Legal Status and Commercial Impact of the Steuben Foods Litigation
A 2009 multiclient study on “Prospects for Aseptic Processing of Beverages in the U.S.” authored by Gordon Bockner, President, Business Development Associates, projected that low-acid beverages would convert to aseptic processing in order to be filled into PET containers. More recent data appear to confirm the projection that this is indeed a good growth opportunity.
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Some recent legal developments have emerged surrounding Steuben Foods. These developments threaten to have a direct negative commercial impact on near-term growth of this market segment, according to Bockner. He is both an attorney and commentator who monitors the current legal and commercial situation. Bockner has assembled two qualified experts to consider the following developments as the basis for a presentation at the ASEPTIPAK 2011 Global Forum:
- a series of issued U.S. Patents which cover an integral aspect of aseptic processing of low acid foods, specifically the use of a hot peroxide spray to sterilize the inside of a plastic jar or bottle prior to filling it aseptically
- the recent assertion of these patents by the Patentee, Steuben Foods, against several suppliers of aseptic filling equipment seeking a court order that they cease and desist from using or selling the patented technology incorporated in their equipment; and, as well, pay damages for prior use, and
- the potentially disruptive impact of these patents and law suits on the heretofore”exploding” growth of the low acid aseptic market in North America.
In order to discuss the dynamics of this evolving real-world situation and to offer perspectives on realistic alternatives for all concerned, Bockner has invited two experts in the field to consider both the legal and commercial implications of the Steuben lawsuits; and how they relate to each other.
First, Frank Bozzo who is a patent lawyer with the Hultquist IP firm will provide an outline of the patent law that got us here; and the current status of the Steuben lawsuits. His presentation is based strictly on information in the public domain.
Second, Chris Hoemeke who is well known for his work with aseptic packaging previously in association with Sidel and AEB will consider whether in his opinion the ‘Big Chill’ of the Steuben litigation will have a long term impact on the growth of aseptic packaging of low acid foods in the US.
And, third, we will return to Frank Bozzo in order for him to identify both the rights a patent holder may have under his patents and the alternatives for parties sued by patent holders under their patents. He will be available for one-on-one Q&A at the break in a special breakout room after the Session.
To find out more about this important case that could have far reaching ramifications for growth prospects of aseptic processing in the U.S., plan on attending the ASEPTIPAK 2011 Glob al Forum.
ASEPTIPAK 2011 to Feature Special Session on Optimizing Nutritional and Flavor Quality
The food and beverage industry has long relied upon thermal processing to achieve commercial sterility of food and beverage products. With the emergence of new products which contain more thermally sensitive ingredients and nutrients, processors are seeking alternative sterilization approaches which circumvent the loss of flavor, taste and nutrients in these products.
Given the growing concerns alluded above, the ASEPTIPAK 2011 Global Forum will feature a half-day session on “Optimizing Nutritional and Flavor Quality.” The forum will take place on November 2-3, 2011 at the Hilton Rosemont Chicago O’Hare, in Chicago, Illinois, USA .
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The lead-off speaker in this session will be Dr. Raymond A. Bourque, president of the consultancy RAY-PAK, Inc., former Director of Packaging and Processing Technology at Ocean Spray Cranberries, Inc., and a noted expert on food processing. Following are a sampling of the issues that Dr. Bourque will address in his presentation at the ASEPTIPAK 2011 Global Forum:
What is the scientific explanation behind the thermal destruction of nutrients and the chemical components of foods and beverages that cause off-flavors and browning during storage? What are the benefits and shortcomings of Pasteurization, Hot Fill, Retort, Aseptic, UHT, and ESL? Which new products and emerging product categories may contain heat sensitive nutrients and yet also require thermal processing in the future for shelf stability? What strategies and new technologies can be utilized to provide commercial sterility while potentially reducing the thermal degradation of nutrients and flavors during processing and distribution of these new products?
For a clearer perspective of various thermal processing options currently available or evolving, attendance of this special session is a “must.”
Hybrid Induction Resistance Heating in Food Processing
Steam heating is still widely used in direct food processing. However, energy transfer from fossil fuels to thermal processes using steam is inefficient and open to ecological an political rebuke. Cost competitive, alternative-energy replacements to steam should be sought before fossil fuel processes become socially and politically restricted.
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Magnetic induction heating (MI) of foods is highly energy efficient, milder than steam heating, and adaptable to many food states (fluid, particulate and viscous foods). It provides almost instantaneous temperature regulation at the heat exchanger surface. However, the present reliance on retail induction components makes existing MI prototypes rather expensive per unit of supplied heat.
