Category Archives Issue 422

A recent study has reportedly suggested a link between red and cooked meat consumption and renal cell carcinoma (RCC). Carrie Daniel, et al., “Large prospective investigation of meat intake, related mutagens, and risk of renal cell carcinoma,” The American Journal of Clinical Nutrition, December 2011. Researchers apparently monitored approximately 492,000 participants over nine years using a “detailed dietary assessment linked to a database of heme iron, heterocyclic amines (HCA), polycyclic aromatic hydrocarbons (PAHs), nitrate, and nitrite concentrations in cooked and processed meats.” According to the study abstract, the results revealed that participants who consumed approximately 2.2 ounces of cooked red or processed meat per 1,000 calories were 19 percent more likely to be diagnosed with RCC than those consuming less than 0.3 ounces per 1,000 calories. “Red meat intake may increase the risk of RCC through mechanisms related to the cooking compounds BaP and PhIP,” speculated the study’s authors, who…

Researchers have reportedly identified a new threat to North American honeybees after discovering evidence of a parasitic “zombie” fly infestation in some bee populations. Andrew Core, et al., “A New Threat to Honey Bees, the Parasitic Phorid Fly Apocephalus borealis,” PLOS One, January 2012. According to the study, scientists detected a known paper-wasp and bumblebee parasite, the phorid fly Apocephalus borealis, in 77 percent of honeybee hives sampled in the San Francisco area, as well as in commercial hives located in South Dakota and California’s Central Valley. Known to manipulate behavior in other arthropods such as fire ants, phorid flies apparently cause their honeybee hosts to abandon the hive and die, at which point “up to 13 phorid larvae emerge from each dead bee and pupate away from the bee.” The parasite could thus be one of the multiple factors contributing to colony collapse disorder (CCD), suggested the researchers, who also noted…

A recent report issued by the British Heart Foundation (BHF) and Children’s Food Campaign (CFC) has described online food marketing to children as “pervasive,” with more than 75 percent of websites targeting children with high fat, sugar and salt (HFSS) products “linked to a corresponding product or brand page on a social networking site” such as Facebook or Twitter. Titled “The 21st century gingerbread house: How companies are marketing junk food to children online,” the report concluded that 80 percent of 100 food brand websites analyzed between April and July 2011 did not meet the Food Standard Agency’s nutrient profiling standards for advertising during children’s TV programming. In particular, the report highlighted the use of (i) “bespoke websites which appeal to children through the use of language intended for, spoken by or directly to children”; (ii) “brand characters, cartoons and animations which are enormously popular with children”; (iii) “free gifts including…

Yale University’s Rudd Center for Food Policy & Obesity recently published a study claiming that “children are disproportionately targeted by food company Websites using branded computer games, known as advergames,” which allegedly promote “calorie-dense nutrient-poor foods.” Jennifer Harris, et al., “US Food Company Branded Advergames on the Internet: Children’s exposure and effects on snack consumption,” Journal of Children and Media, November 2011. According to the study’s abstract, Rudd Center researchers found that 1.2 million children visit food company advergame sites every month and that “playing these games increases children’s consumption of junk food.”

Putative class actions have been filed in New Jersey and California federal courts against Tropicana Products, Inc., alleging that the company misleads consumers by labeling and marketing its orange juice as “100% pure and natural,” when it actually “undergoes extensive processing which includes the addition of aromas and flavors.” Lynch v. Tropicana Prods., Inc., No. 11-07382 (D.N.J., filed December 19, 2011); Lewis v. Tropicana Prods., Inc., No. 12-00049 (E.D. Cal., filed January 6, 2012). Both plaintiffs seek to certify nationwide classes. The New Jersey plaintiff alleges unjust enrichment, breach of express warranty, violation of the New Jersey Consumer Fraud Act, and injunctive and declaratory relief. He requests compensatory, treble and punitive damages; prejudgment interest; restitution; injunctive relief; attorney’s fees; and expenses and costs of suit. The California plaintiff, who also seeks to certify a subclass of California consumers, alleges unjust enrichment; breach of express warranty; violation of the state Consumers…

