The World Cancer Research Fund/American Institute for Cancer Research (WCRF/AICR) has issued a colorectal cancer report allegedly concluding “that red and processed meat increase risk of the disease.” Part of the groups’ Continuous Update Project, which in 2007 covered 749 papers on colorectal cancer, the 2011 report reviews 263 additional papers examining “the links between colorectal cancer risk and diet, physical activity and weight.” According to a May 23, 2011, press release, the findings provide “convincing evidence that both red and processed meat increase colorectal cancer risk,” while “foods containing fiber offer protection.” Billed by WCRF/AICR as “the most comprehensive and authoritative report on colorectal cancer risk ever published,” the meta-analysis also suggested that “ounce for ounce, consuming processed meat increases risk twice as much as consuming red meat.” WCRF/AICR recommends that “people limit consumption to 18 ounces (cooked weight) of red meat a week – roughly the equivalent of…
Category Archives Issue 396
Rumors that Denmark banned the sale of Marmite and other savory yeast extract spreads because they contain added vitamins have apparently given rise to online protests and calls to boycott iconic Danish brands such as Lego®. Media sources have reported that Marmite fans rallied on Facebook and other social media sites after hearing that the Danish Veterinary and Food Administration (DVFA) ordered the product off store shelves along with other fortified foods like Ovaltine and Vegemite. “Spread the word, but most importantly spread the Marmite,” wrote the founder of one Facebook page devoted to expat Marmite aficionados. “Let the rise of the Marmite army begin!” According to DVFA, however, authorities have not banned the spread but simply reiterated that foods with added vitamins, minerals or other substances cannot be marketed in Denmark without agency review and approval. “Products with food additives, vitamins and minerals claims in their marketing need to…
A man who claims that his consumption of Ocean Spray’s 100% Cranberry Pomegranate Juice® caused his food poisoning and other related injuries, has filed an individual action against the company, retailers and a testing laboratory in an Illinois state court. Mihalopoulos v. Ocean Spray Cranberries, Inc., No. 2011L005420 (Ill. Cir. Ct., Cook Cty., filed May 25, 2011). The plaintiff alleges that the product was contaminated with a “fungus known as Penicillium Glabrum.” Part of the complaint alleges that a testing laboratory confirmed the presence of the fungus in the product, but failed to preserve the juice sample, which the plaintiff contends will prejudice his ability to prosecute the remainder of his claims. Alleging strict products liability, negligence and spoliation of evidence, the plaintiff seeks damages in excess of $50,000 for his “severe and permanent injury,” medical costs and future economic losses.
According to a news source, a Florida resident has filed a putative class action against Kraft Foods Global, Inc., alleging that the packaging for its Oscar Mayer® deli meat products misleads consumers by declaring the meat to be 98 percent fat free, with 50 calories per serving. McDougal v. Kraft Foods, Inc., No. 11-61202 (S.D. Fla., filed May 23, 2011). The plaintiff contends that consumers are misled to believe that just 2 percent of the 50 calories come from fat, when 20 percent of the calories per serving actually come from fat. Seeking to certify statewide and nationwide classes, the plaintiff alleges violation of consumer protection laws, breach of express warranty and unjust enrichment. The complaint is similar to one filed in a different federal district in Florida in April. Additional details about that lawsuit appear in Issue 391 of this Update. See Law360, May 24, 2011.
Celestial Seasonings has filed a complaint against Mexican and Texas companies that are allegedly infringing its Sleepytime trademark with a tea product sold under a “Sleeping Time” mark. The Hain Celestial Group, Inc. v. Royal Tea S.A. de C.V., No. 11-2504 (E.D.N.Y., filed May 24, 2011). According to the complaint, Celestial began registering its marks for tea and dietary supplements in 1975. Contending that the defendants’ Sleeping Time mark is “confusingly similar,” Celestial alleges that the defendants were fully aware of Celestial’s rights to the Sleepytime mark because they tried to cancel Celestial’s Mexican trademark registration. The complaint alleges trademark infringement, trademark dilution and unfair competition under federal law, and related counts under state law. The plaintiff seeks a permanent injunction, destruction of infringing inventory and advertising, treble damages, costs, and attorney’s fees.
Selective Insurance Co. of South Carolina has filed a declaratory judgment action against Phusion Projects, Inc., which makes and sells the caffeinated alcohol beverage Four Loko®, claiming that it owes no duty to defend or indemnify Phusion in a number of pending lawsuits. Selective Ins. Co. of S. Car. v. Phusion Projects Inc., No. 11-03378 (N.D. Ill., filed May 19, 2011). The lawsuits involve claims that the product was responsible for teenagers’ deaths or injury, its promotions violated consumer protection laws, and the product’s packaging infringed trade dress. According to the insurer, (i) its policy was not in effect as to some of the plaintiffs, whose alleged injuries occurred either before the policy took effect or after the insurer cancelled the policy; and (ii) the policy’s terms expressly or unambiguously preclude coverage for certain claims, including those involving intoxication. The insurer seeks a declaration that the policy does not provide coverage for…
A coalition of non-profit advocacy organizations has filed a complaint for declaratory and injunctive relief against the Food and Drug Administration (FDA), alleging that the agency has unreasonably delayed action on several of its petitions relating to the use of antibiotics in animal feed. Natural Res. Def. Council v. FDA, No. 11-3562 (S.D.N.Y., filed May 25, 2011). The plaintiffs seek orders compelling the agency to “withdraw approval for subtherapeutic uses of penicillin and tetracyclines, unless FDA’s findings are reversed in new administrative proceedings.” According to the complaint, while FDA determined in 1977 that these drugs” have not been shown to be safe,” it never withdrew its approvals for the drugs’ subtherapeutic uses. Contending that “misuse and overuse of antibiotics has given rise to a growing and dangerous trend of antibiotic resistance,” the coalition alleges that some of its organizations filed citizen petitions in 1999 and 2005 requesting that FDA “withdraw approvals…
An administrative law judge has apparently begun hearing a Federal Trade Commission (FTC) complaint alleging that POM Wonderful LLC makes false and unsubstantiated claims that its pomegranate juice products will prevent or treat “heart disease, prostate cancer, and erectile dysfunction.” According to a news source, the government opened its case by asserting that the studies on which the company relied do not support the marketing claims and that its executives “repeatedly ignored warning signs that the marketing didn’t match the science.” Food and beverage companies and advertisers are reportedly watching the dispute closely; if the agency prevails, the companies will have to support their advertising with more scientific evidence. POM contends that its product claims are supported by $35 million in research and that the company has “sponsored or participated in more than 90 scientific investigations with over 65 studies on POM products, including 17 clinical trials.” POM will also…
The Dutch Ministry of Social Affairs and Employment has issued guidance for employers and employees working with nanomaterials and nanoproducts. The guidance provides information about designing suitable control measures to limit exposures according to the current state of knowledge about nanomaterial safety. It also recommends ways of instructing employees about good work practices, potential risks and risk management measures when new nanomaterials are introduced into the workplace. See Nanowerk, May 24, 2011.
General practitioners (GPs) in the United Kingdom will reportedly receive payments each time they advise patients to lose weight and by maintaining lists of those who exceed weight guidelines. The GPs will apparently be able to offer free memberships in diet clubs, paid for by the National Health Service (NHS), as part of the new weight-control program. Critics are reportedly appalled that simply advising a patient to lose weight, without more, will increase GP incomes. They recommend that referrals to programs, such as Weight Watchers® and Slimming World®, would be more effective in addressing an obesity problem that is purportedly costing NHS more than £6 billion annually. See The Telegraph, May 22, 2011.
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