Rosa DeLauro (or Howard Dean) for FDA Commissioner

Speculation abounds about who Barack Obama will choose for FDA Commissioner. While most pundits are touting Steven Nissen, Joshua Sharfstein or Susan Wood, I support Representative Rosa DeLauro (D-CT) or Dr. Howard Dean for FDA Commissioner.

I oppose Janet Woodcock. She doesn't represent change and she is a favorite of big Pharma. By its nature, the FDA is divided between food and drug issues. I prefer a candidate versed in food issues. Steven Nissen is a good candidate, though I prefer Joshua Sharfstein to Nissen because of his consumer advocacy credentials.

I have mixed feelings about Professor Susan Wood who directed the FDA's Office of Women's Health until her resignation in 2005 over the continued delay in approving emergency over-the-counter contraception. I'm not sure that quitting was the right thing to do when the nation needed voices like hers to see issues through.

Democratic National Committee Chairman Howard Dean is an incredibly effective person who has been able to work behind the scenes for Democrats to change the face of the nation. His 50-state strategy has been successful and he has been a life-long populist and advocate of consumer protection issues.

Roas DeLauro is on the right side of food safety issues and has introduced numerous resolutions in Congress with the express purpose of changing the lax regulatory environment at the FDA. She has recognized that left to its own devices, the FDA would simply choose not to regulate and not to honor its statutory mandate. She has recognized that the agency is underfunded and ineffective. She has led the charge on melamine taint. She is not afraid to speak truth to power and is a reliable friend to food activists.

Rosa DeLauro would be my first choice for FDA Commissioner.

Nestle Nesquick Strawberry Powder, Schwan's Chicken Products, Ziegler Hot Dogs Recalled

R. L. Zeigler Co., Inc., a Selma, Ala., firm, is recalling approximately 28,610 pounds of hot dog products that may be contaminated with Listeria monocytogenes.

The following products are subject to recall:

12-ounce packages of "ZEIGLER WIENERS MADE WITH CHICKEN AND PORK, ARTIFICIALLY COLORED." Each package bears the use-by date of "Nov. 26, 2008" and the establishment number "P-9156S" inside the USDA mark of inspection.

12-ounce packages of "VACUUM PACKED PAR-TI PUPS." Each package bears the use-by date of "Nov. 26, 2008" and the establishment number "P-9156S" inside the USDA mark of inspection.

12-ounce packages of "ZEIGLER Original Recipe WIENERS, artificially colored." Each package bears the use-by date of "Nov. 26, 2008" and the establishment number "EST. 9156S" inside the USDA mark of inspection.

16-ounce packages of "Zeigler Jumbo Franks." Each package bears the use-by date of "Nov. 21, 2008" and the establishment number "P-9156S" inside the USDA mark of inspection.

12-ounce packages of "Zeigler Hot Dogs." Each package bears the use-by date of "Nov. 26, 2008" and the establishment number "P-9156S" inside the USDA mark of inspection.

10-pound bulk boxes of "SKINLESS WIENERS, 8 WIENERS PER LB." Each box bears the package code "PK 092208A" and the establishment number "EST. 9156S" inside the USDA mark of inspection.

10-pound bulk boxes of "SKINLESS WIENERS, ARTIFICIALLY COLORED, 10 WIENERS PER LB." Each box bears the package code "PK 092208A" and the establishment number "EST. 9156S" inside the USDA mark of inspection.

10-pound bulk boxes of "SKINLESS WIENERS, 10 WIENERS PER LB." Each box bears the package code "PK 092208A" and the establishment number "EST. 9156S" inside the USDA mark of inspection.

10-pound bulk boxes of "SKINLESS WIENERS, 12 WIENERS PER LB." Each box bears the package code "PK 092208A" and establishment number "EST. 9156S" inside the USDA mark of inspection.

The hot dog products were produced on Sept. 22, and were sent to food service institutions and retail establishments in Alabama, Florida, Georgia, Mississippi, and Tennessee.

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In a separate recall: Barber Foods Company, of Portland, Maine is recalling approximately 41,415 pounds of frozen stuffed chicken products that may contain foreign materials.

The following products are subject to recall:

20-ounce, cartons of "#584 SCHWAN'S STUFFED CHICKEN KIEV." Each carton contains 4 individually wrapped boneless breast units. Ink-jetted on the side of each carton is a product identification code of "T282171000," as well as a code of "21781" on each wrapper. Each carton bears the USDA mark of inspection.

