Canadian researchers have allegedly detected the presence of Cry1Ab toxin in human blood, raising questions about whether “pesticides associated to genetically modified [GM] foods (PAGMF)” break down during digestion as previously claimed. Aziz Aris and Samuel Leblanc, “Maternal and fetal exposure to pesticides associated to genetically modified foods in Eastern Townships of Quebec, Canada,” Reproductive Toxicology, 2011. The study apparently focused on 30 pregnant and 39 non-pregnant women with no direct or indirect contact with pesticides. The findings evidently showed Cry1Ab toxin—“an insecticidal protein produced by the naturally occurring soil bacterium Bacillus thuringiensis [bt]” and used in GM maize—“in 93% and 80% of maternal and fetal blood samples, respectively and in 69% of tested blood samples from non-pregnant women.” According to the study’s authors, these results suggest “(1) that these toxins may not be effectively eliminated in humans and (2) there may be a high risk of exposure through consumption…
Category Archives Issue 394
“Over the course of the past half century, during which PepsiCo’s revenues have increased more than a hundredfold, a public-health crisis has been steadily growing along with it. People are getting fatter,” opines The New Yorker’s John Seabrook in this article examining the tension between the ubiquitous snack food empire and its recent foray into “authentic, scientifically advantaged” functional foods designed “for different life stages—snacks for teens, snacks for pregnant women, snacks for seniors.” In particular, Seabrook focuses on PepsiCo’s recruitment of academics, scientists and former regulators to bolster its new global health agenda, which includes efforts to reduce sodium and sugar in its flagship products, as well as launch “better for you” foods that re-create both the physical and aspirational experience associated with high brand recognition. “No one I met at PepsiCo better represents the complicated relationship between private food companies and public health than Derek Yach, the company’s…
Yale University’s Rudd Center for Food Policy and Obesity has released a new study claiming that “a penny per ounce” tax on sugar sweetened beverages “has the potential to reduce consumption and generate significant revenue.” Tatiana Andreyeva, et al., “Estimating the potential of taxes on sugar-sweetened beverages to reduce consumption and generate revenue,” Preventive Medicine, April 2011. To estimate revenues from an excise tax on sugar-sweetened beverages, the study’s authors evidently constructed “a model projecting beverage consumption and tax revenues based on best available data on regional beverage consumption, historic trends and recent estimates of the price elasticity on sugar-sweetened beverage demand.” Using this model, the authors described the public health impact of beverage taxes as “substantial,” estimating that a penny-per-ounce tax would reduce sugar-sweetened beverage consumption by 24 percent and lower “the daily per capita caloric intake from sugar-sweetened beverages from the current 190-200 cal to 145-150 cal, if there…
The Metzger Law Group has filed a lawsuit under the Safe Drinking Water and Toxic Enforcement Act (Prop. 65) on behalf of the Council for Education and Research on Toxics (CERT), seeking an order to require coffee makers and retailers to warn consumers that coffee contains acrylamide, a chemical known to the state to cause cancer. CERT v. Brad Berry Co., Ltd., No. BC461182 (Cal. Super. Ct., Los Angeles Cty., filed May 9, 2011). The defendants include manufacturing companies, coffee shops and major food retailers. Raphael Metzger and CERT have filed a number of Prop. 65 lawsuits, including claims against fast-food restaurants, for failing to warn consumers about the acrylamide in fried and baked potatoes. Acrylamide, formed when certain foods are roasted, baked or exposed to high-temperature cooking processes other than boiling or steaming, has been listed as a carcinogenic chemical in California since 1990, but was not discovered in…
A New York City deli has filed a lawsuit in federal court seeking a declaration that it has not infringed the trademark of an Arizona-based restaurant by selling an “Instant Heart Attack Sandwich” and planning to sell a “Triple Bypass Sandwich.” Lebewohl v. Heart Attack Grill LLC, No. 11-3153 (S.D.N.Y., filed May 10, 2011). According to the plaintiff, who owns the 2nd Avenue Deli, the Arizona eatery threatened to sue the deli in a March 29, 2011, letter, claiming that the deli’s use of these terms for its menu items violated the defendant’s Lanham Act rights. The Heart Attack Grill has purportedly registered the trademarks “Heart Attack Grill,” “Triple Bypass Burger” and other “Bypass” marks. The New York deli claims that it has been selling its “Instant Heart Attack Sandwich,” which consists of two large potato pancakes with a choice of deli meats, and accompanied by matzo ball soup, since…
