The Food and Drug Administration has issued a warning letter to General Mills, Inc., alleging that labeling for the company’s Cheerios® Toasted Whole Grain Oat cereal contains “serious violations of the Federal Food, Drug, and Cosmetic Act (the Act) and the applicable regulations in Title 21, Code of Federal Regulations (21 CFR).” FDA has specifically alleged that this Cheerios product “is promoted for conditions that cause it to be a drug because the product is intended for use in the prevention, mitigation and treatment of disease.” The warning letter singles out claims suggesting that Cheerios can “lower your cholesterol 4 percent in 6 weeks” and “reduce bad cholesterol by an average of 4 percent,” as well as a claim that “Cheerios is.. clinically proven to lower cholesterol. A clinical study showed that eating 1½ cups servings daily of Cheerios cereal reduced bad cholesterol when eaten as part of a diet…
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A recent study has reportedly found no positive association between dietary acrylamide intake and brain cancer. Janneke G.F. Hogervorst, et al., “Dietary Acrylamide Intake and Brain Cancer Risk,” Cancer Epidemiology, Biomarkers & Prevention, Vol. 18 (2009). Dutch researchers surveyed the dietary habits of 58,279 men and 62,573 women ages 55 through 69 who were enrolled in the Netherlands Cohort Study on Diet and Cancer. The subjects’ dietary sources of acrylamide, the chemical by-product created by baking, frying and toasting foods at high temperatures, included potato chips, French fries, Dutch spiced cake, coffee, bread, and cookies. After adjusting for possible brain cancer risk factors, researchers concluded that hazard ratios for acrylamide were not significantly increased when dietary intake was analyzed as a categorical variable. These same researchers have also concluded that dietary acrylamide is not linked to an increased risk of lung cancer. Those findings were covered in issue 302 of…
University of Toronto scientists have reportedly identified food-wrapper chemicals known as polyfluoroalkyl phosphoric acid diesters (diPAPs) at “low part-per-billion concentrations” in human blood. Jessica C. D’eon, et al., “Observation of a Commercial Fluorinated Material, the Polyfluoroalkyl Phosphoric Acid Diesters, in Human Sera, Wastewater Treatment Plant Sludge, and Paper Fibers,” Environmental Science & Technology, April 29, 2009. Researchers examined blood samples from both male and female donors ages 19 through 70 with various blood types. They also tested paper fibers and wastewater treatment plant sludge “as a proxy for human use and potential exposure,” concluding that high diPAP concentrations in the environment “suggest diPAP materials may be prevalent in our daily lives.” According to a concurrent news release, rat studies have shown that diPAPs “can be metabolized to PFOA [perfluorooctanoic acid] and other perfluorinated carboxylic acids” after ingestion, raising questions about “their potential toxicity in humans and wildlife.” The publication also noted several…
“Our continuing failure to deal with the environmental declines that are undermining the world food economy—most important, falling water tables, eroding soils and rising temperatures—forces me to conclude that such a collapse is possible,” writes Earth Policy Institute President Lester Brown in this article about how global food shortages have the potential to disrupt civilization and increase the number of failed states, which in turn become “a source of terrorists, drugs, weapons, and refugees, threatening political stability everywhere.” Combined with depleted water sources, soil erosion and climate change, a “trend-driven” rise in world grain prices has exacerbated food shortages in many developing countries, according to Brown, who notes that “a fourth of this year’s U.S. grain harvest – enough to feed 125 million Americans or half a billion Indians at current consumption levels – will go to fuel cars.” He warns that without drastic intervention, “a dangerous politics of food…
General Mills, Inc. has reportedly enlisted hundreds of bloggers to receive and review products as part of its MyBlogSpark™ campaign, which sends free samples, coupons and other promotional materials to members in exchange for their feedback. The blog network has apparently registered approximately 900 writers–of whom more than 80 percent are mothers–to expand marketing distribution to an audience purportedly exceeding 8 million readers. One recent set of blog reviews garnered approximately 5 million “total impressions” and 8,000 comments, according to General Mills, which does not purchase ad space on the web pages. The blogosphere’s growing influence, however, has prompted the Federal Trade Commission to propose regulations that would require bloggers to reveal any affiliations with the product under review. MyBlogSpark has thus encouraged participants to divulge their relationship to General Mills, but also asked bloggers to submit any negative reviews to the program before posting them on the Internet. “We…
