GMA will conduct a conference in Austin, Texas, February 23-25, 2010, titled “2010 Food Claims & Litigation Conference: Emerging Issues in Food-Related Litigation.” Among those scheduled to speak are Shook, Hardy & Bacon Partners Amy Crouch, Greg Fowler, Paul La Scala, and Frank Rothrock. Crouch and Fowler will discuss “Trends in Global Food Litigation: Class Actions and Collective Redress,” while La Scala and Rothrock will focus on “Mass Tort 911: The Company’s Been Sued! Now What.” Shook, Hardy & Bacon is among the firms sponsoring the conference, which is intended to give those in the food industry practical “how-to” product litigation management strategies.
Category Archives Issue 322
A new study claims that prenatal exposure to bisphenol A (BPA) may make girls more aggressive and exhibit hyperactive behavior. Joe M. Braun, et al., “Prenatal Bisphenol A Exposure and Early Childhood Behavior,” Environmental Health Perspectives (October 2009). Researchers at the University of North Carolina and British Columbia’s Simon Fraser University conducted the study, purportedly believed to be the first to link prenatal BPA exposure to behavioral problems in children, by measuring BPA levels in urine samples of 249 pregnant women in Cincinnati, Ohio, at 16 and 26 weeks of pregnancy, and again at birth. The children were assessed for behavioral problems when they reached age 2 through questionnaires completed by their parents. Researchers claim BPA exposure between 13 and 16 weeks of pregnancy was most strongly associated with behavioral problems in girls, although boys were apparently also affected. “The girls showed a definite difference in temperaments,” said one of the…
Rachel Maddow brought Rick Berman to her MSNBC-TV program on October 6, 2009, to find out how he funds the websites and other public relations initiatives he undertakes to challenge the science on issues ranging from trans fats and mercury in fish to high-fructose corn syrup. Berman claimed that his practice of nondisclosure, which is legal, is no different from what other groups do, no matter where they lie on the political spectrum. He contended that the information he posts on websites such as MercuryFacts. com or FishScam.com is based on science. Maddow, however, pointed out that one of his research directors, who provided written testimony to the Food and Drug Administration challenging studies purportedly showing a link between sweetened beverages and childhood obesity, has a degree in music and once produced a talk radio program.
One hundred three years after Upton Sinclair published his meatpacking industry exposé, The New York Times has published an article explaining how current food safety standards may be responsible for the 16 E. coli-tainted beef outbreaks that have occurred over the past three years. Revealing how failure to test all the scraps and trimmings and “mash-like product” in hamburger patties in 2007 purportedly led to a 22-year-old dance instructor’s illness and subsequent paralysis, the article “shows why eating ground beef is still a gamble.” Apparently, no federal rules require grinders to test their ingredients for the pathogen, and processors sample assembled products rather than individual shipments from slaughterhouses, making it difficult to trace the source of contamination. Parts of the article were reportedly read on the floor of House, and its revelations prompted a response from the U.S. Department of Agriculture and the company that made the beef patties the…
The National Chicken Council and several other industry groups have signed a letter to the Office of the U.S. Trade Representative, requesting the initiation of a World Trade Organization (WTO) dispute settlement panel to re-establish poultry exports to Europe. According to the letter, the European Union prohibits four antimicrobials commonly applied in the United States to reduce pathogens on processed poultry. The trade groups have reportedly estimated that U.S. poultry exports could exceed $300 million if EU regulators permitted the in plant use of chlorine dioxide, trisodium phosphate, acidified sodium chlorite and peracetic acid in products destined for the European market. “[T]he United States should continue to pursue with the European Union resolution of the issue,” stated the letter, which concluded that “it would be most appropriate to take the issue to the next step in the WTO dispute settlement process.” See NCC News Release, October 1, 2009; Law360, October 2,…
More than 40 retailers, non-governmental organizations, and food and beverage manufacturers have launched a national initiative to reduce obesity in the United States by 2015, especially among children. The Healthy Weight Commitment Foundation aims to provide tools to help people achieve healthy weights through “energy balance—calories in balance with calories out” in three areas where they spend the most time: the marketplace, workplace and schools. Founding members have committed $20 million to the endeavor, which will be independently monitored by organizations that will produce public reports about their findings. The Robert Wood Johnson Foundation (RWJF) will monitor the marketplace component; the National Business Group on Health will assess workplace efforts; and the Center for Weight and Health at the University of California, Berkeley will audit schools. “If current trends continue, today’s young people may be the first generation in American history to live sicker and die younger than their parents’…
Venture capitalist and physician Mitchell Blutt, writing for Forbes.com, suggests that the rising cost of health care will lead inexorably to the stigmatization of unhealthy foods as the “new tobacco.” According to Blutt, unhealthy food will one day be “publicly identified as an addictive problem and perhaps even some day, deemed a drug.” He believes that government will likely impose taxes on unhealthy foods and beverages, described as those high in calories, such as soft drinks and snacks. He calls the “scientific data demonstrating the health hazards of excessively sugared beverages in children” compelling. But, while he acknowledges that “sin taxes” will reduce consumption of unhealthy foods, he does not believe that these trends will reduce the chronic diseases associated with obesity and poor diet. “That’s generations off,” he concludes. See Forbes.com, October 6, 2009.
Canada’s government has reportedly asked the World Trade Organization (WTO) to establish a dispute settlement panel to hear its claims that U.S. country-of-origin labeling requirements for meat have unfairly reduced demand for Canadian products. U.S. Agriculture Secretary Tom Vilsack and Trade Representative Ron Kirk responded to the request by stating, “We regret that formal consultations have not been successful in resolving Canada’s concerns over country of origin labeling (COOL) required by the 2008 Farm Bill for certain agricultural products. We believe that our implementation of COOL provides information to consumers in a manner consistent with our World Trade Organization commitments.” Apparently, Canada was able to gain some concessions on the matter from the Bush administration, but regulations adopted after President Barack Obama (D) took office did not provide the flexibility Canadian producers were evidently seeking. Canada’s minister of international trade was quoted as saying, “The U.S. COOL requirements are so…
A federal court in California has dismissed without prejudice putative class claims that Nature Valley granola bars were fraudulently promoted as “100% Natural” while containing purportedly non-natural ingredients such as high-fructose corn syrup (HFCS). Wright v. General Mills, Inc., No. 08-1532 (S.D. Cal., decided September 30, 2009). The court refused to dismiss the claims as preempted under federal law or under the primary jurisdiction doctrine, which allows courts to stay or dismiss litigation “pending the resolution of an issue within the special competence of an administrative agency.” The dismissal was based instead on the plaintiff’s failure to plead her claims with sufficient specificity under recent U.S. Supreme Court rulings that have, according to the court, dramatically changed the federal courts’ notice-pleading standard. The court determined that the first amended complaint (FAC) “is based on little more than conclusory and speculative factual content . . . Plaintiff argues that her FAC alleges…
The Federal Trade Commission (FTC) has updated its guidelines on product endorsements and testimonials to include those who use social media, such as blogs, Facebook® and Twitter®, to promote products in exchange for payment or free products. The guidelines, effective December 1, 2009, could result in penalties of $11,000 if violated and will require disclosures of commercial relationships. Even individuals submitting reviews to online stores, such as Amazon.com, will be covered by the new guidelines. Under another change to the guidelines, advertisers will no longer be able to use the safe-harbor disclaimer, “Results not typical,” but will instead be required to “clearly disclose the results that consumers can generally expect,” if they make a claim about consumer experience with a product or service as typical when this is not the case. According to FTC, “The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal…
