McDonald’s Corp. investors have reportedly rejected a shareholder proposal that asked the company to prepare a report assessing the role of fast food in “childhood obesity, diet-related diseases and other impacts on children’s health.” Led by the Sisters of St. Francis of Philadelphia, which apparently owns $2,000 in company stock, the proposal coordinated with an open letter campaign launched by Corporate Accountability International (CAI) that asked McDonald’s CEO Jim Skinner to retire “marketing promotions for food high in salt, fat, sugar, and calories to children, whatever form they take—from Ronald McDonald to toy giveaways.” The letter apparently ran in several media outlets, including the Chicago Sun-Times, New York Metro and San Francisco Examiner, and garnered signatures from more than 550 health professionals and organizations. At the May 19, 2011, shareholder meeting, however, the company recommended a “no” vote on the proposal, and Skinner evidently defended the iconic clown as an…
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A group of physicians and scientists has written a letter to federal agencies calling for more pesticide testing on children’s favorite fruits and vegetables. Noting that the U.S. Department of Agriculture (USDA) typically releases latest data on pesticide residues on fruits and vegetables each January but has yet to do so this year, the May 6, 2011, letter urges officials from the USDA, EPA and FDA to “speed the release” of such data. Signed by leaders of medical schools such as Columbia University, Harvard, Mount Sinai, and Stanford, the letter warns that growing evidence shows pesticide consumption can cause lasting harm to children’s brain development. “Children are uniquely sensitive to harmful effects from pesticides,” the letter states. “Yet they eat substantial quantities of certain fresh fruits and vegetables—apples, berries, peaches, for example—proven to contain multiple pesticide residues. We urge you to expand testing programs and share ample information with the…
According to a news source, the family of a teenager has sued Phusion Projects, which makes the alcohol energy drink Four Loko®, alleging that their son’s disorientation after drinking two of the beverages led to his fatal accident. Rupp v. Phusion Projects, No. __ (Ill. Cir. Ct., Cook Cty., filed May 19, 2011). He allegedly consumed the beverage during a concert in 2010, and his parents picked him up after concert staff contacted them claiming the boy “appeared extremely intoxicated.” The family alleges that their son acted “paranoid and disoriented” on the ride home and took off running when they arrived home. He apparently died when he was struck by a car after running onto a busy highway. The family reportedly alleges in the wrongful death lawsuit that the company “was careless and negligent in formulating a caffeinated, alcoholic beverage that desensitizes users to the symptoms of intoxication, and increases…
A former employee of an Olathe, Kansas, waffle venue has brought a collective action against his employer alleging that it reported inaccurate tip earnings so that it would appear that his total earnings were compliant with the federal minimum wage. Spears v. Mid America Waffle House, Inc., No. 11-2273 (D. Kan., filed May 2010). Jared Spears, who was paid an hourly wage of $2.13 plus tips, contends that when he complained about the issue, he was given fewer hours to work and his wage “was further reduced by a mandatory meal credit that was deducted from his compensation whether he ate a meal or not.” He claims damages in excess of $75,000 and seeks injunctive and declaratory relief.
