A recent study by the Arizona-based Translational Genomics Research Institute (TGRI) has reportedly identified Staphylococcus aureus in 47 percent of meat and poultry samples obtained from retail stores, with 52 percent of the contaminated samples testing positive for multidrug-resistant S. aureus. Andrew Waters, et al., “Multidrug-Resistant Staphylococcus aureus in U.S. Meat and Poultry,” Clinical Infectious Diseases, April 2011. According to a summary of the study, which received funding from the Pew Charitable Trusts, researchers collected 136 samples of ground beef, chicken breasts and thighs, ground pork and pork chops, and ground turkey and turkey cutlets from 26 retail stores in Chicago, Washington, D.C., Fort Lauderdale, Los Angeles, and Flagstaff. The results purportedly indicated that S. aureus contaminated “a substantial portion of samples from all meat and poultry types (37-77%), with a notable 52% of isolates being multidrug resistant” to antimicrobials such as tetracycline, ampicillin, penicillin, and erythromycin, among others. “The…
Category Archives Issue 391
The University of California, Davis, Olive Center and Australian Oils Research Laboratory have issued an April 2011 report on olive oils sold in California, concluding that 73 percent of sampled oils allegedly fell short of International Olive Council (IOC) standards for extra-virgin oil. Building on a July 2010 report, the latest results were based on two IOC-accredited sensory panels, which analyzed 134 samples from eight brands sold in three different California regions. According to the report, the two panels concluded that: (i) “Of the five top-selling imported ‘extra virgin’ olive oil brands in the United States, 73 percent of the samples failed the IOC sensory standards”; (ii) “All of the oil samples passed the IOC chemistry standards for free fatty acids (FFA), fatty acid profile (FAP) and peroxide value (PV), but several of the imported samples failed the IOC’s ultraviolet absorption (UV) tests”; (iii) “70 percent of the samples from…
“Forty years before it was removed from paint, pediatricians had enough evidence of lead’s ability to maim children’s brains—catastrophically and irreversibly—to warrant discussion in a medical textbook,” opines Sandra Steingraber in the March/April 2011 edition of Orion Magazine, where she posits that not only is the developing brain more vulnerable than the adult brain to social and nutritional environments, but “that neurotoxins can act in concert with each other” and “that the chemicals designed to act as neurobiological poisons—the organophosphate pesticides—truly do so.” In addition to summarizing studies on the effect of lead, arsenic, mercury, and other substances on developmental health, Steingraber highlights the latest research suggesting that organophosphate pesticides created to attack “the nervous systems of insect pests…have the same effect in humans,” interfering with “the recycling of the neurotransmitter acetycholine, one of the messaging signals that flow between neurons.” In particular, she cites studies purportedly showing that “organophosphate…
An April 21, 2011, New York Times article targets the online marketing techniques allegedly used by food companies “to build deep ties with young consumers,” claiming that “multimedia games, online quizzes and cellphone apps” have become “part of children’s daily digital journeys, often flying under the radar of parents and policy makers.” The Times highlights the efforts of the Campaign for a Commercial-Free Childhood (CCFC) and Yale University’s Rudd Center for Food Policy and Childhood Obesity, which have backed strict regulation in lieu of the current voluntary measures. “Food marketers have tried to reach children since the age of the carnival barker, but they’ve never had so much access to them and never been able to bypass parents so successfully,” said CCFC Director Susan Linn. According to the article, the groups have called for rules similar to those governing children’s TV that require “a buffer between ads and programs so that…
The company that makes gourmet cookies sold as “One Smart Cookie™” has filed a trademark infringement and unfair competition lawsuit against a company that makes organic cookies sold as the “Original Smart Cookie.” Jimmy’s Chocolate Chip Cookies, LLC v. Nature’s Select Food Group, LLC, No. 11-01 (D.N.J., filed April 15, 2011). According to the plaintiff, the defendant sought to register its mark, which the plaintiff opposed, and registration was refused. Still, the defendant allegedly continues to use the name “Original Smart Cookie.” The plaintiff alleges infringement of federal trademark registration, false designation of origin and unfair competition under state and federal statutes, and common-law unfair competition. Jimmy’s Chocolate Chip Cookies seeks injunctive relief, an accounting of profits, compensatory and punitive damages, and attorney’s fees and costs.
