A study recently presented at the American Heart Association’s (AHA’s) 2011 Scientific Sessions in Orlando, Florida, has suggested a link between sugar-sweetened beverage (SSB) consumption and incident cardiovascular (CV) risk factors in women regardless of weight gain. Christina Shay, et al., “Sugar-Sweetened Beverage Consumption and Incident Cardiovascular Risks Factors: The MultiEthnic Study of Atherosclerosis (MESA),” AHA 2011 Scientific Sessions, November 2011. Researchers apparently used data from approximately 4,000 adult participants enrolled in the Multi-Ethnic Study of Atherosclerosis between 2000 and 2007, identifying during follow-up several incident CV risk factors that included (i) weight gain; (ii) increase waist circumference; (iii) low HDL, LDL and triglycerides; (iv) impaired fasting glucose; and (v) type 2 diabetes. The results evidently indicated that, compared with consuming less than one SSB per day, intake of more than two servings per day “was significantly associated with greater risk for incident increased [waist circumference], hypertriglyceridemia and [impaired fasting glucose]…
Category Archives Issue 418
Lehigh University researchers studying U.S. and U.K. nanotechnology news coverage from 2000 to 2009 have found relatively few articles about “nanotechnology health, environmental, and societal risks.” Sharon Friedman & Brenda Egolf, “A Longitudinal Study of Newspaper and Wire Service Coverage of Nanotechnology Risks,” Risk Analysis, November 2011. Their article appeared in an issue devoted to nanotechnology risks, communications and labeling. According to Friedman and Egolf, most of the coverage from 29 newspapers and two wire services “focused on news events” and any discussion of risks or scientific uncertainties “was counterbalanced by many more articles extolling nanotechnology’s benefits.” The authors conclude that with the general public’s minimal knowledge about nanotechnology, “this type of coverage could create public distrust of nanotechnology applications should a dangerous event occur.”
NBC’s Rock Center recently reported on how Alabama’s new immigration law is affecting farmers in the region, where stricter enforcement measures for undocumented workers have apparently left agricultural communities struggling to find workers. As cucumber farmer Jerry Danford explained to correspondent Kate Snow, the new rules have drained the seasonal labor pool and made it difficult for Alabama producers to compete with neighboring states. “Since the bill was signed into law, Danford has watched many of the immigrant workers he relied on leave. He worries that none of them will return for the spring harvest, when a provision requiring that employers check the immigration status of workers will be in effect,” reports Snow. Although Alabama Governor Robert Bentley (R) defended the law as necessary to uphold federal standards and secure jobs for Americans, the domestic workers interviewed by Snow preferred other kinds of work over field jobs, which typically pay $10…
A federal court in Illinois has granted the motion to dismiss filed by Phusion Projects, Inc., which sells Four Loko®, a caffeinated alcoholic beverage, in a case brought by one of the company’s insurers seeking a declaration that it owed no duty to defend or indemnify the beverage maker in third-party lawsuits claiming injury, death or economic harm. Selective Ins. Co. of S.C. v. Phusion Projects, Inc., No. 11-3378 (N.D. Ill., decided November 15, 2011). According to the court, the case presented no case or controversy because Phusion has withdrawn its tender of defense and request for indemnification from this insurer. Because Phusion refused to withdraw its request “with prejudice and for all purposes” and continued to provide the insurer with notice of new claims “in compliance with the policy notice provision,” the insurer argued that the beverage company was reserving its right to reassert a demand for coverage in…
Seeking to certify a nationwide class of consumers, a California resident has filed consumer fraud claims against a company that makes numerous breakfast-, dessert- and bread-mix products promoted as “All Natural,” while containing purported synthetic ingredients, such as ascorbic acid, disodium phosphate, potassium carbonate, and sodium acid pyrophosphate. Larsen v. King Arthur Flour Co., Inc., No. 11-5495 (N.D. Cal., filed November 14, 2011). The complaint focuses on 64 specific products carrying “All Natural” labels and identifies which alleged synthetic ingredient is contained in each. The plaintiff alleges that she “did not receive the ‘All Natural’ baking mixes she bargained for . . . and has lost money as a result in the form of paying a premium for King Arthur’s Mixes because they were purportedly all natural rather than paying the lesser amount for non-natural alternatives.” The complaint, which also seeks to certify a sub-class of California consumers, alleges common…
Attorneys involved in the settlement of injury claims linked to Salmonella-contaminated eggs traced to Wright County Egg in Iowa have reportedly told the Associated Press that the first checks, issued by the egg producer’s insurer, are on their way to the first of dozens of individuals sickened during the 2010 outbreak. Among the first wave of legal settlements are six-figure checks issued on behalf of several children. Although most of the settlement’s terms are confidential, a federal judge in Iowa apparently approved deals in open court on November 10, 2011, totaling $366,000 for three children residing in California, Iowa and Texas. Because they were hospitalized, they are receiving higher amounts than those not as seriously stricken. See MSNBC. com, November 16, 2011.
