Posted on February 23, 2015 by ePerspective
The Obama Administration’s recent budget proposal for FY 2016 endorsed the concept of establishing a single federal food safety agency—reviving discussion on what has been a long-standing issue. This initiative has generated many of the same talking points that have surrounded this topic for decades, including everyone’s favorite reference to the absurdity of a system in which the Food & Drug Administration (FDA) maintains processing oversight of a cheese pizza until pepperoni is added, at which point the oversight shifts to the U.S. Dept. of Agriculture’s Food Safety & Inspection Service (USDA FSIS).
There is near universal agreement that no one would design such a system if they were working off a proverbial clean sheet of paper. While this is undoubtedly correct, it forces us to juxtapose this theoretical point against the 100+ years of oversight, policy, and paperwork generated by the FDA, FSIS, and its predecessor agencies, not to mention other relevant players such as the Environmental Protection Agency (EPA), Centers for Disease Control & Prevention (CDC), and countless other state, local, and private parties. This history raises enormous practical and political barriers to change. We have a status quo maintained by a dizzying array of interests, both public and private, scattered through various government, departments, agencies, congressional committees, trade associations, labor unions, etc. Keep Reading
Filed under: Food safety & defense, Public Policy & Regulations | Tagged: FDA, Food Safety, FSMA, USDA | Leave a comment »
Posted on August 27, 2014 by ePerspective
Iowa Senator Chuck Grassley and a number of meat industry observers have called for close antitrust scrutiny by the U.S. Dept. of Justice of Tyson Foods’ announced purchase of Hillshire Brands. While scrutiny of mergers is always a good idea, does this merger really pose a threat to markets or is this simply a knee-jerk, pro forma complaint about change?
In any antitrust matter, the primary concern is defining the relevant market. In this case, both the output and input facets of Tyson’s and Hillshire’s businesses would be of concern.
The two companies both sell meat products but I think it would be difficult to argue that they sell in common markets. Hillshire sells, almost exclusively, further processed, branded items. Tyson does some of that, especially in its chicken business, but it sells far more fresh, unprocessed wholesale pork and beef cuts, many of which go to companies just like Hillshire. Keep Reading
Filed under: Mergers/Acquisitions, Public Policy & Regulations | Tagged: acquisition, antitrust, Hillshire Brands, Tyson | Leave a comment »
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 »