Shook, Hardy & Bacon Agribusiness & Food Safety Co-Chair Madeleine McDonough will discuss “Pre-Litigation Risk Management Strategies” at the GMA Consumer Complaints Conference slated for April 7-9, 2010, in Washington, D.C. The conference is designed specifically for food industry staff working in the areas of consumer affairs, call center management, consumer complaints, product liability claims, and quality assurance.
Posts By Shook, Hardy & Bacon L.L.P.
A recent study has reportedly confirmed that 21 meatpackers working at a Quality Pork Processors, Inc., facility contracted a neurological disorder after inhaling aerosolized pig proteins. Daniel H. Lachance, et al., “An outbreak of neurological autoimmunity with polyradiculoneuropathy in workers exposed to aerosolised porcine neural tissue: a descriptive study,” The Lancet Neurology, November 30, 2009. Researchers identified the proteins as the trigger for an autoimmune response involving debilitating pain, weakness and numbness in extremities. The authors also examined blood samples from 100 asymptomatic workers, finding that one-third had the same antibody response as those reporting neurological ailments. “The pattern of nerve involvement suggests vulnerability of nerve roots and terminals where the blood-nerve barrier is most permeable,” stated the study abstract, which did not offer an explanation for why some workers became ill while others appeared healthy. The study noted that subjects with the strongest antibody response were closest in proximity…
Writing for the European Parliament’s news, policy and information service, Sir Paul McCartney in this article urges members of Parliament (MEPs) and other government stakeholders to promote “meat free Mondays,” a campaign calling on consumers to eat less meat in an effort to slow climate change. According to McCartney, who also brought his message to the Global Warming and Food Policy Conference held December 3, “having one designated meat-free day a week is a meaningful change that everyone can make—that goes to the heart of several important political, environmental and ethical issues all at once.” He subsequently appeals to “world leaders converging on Copenhagen for the climate change talks to remember that sustainable food policy is an essential weapon in the fight against global warming.” The article cites a 2006 Food and Agriculture Organization (FAO) report titled “Livestock’s Long Shadow,” which apparently “warned that emissions from global livestock production comprise…
Noting the absence of significant regulatory oversight, this article discusses the use of nanotechnology in foods, food packaging and food supplements. While the Food and Drug Administration has decided not to regulate products according to the technology used, it will apparently issue a guidance document on nanotechnology in 2010. The article cautions that “companies need to realize the EU, Canada and the State of California have all requested information from manufacturers of nanoscale products.” According to the market data on nanotechnology, while little food with nanotech ingredients are on grocery store shelves today, food packaging is an active application that accounts for billions in sales. Manufacturers are apparently using the technology to develop “improved tastes, color, flavor, texture and consistency of foodstuffs, increased absorption and bioavailability of nutrients and health supplements, new food packaging materials with improved mechanical, barrier and antimicrobial properties, and nano-sensors for traceability and monitoring the condition…
Ocean Spray, which introduced its Choice® dried cranberries in March 2009, has called “inaccurate” National Consumer League (NCL) allegations that the product is falsely labeled because it contains more sugar than cranberry. The NCL also reportedly contended that Choice® sweetened dried cranberries, which are sold to food manufacturers for use in baked products, trail mix, granola bars, and cereals, are made from cranberry skins. NCL apparently had the product tested and is concerned whether enough cranberry is being used to confer the fruit’s purported health benefits. A company spokesperson was quoted as saying, “Our Choice product is made from Grade A superior frozen whole cranberries which are then sliced and sent through our patented process including infusion of sugar, citric acid and elderberry juice to infuse flavor and color specifically developed to meet our industrial consumers’ needs for their variety of recipes. Being made from whole cranberries, Choice retains many…
