Category Archives Issue 312

“Whether anything will be done – or even can be done – to stem the global tide of obesity is, at this point, an open question,” writes New Yorker columnist Elizabeth Kolbert in her review of several “weight-gain books” that examine the causes and course of this recent phenomenon. The theories under consideration include those put forth in the following publications: (i) The Evolution of Obesity (Michael Power and Jay Schulkin), (ii) The Fattening of America (Eric Finkelstein and Laurie Zuckerman); (iii) The End of Overeating (David Kessler); (iv) Fat Land (Greg Critser); (v) Mindless Eating (Brian Wansink); (vi) The Fat Studies Reader (New York University); and (vii) Globesity (Francis Delpeuch, Benard Maire, Emmanuel Monnier, and Michelle Holdsworth). According to the article, these books each offer a unique perspective on the obesity “epidemic,” chalking up the increasing waistline to a variety of factors as divergent as evolution, corporate manipulation, cheaper calories,…

The Cancer Project, a vegan advocacy group affiliated with the Physicians Committee for Responsible Medicine (PCRM), has reportedly filed a putative consumer fraud class action on behalf of three New Jersey residents that seeks to require cancer-risk labels on hot dogs and other processed meats. Filed July 22, 2009, in New Jersey Superior Court, the complaint names as defendants the parent companies of several hot dog manufacturers, including Kraft Foods Inc., Sara Lee Corp. and Nathan’s Famous Inc. The suit seeks damages for the named plaintiffs and declaratory relief under the Consumer Fraud Act for the proposed class. The Cancer Project has contended that processed meats contain human carcinogens like nitrites and N-nitrosodimethylamine (NDMA), basing its claim on a recent meta-analysis by the American Institute for Cancer Research that purportedly associates the daily consumption of processed meat with an increased risk of colorectal cancer. “Just as tobacco causes lung cancer,…

A consumer supported by the Center for Science in the Public Interest (CSPI) has reportedly filed a putative class action in New Jersey Superior Court, alleging that meals he purchased at Denny’s® restaurants contained “alarmingly large and undisclosed amounts of sodium.” DeBenedetto v. Denny’s Corp., No. ___ (N.J. Super. Ct., filed July 23, 2009). At issue are menu items such as Moons Over My Hammy, Spicy Buffalo Chicken Melt and Meat Lover’s Scramble, which purportedly contain sodium levels that exceed the daily recommended limit of 1,500 mg. According to the complaint, “Denny’s menu deceptively presents various items as single meals to be consumed by one individual without disclosing that they contain substantially more sodium (in some case two or three times more) than the maximum recommended amount for all meals consumed by an individual during the day.” The class action “seeks to compel Denny’s restaurants to disclose on menus the…

A trade group representing bottled water producers, distributors and suppliers has filed a lawsuit in federal court against Eco Canteen Inc., a stainless steel bottle manufacturer, “for engaging in a deliberate scare campaign to mislead and deceive the public” about the purported health and environmental risks associated with plastic bottle use. Int'l Bottled Water Ass'n v. Eco Canteen Inc., 09-299 (W.D.N.C., filed July 22, 2009). According to the International Bottled Water Association (IBWA), Eco Canteen has made several false and misleading claims about both single-serve and reusable plastic bottles that included likening these products to poison and linking them to breast and prostate cancer. This “viral” marketing campaign was allegedly designed “to be picked up and disseminated by third parties” despite IBWA’s repeated requests for corrective action. The complaint also notes that the defendant “purposefully matches images of single-serve recyclable plastic bottles with its claims relating to an organic compound…

The Developmental and Reproductive Toxicant Identification Committee of the California Environmental Protection Agency’s Office of Environmental and Health Hazard Assessment (OEHHA) has reportedly asked OEHHA to further investigate the potential developmental and reproductive health effects of the chemical bisphenol A (BPA). The committee voted against placing BPA on the state’s Proposition 65 list of chemicals known to the state to cause reproductive toxicity in a meeting held July 15, 2009. According to a July 23 notice, the committee now seeks information regarding (i) “possible increased susceptibility for developmental toxicity from bisphenol A in subpopulations, for example in those with poor nutritional status for certain nutrients such as folic acid”; (ii) “evidence that bisphenol A exposures in utero or pre-conception may lead to precancerous lesions and eventually cancers (e.g., breast and prostate)”; (iii) “evidence for bisphenol A-induced developmental- or reproductive-related neurobehavioral effects, as these endpoints are further studied”; (iv) “evidence for…

A new report from the independent research organization Fraser Institute claims that Canada’s rigid advertising standards leave consumers in the dark about the potential health benefits of certain food products. “Canadian consumers are being denied,” Brett Skinner, the Fraser Institute’s director of bio-pharma and health policy, was quoted as saying. “They don’t know about the potential health benefits of many food products because information can’t be printed on labels.” The Consumers’ Association of Canada responded to the report by asserting that Canadians are well-served by the current system. “There’s no reason we should follow American standards,” an association representative said. “Some American consumer groups aren’t even happy with the amount of claims made on labels for foods.” See Fraser Institute Press Release; Canwest News Service, July 20, 2009.

A new report by an independent investigator is harshly critical of Canada’s food safety system with respect to the 2008 Listeria outbreak linked to the deaths of 22 people. Sheila Weatherill, a nurse and health executive who led the federally appointed investigation, said the system was caught unprepared and acted without urgency, citing a void in leadership, a raft of systematic flaws, a shortage of inspectors, and evidence of contamination on meat-production lines months before last summer’s outbreak that was not effectively monitored. While Listeria is difficult to detect, “more could have been done to prevent it happening in the first place . . . and more must be done to make sure it doesn’t happen again,” Weatherill asserts. Her 57 recommendations include (i) providing better training for food inspectors, (ii) assigning Canada’s public health agency the lead role in responding to national foodborne emergencies and (iii) performing an external…

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