A UK-based consumer group recently released the results of a survey finding that some baby foods allegedly contain more saturated fat, salt and sugar by weight than popular adult snacks. The Children’s Food Campaign (CFC) apparently analyzed 107 products for infants or toddlers, claiming that only one-half met the Food Standards Agency’s (FSA’s) requirements for low fat, salt and sugar. According to CFC, “Farley’s Original Rusks contained more sugar than McVities Dark Chocolate Digestives, that Heinz Toddler’s Own Mini Cheese Biscuits had more saturated fat per 100g than a McDonald’s Quarter Pounder with Cheese, and that Cow & Gate Baby Balance Bear Biscuits contained trans fat and were not labeled in the way required.” CFC also called on the government to (i) “Obtain a commitment from all companies that produce food marketed for babies and young children to reformulate products to remove trans fats and reduce the amount of saturated fat,…
This student-authored article, prepared with the assistance of an attorney from the office of food litigator William Marler, discusses the inconsistent interpretations Washington courts have given to the definition of “manufacturer” in the state’s product liability statute. The issue is critical in foodborne illness cases because those food sellers not deemed to be manufacturers can be held liable for negligence only, which requires conduct-related proof of culpability, and not under the strict liability regime, which does not. According to the author, “without consistent statutory interpretations, both food producers and consumers face unpredictable trial outcomes and costly litigation.” The author recommends the application of “a test that assesses manufacturer liability not only by the apparent physical changes an entity makes to a product, but also by the increased monetary value the entity adds to the product.” This “value-added” test could, according to the author, include simply washing and bagging produce or…
The named plaintiff who brought a putative class action for false advertising of healthy menu items against a company that operates chain restaurants across the United States has reportedly agreed to dismiss with prejudice the claims she filed in a federal court in Texas. Paskett v. Brinker Int’l Inc., No. 08-942 (N.D. Tex., dismissed April 20, 2009). The plaintiff alleged that the healthy menu items at Chili’s Grill & Bar, Romano’s Macaroni Grill and On the Border Mexican Grill & Cantina restaurants actually contained higher levels of fat, calories and total carbohydrates than listed on the menus. The named plaintiff has filed similar claims in California against Applebee’s parent company, alleging that she dined at these restaurants because they offered a Weight Watchers menu, which was also purportedly advertised and marketed inaccurately. See LexisNexis® Mealey’s™ Litigation Report, Food Liability, May 2009.
Courts in Saskatchewan, Ontario and Quebec have approved a nationwide settlement of claims filed by those allegedly affected by consuming Listeria-tainted meat products produced by Maple Leaf Foods. The 2008 outbreak reportedly sickened 57 people in seven Canadian provinces, and the Listeria strain was purportedly ruled to be the “underlying or contributing cause” in the death of 22 of them. Anyone who consumed the products, estimated at 5,200, may submit a claim for compensation. With symptoms lasting no longer than 48 hours and with no medical proof, claimants can recover $750. With physical symptoms lasting longer than 48 hours and with medical proof, claimants are eligible to recover $3,000 to $125,000. Psychological trauma, with medical proof, will be compensated at $2,000 to $17,500. Those who wish to recover under the compensation scheme must submit their claims no later than November 2, 2009. Those who plan to pursue other legal claims against…
A Texas resident has filed a putative class action in a New Jersey federal court against the manufacturer of a fruit blend, which he alleges is falsely advertised as a product that helps control blood pressure and flush sodium. Slaughter v. Unilever United States, Inc., No. 09-2072 (D.N.J., filed May 1, 2009). At issue is Unilever’s SuperShots®, a fruit blend in three flavors sold in small “shot”-sized bottles. Each contains 350 mg of potassium and is allegedly promoted as a functional food that “will enable consumers to help control blood pressure and flush sodium from their bodies.” According to the complaint, the product does not have this effect and has not been subjected to any clinical trials. The plaintiff seeks to certify a nationwide class of product purchasers and alleges violations of New Jersey’s Consumer Fraud Act, breach of implied and express warranties and unjust enrichment. He seeks restitution, disgorgement, monetary…
