World Health Organization (WHO) researchers recently published an analysis of energy drink consumption in Europe that takes into account relevant scientific literature published through June 2014. Joao Breda, et al., “Energy drink consumption in Europe: a review of the risks, adverse health effects, and policy options to respond,” Frontiers in Public Health, October 2014. Noting that most adverse events associated with energy drink consumption are caffeine-related, the study reports that some energy drinks contain “extreme caffeine levels much higher than mainstream brands as they try to establish themselves in the market.” “Consumption of energy drinks among adolescents is associated with other potentially negative health and behavioral outcomes such as sensation seeking, use of tobacco and other harmful substances, and binge drinking and is associated with a greater risk for depression and injuries that require medical treatment,” suggest the study’s authors. “There is an increasing amount of research linking energy drink…
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The Center for Science in the Public Interest (CSPI) has released a report claiming that candy, energy bars, chips, and cookies constitute 90 percent of foods marketed in store checkout lanes, while sugar-sweetened beverages constitute 60 percent of the beverage options. According to the study, which examined 30 retailers in the Washington, D.C., area, 86 percent of non-grocery retailers displayed foods and/or beverages in checkout aisles, but only one food store abstained from marketing foods or beverages at the point of sale. In addition, the one retailer with a designated “family-friendly” aisle still marketed allegedly unhealthy foods and beverages in amounts and percentages similar to those found in regular checkout lanes. Arguing that such practices promote obesity, the consumer watchdog is urging retailers to set “nutrition standards for their checkout offerings” by limiting the amount of calories, saturated and trans fats, added sugars, and sodium in food and beverage options. “In…
Adopting a magistrate judge’s recommendation, a Texas federal court has ruled that Texas can intervene in a lawsuit brought by brewer Alamo Beer Co. alleging that Old 300 Brewing infringed Alamo Beer’s trademark for using the silhouette of the Alamo building on its labels. Alamo Beer Co. LLC v. Old 300 Brewing LLC, No. 14-285 (W.D. Tex., order entered October 14, 2014). The state of Texas filed a motion to intervene in April 2014, asserting that its interests in the Alamo trademark were not adequately represented by either party. A magistrate judge issued a report on the matter in May recommending that Texas be allowed to join the lawsuit, and Alamo Beer argued to the court that the magistrate judge had failed to properly analyze two factors of mandatory intervention and that the state lacked the right to intervene under trademark law. Reviewing Alamo Beer’s concerns, the court rejected its arguments and…
A California federal court has granted in part and denied in part a motion for summary judgment in a lawsuit alleging that Mott’s violated the U.S. Food and Drug Administration’s (FDA’s) and California’s Sherman Law standards on the use of “no sugar added” on food packaging. Rahman v. Mott’s LLP, No. 13-3482 (N.D. Cal., order entered October 14, 2014). The plaintiff alleged that Mott’s 100% Apple Juice included a “no sugar added” label but failed to follow the additional FDA regulations requiring “a statement that the food is not ‘low calorie’ or ‘calorie reduced’ (unless the food meets the requirement for a ‘low’ or ‘reduced calorie’ food) and that directs consumers’ attention to the nutrition panel for further information on sugar and calorie content.” Mott’s moved for summary judgment on four grounds: the plaintiff (i) did not suffer damages as a result of purchasing the apple juice, (ii) lacked standing…
A New Jersey federal court has refused to dismiss a lawsuit alleging that Gerber falsely advertises some of its products as providing immune system boosts and as being nearly equal to breast milk. In re Gerber Probiotics Sales Practices Litig., No. 12-835 (D.N.J., order entered October 6, 2014). The plaintiffs alleged that Gerber misleadingly advertised three products—Good Start Protect Infant Formula, Good Start 2 Protect Formula for 9 through 24 months and DHA & Probiotic Cereal—as boosting immunity with an “Immuniprotect” formula that includes trademarked Bifidus BL probiotic bacteria. Gerber challenged the plaintiffs’ fourth amended complaint for lack of standing, arguing that the complaint did not allege that a named plaintiff purchased the infant formula product, but the court found that the basis for the claims was the same in that Gerber advertised each product as “scientifically advanced” and superior through the inclusion of Bifidus BL. The court agreed with Gerber’s…
