Category Archives Issue 361

Overweight Americans ages 2 to 19 have become heavier over the last decade, according to a newly published study. May Beydoun & Youfa Wang, “Sociodemographic disparities in distribution shifts over time in various adiposity measures among American children and adolescents: What changes in prevalence rates could not reveal,” International Journal of Pediatric Obesity, August 2010. Conducted by researchers at Johns Hopkins Bloomberg School of Public Health and the National Institute on Aging, the study used population data from the National Health and Nutrition Examination Survey to examine changes in the body mass index (BMI), waist circumference (WC) and triceps skinfold thickness (TST) of boys and girls across sociodemographic groups. According to Wang, the data showed significant weight gains that were “unequally distributed” across the demographic groups and spectrums of BMI, WC and TST. “Heavier children and adolescents gained more adiposity, especially waist size, and these findings were most significant among children…

A recent study has purportedly linked consumption of carbonated diet sodas with an increased risk of premature birth. Thorhallur Halldorsson, et al., “Intake of artificially sweetened soft drinks and risk of preterm delivery: a prospective cohort study of 59,334 Danish pregnant women,” American Journal of Clinical Nutrition, June 30, 2010. Researchers evaluated data from approximately 60,000 pregnancies tracked in Denmark between 1996 and 2002. According to the study, women in the middle of their pregnancies who drank at least one diet soft drink daily were 38 percent more likely to have a premature baby before 37 weeks of pregnancy than those who abstained. In addition, women who drank at least four such products per day were at a 78 percent risk of early delivery. The researchers claimed that “no association was observed for sugar-sweetened carbonated soft drinks or for sugar-sweetened noncarbonated soft drinks” and suggested that more studies are needed…

The U.K. Royal Society has published 21 papers addressing concerns that climate change, water shortages and increased demand will disrupt the global food supply in coming decades. Titled Food Security: Feeding the World in 2050, the compendium challenges citizens, politicians and scientists “to increase food production, but to do so in a way that is sustainable, reducing our greenhouse gas emissions and preserving biodiversity.” To meet these objectives, the papers recommend several low-tech solutions, such as better storage facilities to reduce food waste, as well as novel technologies. The latter include (i) artificial meat “grown in a vat,” and (ii) increased use of nanotechnology, which paper author Philip K. Thornton said “is expected to become more important as a vehicle for delivering medication to livestock.” As Chief Scientific Advisor John Beddington urges in the volume’s preface, “The need for action is urgent given the time required for investment in research to…

Chinese health experts have reportedly estimated that “at least 30,000 children developed early maturity” in Shanghai alone, raising concerns about food additives and pesticides allegedly laden with sex hormones. According to an August 18, 2010, China Daily article, one doctor with the Beijing Maternal and Child Healthcare Hospital has suggested that “early maturity in Chinese children is as high as 1 percent, nearly 10 times the rate in most Western countries.” The physician apparently attributed the condition “to the rising amount of estrogen in the food chain as the result of pesticides being sprayed on fruit and vegetables.” Although China Daily noted the 2009 Food Safety Law and other attempts to regulate food additives, it also suggested that enforcement has been difficult if not “impossible.” As one researcher with the Chinese Center for Disease Control and Prevention purportedly said, “China has 200 million scattered rural households that produce food, and…

According to a news source, a man who worked in a Chicago-area plant for eight years and was diagnosed with bronchiolitis obliterans has been awarded $30.4 million on claims that workplace exposure to the butter-flavoring chemical diacetyl left him with 25 percent of normal lung capacity that will require a lung transplant within the next 10 years. Solis v. BASF Corp., No. ___ (Ill. Cir. Ct., Cook Cty.) The largest verdict previously awarded in a similar case was $20 million to a former popcorn plant worker in Missouri. Plaintiff Gerardo Solis, 45, was represented by Independence, Missouri, attorney Ken McClain. See The Joplin Globe, August 16, 2010.

