Strict liability and breach of warranty claims filed in an Ohio state court in July 2008 after an E. coli outbreak linked to ground beef sold by Nebraska Beef sickened at least 19 in that state have been removed to federal court. Schlagel v. Nebraska Beef, Ltd., No. 08-01091 (S.D. Ohio, removed November 17, 2008). The named plaintiff of this putative class action is a 4-year-old girl, who allegedly “suffered serious physical and emotional injuries.” The proposed class would include “All Ohio claimants who have suffered personal injury caused by Nebraska Beef’s contaminated E. Coli 0157:H7 meat.” The contamination led to the recall of more than 5 million pounds of meat. The company has reportedly denied the allegations and challenges the suitability of the case for class treatment. See Product Liability Law 360, November 18, 2008.
Category Archives Issue 283
A University of Arizona scientist has reportedly warned the U.S. Centers for Disease Control and Prevention (CDC) that more than 40 percent of prepackaged meats sampled in 2006 tested positive for Clostridium difficile, an intestinal bug usually associated with hospitals and nursing homes. In addition, Professor of Veterinary Science J. Glenn Songer apparently found that 30 percent of the contaminated meats carried a highly toxic strain of C. difficile that is also resistant to drug treatments. He warned that not only is this disease difficult to trace to its source, but it survives most forms of sterilization, including cooking. “These data suggest that domestic animals, by way of retail meats, may be a source for C. difficile for human infection,” Songer told MSNBC.com, which reported on the emergence of the superbug in supermarket products like ground beef, turkey and ready-to-eat summer sausage. Yet, “There are no documented cases of people getting Clostridium…
A study commissioned by the Austrian Ministries for Agriculture and Health has reportedly linked genetically modified crops to lower fertility rates in mice, prompting Greenpeace International to reiterate its call for a global ban. Led by University of Vienna Professor of Veterinary Medicine Jurgen Zentek, researchers concluded that compared to mice on a normal feed mix, those fed a diet of 33 percent GM corn produced third and fourth litters with fewer offspring of lower birth weights. The team described the results as “statistically significant,” adding that more females in the GM-diet group “remained without litters than in the control group.” In response to the finding, one Greenpeace scientist told the Daily Mail that GM food “appears to be acting as a birth-control agent, potentially leading to infertility. If this is not reason enough to close down the whole biotech industry once and for all, I am not sure what…
A recent study explores the claim that rats fed a high-fat diet (HFD) during pregnancy produce offspring predisposed to overeating and obesity. Guo-Qing Chang, et al., “Maternal High-Fat Diet and Fetal Programming: Increased Proliferation of Hypothalamic Peptide-Producing Neurons That Increase Risk for Overeating and Obesity,” Journal of Neuroscience, November 2008. The Rockefeller University researchers examined the possibility that an HFD “alters the development” in utero of “hypothalamic peptides involved in controlling food intake and body weight.” Compared with the progeny of mothers fed a balanced diet, fetuses exposed to an HFD showed alterations in their hypothalamic peptide-producing neurons that could lead to the “long-term behavioral land physiological changes observed in offspring after weaning, including an increase in food intake, preference for fat, hyperlipidemia, and higher body weight.” While some scientists warned that the animal study involved an unnatural diet, others thought the evidence lent credence to the belief that maternal diets…
Economists with the National Bureau of Economic Research have published a study that examines data compiled between 1979 and 1997 to “estimate the effects of TV fast-food restaurant advertising on children and adolescents with respect to being overweight.” Shin-Yi Chou, et al., “FastFood Restaurant Advertising on Television and Its Influence on Childhood Obesity.” The Journal of Law and Economics, November 2008. They conclude that a ban on these advertisements “would reduce the number of overweight children ages 3-11 in a fixed population by 18 percent and would reduce the number of overweight adolescents ages 12-18 by 14 percent.” The researchers used a statistical model to analyze data on some 13, 000 children to link obesity rates to the amount of time children spent watching fast-food advertising on television. In recent years, a number of fast-food chains and food manufacturers have joined the Council of Better Business Bureaus’ Children’s Food and Beverage…
