Category Archives Issue 372

A recent study has reportedly identified “positive associations between redmeat intake and esophageal squamous cell carcinoma.” Amanda Cross, et al., “Meat Consumption and Risk of Esophageal and Gastric Cancer in a Large Prospective Study,” American Journal of Gastroenterology, October 2010. Using a large cohort study of approximately 500,000 adults, researchers evidently concluded during a 10-year follow-up period that those in the top quintile for red meat consumption were 79 percent more likely to develop esophageal squamous cell carcinoma than those who consumed the least red meat. The study authors also found a “a positive association” between gastric cardia cancer and DiMeIQx, a form of heterocyclic acid created by high-temperature cooking. They cautioned, however, that neither finding supports a causal link between red meat and the two cancers. In addition, as the study abstract notes, “benzo[a]pyrene, nitrate, and nitrite were not associated with esophageal or gastric cancer.” In a related development,…

University of Toronto scientists have published a study suggesting that a significant source of perfluorinated carboxylic acids (PFCAs) in human sera are the polyfluoroalkyl phosphate esters (PAPs) used in food-contact paper packaging, particularly popcorn bags and fast food wrappers. Jessica D’eon & Scott Mabury,“Exploring Indirect Sources of Human Exposure to Perfluoroalkyl Carboxylates (PFCAs): Evaluating Uptake, Elimination and Biotransformation of Polyfluoroalkyl Phosphate Esters (PAPs) in the Rat,” Environmental Health Perspectives, November 8, 2010. PAPs are used to prevent water and fat from escaping the packaging. According to lead researcher Scott Mabury, “Those chemicals called PAPs move into food, make it into humans upon ingestion and metabolically are transformed into the PFCAs.” While it is apparently unknown whether these chemicals have an adverse effect on human health, Mabury said PFCAs are “highly reactive” and, hence, of concern. The authors note that PFCAs have been found in human sera worldwide, but major sources are…

A new study has suggested that sugar-sweetened beverages may raise the risk of gout in women. Hyon Choi, et al., “Fructose-Rich Beverages and Risk of Gout in Women,” The Journal of the American Medical Association, November 10, 2010. Boston University and Harvard researchers examined data on nearly 79,000 U.S. women with no history of gout who participated in the 22-year Nurses’ Health Study. Compared to women who drank less than one serving of sugary beverages or orange juice per month, the study found that women who drank (i) one serving of sweetened soft drink per day had a 74 percent increased risk of gout, (ii) at least two servings of sweetened soft drinks per day had more than double the risk of gout; (iii) one serving of orange juice per day were 41 percent more likely to develop gout; and (iv) two or more glasses of orange juice per day had…

The American Association of University Professors has published the November-December 2010 issue of its flagship journal, Academe, which features an interview with New York University Professor Marion Nestle about “conflicts of interest between food companies and academics, the difference between food products and food, and the problem with pomegranates.” According to Nestle, conflicts of interest in the food sciences “are rampant but rarely recognized as such,” with many universities “actively” seeking support from food and beverage companies. “Most food advocates have no idea what kind of teaching or sponsorship occurs in colleges of agriculture, nutrition departments, or science departments focused on biotechnology,” notes Nestle, who warns that industry ties could have “classic chilling effects on critical thinking about conflicts of interest.” She also claims that“[s]ponsorship almost invariably predicts the results of research,” citing industry-sponsored studies that “almost never” find a link between “habitual consumption of soft drinks and obesity.” “In…

“Americans now eat an average of 33 pounds of cheese a year, nearly triple the 1970 rate,” writes New York Times investigative reporter Michael Moss in this article about Dairy Management Inc., a U.S. Department of Agriculture (USDA) “marketing creation” with a $140 million annual budget “largely financed by a government-mandated fee on the dairy industry.” According to Moss, “The organization’s activities, revealed through interviews and records, provide a stark example of inherent conflicts in the Agriculture Department’s historical roles as both marketer of agriculture products and America’s nutrition police.” Moss claims that despite federal efforts to curb the consumption of saturated fats, Dairy Management has “worked with restaurants to expand their menus with cheese-laden products,” in addition to spending “millions of dollars on research to support a national advertising campaign promoting the notion that people could lose weight by consuming more dairy products.” His exposé opines that the group’s…

