A January 25, 2011, commentary in the Journal of the American Medical Association (JAMA) has claimed that “regular (nonalcoholic) energy drinks might pose just as great a threat to individual and public health and safety” as the alcoholic versions recently barred by the Food and Drug Administration (FDA) and Federal Trade Commission (FTC). According to authors Amelia Arria and Mary Claire O’Brien, “health professionals should inform their patients of the risks associated with the use of highly caffeinated energy drinks; the public should educate themselves about the risks of energy drink use, in particular the danger associated with mixing energy drinks and alcohol; and the alcohol and energy drink industries should voluntarily and actively caution consumers against mixing energy drinks with alcohol, both on their product labels and in their advertising materials.” Calling for increased regulation, the article focuses on research suggesting that the caffeine in energy drinks could cause “adverse health…
Category Archives Issue 379
“Each year, federal inspectors find illegal levels of antibiotics in hundreds of older dairy cows bound for the slaughterhouse,” opens this article about the Food and Drug Administration’s (FDA’s) recent decision to begin testing milk from farms “that had repeatedly sold cows tainted by drug residue.” Concerned that “the same poor management practices which led to the meat residues may also result in drug residues in milk,” FDA evidently singled out approximately 900 dairy farms for testing that would include “two dozen antibiotics beyond the six that are typically tested for.” The new protocol also covered flunixin, “a painkiller and anti-inflammatory drug popular on dairy farms . . . which often shows up in the slaughterhouse testing.” Although the plan reportedly drew support from consumer advocates like the Center for Science in the Public Interest, it prompted a backlash from dairy farmers and state regulators who objected to the week-long…
The Center for Science in the Public Interest (CSPI) has released a report claiming that antibiotics used on farms “may be causing more serious pathogens in the nation’s food supply.” Calling for increased scrutiny by the federal government, the January 25, 2011, report asserts that recording outbreaks of foodborne illnesses and subsequently testing the pathogens for antibiotic resistance “is a critical step if policymakers are to document the link between antibiotic use on farm animals and human illness from antibiotic-resistant bacteria.” The consumer watchdog found that between 2000 and 2009, multi-drug resistance was found in 10 out of 14 antibiotic-resistant foodborne outbreaks. Of 35 documented outbreaks between 1973 and 2009, most involved raw milk, raw milk cheeses and ground beef. “Outbreaks from antibiotic-resistant strains of Salmonella, though rare, cannot be ignored by our food safety regulators,” said CSPI Food Safety Director Caroline Smith DeWaal. “The problem has clearly emerged with respect…
The Grocery Manufacturers Association (GMA) and the Food Marketing Institute (FMI) have introduced a new front-of-pack (FOP) labeling system in response to first lady Michelle Obama’s campaign for clearer consumer information. According to a January 24, 2011, press release, the Nutrition Keys initiative summarizes important information “from the Nutrition Facts panel in a clear, simple and easy-to-use format” that adheres “to current U.S. Food and Drug Administration [FDA] guidelines and regulations.” The FOP label features four basic icons for calories, saturated fat, sodium, and sugars, as well as optional “nutrients to encourage” icons indicating that the product meets FDA “good source” requirements and contains more than 10 percent of the daily value per serving for protein and the following under-consumed nutrients: potassium, fiber, vitamin A, vitamin C, vitamin D, calcium, and iron. See GMA Press Release, January 24, 2011. Food companies can begin using the new icons this year, but…
According to a news source, Costa Rican farmers who allege they were injured by exposure to a pesticide used on Dole Food Co.’s banana plantations have been unable to obtain visas to enter the United States for medical testing. A state court ordered that the plaintiffs be tested in U.S. laboratories, apparently to avoid evidence tampering. Embassy officials have reportedly denied the visas finding that the applicants lack “sufficient ties to Costa Rica.” Plaintiffs’ counsel Mark Sparks contends that his clients are “extremely poor” and lack the indicia of residency, such as bank accounts, business records and car titles, that embassy officials have requested. Plaintiffs’ and defendants’ counsel have reportedly drafted a letter for the presiding judge to send to U.S. embassy officials to allow the Costa Rican plaintiffs to travel to Los Angeles for the limited purpose of medical testing and responding to interrogatories. At least one legal commentator…
A Utah woman who claims that E. coli-tainted spinach caused her irritable bowel syndrome and subsequent chronic incapacitation has reportedly settled her lawsuit against three California-based companies. Chelsey Macey, 26, and her husband were seeking damages in excess of $5 million. A jury awarded the couple that amount in compensatory damages, but before it could consider an award for pain and suffering, the parties apparently settled. The defendants were Dole Food Co., Natural Selection Foods and Mission Organics. See KSBW.com, January 20, 2011.