Seeking to certify a nationwide settlement class, excluding California consumers, in litigation against the company that makes the hazelnut spread Nutella®, two named plaintiffs alleging deceptive product marketing have filed their brief in support of preliminary approval of a class settlement. In re: Nutella Mktg. & Sales Practices Litig., No. 11-1086 (D.N.J., brief filed January 10, 2012). According to the plaintiffs, the company has agreed to cease the advertising at issue, begin a revised and corrective labeling and advertising campaign, change its website, and establish a $2.5 million settlement fund. Under the proposed agreement, settlement class members could submit claims for $4 per jar purchased during the class period and recover up to a maximum of $20. Nutella would also apparently agree not to oppose class counsel fees less than $3 million. According to the plaintiffs’ brief, similar litigation pending in California is also being settled. Twelve named plaintiffs in four…

According to news sources, the Center for Food Safety, which lost its challenge to the U.S. Department of Agriculture’s (USDA’s) decision to deregulate without restriction genetically engineered (GE) alfalfa, plans to appeal the matter to the Ninth Circuit Court of Appeals. A federal court in California determined on January 5, 2012, that the law does not require the agency to “account for the effects of cross-pollination on other commercial crops” in assessing whether a new crop poses risks. U.S. District Judge Samuel Conti also reportedly said that USDA lacks the authority to require a buffer zone between GE crops and conventional or organic crops. Noting that the Environmental Protection Agency (EPA) has approved the use of glyphosate on Roundup Ready® alfalfa, Conti further observed, “If plaintiffs’ allegations are true, then it is disturbing that EPA has yet to assess the effects of glyphosate on most of the species found near…

The New York City Health Department has launched a “hard-hitting” ad campaign encouraging subway riders to cut their portions of food and sugary drinks to reduce the health risks associated with obesity. One poster, for example, depicts a diabetic man with an amputated leg with the tagline, “Cut Your Portions, Cut Your Risk.” “The portion sizes that are marketed are often much more than humans need,” Health Commissioner Thomas Farley said. “We are warning people about the risks of super-size portions so they can make more informed choices about what they eat. Consuming too many calories can lead to weight gain, which greatly increases the risk of type 2 diabetes.” The American Beverage Association (ABA) has reportedly criticized the campaign, claiming that it inaccurately depicts the health impacts of soft drink consumption. “Instead of utilizing scare tactics, the beverage industry is offering real solutions like smaller portioned containers and new…

The Constitutional Council of France recently approved a tax on sweetened soft drinks to combat the healthcare-related costs of obesity. Effective January 1, 2012, the tax adds 1 euro cent per can and is expected to generate €120 million ($156 million) in state revenue to fund lower Social Security contributions by farm workers. “Obesity is rising as swiftly in France as it is in other EU countries and action must be taken before it gets any more serious,” a French health ministry spokesperson was quoted as saying. See France 24, December 28, 2011; Daily Mail, December 29, 2011.

A petition reportedly signed by more than one million citizens has urged the European Union (EU) to impose stricter rules on the transportation of livestock intended for slaughter. Initiated by World Horse Welfare, the petition challenged current EU regulations allowing transportation times to exceed 24 hours and instead requested an eight-hour maximum on all such journeys. With more than one million signatures needed to trigger a legislative review under the Lisbon Treaty, the long-running campaign evidently gained traction after a November 2011 European Commission (EC) report highlighted alleged failings in the enforcement of livestock welfare regulations. Meanwhile, Danish Socialist Member of Parliament (MEP) Dan Jørgensen has already collected pledges from 119 MEPs in an effort to acquire 378 signatures by March 15, 2012, at which point the European Parliament says it will officially back the measure. “I definitely expect the commission to act on this,” said Jørgensen. “The commission always…

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