20-ounce, cartons of "#584 SCHWAN'S STUFFED CHICKEN KIEV." Each carton contains 4 individually wrapped boneless breast units. Ink-jetted on the side of each carton is a product identification code of "T281382000," as well as a code of "13882" on each wrapper. Each carton bears the USDA mark of inspection.

20-ounce, cartons of "#584 SCHWAN'S STUFFED CHICKEN KIEV." Each carton contains 4 individually wrapped boneless breast units. Ink-jetted on the side of each carton is a product identification code of "T281541000," as well as a code of "15481" on each wrapper. Each carton bears the USDA mark of inspection.

The products were produced on May 17, June 2 and August 4, and were made available for catalog or internet purchase from the Schwan's Home Service, Inc. by consumers nationwide.

The problem was discovered after the Schwan's Home Service, Inc. received consumer complaints of finding pieces of rubber in the product.

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And finally, Nestlé USA is voluntarily recalling two (2) production codes of Nestlé Nesquik Strawberry Powder 21.8 ounce that may contain small fragments of aluminum.

The recall only includes two (2) production codes of 21.8-ounce containers of Nestlé Nesquik Strawberry Powder. Printed on the bottom of each plastic container is a production code of "82255880" or "82265880" with a best by date of "August 2010."

The products were produced on August 12 and 13 and were distributed in the U.S. and in Puerto Rico.

Country of Origin Labeling For Dairy Products Needed to Protect Consumers From Melamine Taint (S.3653), Melamine Taint May Go Beyond Dairy Products

Partly in response to growing concerns about the potential for melamine contamination of milk products and milk-derived ingredients imported from China, Senator Hillary Clinton (D-NY) introduced legislation in the Senate aimed at extending country-of-origin labeling requirements to dairy products.

The Dairy COOL (country-of-origin labeling) Act of 2008, S.3653, extends the country-of-origin labeling requirements (as contained in the 2008 farm act) beyond meats, produce and nuts to include dairy products.

Dairy COOL would require retailers of a product derived wholly or partly from milk or milk-derived ingredients designate where the covered dairy commodity or commodities were produced, originated or sourced, and each country in which the covered commodity was processed. The bill won support from some producer and consumer groups, and industry groups are “reviewing” the proposed legislation (most likely looking at the financial impact on its members, rather than the food safety considerations).

Milk and milk products that may originate from China included condensed, dried and non-fat milk, condensed and dried whey, lactose powder, permeate powder, demineralized and partially demineralized whey powders, caseins, yogurt, ice cream, cheese, whey protein concentrate and milk protein concentrate.

Manufacturers also need to be alert to the possibility that non-milk-derived ingredients from China that are or may be sold on the basis of protein content, such as soy protein, also could be contaminated with melamine, according to the F.D.A.

Restaurants Oppose What Will Likely Be The Nation's Toughest Calorie Disclosure Law

At last night's public meeting, restaurant representatives vocally opposed Nashville’s proposed calorie count disclosure law. Restaurant owners and trade associations have mastered all the talking points of the National Restaurant Association, and whined the following: (1) “They want to post calories, just not on the actual menu board or menu.” (2) “The measure will put restaurants out of business, or deter restaurants from opening in Nashville.” (3) “The costs are more than restaurants can manage in these hard economic times.” and, (4) Restaurants will close and jobs will be lost.”

The proposal is the toughest in the nation, and it would likely apply not just to the 500 or so fast food and chain restaurants in Davidson County, but also to Nashville’s public schools, its chain movie theaters, and supermarkets that serve prepared foods on site. The proposal is written very broadly and defers to state definitions for its applicability to "covered food service establishments."

Restaurant owners and trade associations are hoping for passage of the LEAN Act, pending federal legislation that would preempt all state and local menu board disclosure laws, and enable restaurants to post calorie information in menu supplements or on other signs. Also pending is the federal MEAL Act which mirrors NYC's menu law and would preserve similar and more restrictive local and state laws.

Board members voted to extend the deadline to Dec. 6 for public comment. The board will vote on the measure at its February meeting.

Deflating the Power of Genetically Engineered Seed Companies, and Restoring the Balance of Power to Farmers

Agribusiness and biotechnology companies have rapidly consolidated their market power through: (1) government complacency, and (2) overwhelming market clout as compared to farmers and growers. Historically, seed buyers purchased not only seeds, but also the future means of production -- saved seeds from a successful crop for replanting the following year. Different rules apply to genetically engineered seeds, and contracts for the sale of genetically engineered (GE) seeds contain provisions contrary to sound public policy.