A federal court in California has entered an order certifying a class in consolidated lawsuits alleging that the company which produces Nutella® falsely advertises its product as healthy and beneficial to children despite making the hazelnut spread with “dangerous levels of fat and sugar.” In re Ferrero Litig., No. 11-205 (S.D. Cal., decided November 15, 2011). The court limited the class to California consumers, agreeing with the defendant that California law could not be applied to the claims of non-California class members who neither saw the advertisements nor purchased the product in the state. Because the defendant is a Delaware corporation that does business from its New Jersey headquarters and the product is made in Canada, the non-California class members would also have been unable to show that their claims arose out of conduct that occurred in California. The court refused to certify an 11-year class, noting that nationwide TV ads for…
The California Department of Food and Agriculture (CDFA) has issued a statewide recall and quarantine order for raw or unpasteurized milk products implicated in five cases of E. coli O157:H7. According to CDFA, the recall includes raw milk, raw butter, raw cream, raw colostrum, and a raw product called “Qephor” produced by Fresno-based Organic Pastures dairy, which is barred from selling these items “until further notice.” “While laboratory samples of Organic Pastures raw milk have not detected E. coli O157:H7 contamination, epidemiologic data… links [sic] the illnesses with Organic Pastures raw milk,” states a November 15, 2011, CDFA press release explaining that the five known cases apparently involved children whose only common food exposure was unpasteurized milk. The agency has also started “a complete inspection at Organic Pastures dairy—of all facets of operations, from the cows to the bottling plant,” where the quarantine will only be lifted once the facility…
Congress has approved and President Barack Obama (D) has signed a bipartisan agricultural spending bill (H.R. 2112) that will block or delay regulations aimed at making school lunches healthier. Signed into law on November 18, 2011, the bill will, among other things, prohibit the U.S. Department of Agriculture (USDA) from limiting starchy vegetables, such as potatoes, to two servings a week and will continue to allow two tablespoons of tomato paste to count as a vegetable. It will also require further study of USDA’s long-term sodium reduction requirements that would reduce by half the amount of sodium in school meals over the next 10 years. Although some lawmakers claim that the bill will prevent costly regulations and provide school districts greater flexibility in improving the quality of school meals, critics assert that it will keep schools from serving an array of vegetables while allowing foods such as french fries to remain…
The attorneys general of a number of states have submitted a comment to the Federal Trade Commission (FTC) taking issue with several aspects of a proposed settlement agreement with the company that makes the caffeinated alcoholic beverage Four Loko®. Additional information about the proposed settlement appears in Issue 412 of this Update. Attached to the November 16, 2011, letter are numerous Facebook comments by individuals who apparently “like” various Four Loko® photos, press announcements and news items. The AGs express their concern that FTC will allow Phusion “to market as much as 2.5 servings of alcohol (1.5 oz of ethanol) as if it were one serving and avoid the Order’s requirements for label disclosure and resealability, and its prohibition against depicting consumption directly from the can. By condoning the marketing of ‘single serving’ FMBs [flavored malt beverages] with 2.5 servings of alcohol, the Order would undermine federal guidelines for moderate…
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