Packaging, Public Policy & Regulations | Leave a comment »
Posted on February 7, 2014 by ePerspective
The multiple year journey to farm bill reauthorization is closing in on the finish line. The trip to final passage stopped at the “dairy cliff,” took a fork in the road splitting off food support programs, and visited the rocky hills of farm program reform. Despite the detours, we’ve arrived. After one public meeting and dozens of closed door negotiations, the Senate and House of Representatives conference committee in January finally bridged the divide and reached agreement on a new five-year farm bill.
Filed under: Public Policy & Regulations | Tagged: Farm Bill, research funding, SNAP | Leave a comment »
Posted on January 20, 2014 by ePerspective
Recently, the FDA released a long-awaited final version of its guidance regarding the differences between beverages and liquid dietary supplements. The “Guidance for Industry: Distinguishing Liquid Dietary Supplements from Beverages” had been promised over the course of the last two years as part of the ongoing dialogue between certain U.S. Senators and Congressmen and the FDA. So, now that it is out, what does it mean?
Of course, it is always important to remember that FDA guidances are not the law, but instead, reflect the FDA’s current thinking on the subject. That being said, while guidances aren’t law, they are instructive on how the FDA is likely to act regarding the topic and it is generally advisable to follow the guidance if a company does not want to run afoul of the FDA. Keep Reading
Filed under: Beverages, Public Policy & Regulations | Tagged: beverages, dietary supplements, FDA, Public Policy & Regulations | Leave a comment »
Posted on November 13, 2013 by ePerspective
To many the proposed FDA rule to deny GRAS status to partially hydrogenated oil—and thereby in effect banning it from use—would be a great public health benefit. However, this proposed rule is not without consequences to many individuals, so it is critical that this decision is made carefully.
The FDA and others have stated that further decreases in trans fatty acid consumption could decrease thousands of cardiac events and deaths. These calculations of saving lives by further lowering trans fatty acid consumption assume that the biological effects of trans fatty acid follow a dose dependent linear response. Unfortunately, the pharmokinetics of the biological effects of trans fatty acids are difficult if not impossible to confirm since most studies that show adverse effects of trans fatty acids had to use dietary trans levels in excess of 5% of total energy. FDA has calculated that trans fatty acid consumption of partially hydrogenated oils has decreased from 4.6 g per day in 2003 to 1.3 g per day (2.1 to 0.6% of total energy) in 2010. It is very common for kinetics to not be linear especially at extremely low or high concentrations of bioactive agents. Therefore, it does not seem scientifically prudent to make a bold statement of how many deaths a food ingredient is causing without any clinical data. Keep Reading
Filed under: Bakery, Product development, Public Policy & Regulations | Tagged: bakery, Eric Decker, formulation, policy, trans fats | 14 Comments »
Posted on October 10, 2013 by ePerspective
The partial U.S. government shutdown, now in its second week, has already started affecting the operations of the Food and Drug Administration (FDA). Hardest hit are the FDA operations related to foods. Consequently, food importers, retailers, and consumers should be concerned.
The shutdown will have lesser effects, at least in the short-term, on the FDA divisions that deal with human drugs, animal drugs, medical devices, and tobacco, as each of these divisions collects some type of user fees, giving those divisions a buffer when government funding is unavailable, as is the case during the shutdown. Keep Reading
Filed under: Food Safety, Public Policy & Regulations, Recalls | Leave a comment »
Posted on July 1, 2013 by ePerspective
“Now this is not the end. It is not even the beginning of the end. But, perhaps, the end of the beginning.” Winston Churchill, November 1942
On Tuesday, June 11, the Senate passed S. 954, the Agriculture Reform, Food, and Jobs Act of 2013, by a vote of 66 to 27. Although there were 260 amendments filed to the bill, only a few dozen were actually considered. This agreement also precluded Democrats and Republicans from crafting a package of amendments that could be made to the bill prior to final passage.
Farm bill action moved to the House the week of June 16. The House bill had savings in the food stamp program of $20 billion over the next 10 years, up from $16 billion in last year’s bill. On Thursday, June 21, the House voted to defeat the farm bill by a vote of 195 to 234 for the first time in history. It was the victim of continued divisions over food stamp cuts and the shape of future agriculture subsidies. Keep Reading
Filed under: Public Policy & Regulations | 2 Comments »
Posted on February 6, 2013 by ePerspective
Last month, the U.S. Federal Trade Commission (FTC) issued a final ruling in a case involving POM Wonderful LLC, determining that certain ads for its juice products made misleading claims about the drink’s health benefits. This case has implications beyond the immediate effects on the company involved. The decision will affect a wide swath of the food and beverage industries by further tightening the criteria that will be required to sustain claims that a given product treats a disease. The FTC said that the claims in the instant case must be backed by two randomized, controlled clinical trials. These are essentially the same criteria employed by Food and Drug Administration (FDA) in assessing new drugs. Keep Reading
Filed under: Beverages, Food Health & Nutrition, Public Policy & Regulations, Sales & Marketing | 4 Comments »
Posted on November 14, 2012 by ePerspective
On Nov. 6, California voters defeated Proposition 37 (53.1% to 46.9%), “The California Right to Know Genetically Engineered Food Act,” requiring label disclosure of foods containing genetically modified organisms (GMOs). If passed, the proposition would have prohibited GMO food and other processed food from being labeled “natural.” Keep Reading
Filed under: GM Crops, Public Policy & Regulations | 1 Comment »
Posted on October 10, 2012 by ePerspective
The U.S. Senate and U.S. House Committee on Agriculture have passed their respective versions of the 2012 Farm Bill, but the legislation is stranded, and the 2008 Farm Bill expired on Sept. 30, 2012. Here is a summary report on the current state of play and practical implications of the 2008 Farm Bill expiration. Keep Reading
Filed under: Agriculture, Public Policy & Regulations | Leave a comment »