A California resident has filed a putative class action against Taco Bell Corp., alleging that the company violates consumer protection laws by mislabeling some of its beef products as containing seasoned beef “when in fact a substantial amount of the filling contains substances other than beef.” Obney v. Taco Bell Corp., No. 11-00101 (C.D. Cal., filed January 19, 2011). Seeking to certify a nationwide class of consumers and claiming that damages exceed $5 million, the plaintiff alleges violations of California’s Consumer Legal Remedies Act and unlawful business acts and practices, including misbranded food in violation of federal law. She also asks for declaratory and injunctive relief, a corrective advertising campaign, attorney’s fees, and costs. According to plaintiff’s counsel, testing has shown that “the taco meat filling is about 35 percent meat.” The complaint asserts that the company’s use of the term “seasoned beef” in the labeling and advertising of its beef…
A federal district court in New York has granted the motion for summary judgment filed by Snapple Beverage Corp. in a case alleging that the company misled consumers by labeling its teas and juice drinks as “All Natural” because the company’s beverages contain high-fructose corn syrup (HFCS). Weiner v. Snapple Beverage Corp., No. 07-8742 (S.D.N.Y., decided January 21, 2011). The court had previously denied plaintiffs’ motion for class certification but determined, despite that denial, that it could decide the merits of the summary judgment motion even though the lawsuit now failed to satisfy the requirements of original diversity jurisdiction. The defendant argued that the plaintiffs did not offer any evidence showing injury from Snapple’s “All Natural” labeling, and the court agreed. Analyzing each claim—violation of a state deceptive practices law, unjust enrichment, and breach of express and implied warranty—the court found that the plaintiffs failed to present reliable evidence that they…
The U.K. Department for Business Innovation and Skills has released the results of a Foresight project titled “The Future of Food and Farming: Challenges and choices for global sustainability,” which examines “the increasing pressures on the global food system between now and 2050.” Sponsored by the Department for Environment, Food and Rural Affairs and the Department for International Development, the report apparently relied on 400 experts from 35 countries to analyze five key challenges: (i) “Balancing future demand and supply sustainably”; (ii) “Ensuring that there is adequate stability in food prices”; (iii) “Achieving global access to food and ending hunger”; (iv) “Managing the contribution of the food system to the mitigation of climate change”; and (v) “Maintaining biodiversity and ecosystem services while feeding the world.” The report urges policy-makers “to consider the global food system from production to plate” and adopt “a broad view of food that goes beyond narrow…
The International Organization for Standardization (ISO) has finalized a new standard that apparently establishes parameters for monitoring the concentration, size and size-distribution of nanoscale particles in an inhalation chamber as part of an effort to assess their potential toxicity. ISO 10808-2010, titled “Nanotechnologies—Characterization of nanoparticles in inhalation exposure chambers for inhalation toxicity testing,” reportedly establishes a battery of tests that will help researchers learn about potential effects of nanoparticles on human health and the environment. ISO Technical Committee ISO/TC 229, Nanotechnologies, developed the standard, and its Chair Peter Hatto was quoted as saying, “Traditional methods used in other areas are considered insufficient for testing nanoparticles since parameters specific to them like particle surface area or number, might be crucial determinants of toxicity.” He called the test an “important asset to the industry.” See Nanowerk, January 26, 2011.
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