Similar to induction heating, resistance heating can convert electricity to food-heat with high efficiency. Resistance heating units are comparatively inexpensive and well proven technology. Historically, however, unit-cost-minimization has favored commercial selection of resistance heating models with high-heat and low surface area. Ceramic insulated resistance heating elements also discourage rapid temperature regulation. The resulting tendency for bake-on has limited the use of in-line resistance heaters for direct food processing.
Research conducted by Dr. George Sadler of PROVE IT LLC has determined that the combination of a hybrid resistance and MI thermal processing system allows resistance heating to perform the early thermal “heavy lifting” with MI providing the final thermal “polish”. A low watt/cm2 resistance heater provides relatively mild heat treatment in the portion of the thermal process having cooler product temperatures. MI provides mild, precisely-regulated heating in the most thermally sensitive high-heat region of the thermal process. In a combined system, greater than 95% electric-to-food heat conversion is possible in a small-footprint, inexpensive processing unit.
In a presentation to be given by Dr. Sadler at the ASEPTIPAK 2011 Global Forum, the significance and applicability of his findings to food product quality improvement in food processing will be discussed. The forum will take place on November 2-3, 2011 at the Hilton Rosemont Chicago O’Hare in Chicago, Illinois, USA.
With increasing emphasis today on producing food and beverage products with improved flavor, taste and nutrition, Dr. Sadler’s findings are a step in the right direction.
Taking Taceability to the Next Level for the Food Industry
Tetra Pak has developed a new traceability system with important ramifications for the food industry and, in particular, for aseptic processing and packaging plants. This pioneering initiative is an automation system for an entire plant, from ingredient receiving through packaging of the final product. It is an online system that brings total control of the food processing and filling chain, adding safety, transparency, promptness and reliability.
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The Tetra Pak traceability solution is an integrated data collection and control system of food production in all its phases including raw material reception, processing, filling, quality control and distribution. The information is accessed on line for the use of the industry or even by consumers, through a website.
This new initiative will be described in a presentation to be given by Tetra Pak at the upcoming ASEPTIPAK 2011 Global Forum on Aseptic Processing, Filling & Packaging. It will take place on November 2-3, 2011 at the Hilton Rosemont Chicago O’Hare, in Chicago, Illinois, USA.
The new system permits consumers to check the information of the product they buy. A code printed on each package at the filling moment has in itself all the information about that specific product unit - a code that identifies one single product, with all its history, since its “birth’, as an ID number. Through the website, by typing the traceability code which is on a package, the consumer can obtain all the information regarding the origin, production, filling and quality of both the food product and the packaging.
Food safety just took an important step forward with the new traceability system developed by Tetra Pak. To learn more about its capabilities, especially as it applies to aseptic processing and packaging operations, plan on attending the ASEPTIPAK 2011 Global Forum.
Extended Shelf-Life Pasteurized Milk with Taste Superior to Fresh Pasteurized
In the current climate of environmental awareness aimed at reducing energy consumption, conventional pasteurization and refrigerated distribution of milk has diminished economic relevance. Spray drying and UHT processing/aseptic packaging are two current methods for reducing the cost and distribution of milk. Both technologies have economic and product quality limitations. UHT/aseptic milk processing is energy intensive and powdered milk is limited to non-fat dry milk.
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A new, patented technology called Size Reduced Pasteurized Milk has been developed for making a 6-8 times liquid concentrated, pasteurized milk that does not require refrigeration. The technology, developed by Dr. Chuck Sizer, is based on lactose hydrolysis to enable water activity to be used for preservation of the milk. The milk can be re-constituted for drinking, cooking, flavored milk beverages, coffee creamers or ice cream.
Size Reduced Pasteurized Milk maintains a taste superior to fresh pasteurized milk for an extended period of time at ambient temperatures. Moreover, it reduces packaging and distribution costs by 84%. Size reduced milk is also lactose free and thus can be consumed by populations that are lactose intolerant.
A production facility in South America is currently being commissioned to manufacture and distribute Size Reduced Pasteurized Milk. Selected to utilize the technology, this market does not rely on refrigerated distribution and has a large population of lactose intolerant consumers.
This revolutionary new technology will be introduced at the ASEPTIPAK 2011 Global Forum for the first time at any public conference.
AMT Microwave Volumetric Heating: A Revolution in Food Processing
Heat is the enemy of flavor, taste and nutrition of food and beverages. Product quality suffers when conventional thermal heating systems such as convection heating deposit heat thinly at the material surface and rely on conduction to take the heat from the surface to the core. Microwave heating is more efficient and, in theory, can mitigate this thermal history so that product quality can be optimized. But despite widespread use to heat liquids, microwave sterilization has largely remained limited to small devices and laboratory scale equipment.
