A California appeals court has affirmed a lower court’s ruling against plaintiff Environmental Law Foundation (ELF), which alleged that the products of Beech-Nut Nutrition Corp. and other food manufacturers, distributors and retailers contained sufficient amounts of lead to trigger warnings required under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Envtl. Law Found. v. Beech-Nut Nutrition Corp., No. A139821 (Cal. Ct. App., 1st App. D., Div. 1, order entered March 17, 2015). ELF argued that several products, including foods predominantly intended for babies and toddlers, contained more than the state’s safe-harbor level of 0.5 micrograms per day. On appeal, ELF challenged the trial court’s decision to allow Beech-Nut’s experts to average lead test results over multiple lots rather than evaluating each individually because the single highest result may have met the minimum threshold for Prop. 65 labeling. The court dismissed the challenge, finding that averaging…
Posts By Shook, Hardy & Bacon L.L.P.
The European Food Safety Authority (EFSA) has reportedly concluded that “[t]here is no evidence that the Ebola virus can be transmitted through food in the European Union.” At the request of the European Commission, EFSA issued a scientific report detailing the risk pathway for the transmission of Zaïre Ebola virus (ZEBOV) via imported food consumed in the European Union. Although the report emphasizes that ZEBOV infections linked to the EU food chain have never been documented, it notes the gaps in scientific research stemming from the unlikelihood of this event. “Due to lack of data and knowledge, which results in very high uncertainty, it is not possible to quantify the risk of foodborne transmission of ZEBOV derived from the consumption of these imported foods, or in fact whether or not this mode of transmission could occur at all,” states EFSA. “The overall conclusions of both approaches are consistent and suggest…
The U.K. Food Standards Agency (FSA) has announced the final results of an aspartame study commissioned by the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (COT), which peer-reviewed the initial findings in December 2013. Authored by Hull York Medical School researchers, the study relied on data from 48 individuals who self-identified as sensitive to the artificial sweetener aspartame. After examining various factors—including psychological testing, clinical observation and biochemistry, and metabolomics—the authors found that the participants “showed no difference in their responses after consuming a cereal bar, whether it contained aspartame or not,” according to FSA’s March 19, 2015, press release. Additional details about COT’s review of the study data appear in Issue 506 of this Update. Issue 559
The World Health Organization (WHO) has issued an interim report that seeks to identify policy options for mitigating the risk of childhood obesity. Published by WHO’s Commission on Ending Childhood Obesity, the strategy document emphasizes “the importance of a life-course approach to simultaneously address the risk factors for childhood obesity from before conception, through pregnancy and during childhood, as well as the obesogenic environment in which children and adolescents grow and develop.” Among other things, the interim report urges policymakers to “tackle the obesogenic environment” by adopting standardized food labeling schemes and addressing food and beverage marketing to children. “There is unequivocal evidence that unhealthy food and non-alcoholic beverage marketing is related to childhood obesity,” states the commission. “The increasing number of voluntary efforts by industry and communities suggest that the need for change is widely agreed. Any attempt to tackle childhood obesity should, therefore, include a reduction in exposure…
The U.S. Department of Agriculture (USDA) has scheduled an April 7-8, 2015, public meeting of the Grain Inspection, Packers and Stockyards Administration (GIPSA) Advisory Committee at the National Grain Center in Kansas City, Missouri. Topics of discussion will reportedly include service delivery updates, utilizing new technology to conduct inspections, quality assurance updates, and the reauthorization status of user fees paid by official agencies. See Federal Register, March 16, 2015. Issue 559
