Very few of us who fall sick due to a foodborne illness end up getting compensation for it. Part of the reason is that most of the time we don’t report it and even if we do, it is often hard to point out the food that caused the illness. Food companies prefer to settle […]
Preemption is the rule that federal law reigns supreme above state law. This is known as the supremacy clause. Federal law can preempt state law in the following ways. When the statute clearly and expressly says that the federal statute has full and complete authority over the state. This is called expressed preemption. When the […]
Lawsuits provide an additional incentive for companies to produce and distribute foods that are safe and not misleading. Lawsuits may be civil or criminal. Civil lawsuits are legal proceedings seeking compensation for injuries incurred. For example, getting a foodborne illness and seeking redress to cover cost incurred for medical expenses and lost income during illness. A […]
Criminal lawsuits are initiated by the government against an offending party. The government is referred to as the State, and the person who is being brought into question is referred to as the defendant. Crimes may be in the form of a misdemeanor or felony. A misdemeanor is a minor crime punishable for up to […]
We “eat” with our eyes. Foods must look visually appealing. For this reason, food coloring plays an important role in the food supply. They are used in the food industry for the following primary reasons: To offset color loss due to exposure to light, air, temperature, moisture and storage conditions To correct natural variations in […]
If you have ever eaten any processed food, it is likely that you have ingested a food additive. Although there are many concerns with the safety of food additives, they offer several benefits in foods. These may include: Maintaining product consistency Maintaining nutritional value Maintaining palatability and wholesomeness Improving functionality Enhancing flavor The FDA is […]
Dietary supplements are regulated under the Dietary Supplement Health and Education Act (DSHEA) of 1994. The act amended the FD&C Act by reducing previous restrictive regulations that sometimes caused the FDA to classify some dietary supplements as a drug and therefore remove them from the shelf. The new act reflected Congress’s’ view that changes were necessary given the […]
There are five (5) types of claims that can be used in food labeling (1) Nutrient Content Claims, (2) Health Claims, and (3) Structure/Function Claims, (4) General Well Being Claims, and (5) Classical Nutrient-Deficiency Disease Claims. Nutrient Content Claims A nutrient content claim directly or by implication describes the nutrient level of the food product […]
Definition of Label and Labeling It is important to note the distinction between the words ‘label’ and ‘labeling’. Label refers to legible material that is affixed to the packaging which provides information on the product. However, labeling is a broader term that includes the label along with other materials associated with the product but is […]
