New York Times op-ed writer Mark Bittman has authored a commentary urging the federal government to adopt policies and incentives to benefit growers and consumers “with products that [are] less damaging to the environment and public health.” Focusing on three broad food categories—“industrially produced animal products,” “junk food” and “real food”—Bittman explains how certain policies can either promote their production and consumption or restrict their use, much as tobacco-control policies have changed over time and affected production, sale and use patterns. While acknowledging that such changes can be disruptive and that certain sectors can be harmed by new agricultural policy, Bittman claims that government action is more effective than efforts to change the industry and is desirable in the long run. “We can pressure corporations all we want, and what we’ll get, mostly, is healthier junk food. Really, though, as long as sugar is profitable and 100 percent unrestricted (and…
Posts By Shook, Hardy & Bacon L.L.P.
The Australian Commonwealth Scientific and Industrial Research Organization (CSIRO) has reportedly launched a new research initiative designed to monitor honey bee behavior using tiny radio frequency identification (RFI) sensors. According to a January 15, 2014, CSIRO news release, researchers have for the first time fitted 5,000 bees in Hobart, Tasmania, with 2.5-by-2.5 millimeter sensors as part of CSIRO’s efforts to improve pollination and productivity on farms as well as understand threats to hive health such as colony collapse disorder. These sensors will transmit information about each individual bee’s movements whenever it passes a data-gathering checkpoint, allowing scientists “to build a comprehensive three dimensional model and visualize how these insects move through the landscape.” “Bees are social insects that return to the same point and operate on a very predictable schedule. Any change in their behavior indicates a change in their environment,” explained lead researcher Paulo de Souza. “If we can…
A recent report issued by the U.K.’s National Obesity Forum suggests that a 2007 prediction that 50 percent of the British population would be obese by 2050 significantly underestimated the scale of the country’s obesity crisis. Titled “State of the Nation’s Waistline,” the report notes that “it is entirely reasonable to conclude that the determinations of the 2007 [report], while shocking at the time, may now underestimate the scale of the problem.” Noting that health professionals could do more, such as intervening earlier, initiating discussion with patients on obesity and weight management issues, routinely measuring children’s height and weight and adults’ waist circumferences, and encouraging citizens to take a more proactive approach regarding their own health, Forum Chair David Haslam says that these actions go hand in hand with government leadership and ensuring responsible food and drink manufacturing and retailing. “We need more proactive engagement by healthcare professionals on weight…
According to an article appearing in the January 2014 issue of the Harvard Law Bulletin, Harvard Law School has established a food law and policy clinic in light of “more and more people deeply concerned about what they’re eating and what it means for our health, the economy, the environment, social justice, and even national security.” The school has also launched the Food Law Lab that “will be a locus for research, scholarship and teaching on the legal regulation of food.” Lab director Professor Jacob Gersten has predicted that “in the next decade, food law will become as big as environmental law. In terms of sheer volume and variety of legal happenings, the field is quite vibrant right now.” Among other issues of interest are changes to food safety regulations under the Food Safety Modernization Act, U.S. Supreme Court jurisprudence on genetically modified seeds, state and local government regulations such as…
The National Academies’ Institute of Medicine (IOM) has issued the summary from an August 5-6, 2013, workshop titled “Caffeine in Food and Dietary Supplements.” Convened at the request of the U.S. Food and Drug Administration, workshop participants included “scientists with expertise in food safety, nutrition, pharmacology, psychology, toxicology, and related disciplines; medical professionals with pediatric and adult patient experience in cardiology, neurology, and psychiatry; public health professionals; food industry representatives; regulatory experts; and consumer advocates.” They addressed the “changing caffeine landscape” in which new food and dietary supplement products including the substance are entering the marketplace at a rapid pace and may be “targeting populations not normally associated with caffeine consumption.” Among the workshop objectives were (i) “[e]valuate the epidemiological, toxicological, clinical, and other relevant literature to describe important health hazards associated with caffeine consumption”; (ii) “[d]elineate vulnerable populations who may be at risk from caffeine exposure”; (iii) “[d]escribe caffeine…
