Category Archives Issue 294

Two recent studies have reportedly examined the impact of location on the accessibility and quality of healthy food. Manuel Franco, et al., “Availability of Health Foods and Dietary Patterns: The Multi-Ethnic Study of Atherosclerosis,” American Journal of Clinical Nutrition, March 2009. Manuel Franco, et al., “Neighborhood Characteristics and Availability of Healthy Foods in Baltimore,” American Journal of Preventative Medicine, December 2008. Researchers with the Johns Hopkins Bloomberg School of Public Health, the University of Texas, and the University of Michigan apparently found that approximately 46 percent of lower-income neighborhoods in Baltimore City and Baltimore County, Maryland, had a low availability of fresh fruits and vegetables, skim milk, and whole wheat bread. The studies relied on information gleaned from 759 participants in the Multi-Ethnic Study of Atherosclerosis (MESA) and a systematic survey of 159 neighborhoods and 226 neighborhood stores in the Baltimore area. “Previous studies have suggested that race and income are…

Relying on the DSM-IV criteria for substance dependence and other substance use disorders, researchers have hypothesized that the over-consumption of refined foods can be described as an addiction that “could account for the global epidemic of obesity and other metabolic disorders.” J.R. Ifland, et al., “Refined Food Addiction: A Classic Substance Use Disorder,” Medical Hypotheses (2009). They match the statements obtained from obese people involved in a clinical observation study with substance dependence criteria such as progressive use over time, withdrawal symptoms, use more than intended, and tried to cut back, and show how “reports from self-identified food addicts seem to comprise behaviors that conform to the DSM-IV criteria. The pathology of behavior and the elements of loss control and distress that are prevalent in other addictions also appear in this qualitative data.” While calling for further empirical research, the article also cites animal research and obesity literature as additional…

A new study from the Connecticut Department of Health has challenged a recent Food and Drug Administration (FDA) draft assessment weighing the benefits of fish consumption against the risks associated with mercury exposure. Gary L. Ginsberg and Brian F. Toal, “Quantitative Approach for Incorporating Methylmercury Risks and Omega-3 Fatty Acid Benefits in Developing Species-Specific Fish Consumption Advice,” Environmental Health Perspectives, February 2009. FDA had concluded that consumers may derive greater benefits from the lean protein, omega-3 oils and minerals in fish if they exceed the current safety threshold set at 12 ounces of fish per week. But the Environmental Protection Agency (EPA) and other groups have since criticized this assessment for “serious scientific flaws,” urging consumers to abide by the safety standards currently recommended by both agencies. Meanwhile, the Connecticut Department of Health study has expanded on the FDA study by identifying some fish species, such as swordfish and shark,…

This article explores recent nanotechnology innovations designed to “extend food shelf life, add health benefits, impact flavor or even signal bacteria contamination,” likening current public concern to the mishandled controversy over genetically modified crops. According to the article, “the top ten reasons why we should continue the conversation about using nanotechnology in food” include cutting-edge devices that could (i) signal contamination; (ii) provide antimicrobial packaging; (iii) improve food storage; (iv) enhance nutrient delivery; (v) produce environmentally friendly products; (vi) reduce pesticide use; (vii) track brands and products; (viii) improve texture; (ix) boost flavor profiles; and (x) identify and eliminate bacteria. The article also suggests greater transparency in research and development to assuage any consumer trepidation about nanoparticles in food. “The security intended to deter competitors from stealing ideas can also make identifying potential harm more difficult for the regulatory agencies trying to manage risks and create law for this emerging…

The Wall Street Journal reports that scientists in New Zealand are studying ways to keep sheep and other ruminants from belching methane when they eat and regurgitate grass. Methane is apparently a significant contributor to greenhouse gases, and researchers currently believe that livestock is more responsible for greenhouse gas emissions than cars. Among the approaches being considered to reduce belching incidence is to change the animals’ diets, feed them various chemicals or even breed new sheep. A livestock expert from Massey University reportedly acknowledged that “[a] lot of people think we’re insane,” but as awareness of the problem has grown, governments around the world are looking for ways to address it. Farmers, reportedly skeptical of environmental concerns, worry that regulatory agencies will eventually tax “bovine belches,” and face activist campaigns to decrease meat consumption in the name of slowing climate change. See The Wall Street Journal, February 26, 2008.

