The Institute of Medicine’s (IOM’s) Food and Nutrition Board has announced an October 20, 2011, public workshop in Washington, D.C., titled “Alliances for Obesity Prevention: Finding Common Ground.” Funded by the Robert Wood Johnson Foundation and hosted by IOM’s Standing Committee on Childhood Obesity, the event will include discussion of ways to engender dialogue and develop new alliances among obesity-prevention allies. Speakers will include Susan Linn of Campaign for a Commercial-Free Childhood.
Category Archives Issue 413
The Cornucopia Institute has published a report titled “Cereal Crimes: How ‘Natural’ Claims Deceive Consumers and Undermine the Organic Label—A Look Down the Cereal and Granola Aisle.” Noting that, with one exception, no government agency has defined what the term “natural” means on food packages, the organization explains how companies that make cereal products exploit consumer confusion over the difference between “organic” and “natural” products, charging a premium for “natural” products that actually contain ingredients containing pesticides or ingredients grown and processed with genetically engineered (GE) organisms. The report, accompanied by an “online scorecard with nearly 50 cereal and granola brands, available on the Cornucopia website,” (i) details current legal requirements that distinguish organic from “natural” claims; (ii) discusses individual company definitions of “natural” to demonstrate “how vastly different they can be”; (iii) summarizes the results of consumer polling showing that many “erroneously believe that the ‘natural’ label has merit,…
Granting the defendants’ motion to dismiss in part, a federal court in New York has allowed further proceedings on most of the claims filed by a man who alleged that consuming one to two cans of tuna daily for more than two years caused his mercury poisoning. Porrazzo v. Bumble Bee Foods, LLC, No. 10-4367 (S.D.N.Y., decided September 30, 2011). So ruling, the court agreed with the Third Circuit Court of Appeals that the Food and Drug Administration’s failure to adopt a regulation on the alleged risks of mercury in fish or warnings about that risk does not preclude the states from imposing a duty to warn. Additional information about that case appears in Issue 272 of this Update. According to his complaint, the plaintiff purchased and consumed 10 six-ounce cans of tuna fish each week from January 2006 to October 2008, at a time when the manufacturing defendant “promoted…
A federal court in Illinois has determined that a plaintiff claiming that he would not have paid a premium for a product advertised as “heart healthy,” “0 grams trans fat” and “wholesome” had he known it actually contained trans fats, has standing to pursue his false advertising claims under state law. Askin v. The Quaker Oats Co., No. 11-111 (N.D. Ill., decided October 12, 2011). Citing a recent Seventh Circuit decision in which the court found standing under similar circumstances, that is, an affirmative product representation and allegations that consumers paid more for the product than they would have had they known of its purported risks, the court ruled that alleged economic harm alone is redressable and confers standing. The court deferred ruling on the defendant’s argument that the named plaintiff in this putative class action cannot file a lawsuit under Illinois law because he is a resident of and purchased the…
The U.S. Judicial Panel on Multidistrict Litigation (JPML) has consolidated six actions questioning the “100% Natural” claims for Wesson oil products before a multidistrict litigation (MDL) court in California. In re: Wesson Oil Mktg. & Sales Practices Litig., MDL No. 2291 (JPML, transfer order filed October 13, 2011). The defendant requested the transfer, and while the California, Florida and New Jersey plaintiffs supported consolidation, they disagreed on the transferee district. According to the court, centralization “in the Central District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” The court found, “All actions contain similar allegations against ConAgra and share factual questions regarding the labeling and marketing of Wesson oils as ‘100% Natural’ when the oils purportedly contain genetically modified plants or organisms. Little litigation activity has occurred in the actions, which were all filed within the past…
French Health Minister Xavier Bertrand has become the second cabinet member to publicly declare his support for legislation recently adopted by the National Assembly that would prohibit bisphenol A (BPA) in all food packaging as of January 1, 2014. According to an October 7, 2011, press statement issued by Bertrand, the bill—if passed by the Senate later this year—would also require packaging that contained BPA to bear warning labels directed at pregnant women and children younger than age 3. In particular, Bertrand cited a recent government report that highlighted the alleged risks associated with low-level exposure to BPA, rendering the “precautionary” bill “legitimate and even necessary.” The minister also called for an intermediary measure that would prohibit BPA in food containers designed for children younger than age 3 by 2013. “I have always said that if we had new evidence, we would assume responsibility,” Bertrand was quoted as saying. “With…
Health Canada recently announced new measures that would reclassify energy drinks as food instead of a natural health product (NHP), thus requiring each can to bear a nutritional facts table. According to an October 6, 2011, press release, the new rules would also direct energy drink manufacturers to (i) limit caffeine content to 180 milligrams per single serving; (ii) indicate caffeine amounts on product labels and identify groups, such as children, “for whom high levels of caffeine are not recommended”; (iii) declare ingredients, nutrition and allergens; (iv) ensure that “types and levels of vitamins and minerals are within safe levels”; and (v) warn consumers not to mix the product with alcohol. The proposed approach would bring energy drinks under the purview of the Canadian Food Inspection Agency, while compelling producers to report any consumer complaints to Health Canada as well as submit information about consumption and sales. The agency intends…
The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA) has issued a scientific opinion on the use of egg-derived lysozyme in wine manufacturing after the Oenological Products and Practices International Association (OENOPPIA) applied to permanently exempt the anti-microbial stabilizer from labeling requirements. According to NDA, which was tasked with assessing the likelihood of allergic reaction to lysozyme-treated wine, the additive is approved for use in some foods to control lactic acid bacteria but “must follow purity specifications set forth in European legislation.” Because it can evidently be used “at different stages of wine production and at different doses,” lysozyme was detected in some wines at residual amounts “considered sufficient to trigger allergic reactions in susceptible individuals.” OENOPPIA had apparently argued that lysozyme is not only “the weakest allergen among the four major egg white proteins,” but unlikely to cause a clinical reaction in egg-allergic individuals…
The European Commission (EC) recently released 12 legal proposals designed to update the Common Agricultural Policy (CAP) by 2013, a move which has apparently elicited a strong response from environmentalists over reforms meant to “strengthen the competitiveness and the sustainability of agriculture” throughout the region. According to the EC, the proposals would simplify CAP while addressing nine additional points, including (i) “better targeted income support,” (ii) more responsive and effective crisis management, (iii) “green” payments for “preserving long-term productivity,” (iv) additional investment in research and innovation, and (v) “a more competitive and balanced food chain.” For example, as The Guardian’s environmental blog explains, the CAP reforms would “move away from historical payments to a flat-rate payment scheme,” limit payments to the largest enterprises, and provide additional assistance to young and organic farmers. Yet the October 13, 2011, blog post also notes that the proposals have drawn swift criticism from organizations such…
The Food and Drug Administration (FDA) has submitted a proposed information collection to the Office of Management and Budget (OMB) to conduct an experimental study designed to evaluate the public’s risk perceptions after a foodborne-illness-related recall. Produce growers, food retailers and consumers will be asked to participate in the study “to help FDA better understand whether the magnitude and duration of the decline in commodity consumption following food recalls can be partly explained by grower and retailer speculations and projections about consumers’ attitudes.” Using a hypothetical fresh spinach recall, the study will test whether “‘attribution error’—the tendency people have of overestimating others’ negative response to situations compared to their own response”—contributes to unnecessarily prolonging the economic effects of a food recall. The study will involve 900 participants (180 growers, 180 retailers and 540 consumers) assigned to either an ‘‘anger’’ scenario, ‘‘fear’’ scenario or ‘‘control’’ scenario. After reading a news article…
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