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Scotland-based Advanced Microwave Technologies (AMT) has now overcome the technical barriers which have restricted usage of this technology and developed a unique system of continually delivering microwave energy deep into liquids on an industrial scale. AMT refers to it as Microwave Volumetric Heating, a completely different approach to the use of microwaves.
This new game-changing technology when applied to food processing is especially relevant in the aseptic packaging arena.
Details of the AMT Microwave Volumetric Heating process will be presented for the first time to a North American audience at the ASEPTIPAK 2011 Global Forum by Douglas Armstrong, the company’s managing director. The forum will take place on November 2-3, 2011 at the Hilton Rosemont Chicago O’Hare, in Chicago, Illinois, USA.
The AMT system of volumetric heating using microwaves has many technical and practical advantages over conventional liquid heating systems, opening up several new opportunities in food processing. Pasteurizing and sterilizing temperatures are more rapidly and evenly attained due to the instant delivery of energy through the total volume of the liquid. This allows thermal retention times to be significantly reduced, resulting in less vitamin damage, better color, flavor and texture.
Pasteurized Orange Juice with Fresh-Squeezed Taste
Attempting to replicate the fresh-squeezed flavor and taste in pasteurized orange juice is extremely difficult. Pasteurization’s high heat processing not only kills food-borne pathogens, it also destroys flavor and aroma compounds and nutrients like vitamin C. To compensate for this, juice companies add back “flavor packs”, according to a recent publication by Dr. Alissa Hamilton of the University of Toronto. Even so, some industry experts like Hamilton maintain that the resulting pasteurized product does not taste like fresh-squeezed juice.
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California-based Raztek Corporation believes that its second generation electroheating technology does yield fresh-squeezed taste. In the proprietary process, an electric current is passed through flowing orange juice concentrate, thereby raising its temperature to 105 degrees C in a fraction of a second. After a half-second hold time, the product is rapidly cooled by mixing it with sterile cold water to reconstitute the juice. This thermal history not only ensures killing microorganisms, but also deactivates all enzymes. It also ensures a high quality, stable product without heat damage, according to Raztek.
The company says that there are a dozen such systems now in operation, each typically processing 14,000 liters/hour of fruit juices.
This technology and supporting research results will be discussed in an exclusive presentation by Raztek’s president, David Reznik, at the ASEPTIPAK 2011 Global Forum on Aseptic Processing, Filling & Packaging. It will take place on November 2-3 at the Hilton Rosemont Chicago O’Hare Hotel, in Chicago, USA.
Diners to Experience Culinary Creativity at ASEPTIPAK 2011 Luncheon
At a luncheon sponsored by SIG Combibloc during last year’s ASEPTIPAK Global Forum, attendees experienced first-hand how aseptic filling technology is able to deliver high quality nutritional and innovative food and beverage products.
Because the luncheon was such a resounding success, ASEPTIPAK 2011 attendees will again have the opportunity to experience the culinary creativity that is possible with aseptic products.
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The ASEPTIPAK 2011 Global Forum on Aseptic Processing, Filling & Packaging will take place on November 2-3 at the Hilton Rosemont Chicago O’Hare Hotel, in Chicago, USA.
The ASEPTIPAK 2011 luncheon will be sponsored by co-packer Leahy/IFP Company. Working with SIG Combibloc, Leahy has successfully employed the most advanced aseptic technologies, delivering nutritional and convenient food and beverage products to the food service industry for many years.
To highlight these capabilities, Leahy in collaboration with SIG Combibloc will be working with the host hotel’s chef to formulate a menu rich in culinary creativity. A multi-course menu will focus on the use of shelf stable fruit purees, concentrates, and ready to drink beverages designed to create flavorful marinades, dressings, sauces, and desserts.
A presentation to be given just before the special luncheon by Leahy/IFP Company’s president, Mike Leahy, will offer case histories on how their West Coast and Midwest manufacturing facilities deploy aseptic filling capabilities in high acid, wine & spirits and soon to come low acid products. The main drivers are delivery of nutrition, safety, convenience, and cost.
Leahy looks forward to delivering a creative and fulfilling culinary aseptic luncheon to the ASEPTIPAK 2011 diners. He is confident that none of the ASEPTIPAK 2011 attendees will depart on an empty stomach, and that the ASEPTIPAK luncheon will again be an unqualified success.
