LEGISLATION, REGULATIONS & STANDARDS
FDA Announces Final FSMA Produce Safety Rule
The U.S. Food and Drug Administration (FDA) has announced that the produce safety rule of the Food Safety and Modernization Act of 2010 (FSMA) is now final, establishing minimum standards for the growing, harvesting, packing and holding of raw produce for human consumption. Compliance dates are staggered but will affect large operations first.
The key requirements include: (i) establishment of criteria for microbial water quality based on the presence of E. coli; (ii) rules governing the use of raw manure and compost; (iii) testing and corrective-action requirements for cultivation of sprouts; (iv) rules for assessment of contamination by domestic livestock and wild animals; (v) measures for worker training, health and hygiene; and (vi) standards for equipment, tools and buildings. Qualified exemptions and variances are also included for small farms, tribes and foreign countries that export food to the United States.
NAD Rules Ragú Sauce Provided “Reasonable Basis” for Customer Preference Ad Claim
The National Advertising Division (NAD) has ruled that Mizkan America, Inc. provided a reasonable basis for its advertising claim that “consumers prefer the taste of Ragú Homestyle Traditional over Prego Traditional.” The Campbell Soup Co., which makes Prego, challenged the ad on the grounds that Mizkan’s consumer survey methodology was flawed. Both parties conducted a taste test of the products; the Mizkan test reportedly showed a consumer preference for Ragú while the Campbell test showed no preference. The Mizkan test included testing of all tomato-based sauces, while Campbell limited its test to traditional-style sauces. NAD found the Campbell test “overly restrictive” and that its results were not “stronger or more persuasive” than those of Mizkan.
Netflix Sends Cease-and-Desist to "Stranger Things"-Themed Bar
Netflix has reportedly requested that a Chicago bar end its theming related to the company's popular "Stranger Things" show. "The Upside Down" was intended to be a six-week installation run by neighboring Emporium Logan Square, an arcade-themed bar, but success led the creators to plan on extending the pop-up past its scheduled closing date of October 1, 2017. In a letter filled with references to the 1980s-set show featuring a group of children fighting a supernatural entity, Netflix asked the bar owners to close the temporary installation as planned.
"We're not going to go full Dr. Brenner on you, but we ask that you please (1) not extend the pop-up beyond its 6 week run ending in September, and (2) reach out to us for permission if you plan to do something like this again," the letter stated. "We love our fans more than anything, but you should know that the demogorgon is not always as forgiving. So please don't make us call your mom." See DNAInfo, September 18, 2017.