According to a Harvard microbiologist, 80 to 90 percent of the hard cheese produced in the United States uses, as part of the curd-separation process, rennet made with a genetically modified (GMO) ingredient—chymosin. Noting that “chymosin produced by E. coli was the first enzyme made with recombinant DNA technology approved for use in food. . . all the way back in 1991,” Kevin Bonham asks whether GMO technology opponents would object to eating cheese made with this type of chymosin, which is also naturally occurring in calf stomachs and chemically indistinguishable from its animal-derived counterpart, and whether companies, such as Whole Foods, promising to label their GMO products will use the label on cheese products. Apparently, “[m]ost regulatory agencies don’t consider chymosin an ingredient.” Bonham also reports that “the problem goes way beyond cheese,” because the U.S. Food and Drug Administration “has approved over 30 recombinant enzymes for use in…
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The U.K.-based Action on Sugar campaign has issued a new survey allegedly revealing “the shockingly high and unnecessary levels of sugar in carbonated sugar-sweetened soft drinks,” according to a June 12, 2014, press release. After analyzing 232 sugar-sweetened drinks sold in grocery stores, Action on Sugar researchers reported that 79 percent of surveyed beverages contain six or more teaspoons of sugar per can. In particular, the campaign singled out ginger beer as one category of sugar-sweetened beverage with higher sugar levels than expected, recommending that these drinks contain only 9 grams of sugar per 100 milliliters. “Added sugars are completely unnecessary in our diets and are strongly linked to obesity and Type II Diabetes, as well as to dental caries; which remains a major problem for children and adults,” said Action on Sugar Chair Graham MacGregor. “Replacing sugar with sweeteners is not the answer: we need to reduce overall sweetness…
A dietitian and nutrition educator associated with the Physicians Committee for Responsible Medicine (PCRM), which promotes a vegan lifestyle and has apparently been associated with the animal rights organization People for the Ethical Treatment of Animals, draws parallels between the tobacco and food industries in an article titled “Why Big Food is the Big Tobacco of the 21st Century.” Susan Levin notes that in 1962, the Royal College of Physicians called for restricting tobacco advertising and sales to children and increasing the cigarette tax, and that within the last week the United Nations “made almost the exact same recommendations about unhealthful foods, which it says are now a bigger threat to global health than tobacco.” Levin implies that the food industry distorts science to market a dangerous product, just like tobacco, and cites as an example how cigarette manufacturers reformulated their products to low-tar and filtered when sales declined “after…
The Yale Rudd Center for Food Policy and Obesity has released a new brief updating its annual report on trends in TV food advertising to young people. Documenting changes “in the total number of food-related TV ads viewed by children and adolescents from 2002 to 2013,” the brief concludes that despite the Children’s Food and Beverage Advertising Initiative (CFBAI), “the total number of food and beverage ads viewed by children has increased by 8% and advertising to adolescents increased 25% since 2007.” Although youth exposure to food-related TV ads apparently peaked in 2004, Rudd Center alleges that the number of food- and beverage-related TV ads viewed by children younger than age 12 has only increased since companies adopted CFBAI in 2007. According to the brief, TV ads for fast-food restaurants represented 23 percent of food-related ads viewed by children and 28 percent of ads viewed by adolescents in 2013. In…
The Center for Science in the Public Interest (CSPI) has informed the CEO of Campbell Soup Co. that it will seek injunctive and monetary relief if the company continues to (i) “mislead consumers about the juice content, nutritional value, and healthfulness of its Products”; (ii) “represent that its V8 V-Fusion Refreshers contain no added sugars”; and (iii) mak[e] deceptive nutrient content claims on its V8 Splash Products in violation of United States Food and Drug Administration’s (‘FDA’) Fortification rule.” At issue are products from the V8 V-Fusion Refreshers (20-25% juice) variety of the V8 V-Fusion product line and the entire line of V8 Splash juice drink products, including V8 Splash (5-10% juice), Diet V8 Splash (8% juice) and V8 Splash Smoothies (10% juice). CSPI characterizes these products as “sugary juice cocktails.” According to CSPI, the marketing and labeling for these products are confusingly similar to V8 100 percent juice products…
