Category Archives Issue 411

U.S. Representatives Joe Barton (R-Texas) and Edward Markey (D-Mass.) have written a September 26, 2011, letter to Federal Trade Commission (FTC) Chair Jon Leibowitz, expressing concern over the practices used by some web services to track online behavior. The congressmen, who co-chair the Bi-Partisan Privacy Caucus, cited an August 18 Wall Street Journal article that raised questions about “supercookies,” files installed on computers which apparently allow websites “to collect detailed personal data about users” and which persist “even when consumers choose to delete regular cookies.” Believing that such practices should be banned, Barton and Markey call on FTC “to investigate the usage and impact of supercookies on the Internet and consumers.” “We believe that an investigation of the usage of supercookies would fall within the FTC’s mandate as stipulated in Section 5 of the Federal Trade Commission Act with respect to protecting Americans from ‘unfair and deceptive acts or practices,’” wrote…

Public health advocates from around the country have sent a letter to President Barack Obama (D) urging his administration to finalize the April 2011 proposed voluntary standards for food marketing to children. The guidelines would set limits on the amount of unhealthy fats, added sugars and sodium in foods advertised to children ages 2-17. Additional information on the proposed guidelines, which were designed by a Federal Trade Commission-led working group, can be found in Issue 392 of this Update. The September 27 letter was signed by 75 individuals claiming expertise in nutrition, marketing, medicine, and public health, including Kelly Brownell, Director of Yale University’s Rudd Center for Food Policy & Obesity; anti-tobacco attorney Richard Daynard, Director of the Public Health Advocacy Institute; Frank Hu, Professor of Nutrition and Epidemiology at the Harvard School of Public Health; Marion Nestle, New York University Professor of Nutrition and Food Studies; and Juliet Schor,…

The Equal Opportunity Employment Commission (EEOC) has filed a claim under the amendments to the Americans with Disabilities Act against a company that allegedly discharged a morbidly obese man. EEOC v. BAE Sys., Inc., No. 11-03497 (S.D. Tex., filed September 27, 2011). According to the EEOC, “at the time of his discharge, [Ronald] Kratz was qualified to perform the essential function of his job as a material handler II. BAE refused to engage in any discussion with him to determine whether reasonable accommodations were possible that would have allowed him to continue to perform the essential function of his job … The suit asserts that BAE replaced Kratz with someone who was not morbidly obese.” News sources have reported that Kratz, who weighed 450 pounds when the military vehicle manufacturer hired him, gained 200 pounds over the 16 years he was employed. He claims that his weight never interfered with his job…

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