A new study has reportedly detailed how a common gene variant linked to obesity affects the production and reception of ghrelin, the hormone responsible for stimulating hunger. Efthimia Karra, et al., “A link between FTO, ghrelin, and impaired brain food-cue responsivity,” Journal of Clinical Investigation, July 2013. According to a July 15, 2013, press release, in the first part of the study, researchers with University College London, the Medical Research Council and King’s College London Institute of Psychiatry analyzed ghrelin levels and other indicators of hunger from two groups of participants—those with the high obesity-risk FTO gene (AA group) and those with the low obesity-risk version (TT group)—who were perfectly matched for body weight, fat distribution and social factors such as education level. The results evidently showed that AA group participants not only reported feeling hungrier after a meal than their TT group counterparts, but had “much higher circulating ghrelin…
Category Archives Issue 491
A pair of recent articles in The New York Times has raised questions about the tracking and surveillance practices used by marketers to gather information about consumers shopping in stores and online. The first article, “Attention, Shoppers: Store is Tracking Your Cell,” discusses new technology that allows retailers “to track customers’ movements by following the Wi-Fi signals from their smartphones.” According to Times writers Stephanie Clifford and Quentin Hardy, these stores are experimenting with a combination of smartphone tracking, video surveillance and apps to glean data about shoppers “as varied as their sex, how many minutes they spend in the candy aisle and how long they look at merchandise before buying it.” “But while consumers seem to have no problem with cookies, profiles and other online tools that let e-commerce sites know who they are and how they shop, some bristle at the physical version, at a time when government…
Former basketball star Shaquille O’Neal reportedly plans to endorse a new line of “low calorie sodas” that critics say promote obesity and other health problems. The Soda Shaq line is manufactured by AriZona beverages and will be distributed by convenience retailer 7-Eleven at stores nationwide. A press release announcing the product states that Soda Shaq contains no artificial flavors, colors or preservatives, is made with pure cane sugar and contains only 90 calories per serving, allowing fans to “satisfy their sweet tooth without the guilt from the very first clean and refreshing sip.” Consumer advocacy group the Center for Science in the Public Interest (CSPI), however, claims that each 24-ounce can of Soda Shaq contains three servings, or 270 calories, and 17 teaspoons of sugar per can. “Despite the implausible assertion on the label that the non-resealable vessel contains three servings, a single can of Soda Shaq cream soda contains…
A recently published law review comment contends that food makers should not be concerned that the Food Safety Modernization Act (FSMA) will increase food borne illness-related litigation or make it easier for plaintiffs to succeed. David Benton, “The Impact of Mandatory Recalls on Negligence and Product Liability Litigation Under the Food Safety Modernization Act,” San Joaquin Agricultural Law Review (2012-2013). The author opines that the FSMA “will likely have little or no impact on negligence and product liability litigation,” but recommends that manufacturers be given limited immunity from civil actions when they comply with a Food and Drug Administration voluntary recall request. He also recommends that the law be amended to expressly preempt state regulation, which would bring the FSMA closer in line with the Food, Drug, and Cosmetic Act as to medical devices.
According to a recently published law review note, health care reimbursement suits modeled on Canada’s Cost Recovery Act and provincial litigation against cigarette manufacturers could be successfully maintained against the food industry for the treatment of obesity-related illnesses. Timothy Poodiack, “The Cost Recovery Act and Tobacco Litigation in Canada: A Model for Fast Food Litigation,” Brooklyn Journal of International Law (2013). The note includes background on the country’s universal health care system, a comparison of issues faced by plaintiffs in U.S. suits against “fast food” companies to issues arising in tobacco litigation, “including assumption of the risk and causation arguments,” and an examination of how the Cost Recovery Act can rebut those arguments, “making the Act an attractive model for potential future food litigants in Canada.”