Food activist and blogger Nancy Huehnergarth has reportedly filed a complaint with the New York attorney general (AG) over a purportedly deceptive “viral advertising campaign” from 2013 featuring a mobile game that promoted Gatorade® as a performance enhancer while denigrating water as “the enemy of performance.” According to a news source, gamers using the app navigated an avatar through an obstacle course and picked up bottles of Gatorade® to increase his speed while avoiding drops of water that slowed him down. Huehnergarth, who co-founded the New York State Healthy Eating and Physical Activity Alliance and was instrumental in getting “junk” food removed from school vending machines in her community, apparently filed the complaint because she believed the campaign provided an inaccurate message to children. “It’s preying on youth while slipping past parents who don’t necessarily police a mobile device quite as carefully as they do a computer. I think it’s…
A California resident has filed a putative statewide class action in a California federal court against Diamond Foods, Inc., alleging that the company misleads consumers by prominently labeling its line of TIAS Tortilla Chips® as “All Natural” when they contain artificial ingredients such as maltodextrin and/or dextrose. Surzyn v. Diamond Foods, Inc. No. 14-136 (N.D. Cal., filed January 9, 2014). The complaint has been crafted to avoid some of the pitfalls that other plaintiffs have encountered bringing similar claims, including express references to the defendant making “the exact same ‘All Natural’ claim in the exact same prominently displayed location on the front packaging,” to forestall a court finding that the plaintiff lacks standing to pursue claims for products she did not actually purchase. Alleging economic injury, that is, not receiving the benefit of the bargain, and expressly not seeking “to contest or enforce any state law that has requirements beyond those…
Eric and Ryan Jensen, who owned the cantaloupe farm linked to a deadly 2011 Listeria outbreak, have reportedly urged a court, following their pleas to charges related to the incident, not to sentence them to prison. Additional details about the plea and charges appear in Issue 500 of this Update. They apparently claim that they do not need correctional treatment and have done everything possible to make the victims whole, including declaring bankruptcy to make a pool of money available to compensate them. The brothers pleaded guilty to six misdemeanor charges that each carry potential sanctions of one year in prison, a $250,000 fine, or both, as well as one year of supervised release. A sentencing hearing will be held in late January 2014. According to Eric Jensen’s brief, “this case has already prompted a new awareness of food safety law and the strict liability imposed on producers and food…
A putative class of workers employed by Benihana Inc. in its New York City-based Haru Restaurants has filed an unopposed motion for preliminary approval of an agreement that would resolve claims that the company did not pay employees all the pay to which they were entitled and did not provide certain employees with valid tip credits. Lin v. Benihana Nat’l Corp., No. 10-1335 (S.D.N.Y., motion filed January 14, 2014). Under the agreement, the company would create a $600,000 settlement fund that would reimburse certain class members the full amount of their spread-of-hours premium and other members 80 percent of purported back pay due to an invalid tip credit. Under New York law, employees who work more than 10 hours during a work day are entitled to an extra hour of pay, referred to as spread-of-hours wages. Attorney’s fees and expenses would also be paid from the fund. Issue 510
According to news sources, San Francisco City Attorney Dennis Herrera and New York Attorney General Eric Schneiderman have entered an agreement to share documents and otherwise coordinate efforts in their ongoing investigations of Monster Beverage Corp., which, they allege, illegally markets highly caffeinated beverages to children. Herrera reportedly said, “Up until now, we have been working in parallel fashion, but now you will see greater cooperation. I have enormous respect for Attorney General Schneiderman and am glad to be working with his office in this major consumer protection issue.” Herrera further claimed that the company continues “to market its potentially dangerous products to children, despite the known risks it poses to young people. Hopefully, our efforts can lead to a reform of those practices.” The agreement was apparently struck about the same time that a court dismissed Monster Beverage’s attempt to stop Herrera’s investigation. Details about the ruling appear in…