The Food and Drug Administration (FDA) has filed a complaint for permanent injunction against Tennessee-based companies that process food products and ingredients, such as spices, spice blends, herbs, and sauces, claiming they have repeatedly violated the law by selling adulterated foods. United States v. Am. Mercantile Corp., No. 11-02371 (W.D. Tenn., filed May 11, 2011). According to the complaint, the foods are adulterated because “they have been prepared, packed, and held under insanitary conditions whereby they may have become contaminated with filth.” An array of insects and insect and rodent excreta were allegedly observed on a number of occasions at defendants’ facilities, and repeat visits by inspectors showed that the cited violations had not been corrected. Other problems included spilled food, unsatisfactory cleaning, gaps in the building exterior, and expired products. FDA seeks to permanently enjoin the defendants from “introducing or delivering for introduction into interstate commerce any article of food…
A federal court in California has denied without prejudice the motion of Ferrero U.S.A., Inc. to transfer a consolidated consumer-fraud class action involving its Nutella® spread to a New Jersey district court. In re: Ferrero Litig., No. 11-205 (S.D. Cal., decided May 11, 2011). According to the court, the convenience of the parties and witnesses and the interests of justice would best be served by allowing the plaintiffs to remain in their chosen jurisdiction. The court noted that similar litigation is pending in New Jersey, but that case was filed after the California lawsuits, “likely giv[ing] the cases in this district priority.” Additional details about the case can be found in Issue 380 of this Update.
A federal court in Vermont has certified a class of 9,000 to 10,000 dairy farmers who allege that Dean Foods Co. and others engaged in anticompetitive conduct and given preliminary approval to a settlement reached in December 2010. Allen v. Dairy Farmers of Am., Inc., No. 09-00230 (D. Vt., order entered May 4, 2011). Under the settlement, Dean Foods does not admit any wrongdoing, but will create a $30 million settlement fund. Its co-defendants have objected to the settlement, but the court determined that they lack standing to oppose preliminary approval of the Dean settlement. The court also noted that they opposed a settlement provision that has been removed. The court denied several motions to intervene and scheduled a final hearing date for July 18, 2011. The plaintiffs alleged conspiracies to monopolize, fix prices and restrain trade. Common questions of law and fact included whether the defendants “conspired to fix,…
A federal jury agreed with POM Wonderful LLC that Welch Foods, Inc. developed intentionally confusing and misleading marketing and labeling for its White Grape Pomegranate juice product to take advantage of the market POM created for pomegranate juice, but determined that POM did not lose sales because of Welch’s conduct. POM Wonderful LLC v. Welch Foods Inc., No. 09-00567 (C.D. Cal., verdict reached September 13, 2010). More details about the case appear in Issue 290 of this Update. POM has reportedly asked the Ninth Circuit Court of Appeals to review the verdict, claiming that the lower court’s decision to try the case in two phases led the company to refrain from introducing evidence about lost sales during the first phase, which focused on liability. According to a news source, the company requested before the verdict that the court not instruct the jury to decide whether POM had lost sales, but…
Taco Bell has requested that the Ninth Circuit Court of Appeals review a district court determination that three insurance companies are not required to provide coverage under commercial liability policies for economic loss allegedly arising from decreased patronage in the wake of a 2006 E. coli outbreak. Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Ready Pac Foods, Inc., No. 09-3220 (C.D. Cal., appeal filed May 11, 2011). The district court reportedly issued an order granting a request for certification of the economic loss claim and stayed its adjudication of other unresolved matters to allow Taco Bell to take an interlocutory appeal to the Ninth Circuit. According to the lower court, “The lost patronage claim presents a legal issue that is unique and distinct from the other types of loss for which Taco Bell seeks a declaration of coverage . . . such as claims for bodily injury, claims for…
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