According to researchers from Denmark and Greece, some juice drinks obtained from markets in the European Union (EU) contain levels of antimony, a suspected carcinogen related to arsenic, above EU drinking water limits. Claus Hansen, et al., “Elevated antimony concentrations in commercial juices,” Journal of Environmental Monitoring, February 17, 2010. According to the article, “Antimony concentrations up to a factor of 2.7 above the EU limit for drinking water were found in commercial juices and may either be leached from the packaging material or introduced during manufacturing, pointing out the need for further research.” The researchers reportedly tested antimony levels in 42 different beverages, primarily red fruit juices, produced in the United Kingdom and sold in polyethylene terephthalate (PET) bottles or Tetra Pak® cartons. They apparently found antimony above established safe levels in eight of them. Lead researcher Claus Hansen noted that while the levels exceeded drinking water limits, because “no antimony…
Category Archives Issue 340
A recent study has reportedly claimed that “nationally representative surveys of food intake in U.S. children show large increases in snacking between the 1989-91 to 1994-98 and 1994-98 to 2003-06 periods.” Carmen Piernas and Barry Popkin, “Trends in Snacking Among U.S. Children,” Health Affairs, March 2010. Researchers apparently examined the responses of 31,337 children ages 2 to 18 who participated in four federal food surveys, concluding that this population’s average dietary intake has risen by 113 calories per day. In addition, the study reports, “Childhood snacking trends are moving toward three snacks per day, and more than 27 percent of children’s daily calories are coming from snacks. The researchers further noted that while “desserts and sweetened beverages remain the major sources of calories from snacks,” calories from salty snack foods more than doubled between 1977 and 2006. “Our findings suggest that children ages 2–18 are experiencing important increases in snacking…
A recent study has apparently concluded that industry efforts to reduce mean sodium intake by 9.5 percent could avert “513,885 strokes and 480,358 MIs [myocardial infarctions] over the lifetime of adults aged 40 to 85 years who are alive today compared with the status quo, increasing QALYs [quality-adjusted life-years] by 2.1 million and saving $32.1 billion in medical costs.” Crystal Smith-Spangler, et al., “Population Strategies to Decrease Sodium Intake and the Burden of Cardiovascular Disease: A Cost-Effectiveness Analysis,” Annals of Internal Medicine, March 1, 2010. By comparison, a sodium tax of 40 percent would achieve only a 6 percent reduction in salt intake, averting 327,892 strokes and 306,173 MIs, increasing QALYs by 1.3 million and saving $22.4 billion over the same period. Researchers specifically assessed the cost-effectiveness of two population strategies to reduce sodium intake: “government collaboration with food manufacturers to voluntarily cut sodium in processed foods, modeled on the…
The Pew Charitable Trusts’ Produce Safety Project (PSP) recently published a cost analysis claiming that health-related expenditures for foodborne illness far exceed the U.S. Department of Agriculture’s estimate of $6.9 billion annually. Authored by former Food and Drug Administration (FDA) economist Robert Scharff, the report concludes that the United States spends $152 billion per year on foodborne illnesses from all sources. The study also notes that these numbers cover health-related costs only and thus represent “a lower bound estimate of the total societal costs,” including costs to industry and government. “Even when pain and suffering losses from acute illnesses are not included, the cost to society is $103 billion,” maintains the report, which used FDA methods to determine the costs of physician services, pharmaceuticals, and hospital visits related to foodborne illnesses, as well as quality of life losses such as lost life expectancy, pain and suffering, and functional disability. Intended…
Yale University’s Rudd Center for Food Policy and Obesity has published a study alleging that the “number of products with youth-oriented cross-promotions increased by 78 percent” between 2006 and 2008. Jennifer Harris, et al., “Marketing foods to children and adolescents: licensed characters and other promotions on packaged foods in the supermarket,” Public Health Nutrition, March 2010. After examining 397 products gathered on three separate occasions from one large U.S. supermarket, researchers reported that (i) “71% of cross-promotions involved third-party licensed characters”; (ii) “57% appealed primarily to children under 12 years of age”; (iii) “the use of other forms of promotion increased from 5% of the total in 2006 to 53% in 2008”; and (iv) “promotions targeting pre-school and general audiences increased from 23% to 54% of the total.” In addition, they wrote, “Only 18% of products met accepted nutrition standards for foods sold to youth, and nutritional quality declined during…
