General Mills GMO Granola Bars: On July 18, a federal magistrate in Colorado recommended that the court stay a proposed class action against General Mills regarding GM’s claims that its GMO Nature Valley granola bars are “100% Natural” until the FDA responds to the Northern District of California’s recent question in Cox v. Gruma: “Can a product be labeled ‘natural’ if it contains GMOs?” The case is Van Atta v. General Mills Inc., No. 1:12-cv-02815 (D. Colo. Oct. 23, 2012) (Krieger, J.).
Clif Bar Prop 65 Case: Also on July 18, the Environmental Research Center filed a Prop. 65 case against Clif Bar & Co. alleging the company failed to warn consumers that certain protein bars and energy snacks contain levels of lead that exceed California’s maximum allowable daily levels. The case is Environmental Research Center Inc. v. Clif Bar & Co., No. CGC-13-532935 (Cal. Sup. Ct. July 18, 2013).
Compounding Oversight: On July 16, FDA asked Congress to expand FDA’s jurisdiction over compounding pharmacies, in the face of recent bacterial and fungal outbreaks that have been traced back to compounders. Compounding pharmacies are regulated by the state, not FDA. FDA currently has jurisdiction over them only to the extent the compounding pharmacies’ activities rise to the level of drug manufacturing. The head of FDA’s Center for Drug Evaluation, Dr. Janet Woodcock, explained to Congress that the current system “isn’t a preventive structure, it’s a reactive structure.”
Brainwave Device for ADD: On July 15, FDA approved the first medical device to assess attention-deficit/hyperactivity disorder (ADHD) in pediatric patients using brainwaves. The device uses electroencephalogram (EEG) technology to record frequency of electrical impulses produced by neurons in the brain.