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    • Catfish Proves its Culinary Versatility, but Lands Company President in JailMay 22nd, 2009

      By Ricardo Carvajal –   According to a DOJ press release, a federal judge has handed down a 63-month sentence to a seafood company president convicted of participating in a conspiracy to falsely label a certain type of fish from Vietnam to avoid paying federal tariffs.  …

    • FDA Says Cheerios Cereal is a DrugMay 13th, 2009

      By Wes Siegner & Ricardo Carvajal –       FDA has issued a warning letter to General Mills in which the agency alleges “serious violations” of the FDC Act in the label and labeling of Cheerios cereal.  Specifically, FDA contends that the following label claims make Cheerios …

    • New Wave?: Advance in Biotechnology Could Help Usher in Second and Third Wave Bioengineered CropsMay 11th, 2009

      By Ricardo Carvajal –       In two studies  recently published in Nature (see here and here) scientists report success applying a novel technique to more precisely insert genes conferring herbicide resistance into corn and tobacco.  In addition to enabling greater precision, the technique results in stable …

    • FDA Splits the Baby on BSE Final Rule ImplementationApril 29th, 2009

      By Ricardo Carvajal –       FDA has announced that it expects compliance with its final rule prohibiting the use of certain cattle origin materials (e.g., brains and spinal cords from cattle 30 months of age and older) in the food or feed of all animals on …

    • FDA Publishes Memorandum on Use of Symbols to Communicate Nutrition InformationApril 27th, 2009

      By Susan J. Matthees – Last week FDA published a memorandum titled “FDA Comments on Symbols Public Hearing and Current Plans for Addressing Issues.”  The memorandum responds to questions and issues raised during a September 10-11, 2007 hearing titled "Use of Symbols to Communicate Nutrition …

    • Supreme Court Declines to Hear Tuna Warning Preemption CaseApril 21st, 2009

      By Ricardo Carvajal & John R. Fleder – On April 20, 2009, the U.S. Supreme Court let stand the Third Circuit’s decision in Fellner v. Tri-Union Seafoods.  As we discussed in a prior posting, Fellner’s lawsuit contends that Tri-Union is guilty of negligence under New Jersey …

    • FTC vs. Big Food Companies – Round 2?April 20th, 2009

      By William T. Koustas – On April 20th, the Federal Trade Commission ("FTC") announced that it has brought, and at the same time tentatively settled, charges of false advertising brought under the FTC Act against Kellogg, the world’s largest cereal maker.  The FTC accused Kellogg …

    • USDA/APHIS Announces Public Meeting on its Proposed Rule on Genetically Engineered OrganismsApril 13th, 2009

      By Ricardo Carvajal –       The USDA Animal and Plant Health Inspection Service (“APHIS”) will hold a public meeting on April 29 and 30 to foster discussion of  certain issues that were raised during the comment period for its proposed rule on Importation, Interstate Movement, and Release …

    • FDA Announces Meeting on Economic AdulterationApril 6th, 2009

      By Ricardo Carvajal –       FDA has announced that it will hold a public meeting on “economically motivated adulteration” to foster discussion about ways that FDA-regulated industries can “better predict and prevent economically motivated adulteration with a focus on situations that pose the greatest public health …

    • Would Dietary Supplements and Cosmetics Find a Home in a New Food Safety Administration?April 2nd, 2009

      By Ricardo Carvajal –       Among the myriad proposals to overhaul the nation’s ailing food safety system, at least one calls for splitting off FDA’s food safety programs and incorporating them into a new Food Safety Administration ("FSA") within the U.S. Department of Health and Human …

    • CDC Throws a Wet Blanket on SaltMarch 27th, 2009

      By Ricardo Carvajal –       The latest Morbidity and Mortality Weekly Report from the Centers for Disease Control and Prevention (CDC) gives credence to a possible link between higher intake of sodium and an increased risk of hypertension.  According to CDC, nearly 70% of U.S. adults …

    • Scientific Publication Calls for a Second Look at Setting a DRI for EPA and DHAMarch 24th, 2009

      By Ricardo Carvajal –       In June 2008, the Technical Committee on Dietary Lipids of the International Life Sciences Institute sponsored a workshop titled “Towards Dietary Reference Intakes for Omega-3 Fatty Acids.”  A summary of the workshop participants' conclusions is now published in the Journal of …

    • Seventh Circuit Reverses an FDC Act Food Felony Conviction:March 23rd, 2009

      By Riëtte van Laack & J.P. Ellison – The Seventh Circuit’s March 12, 2009 decision in United States v. Farinella starkly shows what can happen when, as the court concluded, a prosecutor relies on bad facts for the government and combines that with no controlling law, …

    • Georgia Won’t Wait for Feds; Legislature Forges Ahead with Food Safety BillMarch 22nd, 2009

      By Ricardo Carvajal –       The Augusta Chronicle reports that the Georgia legislature will soon be sending new food safety legislation to Gov. Sonny Perdue for his signature.  Senate Bill 80 (S.B. 80), which was unanimously approved by both houses, directs the Commissioner of Agriculture to issue …

    • Federal Circuit: You Can’t Mend a Broken Egg; USDA’s Regulation Controlling Salmonella in Eggs Held Not to Result in a Fifth Amendment TakingMarch 19th, 2009

      By Riëtte van Laack & Ricardo Carvajal –       In a reversal of a U.S. Court of Federal Claims decision, the U.S. Court of Appeals for the Federal Circuit held in Rose Acre Farms, Inc. v. United States that an egg producer did not suffer a …