Powerful seed companies often impose onerous conditions on growers, including a prohibition on saving seeds from current crops for future use. Growers must grant access to seed companies to their land at any time to enable the seed companies to test for unauthorized planting of GE crops. Farmers must agree to punitive measures and fees for contract violations, and agree in advance to mandatory arbitration of disputes and mandatory jurisdiction in courts far from home.

Seed companies already have and continue to work on technology to render plants infertile, known as Genetic Use Restriction Technology (GURT) or colloquially as “terminator technology.” By modifying seed with certain genes, companies ensure that the next generation of seeds self-destructs and are unable to reproduce. Essentially, the plants make sterile seeds, making seed saving impossible and mandating that growers purchase new seeds every year, year after year.

Consolidation of Seed Companies and Market Power

Dow AgroSciences has acquired or is acquiring Brodbeck Seed, Triumph Seed, and Dairyland Seed Company. It is also making acquisitons overseas, including Sudwestsaat GbR (SWS), MTI and Duo Maize.

Monsanto acquired Seminis, Inc., DeRuiter Seeds, and Semillas Cristiani Burkard.

Bayer CropScience acquired South Korean vegetable seed company SeedEx. These are but a few examples of recent consolidation. Consolidation continues and governments stand idly by.

US Legislation to the Level The Playing Field

While most public advocacy groups focus on legislation to mandate labeling of GM foods, a resolution was introduced recently in Congress by Dennis Kucinich (D-OH). HR 6637, also known as the Genetically Engineered Technology Farmer Protection Act, seeks to define genetically engineered animals, plants and seeds and level the playing field for farmers. The Act recognized both the rapid consolidation of agribusiness and biotechnology companies, and the detrimental effects it has on farming and sustainability.

The Act specifically makes void and unenforceable any provision in a genetically engineered seed contract that prohibits the grower from retaining seeds from the crops for future use, or that imposes a fee on the grower to retain seeds for future use. This restores the natural order where farmers have saved seeds for centuries to replant in future years.

The Act also renders void any contract provision that requires the grower to grant access to his land to the seller of the seeds or their testing agents. It does away with mandatory arbitration clauses and enables growers to sue biotech companies in the grower’s local courts. It also does away with contract clauses imposing arbitrary and punitive fees on growers for reusing seeds. To further level the playing field, the Act enables courts to void “unfair conditions” set by seed sellers in their contracts.

This proposed law is sweeping and necessary to contain the power of seed companies and the control they’ve acquired over the means of food production. It makes the acquisition of seeds an arms-length transaction and precludes inclusion of adhesive contract provisions in GE seed contracts.

Ban on Terminator Technology

In a separate provision, the law would also prohibit the manufacture, distribution, planting or other use of any seed that is genetically engineered to produce plants whose seeds are infertile. It also bans genetically engineered plants whose seeds become infertile by the application of an external chemical inducer – that is a plant genetically programmed to become sterile upon the application of another chemical.

This ban is essential, forward-thinking legislation. It strives to stall a future where food is grown only with the consent of seed manufacturers and at prices imposed by them for viable plants and seeds.

Status of the Resolution

HR 6637 has five co-sponsors and last month was referred to the House Subcommittee on Livestock Dairy & Poultry. Dennis Kucinich’s remarks about the HR 6637 appear in the Congressional Record.

This legislation will be opposed by agribusiness and biotechnology and their lobbyists with every resource at their disposal. Urge your representatives to support this bill and to add their names as co-sponsors. Tell them not to let it die in committee.

USDA/FSIS Tests Reveal Impermissible Levels of Drugs In Slaughtered Farm Animals

The U.S. Food and Drug Administration (FDA) conducted an investigation of Paul Rothemel’s cattle operation located at 184 State Route 44, Hartville, OH 44632, and found Rothemel offered for sale an animal for slaughter as food that was adulterated.

United States Department of Agriculture, Food Safety and Inspection Service (USDA/FSIS) analysis of tissue samples collected from a bob veal calf identified the presence of flunixin at 0.425 parts per million (ppm) in liver tissue and 0.035 ppm in muscle tissue. There is no FDA established tolerance for residues of flunixin in the edible tissues of calves. Flunixin is a FDA regulated veterinarian drug used to alleviate fevers and pain.

The investigation also found that Rothemel held animals under conditions that are so inadequate that medicated animals bearing potentially harmful drug residues were likely to enter the food supply. Rothemel also lacked a system to ensure that animals he buys and then sells for slaughter as food have not been medicated or, if they have been medicated, he lacked a system to allow him to withhold the animals from slaughter for an appropriate period of time to deplete potentially hazardous residues of drugs from edible tissues.

