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Sept. 20, 2010 by Ben Somberg

NYT Checks in on Drywall Situation, Finds Mess

The toxic drywall issue has been relatively quiet in the press for some time now. Some guy in Manatee County FL looks to be trying to flip a few contaminated houses (unclear how much he's repairing them). Habitat for Humanity had a drywall problem in New Orleans. No real big announcements from CPSC of late.

The Times came back to the drywall issue on Saturday, though, and found that the situation remains fairly bleak for many affected homeowners:

But so far the relief has been negligible. Most insurance companies have yet to pay a dime. Only a handful of home builders have stepped forward to replace the tainted drywall. Help offered by the government — like encouraging lenders to suspend mortgage payments and reducing property taxes on damaged homes — has not addressed the core problem of replacing the drywall. And Chinese manufacturers have argued that United States courts do not have jurisdiction over them.

It's as if we should figure out how to catch these problems before they happen.

Sept. 1, 2010 by James Goodwin
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On July 9, 2010, following more than 10 years of interference and delay, the Food and Drug Administration’s rule to prevent salmonella contamination in eggs finally went into effect. FDA officials have argued that this rule—which, among other things, requires farms to test eggs and facilities for salmonella, protect feed and water from contamination, and buy chicks and young hens from suppliers that monitor for salmonella—would have likely prevented the massive salmonella outbreak that has sickened 1,470 individuals and resulted in one of the largest food recalls in U.S. history, with more than half a billion eggs being pulled off stores’ shelves. It’s hard to know whether this is necessarily true or not, but if adequately enforced, the rule certainly would have driven very significant changes to the facilities we've learned about in the past weeks.  Tragically, the salmonella outbreak …

Sept. 1, 2010 by Catherine O'Neill
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According to the egg industry, the thousands of people sickened by eggs contaminated with Salmonella enteritidis have only themselves to blame. As USA Today reported:

"Consumers that were sickened reportedly all ate eggs that were not properly or thoroughly cooked. Eggs need to be cooked so that the whites and yolks are firm (not runny) which should kill any bacteria," says Mitch Head, spokesperson for the United Egg Producers.

"Some people may not think of an egg as you would ground beef, but they need to start," says Krista Eberle of the United Egg Producers' Egg Safety Center. "It may sound harsh and I don't mean it to sound that way. But all the responsibility cannot be placed on the farmer. Somewhere along the line consumers have to be responsible for what they put in their bodies."

With more than 500 million eggs to date subject …

Aug. 27, 2010 by Liz Borkowski
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Cross-posted from The Pump Handle.

The Iowa-based company Wright County Egg is recalling 380 million eggs, which were sold to distributors and wholesalers in 22 states and Mexico, due to concerns about salmonella contamination. The eggs have been sold under several different brand names, so if you've got eggs in your fridge you can check FDA's page for info. Salmonella-infected eggs traceable to this producer may have caused as many as 1,200 cases of intestinal illness in at least 10 states over the past several weeks. A second producer, Hillandale Farms, has also issued a recall 170 million eggs that have been shipped to 14 states.

Before getting into what's wrong with our food-safety system, I want to note the recall might not have happened at all if it weren't for surveillance and investigation activities at the state and national levels.

Officials identified the problem because …

Aug. 18, 2010 by Yee Huang
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In June, the Food and Drug Administration issued Draft Guidance on the Judicious Use of Medically Important Antimicrobials in Food-Producing Animals. The FDA recognizes in the guidance that the “overall weight of evidence available… supports the conclusion that using medically important antimicrobial drugs for production or growth enhancing purposes… in food-producing animals is not in the interest of protecting and promoting the public health.” The public health concern arises where bacteria in these animals develop resistance to the drugs and then are transmitted to food workers and consumers, who then introduce the drug-resistant bacteria into their communities. 

In a new book, Superbug: The Fatal Menace of MRSA, journalist Maryn McKenna details the emergence of one of the most common and increasingly prevalent drug-resistant bacteria, methicillin-resistant Staphylococcus aureus (MRSA). While MRSA was once primarily found in hospitals, McKenna traces the emergence of community-based strains of the bug that …

Aug. 6, 2010 by Lena Pons
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The American Chemistry Council (ACC), a trade association that represents chemical industry interests and is heavily connected to the plastics industry, filed a Request for Correction Monday on the EPA's Chemical Action Plan for Bisphenol A (BPA). The request, filed under a provision of the Data Quality Act (also referred to as the Information Quality Act), is truly astonishing and bears noting. In addition to standard requests that EPA statements be toned down or removed due to conflicting studies, ACC makes several requests that EPA remove statements that are included not as “ knowledge such as facts or data,” but policy statements that reflect EPA’s intent to manage exposure to BPA.

ACC requests in several places that references to a Canadian risk assessment of BPA be deleted because the Canadian assessment was informed by the precautionary principle:

Any reliance in the Canadian assessment to support EPA’s …

July 27, 2010 by Lena Pons
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The Motor Vehicle Safety Act of 2010 (H.R. 5381/S. 3302), the primary legislation on the table in response to the Toyota unintended acceleration fiasco, went through the committee process in the House and Senate earlier this summer. The bills, as introduced, included some tough provisions to respond to gaps exposed by the Toyota episode.

Among important reforms included in the bills currently:

  • More public access to NHTSA’s early warning information database;
  • standards for accelerator control and brake override;
  • a standard requiring redundant systems to ensure vehicle electronics are robust;
  • mandatory event data recorders;
  • significantly increased civil penalties;
  • penalties to hold corporate officials civilly liable for submission of false, misleading or incomplete information to NHTSA;
  • restoration of federal judicial redress if people believe NHTSA has illegally denied their defect petition; and
  • a needed increase in funding for NHTSA.

But as the bills move through the …

July 15, 2010 by Ben Somberg
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The last time the WSJ attempted a big scoop on the Toyota story (attempting to discredit the Prius driver case in California), the article did not hold up well. This week's story ("Early Tests Pin Toyota Accidents on Drivers") has caught attention, and a response from NHTSA: the agency has "several more months of work to do" before it announces conclusions of its investigation.

From the response by Safety Research & Strategies Inc.:

Recall that Toyota reported to Congress in January that the company identified 37,900 customer contact reports “potentially related to sudden unintended acceleration” analyzing “dozens” of data recorders from the thousands of complaints doesn’t extrapolate to a driver error problem. Nor does it explain the large jump in complaint rates when Toyota moved to Electronic Throttle Control (ETC).

How unintended acceleration reports went up when electronic throttle control was added to vehicles …

July 7, 2010 by Ben Somberg
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Sorry to link to the Daily Show again, but I swear it's relevant. On last night's show, Lewis Black covered recent food safety and consumer product safety news.

"But knowingly selling us broken cars, poisoned medicines -- if I didn't know any better, I'd think these companies were just in for the money!"

May 28, 2010 by Ben Somberg
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The Albany Times Union had a nifty, if depressing, scoop over the weekend in "Paterson bottling up mercury ban at plant":

Efforts by the state Department of Environmental Conservation to ban mercury-tainted coal fly ash used by a Ravena cement plant have been bottled up for more than 19 months in a special regulations review office of Gov. David Paterson.

The DEC request to yank permission from Lafarge North America for ash use at its Route 9W plant has been sitting in the Governor's Office of Regulatory Reform since October 2008, according to records obtained under the state Freedom of Information Act by the Times Union.

This isn't the first time we've heard about questionable regulatory review maneuvers in the Paterson administration; last August, the governor issued an executive order seeking to "eliminate unnecessary regulatory requirements" by "removing needless and excessive rules." Here in …

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