A federal court in California has denied a motion to dismiss putative class claims that Arizona Beverage Co. deceptively labels its products as “100% Natural,” “All Natural,” or “Natural,” despite using high-fructose corn syrup as an ingredient. Hitt v. Arizona Beverage Co., LLC, No. 08-809 (S.D. Cal., order entered February 4, 2009). The complaint also alleges that those beverages with fruit in the name are deceptively labeled because they “do not contain any substantial amount of the fruit named on the label.” The defendants sought to dismiss claims that they violated consumer fraud statutes by contending that they are expressly and impliedly preempted under federal law. The court summarily ruled that the plaintiff’s claims were not expressly preempted because they do not fall within any of the express preemption provisions of the Nutritional Labeling and Education Act. The court also ruled that the claims were not impliedly preempted because (i) the…
Category Archives Issue 292
The FDA Science Board has announced a public meeting on February 24, 2009, to discuss “the continued assessment of bisphenol A (BPA) in FDA-regulated products.” The board will also receive updates from two working groups on “economically motivated adulteration of FDA-regulated products and rapid detection of Salmonella in foods.” In addition, FDA intends to publish information on its BPA assessment later this month to facilitate public feedback. The board will accept written comments on these issues until February 17, 2009. See FoodNavigator-USA.com, February 10, 2009.
A recent meta-analysis and systematic review of medical literature has suggested that obese women are more likely to have children affected by structural abnormalities such as tube defects, spina bifida, cardiovascular anomalies, septal anomalies, cleft palate, cleft lip and palate, anorectal atresia, hydrocephaly, and limb reduction anomalies. Katherine J. Stothard, et al., “Maternal Overweight and Obesity and the Risk of Congenital Anomalies,” Journal of the American Medical Association, February 11, 2009. British researchers looked at 1,944 potential articles, ultimately including 39 articles in the systematic review and 18 in the meta-analysis. The results indicated that the children of obese women had double the risk of spina bifida and nearly twice the risk of other neural tube defects, as well as increased chances of heart defects, cleft palate, and problems with limb growth. “Maternal obesity is associated with an increased risk of a range of structural abnormalities, although the absolute increase is…
A recent study has claimed that processed and fast foods containing phosphorus may constitute a “hidden” danger to people seeking to limit their intake of the substance, which can cause heart disease, bone disease and death in patients with advanced renal disease. Catherine Sullivan, et al., “Effect of Food Additives on Hyperphosphatemia Among Patients With End-stage Renal Disease,” Journal of the American Medical Association, February 11, 2009. Phosphorus occurs naturally in meats, dairy products, whole grains, and nuts, but food manufacturers also use sodium phosphate and pyrophosphate to enhance the shelf life and flavor of some products. Researchers from the MetroHealth Medical Center and Case Western Reserve University School of Medicine followed 279 dialysis patients with advanced kidney disease and high blood phosphorus levels exceeding 5.5 milligrams per deciliter. Those in a control group received standard dietary instructions, while the intervention group also avoided additive-containing foods purchased in grocery stores and…
European animal advocates and some European Commission (EC) members recently attended a Conference on Global Trade and Farm Animal Welfare in Brussels, Belgium, where they reportedly called on legislators to include animal welfare provisions in all global trade agreements. In particular, EC members noted that animal welfare restrictions have driven up the cost of meat production in Europe, making it more economical to import these products. They thus urged Europe to demand equivalency standards in international trade agreements similar to those already in place for biotechnology. The National Cattlemen’s Beef Association’s chief veterinarian, Elizabeth Parker, noted that Europe bases its welfare standards on non-scientific factors, pointing to the practice of using “Eurobarometer” surveys to craft policies in line with public opinion. “The ultimate goal is to make sure we take care of our animals and produce safe and affordable beef supply and we do that,” stated Parker in an interview…
General Mills has announced that as of August 2009, its Yoplait® products will no longer contain milk produced by cows treated with synthetic growth hormone (rBST or rBGH). Although the artificial hormone increases a cow’s milk production by one gallon per day, its use has drawn criticism from environmental and consumer advocates who fear the hormone could adversely affect human health. Its use is supported by the U.S. Department of Agriculture, but banned in Canada, Australia, Japan, and other nations in part because of its purported impact on bovine health. “While the safety of milk from cows treated with rBST is not at issue, our consumers were expressing a preference for milk from cows not treated with rBST, and we responded,” a General Mills spokesperson was quoted as saying. See The Star Tribune, February 9, 2009; Food & Water Watch Blog, February 10, 2009.
The Pew Environment Group has released documents obtained through a Freedom of Information Act request showing that the U.S. Food and Drug Administration (FDA) faulted three Chilean salmon farming companies, “including the two largest producers of farmed salmon,” for using a number of drugs not approved by the U.S. government. FDA inspections apparently uncovered use of the antibiotics flumequine and oxolinic acid and the pesticide emamectin benzoate, as well as trace residues in products intended for the U.S. consumers. The agency then informed the Chilean companies that, “if the drug is not listed in the approved drug list . . . they are not allowed to use the drug to treat salmon destined for distribution in the U.S., not even if they meet withdrawal periods and no tissue residue can be detected.” The Pew Environment Group applauded the FDA stance, but urged the agency to enforce its standards abroad. “Standards and…
The American Bar Association’s Litigation Section sponsored a “Hot Topics in Food Law” program via the Web and telephone on February 10, 2009. Speakers included in-house counsel for a large food manufacturing company, a Grocery Manufacturers Association (GMA) representative and Stephen Gardner, the director of litigation for the Center for Science in the Public Interest (CSPI). They focused on the most recent “ingredient-driven” foodborne contamination outbreaks, including pet food and infant formula containing melamine and peanut butter products tainted with Salmonella. In light of such incidents, the speakers emphasized that food companies must carefully manage their supply chains through independent, reliable audits and the establishment and communication of clear, achievable food safety standards. After the recent peanut butter recall, companies will likely focus on company-to-company tracing issues. A speaker representing the outside counsel perspective focused on bisphenol A and discussed recent initiatives to ban it in Canada and list it…
Video footage of former Aviagen Turkeys, Inc. employees allegedly abusing birds has reportedly led to criminal indictments for animal abuse. The People for the Ethical Treatment of Animals (PETA) apparently caught three turkey farm employees in the act, and 19 counts, including 11 felony charges, for cruelty to birds have been brought against them. Alabama-based Aviagen Turkeys reportedly fired all three workers for violating company policy. They could face significant jail time and fines if convicted. See meatingplace.com, February 9, 2009.
A federal inspector who alleged that he was injured after coming into contact with an air compression machine used to harvest pig brains in a pork processing plant has apparently agreed to dismiss his claims. Kinney v. Hormel Foods & Quality Pork Processors, No. __ (Third Jud. Dist., Minn., claimed filed January 2009). Dale Kinney, a U.S. Department of Agriculture inspector, reportedly sought $50,000 in damages for injury allegedly caused by his proximity to a machine that has purportedly been linked to neurological illness in some employees. According to a news source, a state court judge entered an order dismissing the suit with prejudice. A Hormel spokesperson reportedly said, “We were pleased to receive notification that the plaintiff offered to drop the suit and that the case was dismissed.” See Meatingplace.com, February 9, 2009.
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