Category Archives Issue 369

A recent study has reportedly claimed that dietary salt intake has remained constant in the U.S. population for the past five decades, raising questions about government efforts to restrict sodium consumption. Adam Bernstein and Walter Willett, “Trends in 24-h urinary sodium excretion in the United States, 1957–2003: a systematic review,” American Journal of Clinical Nutrition, November 2010. Researchers examined data on urine sodium excretions collected from 26,271 individuals by 38 MEDLINE studies published between 1957 and 2003. “In a multivariate random-effects model with study year, sex, age, and race, the study year was not associated with any significant change in sodium excretions,” states the abstract, which concludes that “[s]odium intake in the US adult population appears to be well above current guidelines and does not appear to have decreased with time.” The study was accompanied by an editorial questioning the effectiveness of a U.S. sodium reduction policy that targets, not…

“Sorry to scare you, but on Halloween much of the chocolate Americans will hand out to trick-or-treaters will be tainted by the labor of enslaved children,” writes Andrew Korfhage in this October 18, 2010, AlterNet article alleging that chocolate manufacturers have failed to eradicate child labor practices as promised. According to the author, Hershey’s and other companies pledged “nearly a decade ago to set up a system to certify that no producers in their supply chains use child labor,” but have yet to take any “meaningful action.” Korfhage credits a 2001 exposé with documenting the “scandalous conditions under which most U.S. chocolate is made,” noting that the effort spurred Representative Eliot Engel (D-N.Y.) and Senator Tom Harkin (D-Iowa) to introduce legislation seeking “slave-free” certification for all U.S. chocolate. “[B]ut before Harkin’s bill could pass the Senate, the chocolate industry had announced a voluntary four-year plan to clean up its own…

Green Century Capital Management, an investment advisory firm focused on environmentally responsible companies, and As You Sow, an advocacy group that promotes corporate accountability, have issued a 2010 report that ranks packaged food companies on their efforts to address bisphenol A (BPA). Building on a previous effort published in April 2009, Seeking Safer Packaging 2010 seeks to analyze “how companies are responding to this critical issue by disclosing information, exploring substitutes and committing to phase out BPA.” The findings apparently indicate “that notable progress has been made toward commercializing substitutes to BPA epoxy can linings,” with the “overwhelming majority” of the 26 survey respondents acknowledging “some efforts” to mitigate potential risks. The report notes, however, that outside some industry leaders, “some of the largest companies are the biggest laggards in seeking substitutes to and phasing out BPA.” According to the authors, “New scientific and investigative reports on the potential health…

Corporate Accountability International Deputy Director Leslie Samuelrich contends in a recent AlterNet article that fast food companies “spend hundreds of millions of dollars each year marketing a dangerous product to America’s children.” She claims the companies deny putting children at risk and, instead, blame parents for their children’s obesity problems. According to Samuelrich, nonprofits and government agencies that promote healthy eating habits are not engaged in a “fair fight” with the industry, noting for example that the Robert Woods Johnson Foundation spends $100 million annually to address childhood obesity, while “major food and beverage corporations spend at least $1.6 billion in the United States every year—16 times more—to convince kids to eat unhealthy food.” Corporate Accountability International, describing itself as a corporate watchdog, says that it has been “waging winning campaigns to challenge corporate abuse for more than 30 years.” It has conducted campaigns against the tobacco industry, publishing materials…

An appeals court in New Mexico has affirmed a trial court’s decision to dismiss claims that a horse rancher’s family became ill as a result of exposure to horse feed containing an antibiotic toxic to horses. Parkhill v. Alderman-Cave Milling & Grain Co., No. 29,120 (N. M. Ct. App., decided October 6, 2010). The parties settled claims that the feed sickened or killed horses from several of the plaintiffs’ horse ranches, and the trial court dismissed claims, as a sanction for discovery abuse, that the family’s personal health was affected by exposure to the feed. The appeals court did not reach the sanctions issue, finding that the lower court properly excluded the testimony of the plaintiffs’ experts. The toxin involved was monensin, an antibiotic that is a common additive to feed for livestock, but prohibited in horse feed. The plaintiffs alleged that immediately after contact with the feed they developed skin…

