Category Archives Issue 337

A recent study has reportedly “confirmed that beer is a very rich source of silicon,” a dietary nutrient that increases bone mineral density. Troy Casey and Charles Bamforth, “Silicon in Beer and Brewing,” Journal of the Science of Food and Agriculture, February 2010. According to researchers with the University of California’s Department of Food Science and Technology, pale ales made from barley grist contained more silicon than non-alcoholic beers, light lagers and wheat beers, “likely because of the high levels of silica in the retained husk of barley.” Of the commercial beers sampled, silicon content apparently ranged from 6.4 to 56.5 milligrams per liter. “During brewing the vast majority of the silicon remains with the spent grains; however, aggressive treatment during wort production in the brewhouse leads to increased extraction of silicon into wort and much of this survives into the beer,” the study concludes. See Reuters, February 9, 2010.

A recent study has allegedly linked soft drink consumption to an increased risk of developing pancreatic cancer. Mark Pereira, et al., “Soft Drink and Juice Consumption and Risk of Pancreatic Cancer: The Singapore Chinese Health Study,” Cancer Epidemiology, Biomarkers & Prevention, February 2010. Using data from 60,524 participants enrolled in the Singapore Chinese Health Study, researchers determined that individuals who consumed more than two carbonated, sugar-sweetened beverages per week “experienced a statistically significant increased risk of pancreatic cancer… compared with individuals who did not consume soft drinks after adjustment for potential confounders.” In addition, the study did not find a similar association for juice consumption. “The high levels of sugar in soft drinks may be increasing the level of insulin in the body, which we think contributes to pancreatic cancer cell growth,” one author was quoted as saying. Other scientists, however, have noted some limitations of the study, which was the…

This article discusses the Food and Drug Administration’s (FDA’s) renewed interest in revising its approach to food serving sizes as front-of-package labeling gains traction in the marketplace. According to Times writer William Neuman, “The push to re-evaluate serving size comes as the F.D.A. is considering ways to better convey nutrition facts to hurried consumers, in particular by posting key information on the front of packages. Officials say such labeling will be voluntary, but the agency must set rules to prevent companies from highlighting the good things about their products, like a lack of trans fats, while ignoring the bad, like a surfeit of unhealthy saturated fats.” Created in the 1990s to help shoppers “compare the nutritional values of different products,” serving sizes are based on eating habit surveys taken during the 1970s and 1980s. Neuman claims, however, that while many people “might eat two or three times” the serving size…

According to this article, pressure from the beverage industry has made policymakers think twice about imposing a tax on sugary beverages, which some have viewed as a way to address both revenue deficits and obesity. The reporters discuss how Congress has handled the issue since the Obama administration indicated an interest in the tax in 2009 and public health advocates testified before a Senate committee urging support for the proposal. They note how a coalition of business interests “operating under the name Americans Against Food Taxes,” quickly mobilized an array of organizations, including the National Hispanic Medical Association, to lobby against the tax. Kelly Brownell, director of Yale University’s Rudd Center on Food Policy and Obesity, apparently responded to the involvement of health groups in the industry initiative by saying, “It’s all about payback. Public health advocates ran into the same phenomena when seeking to increase taxes on tobacco.” The…

According to a news source, U.S. Department of Agriculture (USDA) inspectors, who test the meat and trimmings used in ground beef, deal with about 60 positive E. coli tests annually by taking steps to ensure that the tested meat does not reach consumers, but they apparently fail to conduct a full inspection to try to pinpoint the source of contamination or locate additional meat that may be contaminated. Food safety and consumer advocates, such as Food & Water Watch, have reportedly called on the USDA to adopt a policy change that would require deeper investigations when positive results turn up in routine investigations. They contend that this could indicate a breakdown in the food safety system and consumers are at risk because other tainted meat could remain in the food chain. A spokesperson for the USDA’s Food Safety and Inspection Service (FSIS) was quoted as saying, “The risk profile of these…