After Kangadis Food Inc. filed for bankruptcy claiming that putative class litigation challenging its alleged misleading olive oil representations has cost the company, which does business as The Gourmet Factory, more than $1.4 million in attorney’s fees and could cost an additional $750,000 if the claims go to trial, the named plaintiffs filed class claims against its owners in a New York federal court. Ebin v.Kangadis Family Mgmt. LLC, No. 14-1324 (S.D.N.Y., filed June 11, 2014). The heavily redacted complaint alleges that these individuals were directly involved in trying to pass off pomace oil, processed from olive oil residue, as “100% Pure Olive Oil” under the Capatriti brand. Details about the litigation appear in Issue 515 of this Update. One of the individuals named as a defendant in the new lawsuit—identified as Aristidis Kangadis—apparently evaded deposition when the company’s counsel argued to the court that he “is a 73 year…
Four food, beverage and business trade organizations have filed a constitutionally based challenge to Vermont’s recently enacted law that would require food and beverage manufacturers to disclose on product labels that their products are “produced with genetic engineering” (GE), or “may be” or are “partially” so produced and to prohibit the use of terms such as “natural” in the labeling, signage and advertising of GE products. Grocery Mfrs. Ass’n v. Sorrell, No. 14-0117 (D. Vt., filed June 12, 2014). According to the complaint, it will be difficult or impossible to comply with the law’s July 1, 2016, effective date, because members must “revise hundreds of thousands of product packages,” “establish Vermont-only distribution channels” or “revise the labels for all of their products, no matter where they might be sold in the United States.” The plaintiffs claim that the law’s proscriptions “are beyond Vermont’s power to enact” by “compelling manufacturers to…
A federal court in California has denied the motion to dismiss filed by The Hain Celestial Group in four consolidated putative class actions alleging that the company deceives consumers by labeling and promoting 10 of its Celestial Seasonings® teas as “100% Natural” when they contain chemical insecticides, fungicides and herbicides. Von Slomski v. The Hain Celestial Group, Inc., No. 13-1757 (C.D. Cal., order entered June 10, 2014). So ruling, the court disagreed that the plaintiffs failed to state a claim or lacked standing, or that the litigation should be dismissed under the primary jurisdiction doctrine. The company challenged the Eurofins test on which the plaintiffs rely to support their claim that the teas contain “significant levels” of man-made, chemical pesticides. According to the defendant, the plaintiffs failed to provide details about the testing, and the study “was published by ‘an admittedly biased short-seller that admits that it issued the report…
The New York State Senate has passed legislation (S7217A) that would ban the sale of powdered alcohol, a concentrated alcoholic beverage deemed “unnecessary” and “dangerous” by the bill’s sponsor, Sen. Joseph Griffo (R-Rome). One such product, Lipsmark, LLC’s Palcohol®, was approved in April by the Alcohol and Tobacco Tax and Trade Bureau (TTB), but the agency later reversed its approval, stating that it had been made in “error.” Lipsmark has reportedly resubmitted its application for approval. If the bill is passed by the New York State Assembly, powdered alcohol would be banned in the state even if TTB approves it to be marketed in the United States. “Should the [Food and Drug Administration] reverse its decision again and approve it, we should have a law in place to prohibit the sale of this product in New York. I hope the Assembly will join us in passing this legislation,” said Griffo.…
The U.K. Advertising Standards Authority (ASA), has upheld four complaints challenging whether a TV ad for Bioglan “superfood” chia and flax seeds complied with the European Register of Nutrition and Health claims with its use of the word “superfood” and comparisons demonstrating the seeds’ protein, calcium and fiber content. At issue specifically was food manufacturer PharmaCare’s claim that adding its chia and flax seeds to breakfast provides “as much protein as a small egg; more calcium than 100 ml of milk; as much fiber as a cup of oats; and a high source of the Omega 3 fatty acid ALA.” Concluding that although PharmaCare was within its rights to present the seeds as sources of the specific nutrients, the multiple references to “superfood” to reference “a general, non-specific benefit of the food for overall health,” needed to be accompanied by a specific authorized health claim. “We noted that the Regulation…