An Ohio poultry facility linked to the latest egg recall over Salmonella-contamination concerns was reportedly the recipient of a $125 million investment by Austin “Jack” DeCoster, the man who owned the two Iowa farms linked to the August 2010 recall of 550 million potentially contaminated eggs. The Ohio Agriculture Department apparently indicated earlier this year that DeCoster was still an investor in Ohio Fresh Eggs. The latest recall involves nearly 300,000 eggs distributed in eight states. While no confirmed illnesses have been linked to the eggs, egg seller Cal-Maine, Inc. reportedly said “consumers who believe they may have purchased potentially affected shell eggs should not eat them.” According to a news source, the Centers for Disease Control and Prevention linked the August outbreak to at least 1,600 illnesses. DeCoster was called before a House oversight subcommittee in September and apologized for the incident, saying “We were horrified to learn that…

According to a new report from the U.K.-based Carbon Disclosure Project (CDP), a majority of the world’s largest companies, including those in the food and beverage sectors, have developed specific water policies, strategies and plans, with 39 percent reporting experience with disruption to operations from drought or flooding, declining water quality or increases in water prices. Titled “CDP Water Disclosure 2010 Global Report,” the study is based on responses from 175 large corporations that conduct water-intensive operations around the world. CDP contends that those most at risk are food and beverage companies, which, among those responding to the survey, had all set specific water-related targets for their businesses and were all able to identify whether their operations were located in water-stressed regions. According to CDP, “Demand for water is projected to outstrip supply by a staggering 40 percent by 2030, and an estimated half the world’s population are likely to live…

The International Consortium of Investigative Journalists (ICIJ) recently published the results of a seven-month foray into the Atlantic bluefin tuna trade, claiming that widespread corruption at all levels has decimated the species. Titled Looting the Seas, the exposé reflects the efforts of 12 journalists who followed the bluefin supply chain “from major fishing fleets and tuna ranches in the Mediterranean and North Africa, through ministry offices, to some of the world’s largest buyers.” Released before a November meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT), the report relies on interviews, court documents, regulatory reports, corporate records, and “an internal database used by regulators to track the trade.” According to its findings, the supply chain “at every step was riddled with fraud, negligence, and criminal misconduct.” The report specifically alleges that (i) “Fishermen blatantly violated official quotas and engaged in an array of illegal practices”; (ii) “National…

Yale University’s Rudd Center for Food Policy & Obesity has issued a November 2010 report claiming that “children as young as age 2 are seeing more fast food ads than ever before.” Titled Fast Food F.A.C.T.S.: Food Advertising to Children and Teens Score, the report purportedly evaluated “the marketing efforts of 12 of the nation’s largest fast food chains, and examined the calories, fat, sugar and sodium in more than 3,000 kids’ meal combinations and 2,781 menu items.” According to a concurrent press release, researchers relied on syndicated data from The Nielsen Company, comScore, Inc., and Arbitron Inc. to determine “that the fast food industry spent more than $4.2 billion on marketing and advertising in 2009, focusing extensively on television, the Internet, social media sites and mobile applications.” Among its key findings, the study claims that (i) “Unhealthy foods and beverages still dominate restaurant menus”; (ii) “The restaurant environment does not…

Shook, Hardy & Bacon Global Product Liability Partner Holly Pauling Smith and Agribusiness & Food Safety Co-Chair Madeleine McDonough have co-authored this chapter on the consumer-fraud class actions to which plaintiffs’ lawyers have resorted given their inability to persuade courts to certify personal-injury mass torts. The chapter, which focuses on recent cases involving health-related claims or omissions for food and beverage products, appears in an international reference on class and group actions. Smith and McDonough have also contributed a chapter discussing how the class-action procedure functions in the United States.

12
Close