A California court has tentatively determined, following a 10-day bench trial, that the levels of lead in canned or packaged fruit, vegetable and grape drink products, or baby foods, are below the regulatory “safe harbor” exposure level under Proposition 65 (Prop. 65) and therefore that the companies which make them are not required to provide Prop. 65 warnings to consumers. Envtl. Law Found. v. Beech-Nut Corp., No. RG11 597384 (Cal. Super. Ct., Alameda Cty., tentative decision entered July 15, 2013). Because few Prop. 65 cases go to trial, the court was faced with a number of questions of first impression, primary among them application of the “naturally occurring” defense. The parties did not dispute the presence of lead in the products or that it has been identified as a known carcinogen and reproductive toxin under Prop. 65. Beech-Nut Corp., the original defendant, was joined at trial by a number of other…
Two California residents who filed a putative class action in a California federal court against, among others, a company that makes “Horizon,” “Silk,” “International Delight,” and “Land O’Lakes” brand products with labels including as an ingredient “evaporated cane juice” in alleged violation of Food and Drug Administration (FDA) requirements, have filed a complaint in intervention and motions to set aside a nationwide class settlement approved by a federal court in Florida. Singer v. WWF Operating Co., No. 13-21232 (S.D. Fla., filed July 12, 2013). According to the California plaintiffs, the Florida action was filed on April 8, 2013, as a statewide putative class action and then amended nine days later for purposes of securing preliminary approval of a nationwide class settlement. The California plaintiffs filed their putative statewide class action on April 29 and allege that they had extensive communications with defendant’s counsel who requested from them a 30-day extension…
A New York resident has filed a putative class action against Boar’s Head Provisions Co., alleging that the company’s advertising and labeling representations—“47% lower sodium,” “42% lower sodium,” and “40% lower sodium”—for some of its deli meats, including turkey breast and ham, contain as much sodium as its regular deli meat products and a higher percentage of sodium than stated when compared to U.S. Department of Agriculture (USDA) reference products. Mackles v. Boar’s Head Provisions, Co., Inc., No. 13-4855 (S.D.N.Y., filed July 12, 2013). According to the complaint, the defendant’s representations are inaccurate by a factor of more than 10 percent. The plaintiff also alleges that when he asked the company about the lower-sodium claims on its product labels, he received a letter stating that they “were submitted to and approved by the USDA.” On further investigation, the plaintiff allegedly learned from USDA that companies must ensure labeling accuracy, and…
A Hawaii resident has filed a putative nationwide class action against Cargill, Inc., alleging that the company falsely advertises its Truvia® sweetener product as “natural” when it is actually made from ingredients that are “either synthetic or harshly chemically processed.” Howerton v. Cargill, Inc., No. 13-0336 (D. Haw., filed July 8, 2013). According to the complaint, the company markets the product with “natural imagery such as the leaves of the stevia plant,” yet “the stevia-derived ingredient, Reb A, is not the natural crude preparation of stevia, but rather is a highly chemically processed and purified form of the stevia leaf extract,” and Reb A “comprises only 1% of Truvia.” The plaintiff alleges that “the main ingredient, erythritol, which Cargill also purports to be a natural ingredient derived through natural processes, is not made like it is in nature, but rather is synthetically made. Cargill describes the process of obtaining stevia…
A federal court in California has dismissed some of the consumer fraud claims filed against Chobani, Inc. in putative class litigation alleging that the company mislabels its yogurts as containing “evaporated cane juice,” misleads consumers by stating that its products do not contain added sugar and falsely states that its products are “all natural” because they contain artificial ingredients, flavorings, coloring, and chemical preservatives. Kane v. Chobani, Inc., No. 12-2425 (N.D. Cal., order entered July 12, 2013). The court granted with leave to amend (i) the motion to dismiss as to the evaporated cane juice claims to the extent they are based on products not purchased by the plaintiffs; and (ii) the motion to dismiss the plaintiffs’ Unfair Competition Law (UCL), False Advertising Law (FAL) and Consumers Legal Remedies Act (CLRA) claims based on the “no sugar added” and “all natural” representations, finding that the plaintiffs did not sufficiently allege…
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