Legislative Line

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The first White House Conference on Food, Nutrition and Health was held in 1969 and influenced the country’s food policy agenda for the next 50 years. It was a huge initiative that eventually resulted in policy and regulatory changes at the U.S. Department of Agriculture, the U.S. Department of Health and Human Services, the Food and Drug Administration, and even non-government organizations. Thus, a lot of attention will be forthcoming this fall as the Biden administration recently made a major announcement that they will host a White House Conference on Hunger, Nutrition, and Health this coming September.

The goal of the planned White House conference may sound simple, but for those who plan, particulate, and then regulate the conference outcomes it is far from that. The announced goal of the conference is, and I quote,” To end hunger and increase healthy eating and physical activity by 2030, so that fewer Americans experience diet-related diseases like diabetes, obesity, and hypertension.” The 2022 White House conference will catalyze the public and private sectors around a coordinated strategy to accelerate progress and drive transformative change in the U.S. to meet these goals. Groups who will work on the project will include anti-hunger and nutrition advocates, food companies, the healthcare community, state and local governments, and others, the White House said.

Members of the food industry and other interested parties are being asked at this time to provide input to the process leading up to the September White House conference. To provide input to the conference agenda, the Biden administration will be hosting listening sessions across the country over the next several months. Preparation for the high-level conference is expected to accelerate progress toward launch of a national plan for achieving the health goals and closing disparity gaps. You can participate and obtain additional information at WhiteHouse.gov/HungerHealthConference.

Legislation Introduced To Improve Food Safety

U.S. Senator Edward Markey (D-MA) has introduced the Ensuring Safe and Toxic-Free Foods Act, which if enacted, will mean stricter regulations of “Generally Recognized as Safe” (GRAS) and create a new FDA office to assess the safety of chemicals in America’s food supply. Other co-sponsors of the proposed legislation include Senators Richard Blumenthal (D-CT), and Elizabeth Warren (D-MA). Thus far, the legislation has been endorsed by the Environmental Working Group, the Center for Science in the Public Interest, Environmental Defense Fund, Breast Cancer Prevention Partners, and Earthjustice.

Citing why his proposed legislation is needed, Senator Markey said, “The only mystery families should encounter at mealtime is what is for dinner, not what is in dinner. Americans deserve to know that the food at their kitchen table is safe for themselves and their families to eat.”

FTC Versus Fake Marketing Reviews

If you shop online for food or general merchandise, you are bombarded with all types of information to get you to make a purchase. Obviously, some of the messages are true, some false, and some bend the truth a bit. Well, the Federal Trade Commission (FTC) wants to resolve this issue. The FTC is proposing an updated set of rules that would attempt to rein in the burgeoning use of phony reviews to hawk products online and also work to prevent the suppression of negative reviews, according to a report that crossed my desk from Nutra Ingredients USA.

“We’re updating the guides to crack down on fake reviews and other forms of misleading marketing, and we’re warning marketers on stealth advertising that targets kids,” said Samuel Levine, director of the FTC’s Bureau of Consumer Protection. The FTC’s recent announcement concerns proposed changes to FTC’s Endorsement Guides document that incorporates some of the suggestions found in the more than 75 comments it had already received on the proposed new guidelines. The document is now open for another round of public comment before being made final.

“FDA Approved”?

The FDA has issued a document reminding consumers and marketers that in only a few cases is ‘FDA approved’ a factual statement. ‘FDA approved’ language and seals appear on hundreds of dietary supplements and functional food products. The logos and statements imply that the products have received an overarching official government imprimatur, when this is never the case, according to a report from Nutra Ingredients USA.

FDA is currently reiterating to marketers that the misuse of FDA’s logo in bogus ‘FDA approved’ statements and or of its seals is a technical violation of the law, and the FDA log should not be used to misrepresent the agency or to suggest that the FDA endorses any private organization, product, or service.

OSHA Previews Upcoming Workplace Safety Rules

Last month the Occupational Safety Health Administration (OSHA) previewed what is on the horizon for workplace safety rules. Speaking to lawmakers, OSHA Administrator Doug Parker noted that OSHA is in the process of developing an infectious disease standard for high-risk workplaces. The rule, which was initially proposed during the Obama administration and will be unveiled later this year, is intended to protect workers from airborne infectious diseases, like COVID-19. Other upcoming standards focus on addressing heat hazards and workplace violence. The agency also reiterated it has no plans to further pursue the broad workplace vaccine mandate that was struck down by the U.S. Supreme Court. Thanks to our public affairs peers at Berman and Company for this bit of information.

USDA Promotes Program Access And Combats Discrimination

The U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) has recently announced that it will interpret the prohibition on discrimination based on sex found in Title IX of the Education Amendments of 1972, and in the Food and Nutrition Act of 2008, as amended, Supplemental Nutrition Assistance Program (SNAP), to include discrimination based on sexual orientation and gender identity. Under the Biden administration, USDA and FNS have issued this latest interpretation to help ensure its programs are open, accessible and help promote food and nutrition security, regardless of demographics.

This announcement from USDA further affirms the agency’s efforts to dismantle barriers that historically underserved communities have in accessing USDA programs and services including workplace policies in food stores. This latest action protects the civil rights of LGBTQ people while complementing USDA’s ongoing efforts to advance equity and access in its nutrition programs. For more information on USDA’s equity efforts, visit usda.gov/equity.

Swipe Fees Back In The News

Last month swipe fees were back in the news as a number of high-level food industry executives testified before the U.S. Senate Judiciary Committee on the Hill. The presentations were aptly titled as “Excessive Swipe Fees and Barriers to Competition in the Credit and Debit Card Systems.”

FMI said in a statement that its organization and its retail food members want to work with Congress in a bipartisan manner to foster competition in the credit card market so they can better serve their customers and communities, especially in these economically challenging times. Implementing network routing competition would be a good first step in addressing the unchecked card fees and lack of transparency retailers face as the condition of accepting credit cards for customer purchases.

The hidden processing fees negatively impact U.S. consumers – at an average of $700 a year for a family. The $137.8 billion in hidden processing fees artificially drives up the price consumers pay for goods and services. Retailers are forced to incorporate these fees in their pricing decisions and sell items at the “credit card” price to cover costs. The impact disproportionally hurts lower income Americans, those who rely on cash, and those who do not have access to high credit card rewards. Bottom line: FMI and other food trade associations want the federal government to establish parameters that would foster competition and transparency so that card networks would have to compete for their business on fees and terms.

That’s all for now. Have a great summer and stay safe and healthy.

Barry Scher is associated with the public policy firm of Policy Solutions LLC and can be reached at Bscher@policy-solutions.net.

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Barry Scher is a government and retail consultant with Policy Solutions LLC. He is a 42-year veteran of Giant/Landover, where he held several key positions, including Vice President of Corporate Public Affairs.
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