The district court judge to whom this obesity-related litigation was reassigned in 2008 has dismissed motions to compel filed by plaintiffs and defendants, but has given the parties leave to renew after the court rules on motions for class certification. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., filed Sept. 30, 2002). Judge Robert Sweet recused himself from the proceedings following the pre-trial conference, held April 9, 2008, and the matter was reassigned to Judge Sidney Stein in May. The plaintiffs, a putative class of obese and overweight teens, alleged that the fast-food company misled them with deceptive ads. They are seeking damages for obesity-related health problems. Information about the lawsuit has periodically appeared in this Update since it was filed in 2002. It has been appealed twice to the Second Circuit Court of Appeals, its issues have been narrowed, and it has been followed closely by consumer advocates and the food…

ConAgra Foods, Inc. has reportedly filed a lawsuit against its umbrella insurer, seeking coverage for the claims that were filed by people who alleged injury from a Salmonella outbreak in 2007 linked to the company’s Sylvester, Georgia, peanut butter processing facility. ConAgra Foods, Inc. v. Lexington Ins. Co., No. 09C-02-170 (Del. Super Ct., New Castle Cty., filed February 19, 2009). The complaint alleges that Lexington Insurance Co. has failed to pay for any of the 2,400 claims settled or resolved to date. ConAgra reportedly anticipates an additional 20,000 cases from the outbreak. According to a news source, the company is seeking a declaratory judgment, compensatory and punitive damages, interest, and attorney’s fees. See Product Liability Law 360, February 24, 2009.

Aurora Dairy Corp., which is defending multidistrict litigation involving putative class claims that it sold its products as “organic” without following national organic program standards, has sued one of its insurance carriers in federal court seeking a declaration that the insurer has wrongly failed to provide defense coverage. Aurora Dairy Corp. v. Nationwide Agribusiness Ins. Co., No. 09-00346 (D. Colo., filed February 19, 2009). According to the complaint, “Aurora has been named in thirteen consumer class actions filed in the courts of six different states.” The claimants in those lawsuits allege a variety of causes of action including “that the milk provided by Aurora that they purchased allegedly exposed them, their families and their friends to pesticides, hormones, antibodies, and other chemicals and/or has generally caused them injury or damage.” Additional details about the underlying lawsuits appear in issues 251, 279 and 286 of this Update. Aurora claims that it has…

German authorities have reportedly asked the European Food Safety Authority (EFSA) to provide a risk assessment for 4-methylbenzophenone, a food packaging chemical similar to benzophenone and hydroxybenzophenone that both have a tolerable daily intake (TDI) of 0.01 mg/kilogram of body weight. Officials alerted EFSA through the Rapid Alert System for Food and Feed after a customer identified the common photo-inhibitor in a chocolate crunch muesli product at levels approaching 798 µm/kilogram parts per billion (ppb). The European Commission has also requested a reevaluation of the TDI set for the two related chemicals. EFSA anticipates that it will publish its assessment of 4-methylbenzophenone by March 3, 2009, with an opinion on other food contact materials, enzymes, flavorings and processing aids expected by the end of May. See FoodProductionDaily.com, February 24, 2009.

Health Canada has recommended adding acrylamide to the country’s list of toxic substances. The chemical is produced when sugars and an amino acid in starchy foods are cooked at high temperatures, causing a reaction called the Maillard effect. Acrylamide has been detected in breakfast cereals, pastries, cookies, breads and rolls, coffee, and potato products such as French fries and potato chips. The chemical’s presence at high levels in carbohydrate-rich foods was discovered in 2002 by the Swedish food safety authorities. It has apparently been found to cause cancer in laboratory rats. According to a notice published in the February 21, 2009, Canada Gazette, current consumption levels “may constitute a danger in Canada to human life or health.” Comments on the recommendation must be submitted by April 22. See Globe and Mail, February 21, 2009; Foodnavigator-usa.com, February 26, 2009. Meanwhile, research recently published in the American Journal of Epidemiology reportedly shows that…

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