A lawsuit filed in a federal court in California by a putative class of parents on behalf of their children alleges that Clearspring Technologies, Inc. and other companies used an online tracking device that enabled their websites to access and disclose users’ online activities and personal information. White v. Clearspring Techs., Inc., No. 10-5948 (C.D. Cal., filed August 10, 2010). Based on research conducted at the University of California, Berkeley, the complaint alleges that the companies install a Flash cookie on user computers without the users’ knowledge or consent, and the cookie can re-spawn itself even when users regularly delete their cookies. According to the research article, the “top 100 websites are using Flash cookies to ‘respawn,’ or recreate deleted HTTP cookies. This means that privacy-sensitive consumers who ‘toss’ their HTTP cookies to prevent tracking or remain anonymous are still being uniquely identified online by advertising companies. Few websites disclose their…

Renowned restaurateurs Mario Batali and Joseph Bastianich have reportedly been sued by workers in their East and West Coast restaurants. A complaint filed in late July 2010 by current and former employees of New York City’s Babbo Ristorante e Enoteca was amended to include a class of employees who work in five additional east coast eateries. They reportedly allege that the Batali-Bastianich enterprise “unlawfully confiscated a portion of their workers’ hard-earned tips in order to supplement their own profit. At the end of every shift, instead of distributing customers’ credit card tips to the workers who earned them as the law requires, Mr. Batali, Mr. Bastianich, and their restaurants took from the tip pool an amount equal to approximately 4-5% of the restaurants’ wine sales (and sometimes other beverage sales) for the night and put it in their own pockets.” The New York plaintiffs are apparently seeking class certification and…

A putative class action has been filed against the maker of POM Wonderful® pomegranate (PWP) juice in a Florida state court, alleging that the company is misleading consumers by marketing its product “as having special health benefits, including but not limited to, the prevention, mitigation, and or treatment of the following: (a) atherosclerosis; (b) Blood Flow/Pressure; (c) Prostate Cancer; (d) Erectile Function; (e) cardiovascular disease; (f) Reduce LDL cholesterol; (g) and other age related medical conditions.” Giles v. POM Wonderful, LLC, No. 10-32192 (Fla. Cir. Ct., Broward Cty., filed August 6, 2010). Seeking to represent a statewide class of consumers, the plaintiff claims, “In sum, the message is drink PWP and it will keep you young forever.” According to the complaint, the company has no reasonable basis for making its health-related marketing claims and has, in fact, been warned by the Food and Drug Administration that the product’s labeling directly…

The Federal Trade Commission (FTC) has taken action against companies that sell açai berry supplements, “colon cleansers” and other products online by featuring false Oprah Winfrey and Rachael Ray endorsements and illegally billing customer credit cards. According to an agency press release, a U.S. district court has temporarily ordered a halt to “an internet sales scheme that allegedly scammed consumers out of $30 million or more in 2009 alone through deceptive advertising and unfair billing practices.” The court order also imposes an asset freeze and appoints a temporary receiver over several companies “while the FTC moves forward with its case to stop the company’s bogus health claims and other deceptive and unfair conduct.” The companies purportedly made “free” trial offers for an açai berry supplement pitched as a rapid weight-loss product and a colon cleanser said to prevent cancer. The companies purportedly claimed that they would provide full refunds to…

A federal court in California has decided to stop all new planting of genetically modified (GM) sugar beets in light of its September 2009 ruling that the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) violated environmental law when it deregulated the crop without conducting an appropriate environmental assessment. Ctr. for Food Safety v. Vilsack, No. 08-00484 (N.D. Cal., decided August 13, 2010). Additional information about the court’s prior ruling appears in Issue 320 of this Update. While the court granted the plaintiffs’ request to vacate APHIS’s deregulation decision, it denied their motion for a permanent injunction. The court determined that vacatur was justified because APHIS’s errors were serious. “Moreover,” the court observed, “APHIS’s apparent position that it is merely a matter of time before they reinstate the same deregulation decision, or a modified version of this decision, and thus apparent perception that conducting the requisite comprehensive…

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