This op-ed article examines the widespread presence of melamine in U.S. agriculture, claiming that despite China’s highly publicized problems with the industrial plasticizer, “what the American consumers and government agencies have studiously failed to scrutinize is how much melamine has pervaded our own food system.” James McWilliams, a history professor at Texas State University at San Marcos, argues that the recent spate of melamine-related incidents “points to the much larger relationship between industrial waste and American food production.” He notes that melamine is routinely added to domestic fertilizers “because it helps control the rate at which nitrogen seeps into the soil,” where it then accumulates as salt crystals that mix with other nutrients essential to crops. In addition, McWilliams warns that the “Byzantine reality” of global food networks makes it nearly impossible to ensure that all imported products are safe. McWilliams recommends that even as it scrutinizes China’s promise to…
The UK Soil Association has reportedly urged veterinarians to limit their penicillin use after health officials found that cows from one unidentified English farm are carriers of extended-spectrum betalactamase (ESBL) E. coli, a rare antibiotic-resistant strain of the disease. Although the organic watchdog noted that the government has asked the farmer and his family to follow strict hygiene procedures, regulators have not placed any restrictions on the movement or sale of the infected herd. “The government often calls on doctors to prescribe antibiotics less often. But similar advice needs to be given to veterinary surgeons and farms,” stated a policy advisor for the Soil Association, which, as of 2009, will also no longer certify organic farms that treat their livestock with a class of antibiotics known as cephalosporins. See FoodProductionDaily.com, November 19, 2008.
In a continuing series on the purported health effects of bisphenol A (BPA), a chemical widely used in plastic food storage containers and metal food cans, the Milwaukee Journal Sentinel has reported that all of the 10 “microwave safe” containers tested at the newspaper’s request leached BPA when heated in a microwave or conventional oven. While food companies advise worried parents to avoid microwaving food in plastic containers with the recycling number 7 stamped on the bottom, researchers apparently found that even those stamped with 2 and 5 leached the chemical. The highest bisphenol A levels reportedly leached from a can of liquid infant formula and a plastic food-storage container. Food company officials apparently responded to the findings by claiming that the low levels leached are insignificant. According to the Journal Sentinel, several peer-reviewed studies show harm to animals at levels similar to those detected in the newspaper’s tests, which…
The Produce Safety Project of the Pew Charitable Trusts has issued a report following its review of the government response to this summer’s Salmonella Saintpaul outbreak that affected thousands of consumers in many states and was never definitively linked to a source, although tomatoes and jalapeno peppers were alternately blamed. Citing specific examples of confusing, uncoordinated and poorly planned communiqués from multiple government agencies, the report calls for more post-mortem study of the government’s response to clarify its shortcomings and inform future efforts. Noting that federal agencies pointed to tomatoes as the cause of the outbreak, but that no contaminated tomato was ever found, the Pew report suggests that the error not only failed to adequately protect consumers but also cost the agricultural industry millions in losses and could have long-term impacts as consumers lose confidence in the safety of “fresh produce in general and fresh tomatoes in particular.” The…
According to a news source, the lawsuit instituted by the Sugar Association to challenge the marketing of the artificial sweetener Splenda® as “made from sugar so it tastes like sugar” has been resolved through a confidential settlement agreement. The trade organization alleged that McNeil Nutritionals’ product promotion deliberately misinformed consumers who would be led to believe that Splenda® contained sugar. A Sugar Association spokesperson reportedly said, “The sugar industry is very satisfied with the settlement and with what they believe will be the outcome of the settlement in terms of marketing of the product.” According to a McNeil spokesperson, the tag line is still in use. See Foodnavigator-usa.com, November 18, 2008.
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