In this episode, we cover "economic adulteration," which is intentionally changing a food product's composition for an economic motive (e.g., removing or substituting a valuable ingredient or part of a food). This is often referred to as “food fraud." Keller and Heckman Partner Tony Pavel joins us to provide an overview of the history of economic adulteration in the U.S. and more globally, and how this phenomenon has contributed to the evolution of food safety laws. We cover a few different examples of economically adulterated food products, which shed light on the ongoing challenges that regulators, food safety experts, and supply chain managers face in addressing this issue. We also discuss what companies should be doing to mitigate risk.

This episode provides an update on recent activity involving the use of food additive titanium dioxide (TiO2). It includes a brief background on the use of TiO2 followed by the recent inquiries into the safety of TiO2 in France and Europe, and a recent statement by FDA confirming the safety of the food additive. Dr. Ivan Boyer, a staff toxicologist at Keller and Heckman, shares his insights on the scientific data and the deficiencies in the EFSA assessment that underpinned the recent European ban on TiO2 as a food additive.

This episode explores California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Partner Sophie Castillo, an attorney from Keller and Heckman’s California Proposition 65 and Litigation practices, shares her insights on complying with Proposition 65. Sophie provides background on the law, the significance of a Proposition 65 warning, preemption and other legal challenges, as well as Office of Environmental Health Hazard Assessments (OEHHA) and bounty hunter activity. Additionally, the episode dives into trends in the chemicals and product categories targeted by bounty hunters.