Rothemel also fails to keep accurate records of animals he buys and sells to ensure that the animal can be traced back to the producer or other dealer.
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In a separate investigation, the FDA conducted at Andrew Miller’s dairy operation located at 7111 State Route 514, Big Prairie, OH 44611., the FDA found Miller offered for sale a bob veal calf for slaughter as food that was adulterated.

United States Department of Agriculture, Food Safety and Inspection Service (USDA/FSIS) analysis of tissue samples collected from this animal identified the presence of 26.27 ppm of Penicillin in the muscle tissue, 0.86 ppm of Penicillin in the liver tissue and 0.42 ppm in the kidney tissue. FDA has established a tolerance of 0.05 ppm for residues of Penicillin in the edible tissues of cattle. Tests revealed residues up to 500 times permitted tolerances.

The investigation also found that Miller held animals under conditions so inadequate that medicated animals bearing potentially harmful drug residues were likely to enter the food supply. Miller failed to maintain treatment records; failed to establish a system to control the administration of drug treatments to his animals; and failed to establish an adequate inventory system for determining the quantities of drugs used to medicate his cows and calves. Miller also fed milk from treated cows to calves intended for slaughter.
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This from the Kyoto News Service

Chinese food safety authorities said Tuesday that seasoned soy sauce imported from Japan contains arsenic six times the Chinese standard, while powered coffee imported from Japan contains copper three times the level permitted under Chinese regulations.

The seasoned soy sauce imported from the Japanese soy sauce maker Morita contains 3.15 milligrams of arsenic per kilogram, while copper was found in "Royal Blend" powdered coffee imported from Japan, China's General Administration of Quality Supervision, Inspection and Quarantine said. The Chinese standard is set at 0.5 mg per kg, according to Chinese officials. Officials at Morita, based in Nagoya, said sliced dried bonito used as seasoning in the company's soy sauce contains organic arsenic but the level of arsenic in the sauce does not affect human health.

Doutor Coffee, the Tokyo-based producer of the "Royal Blend" powdered coffee, said the company has launched an investigation into the Chinese claim. The coffee was imported from Tokyo-based office coffee service firm Unimat Life.

Smart Choices Front-of-Package Food Label Program Is Bad Policy, Burdened by Industry Conflicts

Smart Choices? Bad Policy.

The Smart Choices Front-of-Package food label program was recently launched at the American Dietetic Association’s annual Food and Nutrition Conference and Expo. It is the brainchild of the not-for-profit (and tax-exempt) Keystone Center Food and Nutrition Roundtable. Keystone has organized industry titans, including Kraft, Coca-Cola, PepsiCo, Kellogg, Unilever and many others and created its “BIG GREEN CHECKMARK” for eligible foods. The logo will depict calorie counts and number of servings per package, and a product can display the seal if it meets standards set by the Roundtable. Participation is fee-based and optional.

The program has received a lot of positive publicity, and there is a huge PR effort to make Smart Choices into a consumer standard for identifying good food choices.

I think the effort is misguided. It is “just-another” industry effort to self-regulate and to limit the actual dissemination of information on good versus bad food choices. From its outset, the program would have a funding stream conflict of interest, as its source of revenue to sustain itself would be conditioned on the participation of food manufacturers. That funding stream would likely dry up if standards were too rigorous, or if foods that failed to meet standards were required to state their shortcomings on their front package labels. Even in Keystone’s Request for Proposal seeking an administrator for the program, it repeatedly highlights the need to control costs to participants and to minimize the burdens on manufacturers in the provision of nutritional information.

Michael F. Jacobsen, executive director of nonprofit Center for Science in the Public Interest recently wrote: “A disinterested funder and committee of experts free of conflicts of interest likely would have rated the healthfulness of foods differently from the ‘better for you’ Smart Choices Program adopted by the roundtable.”

A system that is not mandatory for all foods and beverages is inherently flawed and is no different from current laws that permit manufacturers to make product claims related to good health. Smart Choices will be just another of the 25 icon systems currently in the US marketplace that permit manufacturers to puff up their food's desirability with health claims.
Also, unless there is a “Dumb Choice” standard, similar to the “Traffic Lights” program in the UK, the system is neither meaningful nor comprehensive. Self-regulation is preferred by industry as manufacturers would not be required to disclose which food products in their portfolios are “not” smart choices. The FDA mandated Nutrition Facts Panel currently in use requires uniform disclosure for all products, favorable or unfavorable.

Pending in the Senate, and part of Tom Harkin’s (D-IA) HELP America Act (S.1342, Section 421, Front-Label Food Guidance Systems), is a mandate for the Secretary of Health and Human Services to solicit public comments regarding whether American consumers would be better served by establishing a single, standardized, retail front-label food guidance system regulated by the FDA.

