The World Health Organization’s (WHO’s) International Agency for Research on Cancer (IARC) has announced a monograph evaluating the alleged link between red and processed meat consumption and cancer. According to an October 26, 2015, press release, 22 experts from 10 countries reviewed more than 800 epidemiological studies about this association, with the greatest weight given to “prospective cohort studies done in the general population.” Published in The Lancet Oncology with a detailed assessment to follow in volume 114 of the IARC Monographs, the initial summary concludes that red meat—which includes beef, veal, pork, lamb, mutton, horse, and goat—is “probably carcinogenic to humans” “based on limited evidence that the consumption of red meat causes cancer in humans and strong mechanistic evidence supporting a carcinogenic effect.” In addition, the meta-analysis purportedly found that meats “transformed through salting, curing, fermentation, smoking, or other processes” are “carcinogenic to humans” “based on sufficient evidence that the…
Posts By Shook, Hardy & Bacon L.L.P.
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has reportedly launched an investigation into the American Egg Board (AEB) following the release of emails that allegedly revealed a concerted campaign against Hampton Creek, the manufacturer of an egg-free mayonnaise-like spread called Just Mayo. According to The Guardian, the announcement comes after calls for a congressional investigation by Hampton Creek CEO Josh Tetrick and others. “Recent news reports have brought to light a series of emails, obtained under the Freedom of Information Act, that contain compelling evidence that [American Egg Board] leadership, including the Egg Board’s President and CEO, may have violated the federal laws and administrative regulations governing checkoff programs,” stated U.S. Sen. Mike Lee (R-Utah) in an October 20 letter to USDA Secretary Tom Vilsack about the emails. Additional details about the AEB emails and litigation against Hampton Creek appear in Issues 578 and 549 of this…
Shook, Hardy & Bacon attorneys Frank Cruz-Alvarez, Jennifer Voss, Jared Sherr and Talia Zucker have authored an October 2015 Washington Legal Foundation (WLF) monograph surveying eight years of U.S. Supreme Court rulings to forecast trends in federal preemption analysis for practitioners and policymakers. With a forward by GlaxoSmithKline Senior Vice President and General Counsel Daniel Troy, Federal Preemption: Origins, Types and Trends in the U.S. Supreme Court considers how the doctrine of federal preemption "will continue to challenge the judicial system in light of Congress's increasing desire to enact federal regulatory schemes that implicate many traditional state government powers and functions." To this end, the monograph aims to provide "a guide to the competing views on preemption expressed by the United States Supreme Court and to anticipate what participants in the judicial system can expect in the coming years as new preemption problems find their way to the Court." Examining…
An animal study has reportedly suggested that dietary long-chain fatty acids (LCFAs) can increase the severity of chronic inflammatory diseases such as multiple sclerosis. Aiden Haghikia, et al., “Dietary Fatty Acids Directly Impact Central Nervous System Autoimmunity via the Small Intestine,” Immunity, October 2015. Using murine cell cultures and experimental models, researchers evidently showed that LCFAs “enhanced the differentiation and proliferation” of central nervous system reactive immune cells in the intestinal wall, while short-chain fatty acids (SCFAs) promoted the development of regulatory cells that control excessive inflammation. “These data demonstrate a direct dietary impact on intestinal-specific, and subsequently central nervous system-specific, Th cell responses in autoimmunity, and thus might have therapeutic implications for autoimmune diseases such as multiple sclerosis,” states the study, which remarks that these effects did not appear in germ-free intestinal environments and raises questions about the role of the microbiome in mediating autoimmune responses. The researchers apparently…
Baby food manufacturer Plum Organics has agreed to adjust its products’ names to more accurately reflect their contents in light of threatened litigation from consumer group Center for Science in the Public Interest (CSPI). CSPI contended Plum's products misleadingly featured names highlighting their "healthful, high-value ingredients, such as kale, quinoa, blueberries, and green beans," but were composed mostly of "less healthful, less-valuable ingredients, such as apple juice or apple puree." Further details about CSPI's letters to Plum and Gerber appear in Issue 565 of this Update. “Plum’s label improvements will be of enormous help to parents, who want to know at a glance what’s in the food they buy for their infants and toddlers and don’t have time to authenticate information on the front package by reading through every ingredient and disclosure on the back of the package,” said CSPI Litigation Director Maia Kats in an October 22, 2015, press…
A Massachusetts consumer has filed a putative class action against ACH Food Companies, Inc., manufacturer of Weber® BBQ Sauces, alleging the company misleadingly markets its products as "All Natural" despite containing caramel coloring. Demmler v. ACH Food Cos., Inc., No. 15-13556 (D. Mass., filed October 13, 2015). The complaint asserts that under Massachusetts and federal regulations, the term "natural" cannot be used on products containing artificial ingredients such as added flavoring or coloring, so ACH's use of caramel coloring precludes it from labeling and marketing its products as natural. The plaintiff alleges he paid a premium for the sauce because he believed it to be natural, and he seeks to represent a class of consumers alleging unjust enrichment and a violation of state law. Issue 582
The Finnish Market Court has reportedly backed MS Iceland Dairies in a legal dispute with Arla Foods over the sale of skyr dairy products in Finland. According to media reports, the court ruled that “skyr” is not a generic term for a yogurt-like cultured dairy product, but rather a specific trademark for a product made in Iceland or Denmark according to recipes held by MS Iceland Dairies. The decision bars Arla Foods from marketing or selling skyr in Finland, with violations fetching fines of €500,000. See Iceland Monitor, October 7, 2015; FoodBev.com, October 13, 2015. Issue 582
A jury has awarded two Muslim men $240,000 after they were fired from Star Transport Inc. for refusing to transport beer because of their religious beliefs. EEOC v. Star Transport Inc., No. 13-1240 (C.D. Ill., jury verdict submitted October 21, 2015). Each man will receive $20,000 for mental or emotional pain and $100,000 in punitive damages. The court also awarded each $1,500 in back pay. "We are pleased that the jury recognized that these—and all—employees are entitled to observe and practice their faith, no matter what that might be," EEOC Supervisory Trial Attorney Diane Smason said in an October 22, 2015, press release. Issue 582
Subway has reached a settlement agreement in a case alleging its "footlong" sandwiches were not 12 inches in length. In re Subway Footlong Sandwich Mktg. & Sales Practices Litig., MDL No. 2439 (E.D. Wis., settlement agreement filed September 29, 2015). Under the agreement, Subway will require its franchisees to "use a tool for measuring bread in each Subway® restaurant to help ensure that the bread sold to customers is either 6 or 12 inches long" and will check for compliance during its monthly franchise inspections, with an increase in penalties for failure to measure up. If the court approves the agreement, Subway will pay each class representative $1,000 and the class counsel's attorney fees of $525,000, but no monetary awards will be distributed to class members. Additional information about the lawsuit appears in Issues 468 and 487 of this Update. Issue 582
Whole Foods Market Group and a consumer have reached a settlement agreement in a lawsuit alleging the company defrauded customers by calculating and adding sales tax to purchases before deducting any discounts from coupons. Wong v. Whole Foods Mkt. Grp., No. 15-0848 (N.D. Ill., stipulation filed October 12, 2015). The parties filed a joint stipulation of dismissal to the court but did not disclose the agreement's terms. The lawsuit is one of several alleging claims of consumer fraud, common law fraud and unjust enrichment against various retailers. Issue 582
