government watch: 06/2002

Woman Seeks $50 Million in Damages Caused by Mislabeled Fat Content

NEW YORK--A former New York Post columnist is suing Robert's American Gourmet Food Inc., based in Sea Cliff, N.Y., for labeling its Pirate's Booty corn puffs as having 2.5 g of fat per 1-ounce serving--even though it tested for 8.5 g. According to the Post, Meredith Berkman filed papers in Manhattan's Supreme Court to collect damages for "exposure to high-fat, high-calorie food, weight gain ... mental anguish, outrage and indignation." The suit is for $50 million.

The labeling problem was first brought to the public's attention in December 2001 when the company initiated a recall of three products--Pirate's Booty, Fruity Booty and Veggie Booty--due to mislabeled nutrient claims. In all, 2,200 4-ounce bags were recalled with a sell-by date of June 11, 2002. In the Food and Drug Administration (FDA) recall, the agency names Robert's as the creator and distributor of the snacks and Easton, Pa.-based Keystone Foods as the manufacturer. (For more on the recall, visit www.fda.gov/bbs/topics/enforce/2002/ENF00736.html.)

Additional coverage of this issue was in the March 2002 Good Housekeeping. The magazine's consumer product evaluation laboratory, The Good Housekeeping Institute, learned of the discrepancy in content claims after sending 10 bags of Pirate's Booty to an independent lab earlier this year. Not only did the tests indicate a 6-g inconsistency in fat content, but that the puffs also had more calories than what was labeled--147 vs. 120 per serving. (For more on the Institute's findings, visit http://magazines.ivillage.com/goodhousekeeping/archive/0,12872,404902,00.html.) 

According to a letter on Robert's Web site (www.robscape.com), the company blamed its manufacturing facilities for the product problem. As a result, Robert's installed new machines to make the three snacks in question.

Pirate's Booty is now labeled as having 128 calories and 5 g of fat per 1-ounce serving. In terms of the ingredient panel, corn meal is now labeled the first ingredient rather than rice. According to the Post, The Good Housekeeping Institute has verified Pirate's Booty is now properly labeled.

For more on the Post's story, visit www.nypost.com/seven/04132002/news/regionalnews/14302.htm. 

E'OLA Signs FDA Consent Decree

ST. GEORGE, Utah--Biogenics Inc. dba E'OLA International signed a consent decree with the Food and Drug Administration (FDA) prohibiting the company from manufacturing or distributing any products that violate FDA regulations. The decree stems from an October 2001 seizure of products containing ephedrine hydrochloride (HCl) that were labeled as dietary supplements for obesity.

Under terms of the agreement, Biogenics may not market any products containing ephdedrine HCl, or any synthetic ephedrine alkaloid, or any unapproved drug product. Also, the company (www.eola.com) must destroy, at its own expense, the 140,000 bottles of AMP II Pro Drops that were seized by U.S. marshals in October.

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