A South Carolina-based family farming operation has filed a complaint seeking damages that it alleges were sustained in 2008 when the Food and Drug Administration (FDA) issued a nationwide recall of round tomatoes due to a purported Salmonella outbreak. Seaside Farm, Inc. v. United States, No. 11-1199 (D.S.C., filed May 18, 2011). The plaintiff claims that independent audits before the recall was announced verified that its produce and practices were safe. Still, according to the complaint, “At the time of the recall, the FDA had not positively identified a single tomato as a current source of the salmonella outbreak in the United States” and “The FDA never identified any contaminated tomatoes and ultimately conceded that tomatoes were not the source of the salmonella contamination.” Claiming that the recall “decimated the market price for fresh tomatoes,” the plaintiff seeks unspecified general and special compensatory damages and interest under the Federal Tort Claims Act.…
Rare Breed Distilling has filed a trademark infringement action in a Kentucky federal court alleging that Jim Beam Brands’ use of “Give ‘Em the Bird” in connection with its Old Crow bourbon whiskey “is likely to confuse and deceive consumers and purchasers of bourbon whiskey products.” Rare Breed Distilling LLC v. Jim Beam Brands Co., No. 11-292 (W.D. Ky., filed May 13, 2011). Rare Breed has apparently used “Give Them the Bird,” which evolved into “Give ‘Em the Bird,” since 2006, in connection with its Wild Turkey® bourbon whiskey products. The plaintiff alleges that Jim Beam adopted identical marks for use and filed a still pending application to register the mark in March 2010. According to the complaint, Jim Beam has refused to acknowledge Rare Breed’s prior rights to the mark and continues to use it. Alleging federal trademark infringement and unfair competition, and common law unfair competition, the plaintiff seeks…
A federal court in the District of Columbia has issued an order granting preliminary approval of a settlement agreement involving a class of African-American farmers who “submitted late-filing requests under Section 5(g) of the Pigford v. Glickman Consent Decree on or after October 13, 1999, and on or before June 18, 2008,” but had not yet obtained a determination on the merits of their discrimination complaints. In re: Black Farmers Discrimination Litig., No. 08-0511 (D.D.C., filed May 13, 2011). The order certifies the class and sets a “cost cap” of $35 million with payment of up to $3.5 million for class counsel fees and costs. Class members are enjoined from bringing any other claims arising out of section 14012 of the Food, Conservation, and Energy Act of 2008. These lawsuits alleged that the U.S. Department of Agriculture systematically discriminated against African-American farmers on the basis of race. The court has scheduled…
A federal court in California has reportedly dismissed without prejudice putative class claims filed against General Mills Inc. alleging that the company falsely conveyed to consumers that its Total Blueberry Pomegranate® cereal product contained real fruit. Dvora v. Gen. Mills Inc., No. 11-1074 (C.D. Cal., dismissed May 16, 2011). According to a news source, the court determined that the plaintiff’s state-law claims were preempted by federal product-labeling laws that allow a manufacturer to use a fruit’s name and image to describe a flavor even if the product contains no fruit. The claims were apparently based on allegations that the product was falsely labeled “naturally and artificially flavored” and the packaging was misleading. The court disagreed, saying, “If you look at the ingredients table, blueberry and pomegranate aren’t there. So I don’t understand how a reasonable consumer is somehow tricked into thinking it contains blueberry and pomegranate.” The court also said…
The California Senate’s Business, Professions and Economic Development Committee has reportedly passed a bill (S. 380) that would permit the Medical Board of California to “set content standards for any educational activity concerning a chronic disease that includes appropriate information on the impact, prevention, and cure of the chronic disease by the application of changes in nutrition and lifestyle behavior.” The legislation would amend Section 2190 of the Business and Professions Code that deals with mandatory continuing medical education and authorize the board “to also set content standards for an educational activity concerning chronic disease, as specified.” See John McDougall Press Release, May 16, 2011. Backed by the American College of Lifestyle Medicine and the Physicians Committee for Responsible Medicine, the bill was evidently authored by John McDougall, a physician known for emphasizing the role of diet in preventing chronic disease. McDougall currently appears in the film “Forks over Knives,”…
The Institute of Medicine’s (IOM’s) Food and Nutrition Board has announced a June 7, 2011, meeting that will focus on the safety of imported foods “with the purposed of engaging science, technology, and policy personnel representing the global food supply chain, government agencies, and academia.” Titled “Food Forum Meeting on Supply Chain and Policy/Regulatory Approaches to Import Safety,” the meeting will include a morning panel featuring actors representing the supply chain “from producer to retailer/food service provider” and an afternoon panel of government officials representing “governance processes from the state to global level.” By focusing on the Food and Drug Administration’s new authority granted under the Food Safety Modernization Act (FSMA), including “importer accountability, third party certification, certification for high risk foods, voluntary qualified importer program, and authority to deny entry,” the meeting aims to “provide perspectives and ideas useful for the development and implementation of the multifaceted import tools available…
