A study of microbial contamination in soda fountains within a 22-mile radius of Roanoke, Virginia, claims that nearly one-half of them harbored “coliform bacteria” that could contain fecal matter. Amy S. White, et al., “Beverages obtained from soda fountain machines in the U.S. contain microorganisms, including bacteria,” International Journal of Food Microbiology, January 2010. Researchers studied 90 beverages of three types (sugar sodas, diet sodas and water) from 30 soda fountains (both self-service and staff-operated) to analyze and evaluate microorganisms with respect to U.S. drinking water regulations. They found that 48 percent of the beverages harbored coliform bacteria, 11 percent contained E. coli and 17 percent had Chryseobacterium meningosepticum. The authors speculated that the contamination could have come from “dispensing with a hand that wasn’t clean or using wet rags to wipe down the machine.” “These findings suggest that soda fountain machines may harbor persistent communities of potentially pathogenic microorganisms which may contribute to…
Category Archives Issue 333
Two recent studies have reportedly suggested that obesity rates in America have remained constant for at least five years among men and closer to 10 years for women and children. Using data obtained from the Centers for Disease Control and Prevention’s (CDC’s) National Health and Nutrition Examination Survey (NHANES), researchers concluded that although approximately 32 percent of men and 35 percent of women are obese, “the increases in the prevalence of obesity previously observed do not appear to be continuing at the same rate over the past 10 years, particularly for women and possibly for men.” In addition, a separate study apparently found a similar plateau in obesity rates for children. “Right now we’ve halted the progress of the obesity epidemic,” William Dietz, CDC’s Director of Nutrition, Physical Activity and Obesity, was quoted as saying. “The data are really promising. That said, I don’t think we have in place the kind…
A recent study has claimed that “higher urinary concentrations of bisphenol A [BPA] are associated with an increased prevalence of coronary heart disease.” David Melzer, et al., “Association of Urinary Bisphenol A Concentration with Heart Disease: Evidence from NHANES 2003/06,” PLoS ONE, January 2010. Using data from the National Health and Nutrition Examination Survey (NHANES) 2003/04 and 2005/06, researchers examined the urinary BPA concentrations of participants aged 18-74 years, “representative of the general adult population of the United States.” According to the authors, “Associations have previously been reported between urinary BPA concentrations and heart disease, diabetes and liver enzymes in adults participants of [NHANES] 2003/04.” The 2005/06 NHANES data purportedly confirmed that “higher BPA exposure, reflected in higher urinary concentrations of BPA, is consistently associated with reported heart disease in the general adult population of the USA.” The study noted, however, that “Associations between urinary BPA concentrations and diabetes or…
The Canadian government has announced a January 20, 1010, webcast titled “Health Claims in Canada: An Update on Function Claims and Probiotic Claims for Food.” Presented by Agriculture and Agri-Food Canada, Health Canada and the Canadian Food Inspection Agency (CFIA), the Webcast will (i) “provide an update on the development of a modernized framework for health claims for food and the future directions for managing health claims”; (ii) “present new guidance on function claims and probiotic claims, and the requirements for scientific evidence to validate claims” and (iii) provide insights into CFIA’s enforcement approach.