A World Trade Organization (WTO) dispute settlement panel has found that a series of food safety restrictions imposed by the Indian government on imports of U.S. poultry products was based on the inaccurate proposition that U.S. poultry was more likely to carry bird flu. India failed to distinguish between high-pathogenic bird flu that had not been found in the United States since 2004 and a low-pathogenic strain that had appeared in the country, the WTO panel found, so it rejected the Agreement on Sanitary and Phytosanitary Measures. The United States initially challenged the import restriction in 2012 following complaints from chicken farmers accusing the Indian government of unfairly shielding its poultry producers from foreign competition. India has 60 days to challenge the panel’s findings, and if it does, the WTO Appellate Body will have 90 days to issue a report on the dispute. Issue 541
The Consumer Reports (CR) Food Safety and Sustainability Center has reportedly tested more than 80 processed foods for genetically engineered (GE) corn or soy, concluding that products labeled “natural” contained GE ingredients in levels comparable to those of their conventional counterparts. After analyzing breakfast cereals, bars, corn chips and tortillas, baking mixes and flour, meat and dairy substitutes, and tofu/tempeh, CR reported that (i) the majority of corn and soy identified in conventional products was genetically modified; (ii) products deemed “no GMO” by the manufacturer were less than 0.9 percent GE corn or soy; and (iii) products bearing third-party “Organic” or “Non GMO Product Verified” claims also contained negligible amounts of GE corn or soy. Based on these findings, CR has dubbed “Natural” labels “not meaningful,” as the U.S. Food and Drug Administration (FDA) does not enforce any formal definition for this label. In addition, CR Food Safety and Sustainability Center…
A California federal court has preliminarily approved a settlement in a case alleging that Ghirardelli failed to include white chocolate, cocoa or cocoa butter in its white chocolate chips. Miller v. Ghirardelli Chocolate Co., No. 12-4936 (U.S. Dist. Ct., N.D. Cal., San Francisco Div., order entered October 2, 2014). Additional details about the settlement appear in Issue 535 of this Update, and further information about the litigation appears in Issues 465 and 479 of this Update. Under the agreement, Ghirardelli will pay $5.25 million to a common fund to distribute to class members. Notices to potential class members will appear in People magazine and the Oakland Tribune and on several popular websites, and any leftover balance in the settlement fund will be divided among several consumer and food organizations, including Consumers Union and Florida State University’s Food & Nutrition Science Department. A fairness hearing is scheduled for February 2015. …
Stewart Parnell, former CEO of Peanut Corp. of America (PCA), and his brother Michael Parnell, former vice president of sales, have filed a joint motion for a new trial following their recent convictions on charges stemming from a Salmonella outbreak traced to their peanut processing facilities. United States v. Parnell, 13-12 (M.D. Ga., motion filed October 7). In a separate motion, former quality control manager Mary Wilkerson asked the court to acquit her of obstruction-of-justice charges because, she argued, the government failed to provide “a recording, time log, video, affidavit, state or any time of record of the alleged interview” in which Wilkerson was apparently asked “if she was aware of any positives [for Salmonella] in any of the FDA Inspector’s notes.” In their motion, the Parnells claimed that jury members conducted their own research and discovered that the Salmonella outbreak had been linked to nine deaths, a fact that had been excluded…
A federal court has denied Vermont Public Interest Research Group (VPIRG) and the Center for Food Safety’s (CFS’s) motion to intervene in a lawsuit challenging Vermont’s statute requiring food manufacturers to label their products if they contain genetically modified organisms (GMOs). Grocery Mfrs. Ass’n v. Sorrell, No. 14-0117 (U.S. Dist. Ct., D. Vt., order entered October 7, 2014). In their motion to intervene, the consumer groups argued that they had a right to be involved in the litigation because if Act 120 were held to be unconstitutional, it would “injure their organizational missions, their advocacy efforts, and the personal interests of their members.” In addition, they asserted that the state’s financial and human resources were insufficient to defend the law. In response, the court cited a Sixth Circuit decision holding that, according to the district court’s summary, “a public interest group does not have a separate interest sufficient to intervene…