A federal court in New Jersey has granted the defendant’s unopposed motion to extinguish the stay in a lawsuit contending that Snapple beverage products are falsely advertised as “natural” because they contain high-fructose corn syrup, a purportedly non-natural ingredient. Holk v. Snapple Beverage Corp., No. 07-3018 (D.N.J., decided October 15, 2010) (unpublished). The court had stayed the litigation pending the Food and Drug Administration (FDA) reaching a decision about the definition of “natural.” According to the court’s order, “The FDA in response has declined to address that issue.” Noting that another district court in New Jersey has lifted a stay imposed for the same reason in similar litigation (Coyle v. Hornell Brewing Co.), the court agreed to reopen the case, but refused to reinstate the motions that were pending when the case was “administratively terminated.” The court ordered the parties “to move again, upon new notices of motion and in accordance with…

A federal court in California has dismissed on preemption and standing grounds a number of state-law claims against The Quaker Oats Co. in a lawsuit alleging that the company falsely advertises its Chewy Bars® as containing “0 grams trans fat” when the ingredient list labeling includes hydrogenated vegetable oil. Chacanaca v. The Quaker Oats Co., No. 10-0502 (N.D. Cal., decided October 14, 2010). So ruling, the court lifted a discovery stay order and scheduled a case management conference for December 16, 2010. The defendant sought judgment on the pleadings at the outset of the action, arguing that “the doctrines of express preemption, primary jurisdiction, and Article III standing warrant immediate dismissal of the entire case.” The court agreed to dismiss all state-law deception claims involving the “0 grams trans fat” statement, the “good source” of calcium and fiber statements and a statement that the product contains whole grain oats but lacks…

The Texas Department of State Health Services (DSHS) has ordered a San Antonio produce plant to stop processing food and recall all products shipped since January 2010 because “laboratory tests of chopped celery from the plant indicated the presence of Listeria monocytogenes.” DSHS has prohibited Sangar Fresh Cut Produce from reopening without approval from the department, which issues such orders when conditions pose “an immediate and serious threat to human life or health,” according to an October 20, 2010, DSHS press release. After an eight-month investigation into a Listeriosis outbreak that included five deaths, DSHS allegedly linked Sangar’s chopped celery to six illnesses in people “with serious underlying health problems.” State inspectors also reportedly “found sanitation issues at the plant and believe the Listeria found in the chopped celery may have contaminated other food product there.” The recall primarily affects fresh produce sealed in packages and distributed “to restaurants and…

In its ongoing review of food product health claims, the European Food Safety Authority (EFSA) has adopted 75 new opinions addressing 808 claims. EFSA’s independent scientists opined that claimed functional-food effects, such as improves the “immune system” or “immune function,” “supports immune defences,” “reduces inflammation,” or “decreases potentially pathogenic gastro-intestinal microorganisms,” were either insufficiently defined or unsupported by scientific data. The authority also turned aside claims that the probiotic bacteria in a specific brand of yogurt maintain immune defenses against the common cold. According to a news source, the scientific studies that yogurt-maker Yakult submitted to justify such claims were inadequate. Some suggest that this week’s rulings by EFSA have seriously compromised industry efforts to promote functional foods, in which companies have made significant investment. Industry is reportedly challenging the determinations, complaining that the authority is applying excessively rigorous standards, and has asked for meetings to discuss the criteria used.…

The European Commission has reportedly proposed a five-year ban on animal cloning for food production in the European Union (EU), but stopped short of prohibiting meat and milk from clone offspring. According to an October 19, 2010, Europa press release, the plan would also suspend “the use of cloned farm animals and the marketing of food from clones,” while envisaging “the establishment of a traceability system for imports of reproductive materials for clones, such as semen and embryos of clones.” In issuing its decision, the Commission stressed animal welfare concerns but also noted that “there is no scientific evidence confirming food safety concerns regarding foods obtained from cloned animals or their offspring.” It emphasized that the proposal would not suspend cloning “for uses other than food, such as research, conservation of endangered species or use of animals for the production of pharmaceuticals.” As Health and Consumer Policy Commissioner John Dalli…

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