Clos LaChance Wines has filed a complaint in a California federal court seeking a declaration that “Mommy” is not a protected trademark when used on a wine label and that the company’s domestic wine products, “MommyJuice White Wine” and “MommyJuice Red Wine,” do not infringe defendant’s “Mommy’s Time Out®” imported wines. Clos LaChance Wines, LLC v. Selective Wine Estates, Inc., No. 11-1848 (N.D. Cal., filed April 18, 2011). Clos LaChance apparently began using its label in August 2010; it includes an image of a woman with four arms juggling a computer, house, cell phone, and teddy bear. Selective Wines, whose label contains an image of an empty chair facing a corner alongside a small table with a bottle and wine glass, purportedly sent a demand letter to Clos LaChance accusing it of infringing Selective’s trademark and demanding that Clos LaChance cease and desist from using the name “MommyJuice” in connection with…
A Florida resident has alleged in a putative class action that Kraft Foods and Hormel Foods deceive the public by selling their prepackaged retail sandwich meat products in a way that suggests they contain far less fat than they actually do. Kuenzig v. Kraft Foods, Inc., No. 11-00838 (M.D. Fla., filed April 18, 2011). The companies allegedly state on their product labels that the sliced ham, turkey and other deli-style meats are 95, 96, 97, or 98 percent fat-free and juxtapose this information with a calorie count per serving. According to the plaintiff, this leads consumers to believe that of the 50 calories in a serving, for example, less than 5 percent comes from fat. Because the products could actually derive one-half of their calories from fat, the plaintiff contends that health-conscious consumers “will continue to be surprised to learn that Products they’ve purchased—and perhaps have repurchased for years—are about ten…
A New York state court has determined that a company which made the butter flavoring chemical at issue in workplace exposure lawsuits succeeded to a predecessor’s insurance coverage rights. Int’l Flavors & Fragrances, Inc. v. St. Paul Prot. Ins. Co., No. 601723/08 (N.Y. Sup. Ct., decided April 11, 2011). Finding that a de facto merger had taken place, the court also determined that the company inherited its predecessor’s liabilities in the underlying diacetyl-exposure actions. A $30.4 million jury award involving one of the plaintiffs in an underlying action is discussed in Issue 361 of this Update.
A Florida court has reportedly denied the motion to dismiss filed by organic and natural foods grocery chain Whole Foods Market in a case alleging that the company sold frozen vegetables harvested in a polluted area by the forced labor of Chinese prisoners. Se. Consumer Alliance Inc. v. Whole Foods Market Group Inc., No. 2009-92727-CA-01 (Fla. Cir. Ct., 11th Cir.) decided April 20, 2011). The company purportedly certifies and sells the vegetables as organic. The plaintiffs, who are apparently seeking a declaration that the company violated deceptive marketing law, have twice amended their complaint to bring new claims, including deceptive trade practices and false advertising. Plaintiffs’ counsel Bruce Baldwin was quoted as saying, “They’re the biggest organic retailer in America with the biggest certifier in China working for them. They knew, but they kept selling the Chinese frozen vegetables as if there was no problem at all.” See Law360, April 21,…
Taco Bell® has launched a nationwide public relations campaign calling for an apology from the law firm that voluntarily dismissed a lawsuit alleging that the company misrepresented the beef filling in its taco and burrito products. Obney v. Taco Bell Corp., No. 11-00101 (C.D. Cal., notice of dismissal filed April 18, 2011). Additional information about the putative class action appears in Issue 379 of this Update. The company apparently launched the campaign “to make sure consumers know that it has not changed products, ingredients or advertising despite what the Beasley Allen law firm has claimed.” According to a news source, the firm said, “From the inception of this case, we stated that if Taco Bell would make certain changes regarding disclosure and marketing of its ‘seasoned beef’ product, the case would be dismissed.” Taco Bell® asks the attorneys, “Would it kill you to say you’re sorry?” See Taco Bell® News Release,…
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