A putative class action has been filed in a Washington state court by plaintiffs claiming that L’il Critters Omega-3 Gummy Fish® are deceptively marketed as products that will “Promote Healthy Brain Function” in children. Aust v. NW Natural Prods., Inc., No. 10-07949 (Wash. Super. Ct., King Cty., filed February 23, 2010). In fall 2009, the Federal Trade Commission (FTC) warned the defendant that its claims may violate federal false advertising laws, and the company modified its marketing materials. Additional information about the FTC’s actions on products with omega-3 related claims appears in issue 338 of this Update. Seeking to represent a class of all Washington residents who have purchased the company’s omega-3 gummy fish products, the plaintiffs allege violations of Washington’s consumer protection act, breach of warranties, conversion and unjust enrichment. They seek a class certification order, a declaration that the company’s conduct was unlawful, actual damages, statutory damages including treble…
Three advocacy organizations have sued Department of the Interior Secretary Ken Salazar and the U.S. Fish & Wildlife Service (FWS), charging them with violations of the National Environmental Policy Act (NEPA) for failing to prepare an environmental impact statement (EIS) before entering into contracts that allow farmers to cultivate genetically engineered (GE) crops at the Bombay Hook refuge in Delaware. Delaware Audubon Soc’y v. Salazar, No. 99-9999 (D. Del., filed March 1, 2010). The refuge reportedly spans 16,000 acres of mainly tidal marshes that provide habitat for many waterfowl species that attract birdwatchers. Claiming that GE crops harm the environment by increasing the use of herbicides with adverse effects on soil, water, amphibians, and birds, and with the development of “superweeds” resistant to certain herbicide ingredients, the plaintiffs allege that defendants have repeatedly ignored legal obligations under NEPA to provide an environmental assessment or an EIS. The refuge has leased some…
A federal court in Kentucky has determined as a matter of law that a company which tested, developed and approved paper packaging for customers buying KFC Popcorn chicken breached its contract because the containers caught fire while being microwaved. KFC U.S. Props., Inc. v. Paris Packaging, Inc., No. 09-00249 (W.D. Ky., decided February 25, 2010). So ruling, the court granted KFC’s motion for partial summary judgment. Additional details about the lawsuit appear in issue 299 of this Update. According to the court, the parties’ contract specified that the packaging company would be responsible for ensuring the product was safe regardless of any standards, specifications or other information KFC provided. Because it was reasonably foreseeable that customers would microwave their KFC chicken in the paper box in which they took it home, the court held that the defendant breached its contract by providing unsafe packaging that was unfit for its intended…
Food Standards Australia and New Zealand (FSANZ) has lifted a nine-year ban on imported beef and beef products, implementing a new policy that requires export countries to undergo a risk assessment for bovine spongiform encephalopathy (BSE). According to FSANZ, “certain beef and beef products may be imported from countries that apply and are assessed by Australian authorities as being able to demonstrate they have in place, and appropriately monitor, controls necessary to ensure that beef and beef products exported to Australia are derived from animals free of BSE.” Australian regulators will also conduct in-country inspections when warranted. The policy uses the BSE risk assessment methodology developed by the World Organization for Animal Health to determine the BSE risk status of a cattle population and to assess whether the beef and beef products from a country represent a health risk. These restrictions currently cover meat, bone and offal from cattle, bison…
The European Commission (EC) has reportedly approved for the first time in 12 years a genetically modified (GM) crop to be grown solely for industrial or animal feed purposes in the European Union. EU Commissioner for Health and Consumer Policy John Dalli told reporters that the GM Amflora potato produced by the German company BASF could be planted in Europe as soon as April 2010. The potato is purportedly engineered to be unusually rich in a starch suitable for making glossy paper and other products as well as for feeding animals. Some EU member states, however, reportedly oppose the certification, claiming that the biotech potato could pose health risks to humans if its antibiotic-resistant gene enters the food chain when livestock is fed its industrial pulp or harm the environment if its seeds accidentally spread. “Not only are we against this decision, but we want to underscore that we will not…
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