Category Archives Issue 406

A Finnish study has allegedly confirmed an association between adult-only exposure to certain pesticides and type 2 diabetes. Riikka Airaksinen, et al., “Association Between Type 2 Diabetes and Exposure to Persistent Organic Pollutants,” Diabetes Care, August 4, 2011. Researchers reportedly analyzed data from 1,988 adults born in Helsinki during 1934-1940, finding that just over 15 percent had type 2 diabetes. The results evidently indicated that “for participants with the highest exposure to oxychlordane, trans-nonachlor, 1,1-dichloro-2,2-bis-(p chlorophenyl)-ethylene (p,p’-DDE), and polychlorinated biphenyl 153, the risk of type 2 diabetes was 1.64-2.24 times higher than that among individuals with the lowest exposure.” In addition, “the associations between type 2 diabetes and oxychlordane and trans-nonachlor remained significant and were strongest among the overweight participants.” According to the authors, these findings suggest that organochlorine pesticides and body fat “may have a synergistic effect on the risk of type 2 diabetes.” Although lead author Riikka Airaksinen also…

A recent study has claimed that after adopting organic practices and ceasing the use of antibiotics, large-scale poultry farms had “significantly lower levels” of antibiotic-resistant and multidrug resistant (MDR) Enterococcus than their conventional counterparts. Amy Rebecca Sapkot, et al., “Lower Prevalence of Antibiotic-resistant Enterococci On U.S. Conventional Poultry Farms That Transitioned to Organic Practices,” Environmental Health Perspectives, August 2011. Researchers apparently sampled poultry litter, feed and water “from 10 conventional and 10 newly organic poultry houses in 2008,” finding that the percentages of resistant E. faecalis and resistant E. faecium “were significantly lower (p<0.05) among isolates from newly organic versus conventional houses for two (erythromycin and tylosin) and five (ciprofloxacin, gentamicin, nitrofurantoin, penicillin and tetracycline) antimicrobials.” They also reported that 42 percent of E. faecalis isolates and 84 of E. faecium isolates from conventional poultry houses were multidrug resistant, compared to 10 percent of E. faecalis isolates and 17 percent of E. faecium…

“A third or more of all the honey consumed in the U.S. is likely to have been smuggled in from China and may be tainted with illegal antibiotics and heavy metals,” writes reporter Andrew Schneider in an August 15, 2011, Food Safety News article investigating the U.S. honey trade. Building on earlier media stories such as a January 5, 2011, Globe and Mail exposé covered in Issue 377 of this Update, the latest feature includes U.S. Customs import data indicating, for example, that the United States “imported 208 million pounds of honey over the past 18 months,” with almost 60 percent or 123 million pounds coming “from Asian countries—traditional laundering points for Chinese honey,” and “45 million pounds from India alone.” “This should be a red flag to FDA [the Food and Drug Administration] and the federal investigators. India doesn’t have anywhere near the capacity—enough bees—to produce 45 million pounds…

The New York Times “Room for Debate” series recently tackled illegal farm labor, with six labor policy and economic experts discussing whether “strict enforcement of immigration laws would drive up prices for fruits and vegetables.” According to the commentators, eliminating undocumented workers in the agriculture sector, if possible, would have far-reaching consequences for growers, consumers and other economic sectors. As agricultural and resource economist Michael Roberts explains, the strict enforcement of immigration laws would not only raise domestic fruit and vegetable prices and likely increase cheaper imports, but “the employment effect for citizens could be smaller than some might expect, because illegal immigrants don’t just fill jobs; they also buy stuff with the money they earn, spurring demand and creating jobs in other parts of the economy.” Tamar Jacoby, president of ImmigrationWorks USA, also agreed that expelling immigrant farm laborers would affect “whole sectors of the economy,” since “every farm…

Yale University’s Rudd Center for Food Policy & Obesity has published a study claiming that parents misinterpret nutrition-related health claims used on children’s cereal boxes. Jennifer L. Harris, et al., “Nutrition related claims on children’s cereals: what do they mean to parents and do they influence willingness to buy?,” Public Health Nutrition, August 2, 2011. Researchers asked 306 parents with children between ages 2 and 11 to view images of “box fronts for children’s cereals of below-average nutritional quality, as assessed by a validated nutrient profiling model,” featuring claims such as “supports your child’s immunity,” “whole grain,” “fibre,” “calcium and vitamin D,” and “organic.” The study authors provided “possible meanings for these claims” and asked participants “to select any that applied with the option to write in additional meanings,” as well as “indicate how the claim would affect their willingness to buy the product.” According to the study, “the majority of…