Shook, Hardy & Bacon Of Counsel Jim Andreasen has co-authored an article providing an update on the American National Standards Institute’s (ANSI’s) draft national standard for sustainable agriculture. The article appears in the January 2010 issue of the American Bar Association’s (ABA’s) Agricultural Management Committee Newsletter. This committee is part of the ABA’s Section of Environment, Energy, and Resources. The article outlines the draft standard’s development to date and the potential impact it could have once finalized. According to the article, the draft “as initially proposed would promote a non-GMO [genetically modified organism], organic, and fair trade (i.e., fair labor) standard for agriculture that exceeds nearly all existing organic and nonorganic practices in U.S. agriculture.” The draft has undergone a number of changes, including a narrowing of its scope, since its introduction, and the committee working to develop it has expanded to include some industry interests. The article also discusses…
A California court of appeal recently determined that the Federal Meat Inspection Act (FMIA) preempts point-of-sale or other warning labels on meat products under Proposition 65 (Prop. 65). Am. Meat Inst. v. Leeman, No. D053325 (Cal. Ct. App., decided December 22, 2009). In 2004, Whitney Leeman notified a number of meat processors and retailers in California that she intended to file a citizen suit against them alleging violations of Prop. 65 for their failure to provide warnings that their beef products contained dioxins and PCBs, chemicals known to the state to cause cancer or reproductive toxicity. The companies’ trade association filed a complaint seeking declaratory relief, and the trial court, finding implied, but not express, federal preemption, granted the association’s motion for summary judgment. The court of appeal focused for the most part on defining “labeling,” because Leeman argued that point-of-sale warnings do not constitute labeling under the FMIA, which contains…
Multidistrict litigation (MDL) plaintiffs who challenged claims that Tyson products were made from “chickens raised without antibiotics” have sought approval of a settlement reached with the company. In re: Tyson Foods Inc., Chicken Raised Without Antibiotics Consumer Litigation, MDL No. 1982 (D. Md., motion filed January 12, 2010). Under the terms of the settlement, Tyson will pay up to $5 million to three tiers of plaintiffs: those who can provide receipts (they can recover up to $50); those who can estimate how much they spent on the products, how often they purchased them and where the purchases were made (they can recover up to $10) and those who simply claim they purchased the product at least once and submit a claim for a $5 coupon instead of cash. Four named plaintiffs in the suits consolidated before the MDL court for pre-trial proceedings and four class members who were deposed will receive…
A federal court has certified class claims against General Mills alleging that the company’s advertising for its premium-priced Yo-Plus® yogurt violates the Florida Deceptive and Unfair Trade Practices Act because the product does not provide any digestive health benefits that cannot be obtained from eating normal yogurt. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., decided January 11, 2010). The named plaintiff claimed that the company’s ads and promotional materials convinced her to try the product and that she consumed it on a regular basis for about a year. She claimed that her digestive health was the same before, during and after eating Yo-Plus® and thus, the company’s claims for digestive health benefits beyond those provided by normal yogurt are false, misleading and likely to deceive the public. She also alleged breach of express warranty and sought to certify a class of “[a]ll persons who purchased YoPlus in the State…
The First Circuit Court of Appeals has upheld an injunction against the enforcement of a Massachusetts law that regulated wine shipments in a manner that changed “the competitive balance between in-state and out-of-state wineries in a way that benefits Massachusetts wineries and significantly burdens out-of-state wineries.” Family Winemakers of Cal. v. Jenkins, No. 09-1169 (1st Cir., decided January 14, 2010). The statute at issue gave small wineries (those producing 30,000 gallons or less of grape wine annually) the most options for selling to consumers, either by direct shipment or through wholesalers and retailers. According to the court, most Massachusetts wineries are small wineries. Large wineries could sell either through wholesalers or by applying for a special license to ship directly to consumers; they could not do both. Apparently, Massachusetts has no large wineries. A group of California wineries and Massachusetts residents challenged the law, claiming it violated the Commerce Clause by effectively…
The American Meat Institute (AMI) has apparently submitted comments to the Office of U.S. Trade Representative contending that country of-origin labeling (COOL) requirements violate U.S. international trade obligations. According to AMI, the nation’s “credibility is undermined when U.S. legislation violates America’s commitments” under international agreements. AMI claims that the COOL requirements “are not consistent with U.S. obligations” under World Trade Organization (WTO) and North American Free Trade Agreement obligations or the General Agreement on Tariffs and Trade. The organization apparently characterizes COOL as “de facto discrimination against foreign products, a result even contemplated by sponsors of the legislation who declared that it would be ‘helpful to a lot of American agricultural producers’ and force companies to rely ‘on our independent producers here in this country.’” Canada and Mexico have asked the WTO to rule on the legality of the COOL law. See AMI Press Release, January 8, 2010; meatingplace.com, January 11,…
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