U.S. and Danish researchers have published an article that discusses a study conducted on a subset of the Danish National Birth Cohort of some 100,000 children and their mothers to explore whether bloodstream levels of perfluorooctane sulfonate (PFOS) and perfluorooctanoate (PFOA), chemicals used in food packaging, may affect fertility. Chunyuan Fei, et al., “Maternal Levels of Perfluorinated Chemicals and Subfecundity,” Human Reproduction, January 28, 2009. Noting that these chemicals are also used in many other consumer products, “are persistent in the environment and have been detected in wildlife and humans around the world,” the researchers found that higher maternal PFOA and PFOS levels were associated with a longer time to pregnancy. They conclude that exposure to these chemicals “may explain some of the fertility differences seen among different populations in developed countries.”
Category Archives Issue 290
A recent study has claimed that the food packaging chemical bisphenol A (BPA) remains in the body longer than expected, raising questions about potential non-food sources. Richard Stahlhut, et al., “Bisphenol A Data in NHANES Suggest Longer Than Expected Half-Life, Substantial Non-Food Exposure, or Both,” Environmental Health Perspectives, January 28, 2009. University of Rochester Medical Center researchers examined BPA levels in the urine of 1,469 adult participants in the National Health and Nutrition Examination Survey (NHANES) sponsored by the Centers for Disease Control and Prevention. The study authors found that instead of quickly metabolizing BPA, people who fasted for 24 hours still eliminated the chemical in their urine, leading to speculation that BPA might be stored in fat tissue or come from other sources such as tap water or household dust. Previous research has allegedly linked higher BPA concentrations to ailments ranging from heart disease, type 2 diabetes and liver…
A recent study published in Environmental Health has allegedly identified mercury in nearly 50 percent of sampled commercial high fructose corn syrup (HFCS). Renee Dufault, et al., “Mercury From Chlor-Alkali Plants: Measured Concentrations in Food Product Sugar,” Environmental Health, January 2009. The study authors apparently detected mercury in nine of 20 HFCS samples from 2005, concluding that “it may be necessary to account for this source of mercury in the diet of children and sensitive populations.” In addition, the Institute for Agriculture and Trade Policy (IATP) has released a report that claims to have found mercury in one-third of 55 brand-name food and beverage products listing HFCS as the first or second ingredient. Both publications were co-authored by the director of IATP’s Food and Health Program, David Wallinga, who reportedly linked the contamination to mercury-grade caustic soda used to separate corn starch from corn kernels during HFCS production. He speculated that…
Federal agents reportedly raided a major organic fertilizer producer in Bakersfield, California, over concerns that it was using a synthetic nitrogen, which is banned from organic farms. Port Organic Products Ltd. is believed to produce up to half the liquid fertilizer used on the state’s organic farms. The raid follows by about a month press reports that state regulators quietly pulled the product of another fertilizer producer, with about a third of California’s market share, from the organic market in November 2007 for similar problems. Synthetic nitrogen is apparently cheaper than approved nitrogen sources such as ground-up fish and chicken feathers, and it is hard to detect. No charges have been filed against Port Organic, and federal officials were reportedly not commenting on their investigation, but a county environmental health services department evidently imposed fines on the company for improperly storing thousands of gallons of aqua ammonia, a common synthetic nitrogen…
Food litigator William Marler discusses the 2006 spinach E. coli outbreak in this article, which provides an overview of the issues that plaintiffs’ lawyers should consider when they represent clients allegedly sickened by contaminated fresh produce. Among the issues flagged are (i) which entities are liable under a strict products liability scheme; (ii) what effect insurance and indemnity agreements will have on “the all-important questions of who is going to pay”; and (iii) whether the industry’s or individual corporation’s knowledge of the risk gives rise to the availability of punitive damages. The article concludes with a brief consideration of how the industry is regulated and why foodborne pathogens continue to sicken consumers. Marler argues that “the most expedient step in preventing another deadly foodborne illness outbreak like the 2006 Dole spinach outbreak is to push for greater corporate responsibility regarding the oversight of food producers. The lives of American consumers depend…