A putative class action has been filed in a federal court in Louisiana against CVS Caremark Corp., alleging that the company “has a long history of selling out-of-date medications, baby formula, and food.” Cooper v. CVS Caremark Corp., No. 10-331 (E.D. La., filed February 5, 2010). The named plaintiff, who claims she purchased an expired over-the-counter (OTC) medication from a CVS store, seeks to certify a nationwide class of persons who likewise purchased expired products and asks the court for injunctive relief and compensatory damages. The complaint alleges that the expired OTC medications are “adulterated” under Food and Drug Administration guidelines and that their sale violates the Food, Drug, and Cosmetic Act. The plaintiff also claims that expired OTC drugs, food and baby formula “are unmerchantable and unfit for ordinary use.”

A U.S. magistrate judge has sentenced to three years of probation the couple who owned the company that imported melamine-tainted pet food ingredients into the United States from China. Sally Qing Miller, a Chinese national, and her husband, Stephen Miller, were also barred from importing pet food ingredients and were each ordered to pay a $5,000 fine. According to a press release, no further restitution was required “in light of a $24 million settlement in a related civil suit reached in the U.S. District Court for the District of New Jersey.” Their company, ChemNutra, Inc. was ordered to pay a $25,000 fine. The Food and Drug Administration has reportedly estimated that 1,950 cats and 2,200 dogs died after eating the contaminated food in 2007. Sally Miller was quoted as saying, “I’m really, really sorry this happened. I hope through this tragic, unfortunate event, the whole industry can learn from us, from…

The Third Circuit Court of Appeals has upheld a district court’s decision not to allow a flavoring company to file cross claims in litigation between an insurance carrier and the company that supplied vanilla beans tainted with mercury to the flavoring company. The Travelers Ins. Co. v. Dammann & Co., Inc., No. 09-1225 (3d Cir., decided February 5, 2010). The flavoring company sought to hold the vanilla bean supplier liable under contract, tort and indemnification theories, and the district court held that the proposed cross claims were time-barred or failed to state a claim. The Third Circuit agreed. The flavoring company’s request to file cross claims occurred more than four years after it received the vanilla beans, and its breach of warranty claims were thus untimely under the Uniform Commercial Code. Because New Jersey law applied to the case, the appeals court then discussed at length why it believed New…

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued a request for public comment on its determination that bisphenol A (BPA) “appears to meet the criteria for listing as known to the State to cause reproductive toxicity under Proposition 65, based on findings of the National Toxicology Program’s Center for the Evaluation of Risks to Human Reproduction (NTP-CERHR, 2008).” The notice states that BPA is a “[c]omponent in polycarbonate plastic used in water and baby bottles, present in epoxy resins used to line food cans and in dental sealants.” Comments must be submitted by April 13, 2010. If requested by March 12, a public forum will be scheduled for the public to “discuss the scientific data and other relevant information on whether the chemical meets the criteria for listing in the regulations.” If OEHHA determines, after reviewing the comments, that BPA should be listed, the agency will publish a…

The Indian Ministry of Environment and Forests has apparently imposed an indefinite moratorium on the commercial introduction of genetically modified (GM) eggplant, or brinjal, while the agency considers the recommendations of its Genetic Engineering Approval Committee (GEAC). In announcing the decision, Environment Minister Jairam Ramesh cited negative public reactions to Bacillus thuringiensis (Bt) brinjal, as well as the objections of state governments, unknown safety and environmental issues, and concerns about foreign influence in the domestic agricultural market. Ramesh has also called for the creation of an independent genetic engineering regulator and further research to examine “the chronic effects of Bt brinjal on human health.” As he stated in his remarks, the ministry has adopted “a cautious, precautionary principle-based approach” to Bt brinjal that “does not, in any way, mean conditional acceptance.” Meanwhile, advocacy groups have reportedly welcomed the ban, which GM Watch has hailed as “a groundbreaking victory for citizens, farmers,…

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