In an August 17, 2011, letter to the U.S. Department of State filed on behalf of more than 400 foreign guest workers recruited by the Council for Educational Travel, USA (CETUSA) to work for the Hershey Chocolate Co., the National Guestworker Alliance seeks the revocation of CETUSA’s sponsor status as a provider of J-1 visas, which allow foreign students to enter the United States for work, training and internships. According to the Alliance, the university students recruited to work for Hershey paid $3,000-$6,000 in pre-employment expenses and expected to receive wages and benefits comparable to U.S. workers and be provided with educational and cultural opportunities. Instead, they were paid $7.85 to $8.35 per hour, but after automatic weekly deductions for “above-market rent and other expenses, they net[ted] between $40 and $140 per week for 40 hours of work.” They were apparently “offered no cultural exchange of any kind.” Some of…

Sara Lee Corp., which makes Ball Park® franks, and Kraft Foods, Inc., which makes Oscar Mayer® hot dogs, have reportedly brought their marketing dispute to a Chicago courtroom where trial recently began on claims each company brought against the other over ad campaigns that sought to distinguish their brands. Stating “let the wiener wars begin,” U.S. District Judge Morton Denlow apparently opened the bench trial on August 15, 2011. Sara Lee takes issue with Kraft claims that its hot dogs beat Sara Lee’s in a national taste test and that its hot dogs are “100 percent pure beef.” According to Sara Lee, the taste test was flawed because the products were not served with condiments or buns, and hot dogs containing filler and chemicals cannot be called 100 percent pure. Kraft defends its testing and asserts that consumers understand that “pure beef” means that the products do not contain other…

A lawsuit has been filed in an Oregon federal court on behalf of a 10-month-old girl who allegedly became ill and was hospitalized after eating a meatball made with ground turkey contaminated with Salmonella. Lee v. Cargill Meat Solutions Corp., No. 11-993 (D. Ore., filed August 16, 2011). Represented by an attorney with food plaintiffs’ firm Marler Clark, the plaintiffs allege that the baby spent seven days in the hospital after her parents were advised that “Salmonella Heidelberg bacteria she had ingested from the defendants’ ground turkey product had gotten into her bloodstream, and she needed urgent care.” Seeking damages in excess of $75,000, the plaintiffs allege strict liability, breach of warranty, negligence, and negligence per se. They claim damages for “general pain and suffering; damages for loss of enjoyment of life, both past and future; medical and medically-related expenses, both past and future; travel and travel-related expenses, past and future;…

The Judicial Panel on Multidistrict Litigation (JPML) has denied a request to transfer three actions pending in two federal district courts alleging that Ferrero U.S.A., Inc. misrepresented its Nutella® spread as a healthy and nutritious food. In re: Nutella Mktg. & Sales Practices Litig., MDL No. 2248 (JPML, decided August 16, 2011). While the parties agreed to centralize the cases for purposes of conducting pre-trial proceedings, they could not agree on whether California or New Jersey would be the appropriate transferee court. Denying the request to transfer, the JPML stated, “The actions may share some factual questions regarding the common defendant’s marketing practices, but these questions do not appear complicated. Indeed, the parties have not convinced us that any common factual questions are sufficiently complex or numerous to justify Section 1407 transfer at this time.” The JPML opined that “[c]ooperation among the parties and deference among the courts should minimize…

In an unpublished opinion, a divided Ninth Circuit Court of Appeals panel has determined that a district court erred in awarding Latino farm workers less than statutory damages for growers’ violations of Washington’s Farm Labor Contractors Act (FLCA). Perez-Farias v. Global Horizons, Inc., No. 10-35397 (9th Cir., decided August 17, 2011). The court remanded the case with directions to enter a damages award of nearly $2 million. The class claims were reportedly filed on behalf of more than 600 workers who accused two state growers and a farm labor contractor of violating federal labor laws. The plaintiffs claimed that they were illegally and intentionally displaced in 2004 by temporary agricultural workers from Thailand. The federal guest worker program allows labor contractors to bring foreign workers into the United States only if it can prove that workers cannot be found locally. While the lower court agreed that the defendants had violated…

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