ASEPTIPAK is the world’s only major forum exclusively devoted to aseptic and ESL technology and market developments. To view program highlights and register to attend this unique event, visit Aseptipak Global Forum 2011.
Aseptic Bulk Transportation: An Old Idea, Promising New Approach
Aseptic bulk transport of liquid food products is not new to the food industry, dating back to the early 1970s. Since then, aseptic bulk transport has included drums with sterile bag liners, bag-in-box systems, flexitank bladders in bulk containers, and intermodal tank containers. Each has had its drawbacks, most notably related to handling difficulties, environmental issues and cost.
These challenges in the transport of aseptic liquid food products in bulk quantities are now being overcome, thanks to the combined efforts of Hawaii Intermodal Tank Transport (HITT) and JCS Process & Control Systems Engineering. They have teamed to adapt JCS’s proven and filed UltraBlock™ and AsepTank™ technologies to the fleet of HITT’s food grade intermodal tanks.
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The result is the newly developed AsepTrans™ systems for the CIP, SIP, load-out, long distance intermodal transportation, and receiving of product. This has led to drastically reduced capital and operational investments for reprocessing and aseptic bulk storage facilities, as well as improved product quality.
Details of this new approach to Intermodal Aseptic Bulk Transport will be the subject of an exclusive presentation to be given by JCS at the ASEPTIPAK 2011 Global Forum
on Aseptic Processing, Filling & Packaging. The 1½ day meeting will take place on November 2-3, 2011 at the Hilton Rosemont Chicago O’Hare in Chicago, Illinois, USA.
This new approach to Intermodal Aseptic Bulk Transport promises to revolutionize the not-from-concentrate (NFC) and dairy product businesses by making round-the-world transportation of both sensitive and robust products cost-effective, environmentally friendly, and green with reduced carbon footprint.
To learn more about this ground-breaking aseptic development, register today at www.aseptipakglobalforum.com. The ASEPTIPAK Global Forum is the world’s only major event on aseptic and ESL technology and market developments. Over 200 attended last year
Sterilization Technology Developments to Highlight Aseptipak 2011
As they have since 1983, food and beverage professionals from around the world will once again gather at the annual ASEPTIPAK Global Forum on Aseptic Processing, Filling & Packaging. It will take place on November 2-3, 2011 at the Hilton Rosemont Chicago O’Hare, Chicago, USA.
In one respect this year’s program will be unlike any other in recent memory. Especially noteworthy is a presentation in the session on Alternative Sterilization Technologies. To be given by qualified experts in patent law and aseptic technology and markets, the presentation will focus on the legal status and commercial impact of the Steuben Foods litigation.
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The co-presenters are:
Gordon Bockner (Business Development Associates, consultant to the PET packaging industry and author of a recent multiclient study on aseptic packaging),
Chris Hoemeke (Trustwater), and
Frank Bozzo (a patent attorney with the Hultquist IP firm). This pending case stems from U.S. Patents issued to Steuben Foods covering the use of a hot peroxide spray to sterilize the inside of a plastic container prior to aseptically filling. Steuben Foods has selectively sued certain suppliers of aseptic filling equipment who have, in turn, interposed various defenses.
This important case could have far reaching ramifications for growth prospects of aseptic processing in the US. It may be more than just a coincidence that at this year’s ASEPTIPAK three alternative sterilization technologies will debut which could ultimately reduce dependence on hydrogen peroxide in aseptic processing.
One of these to be introduced in the U.S. by Advanced Microwave Technologies in an exclusive presentation at ASEPTIPAK 2011 is a unique, game-changing microwave heating process. Among its numerous benefits, this highly efficient process enables rapid and even heating so that microorganism are killed at lower thermal retention times.
Another emerging thermal sterilization technology adaptable to aseptic systems is called “hybrid resistance/magnetic induction heating.” This thermal processing system being developed by PROVE IT, LLC allows resistance heating to perform the early thermal lifting with magnetic induction heating providing the final thermal polish. An inexpensive processing unit provides mild, precisely-regulated magnetic induction heating. This new technology will debut in an exclusive presentation at ASEPTIPAK 2011.
The third alternative method under development for the sterilization of packaging will be introduced at ASEPTIPAK 2011 in an exclusive presentation. NanoMed Technologies, Inc. has found that online sterilization of bottles and elimination of potential residuals can be achieved using two rinses each of less than five seconds at 30C. NanoMed claims that the unidentified sterilant being used is classified as GRAS. The technique can be applied to bags, pouches or other sealed packaging filled aseptically.
For those who attend ASEPTIPAK 2011, the above presentations offer an unparalleled glimpse of what aseptic and ESL technologies might look like in the future.
