Category Archives Issue 291

The House of Lords Science & Technology Committee has created a subcommittee to investigate the use of nanotechnology in the food sector. Led by Lord John Richard Krebs, the inquiry will focus on food products, additives and supplements; food contact packaging; food processing; animal feed; pesticides and fertilizers; and food containers and utensils. “We intend to highlight those areas where our understanding of the use of nanotechnologies in food needs the most urgent attention, allowing us to take action to ensure appropriate steps are taken,” Krebs was quoted as saying. See Foodbev.com, February 4, 2009. The subcommittee has also issued a call for evidence seeking input on a range of issues involving (i) the state of the science and its current use in the food sector; (ii) health and safety; (iii) regulatory framework; and (iv) public engagement and consumer information. The deadline for written submissions is March 13, 2009. See House…

A recent Harvard School of Public Health study has claimed that eating smoked or cured meats could increase the risk of leukemia in children and young adults. Chen-yu Liu, et al., “Cured meat, vegetables and bean-curd foods in relation to childhood acute leukemia risk: A population cast-control study,” BMC Cancer (2009). Researchers analyzed the dietary habits of 515 participants between age 2 and 20 in Taiwan, finding that those who consumed smoked or cured meats more than once a week were more likely to develop acute leukemia. In addition, the study allegedly confirmed that children who regularly ate vegetables and tofu showed a reduced risk for leukemia. The authors speculated that nitrites added during the curing and smoking process could play a role in cancer, but stressed a need for further causation studies to discover a mechanism. “These are some very active compounds in your body,” stated Harvard Professor of…

This blog post examines a fish diet trend currently sweeping Hollywood, raising questions about the safety and sustainability of certain seafood selections. According to Food & Water Watch, actor Jeremy Piven became “the rumored victim of mercury poisoning” after eating sushi twice daily, while Madonna has pledged to eat more salmon and Angelina Jolie earlier lauded her post-pregnancy diet of organic seafood. “You might remember that, at the time, there were no standards in the U.S. for organic seafood,” opines the blog, which describes proposed rules put forth by the National Organic Standards Board as “a fraud” and current EU standards as “poorly designed and incompatible with the concept of organic food.” Food & Water Watch also urges consumers to choose wild salmon over farmed, claiming that “Studies have shown that wild salmon possess lower PCB levels than farmed salmon, as the latter receive feed with greater levels of contamination.”…

The Center for Science in the Public Interest (CSPI) has sent letters to retailers, calling on them to use their membership and bonus card data, which track customer purchases, to provide targeted warnings when tainted foods are subject to recall. Noting that some companies with bonus card programs already issue food safety alerts and, in fact, notified their affected customers by phone and mail “in response to the peanut recall,” CSPI expressed its hope that “your company will do its part to protect your customers’ health and help restore their confidence in the food supply.” According to a CSPI staff attorney, “It would be outrageous if some of the deaths in this latest [contaminated peanut butter] outbreak could have been prevented had a supermarket just used the phone numbers and addresses in its database to notify its customers. It’s not enough just to take the tainted product off the supermarket shelf.…

According to a news source, former Sanlu Group chairwoman Tian Wenhua has appealed the life sentence she received after she entered a guilty plea to charges arising out of the melamine-tainted milk scandal in China that sickened hundreds of thousands of children and led to a number of deaths. Tian’s lawyer reportedly contends that his client did not make the decision to sell the tainted milk and that the Shijiazhuang Intermediate People’s Court had insufficient evidence to support a conviction for manufacturing and selling fake or substandard products. The appeal will be heard by the Higher People’s Court of Hebei Province. See Jurist, February 1, 2009.

Maple Leaf Foods Inc. has agreed to pay $25 million to settle class claims filed after ready-to-eat meats tainted with Listeria monocytogenes allegedly sickened dozens of Canadians and caused 20 deaths in 2008. The settlement, which must be approved by courts in several provinces, would provide an additional $2 million if needed to fully compensate those filing claims by the July 31, 2009, deadline. The company’s Web site explains the settlement’s terms and notes what those objecting to it can do. Approval hearings will be conducted on March 5, 10 and 20 in Ontario, Saskatchewan and Quebec, respectively.

Nebraska Beef, Ltd. has filed a lawsuit in federal court seeking a declaration that it was not responsible for the E. coli contamination that led to the recall of nearly 7 million pounds of beef in 2008. Nebraska Beef, Ltd. v. Meyer Foods Holdings, L.L.C., No. 09-43 (D. Neb., filed January 30, 2009). According to the complaint, the defendant provided the meat subject to the recall to Nebraska Beef for processing and shipping. When contaminants were found, the defendant informed Nebraska Beef that legal claims were being made against it and demanded indemnification from Nebraska Beef. Stating that it “expressly denies the Contamination originated at its processing plant; that it was negligent in its processing or handling of any cattle or product; or that it breached any of the terms of its agreement(s) with Meyer Natural Foods,” Nebraska Beef, which has also been sued over the incident, requests a judicial declaration as…

A federal court has refused to dismiss putative class claims filed under California’s consumer protection law against a company that advertises its pasta sauce, which contains high-fructose corn syrup (HFCS), as “all natural.” Lockwood v. ConAgra Foods, Inc., No. 08-04151 (N.D. Cal., decided February 3, 2009). The defendant sought to dismiss the claims on preemption grounds and called for the class allegations to be stricken “because plaintiffs cannot prove reliance on a class-wide basis.” According to the court, the federal Nutrition Labeling and Education Act (NLEA) does not apply to the “complaint as currently pled. Plaintiffs do not allege that defendant’s pasta sauce contains artificial flavoring, coloring or a chemical preservative; rather, they allege that the ‘high fructose corn syrup’ is not produced by a natural process and therefore the pasta sauce is not ‘all natural.’” The court also found that the claims were not impliedly preempted because “Congress has explicitly stated…

Food litigator William Marler has reportedly filed an amended complaint on behalf of a Vermont couple whose son was allegedly sickened and hospitalized following ingestion of a product containing Salmonella-tainted peanut butter. Meunier v. Peanut Corp. of Am., No. 09-12 (M.D. Ga., first amended complaint filed January 28, 2009). The plaintiffs are now seeking punitive damages for “willful concealment of known defects.” The amendment follows the release of a Food and Drug Administration (FDA) inspection report showing that the Peanut Corp. of America (PCA) shipped products that tested positive for Salmonella after the company had the products retested and received negative test results. Marler was quoted as saying, “In 15 years of litigating food cases, this is one of the worst examples of corporate irresponsibility I have ever seen. Not only does the plant appear to have atrocious practices, but the product that seems to have repeatedly tested positive for Salmonella was shipped…

Quebec courts have reportedly fined a snack cake manufacturer CAN$44,000 for violating the province’s Consumer Protection Act, which forbids marketing to children younger than age 13. Saputo Inc. pleaded guilty to 22 charges resulting from a complaint filed by anti-obesity advocate Coalition Poids and the Union des Consommateurs. The groups claimed that Saputo used a cartoon gorilla to promote its product in day care centers, hailing the decision as “a victory for children.” “The World Health Organization has identified junk-food advertising as one of the top five causes of the current obesity epidemic,” Coalition Poids Director Suzie Pellerin was quoted as saying. Meanwhile, Quebec’s consumer protection agency has apparently verified similar complaints pending against Burger King and General Mills. Media sources have noted that the successful prosecution of Saputo could signal a shift in how Quebec enforces its unique marketing code. The last court case testing the Consumer Protection Act occurred…

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