A Massachusetts woman has filed a putative class action in federal court against Gerber Products Co., alleging that its packaging misrepresented the quality of its Fruit Juice Snacks®, which “were virtually nothing more than candy with a touch of vitamin C.” Wiley v. Gerber Prods. Co., No. 09-10099 (D. Mass, filed January 22, 2009). She seeks to represent a class of all consumers who purchased the product before Gerber changed its packaging to indicate that the product was a “treat” rather than a “snack.” Alleging violations of a Massachusetts consumer protection law, intentional and negligent misrepresentation, breach of express and implied warranties, and unjust enrichment, the plaintiff requests class certification, a declaration that Gerber’s acts and practices are unlawful, a permanent injunction, corrective advertising, and damages of $25 per violation amounting to more than $5 million, refunds, double or treble damages, attorney’s fees, and costs. According to the complaint, package…
POM Wonderful LLC has reportedly brought false advertising and unfair competition claims in federal court against Welch Foods Inc. for marketing a product with little pomegranate juice as a “white grape and pomegranate” juice. POM Wonderful LLC v. Welch Foods Inc., No. 09-00567 (C.D. Cal., filed January 23, 2009). According to a news source, POM Wonderful has built a multimillion-dollar business by making and marketing the health benefits of a pomegranate juice-based product line. The company alleges that Welch has taken advantage of its success by developing an intentionally confusing and misleading product and implying “that its product is of the same composition and quality of blended pomegranate juices such as plaintiff’s blended pomegranate juices, when in fact Welch’s has substituted much of the valuable and beneficial substance of pomegranate juice with economically and nutritionally inferior juices such as apple.” POM Wonderful apparently alleges that Welch has violated the false advertising…
Food litigator William Marler has filed a second lawsuit against the Peanut Corp. of America (PCA) on behalf of a California family whose 3-year-old son allegedly fell ill and was hospitalized after eating Salmonella-contaminated peanut butter cracker sandwiches made with a PCA peanut butter product. Trone v. Peanut Corp. of Am., No. 09-418 (N.D. Cal., filed January 28, 2009). The outbreak, which has reportedly sickened more than 500 people across the United States and contributed to eight deaths, has led to one of the largest food recalls in the nation’s history. PCA expanded its recall from peanut butter and peanut paste to all peanuts and peanut products, including whole peanuts (dried, roasted or raw), granulated peanuts and peanut meal, processed in its Blakely, Georgia, facility since January 1, 2007. According to the PCA recall notice, the company sold its recalled products to institutions, food service industries and private label food companies in…
The D.C. Circuit Court of Appeals has reportedly denied a Whole Foods Market, Inc. petition that sought to stop the Federal Trade Commission’s (FTC) antitrust proceedings against the company’s merger with Wild Oats Markets, Inc. The FTC’s administrative trial is scheduled to begin April 6, 2009, and Whole Foods contends that the commission has pre-judged the outcome. According to a Whole Foods spokesperson, “There is no question our due process and equal protection rights have been violated and we intend to pursue this case until we can get a hearing in a federal court about those violations.” According to a news source, Whole Foods is considering reframing and refiling its lawsuit. See Dow Jones Newswires, January 23, 2009.
FDA is seeking nominations for several public advisory committees, including the Transmissible Spongiform Encephalopathies Advisory Committee. This committee evaluates “available scientific data concerning the safety of products which may be at risk for transmission of spongiform encephalopathies having an impact on the public health,” according to FDA. Nominees should have experience in clinical and administrative medicine, hematology, virology, neurovirology, infectious diseases, immunology, transfusion medicine, surgery, internal medicine, biochemistry, biostatistics, epidemiology, biological and physical sciences, sociology/ethics, or other related professions. FDA will accept nominations until it fills all current and upcoming vacancies on the committee. See Federal Register, January 29, 2009.
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