The Center for Science in the Public Interest (CSPI) has issued a report alleging that “nearly 80 percent of food ads on the popular children’s network Nickelodeon are for foods of poor nutritional quality.” Titled “Better-For-Who? Revisiting company promises on food marketing to children,” the analysis purportedly revealed that one-fourth of the food and beverage advertisements aired on Nickelodeon “were from companies that don’t participate in the industry’s self-regulatory program,” the Children’s Food and Beverage Advertising Initiative (CFBAI). The watchdog also criticized CFBAI signatories for promoting products that failed to meet CSPI’s stringent nutritional benchmarks. “Of the 452 foods and beverages that companies say are acceptable to market to children, CSPI found that 267, or nearly 60 percent, do not meet CSPI’s recommended nutrition standards for food marketing to children,” claimed the group in a November 24, 2009, press release. “Nickelodeon should be ashamed that it earns so much money…
According to a news source, a Chinese court began hearing claims on November 27, 2009, in a civil suit brought against a dairy company and supermarket by the parents of a child allegedly sickened by melamine-contaminated milk. The parents are reportedly seeking US$8,080, claiming that the milk caused their 20-month-old son’s kidney stone. The companies have apparently argued in their defense that the injury should be covered under a government compensation program and that no medical records link the child’s kidney problems to drinking tainted milk. The judge has scheduled another hearing for December 9 and requested that the parties produce additional evidence. The case is the first to be heard in the tainted milk scandal, which purportedly resulted in the deaths of six infants, injury to 300,000 children and a worldwide recall of products containing contaminated milk powder. The largest company implicated, the Sanlu Group, paid US$132 million into…
As anticipated, Canada reportedly renewed its request that the World Trade Organization (WTO) establish a panel to resolve a dispute over U.S. country-of-origin labeling (COOL) requirements. The request was accepted, and the panel is expected to issue its report sometime in the second half of 2010, according to a news source. The WTO can authorize those countries winning such disputes to adopt commercial sanctions against countries violating its rules. Canada and Mexico have both challenged COOL, which requires U.S. meat processors to handle and label imported products separately, claiming violations of international trade agreements. Canadian meat producers reportedly contend that the rules have caused many U.S. processors to simply exclude Canadian products, and U.S. Department of Agriculture figures purportedly show that U.S. imports of Canadian livestock were 34 percent lower in the first half of 2009 compared to the same period in 2008. Canada’s agriculture minister was quoted as saying, “We…
ConAgra Foods, Inc. has asked a multidistrict litigation (MDL) court to sever and transfer the claims of 68 plaintiffs from 14 different states in an action (Bowman v. ConAgra Foods, Inc.) recently filed against the company arising out of the purported Salmonella contamination of its peanut butter. In re: ConAgra Peanut Butter Prods. Liab. Litig., MDL No. 1845 (N.D. Ga., motion filed November 24, 2009). The motion is similar to one filed earlier in November. Additional details about that motion appear in issue 327 of this Update. While ConAgra does not object to the court retaining jurisdiction over the Bowman claims for purposes of pre-trial proceedings, it asks that the plaintiffs’ claims be severed and transferred for trial because they were improperly joined and “because trial of these claims as a single action is likely to result in undue prejudice to the litigants and confusion to the jury,” which would have to apply…
Unilever United States, Inc. has asked a federal district court to dismiss a putative class action charging the company with falsely advertising its “I Can’t Believe It’s Not Butter”® product. Rosen v. Unilever U.S., Inc., No. 09-02563 (N.D. Cal, motion filed November 30, 2009). According to Unilever’s motion, this is a “Private Surgeon General” case that seeks refunds for products purchased over the last four years because Unilever allegedly (i) falsely claims that its products are “Made With A Blend of Nutritious Oils,” and (ii) fails to disclose that the products contain trace amounts of trans fatty acids. Unilever argues that the claims are preempted by federal law which requires a “zero” trans fat content label if the product contains less than 0.5 gram per serving. The company also seeks dismissal under the dormant Commerce Clause, contending that, “If successful, Rosen will Balkanize [trans fat] labeling rules—one set of rules for California…