The Center for Science in the Public Interest (CSPI) has also petitioned the FDA to develop a standardized system of symbols for front-label claims.

The better route is establishment by the FDA of a directed, standardized, and comprehensive front-of-package food labeling program and icon system with unified criteria based on the best available science, and geared toward the public’s interest in health. It should apply to all foods and beverages, and not be compromised by dependence on industry funding or industry science.

Progresso Soup Recall For Product Label Error

General Mills has recalled a single day's production of Progresso Hearty Tomato soup because of a product labeling issue. Product produced on this date may have been mislabeled, and may contain allergens not listed on the ingredient label, specifically egg, milk, and soy.

This voluntary recall includes only 19-ounce Progresso Hearty Tomato soup with the following code date printed on the bottom of the can: 19May10 NV VN-3

A production error resulted in a limited number of cases of Progresso Light Vegetable and Noodle soup being mislabeled as Progresso Hearty Tomato soup. Mislabeled cans have the code date 19May10 NV VN-3 on the bottom of the can, but are mislabeled as Progresso Hearty Tomato soup.

Nashville Revises its Proposed Menu Board Law, Rockland County's Law Similar to NYC's Menu Board Law

In Nashville, where over half of adults are overwieght or obese, the health department has revised its original proposal from its first information session. While restaurants would still be required to print the calorie counts of menu items—health department officials made the following modifications to the proposed rules:

1. Restaurants with 15 or more stores must print calorie counts on their menus. This number was raised from 10 in the earlier draft.

2. Regulations would extend to retail grocery establishments with in-house dining, such as Whole Foods.

3. Restaurants would have until the end of 2009 to comply with the regulations.

4. The following language was added in an attempt to allay fears of potential lawsuits: “This regulation is not intended to provide or be used to support a private cause of action by any individual, other than an individual, entity, or agency authorized to enforce this regulation, against a covered food service establishment for compliance or non-compliance with this regulation. This regulation does not prohibit a covered food service establishment from including a statement on a menu or menu board that there may be variations in calorie content values across actual servings based on slight variations in serving size, quantity of ingredients, or special ordering."

The Metro Board of Health will consider the regulations, which are intended to help fight the rising trend of obesity, at the Dec. 4 meeting. Written comments will be accepted until Nov. 13.

At issue is still whether Nashville's law would apply to public schools. If so, it would be the toughest law in the country. Also, Nashville's legal disclaimer may be a mechanism to smooth approval by industry groups (though industry opposes any requirement that calorie counts be posted on menu boards, and prefers the option to hide information in menu supplements or other signage). Read more about Nashville.

The Journal-News reports today (on its front page - Rockland Edition) that Rockland is entering the national dialog about posting calories on fast food restaurant menu boards and chain restaurant menus. A new local law would mandate calorie disclosures a la NYC. Voices from business weigh in on the financial burdens and the so-called "nanny state" -- these are industry's talking points. There is no schedule set yet for public comment.

Recognizing that one in four British adults is overweight or obeste, the Minister of Department of Health and the Food Standards Agency has called for calorie content on all chain restaurant menus. Read more.

It is time in America for consumer protection laws to be written by consumer protection groups, not by the industries that cause the problems in the first place. Foxes should not guard henhouses. Those following my earlier posts know that an industry coalition has been formed to pass the LEAN Act, a federal statute that would trump all state and local laws and permit fast food joints and chain restaurants to hide calorie information in menu supplements or on signage near menu boards.

Consumer protection friendly legislation called the MEAL Act is also pending in Congress that would permit state and local laws to retain their status, and that would mandate that calorie information appear where consumers are most likely to see it - on the menu board by the prices, and on menus by the item description and price.

Until federal laws are passed, support state and local initiatives require calories be posted where they will be seen. Stand up to local, state and national industry associations and lobbies, and tell your Congressman or Senator that you support the MEAL Act. Ask them to co-sponsor the law and reject industry efforts to water it down.

Speak truth to power!

FDA Discovers Melamine in Fresh & Crispy Jacobina Biscuits

Everlasting Distributors Inc., Bayonne NJ is initiating a nationwide recall of all their 3.88oz (110gm) packages of Fresh and Crispy Jacobina Biscuits because it may be contaminated with Melamine.

Product was distributed nationwide in Asian Grocery stores.

The product comes in 3.88oz (110 gm) blue and red color clear plastic package, labeled “JACOBINA”.

The recall was initiated after FDA testing discovered that product was found to contain Melamine.