Citing research studies alleging links between exposure to bisphenol A and various adverse health effects, U.S. Sens. Dianne Feinstein (D-Calif.) and Patrick Leahy (D-Vt.) have introduced the BPA in Food Packaging Right to Know Act. “Knowledge is empowering, and knowledge about BPA ingredients can also stimulate further reforms by the marketplace,” Leahy was quoted as saying. Among other things, the draft bill would require the secretary of the Department of Health and Human Services to conduct a safety assessment of low-dose, long-term exposure to BPA and any resulting potential negative health effects on vulnerable populations (e.g., pregnant women, children, senior adults) as well any potential adverse health effects on populations with high exposure to the chemical, such as workers involved in product manufacturing processes. The proposal would also mandate labels on food packaging containing BPA to carry the warning statement: “This food packaging contains BPA, an endocrine-disrupting chemical, according to…
Citing internal cane and beet sugar documents dating back to 1959, an article published in PLOS Medicine claims that the sugar industry made a concerted effort to alter the priorities of the National Institute of Dental Research’s (NIDR’s) 1971 National Caries Program (NCP). Cristin Kearns, Stanton A. Glantz, et al., “Sugar Industry Influence on the Scientific Agenda of the National Institute of Dental Research’s 1971 National Caries Program: A Historical Analysis of Internal Documents,” PLOS Medicine, March 2015. University of California, San Francisco, researchers apparently relied on World Sugar Research Organization documents obtained from the University of Illinois Archives, which housed the correspondence of a university professor who also served on the Sugar Research Foundation and International Sugar Research Foundation Advisory Board. They also acquired documents related to NPC via PubMed and WorldCat, as well as by contacting NIDR directly. “The sugar industry could not deny the role of sucrose in…
Whole Oats Enterprises, a partnership of musicians Daryl Hall and John Oates, has filed a lawsuit against Early Bird Foods & Co. alleging that the name of the company’s “Haulin’ Oats” granola product infringes on their trademarks. Whole Oats Enters. v. Early Bird Foods & Co., No. 15-1124 (E.D.N.Y., filed March 4, 2015). The musicians own the registered trademark in “Daryl Hall and John Oates” and assert common law trademark rights to “Hall & Oates,” which the group often calls itself. Early Bird’s “Haulin’ Oats,” a granola product containing rolled oats and maple syrup, is an “obvious” “phonetic play” on the band name, the complaint alleges. The complaint also details a 2014 attempt at the use of “Haulin’ Oats” by a Tennessee company selling oatmeal and food-delivery services. The company assigned its rights to “Haulin’ Oats” to Whole Oats, which then licensed the name back to the company in exchange for royalties.…
The estate of Logan Stiner, an Ohio teenager who died in May 2014 after ingesting pure caffeine powder purchased from Amazon, has filed a lawsuit against the online retailer and the companies that manufacture and market the powder. Stiner v. Amazon.com Inc., No. 15CV185837 (C.P. Lorain Cty., filed March 6, 2015). According to the complaint, “pure caffeine is a drug” under Ohio law, but the powder manufacturers have “successfully avoided meaningful regulation of [the] product by the U.S. Food and Drug Administration (FDA) by classifying their product as a ‘dietary supplement,’” which leaves them “responsible for determining that pure caffeine powder is safe.” The companies “failed to alert users of the known risks and side effects of ingesting caffeine powder, including the risk of cardiac arrhythmia and cardiac arrest,” the reaction that killed Stiner, the complaint says. The estate also alleges that the companies did not conduct adequate testing of…
A Colorado state court has approved the settlements of several wrongful death and personal injury suits against 14 defendants—including Jensen Farms—stemming from the sale of cantaloupe tainted with Listeria that killed 33 people in 2011. Exley v. Jensen Farms, No. 2011-1891 (Colo. D.C., Arapahoe Cty., order entered March 5, 2015). The court dismissed 24 of 26 cases pursuant to the settlement agreement reached in February 2015, remanded one case to a Texas court and left the dismissal of the last case to a probate court because it regards a minor. The settlement terms are confidential, but according to plaintiffs’ attorney Bill Marler, the medical expenses total more than $12 million. Details about the criminal charges against the brothers who own Jensen Farms appear in Issue 500 of this Update. See Minneapolis Star Tribune, March 11, 2015. Issue 558
