A California-based seafood company has reportedly been sentenced in federal court for knowingly selling mislabeled frozen fish fillets. United States v. Seafood Solutions, Inc., No. 11-297 (C.D. Cal., sentencing February 6, 2012). Seafood Solutions, Inc. agreed to plead guilty to the charge in July 2011, as part of a federal investigation into companies that had been selling Asian catfish imports under other labels to avoid anti-dumping duties. Under the terms of the agreement, the company was fined $700,000 and will pay an additional $300,000 to the National Fish and Wildlife Foundation. Two California men also pleaded guilty in connection with the scam and are apparently scheduled for sentencing on February 12, 2012. See Law360, February 7, 2012.
Category Archives Issue 427
A recent study has claimed that bisphenol A (BPA) exposure causes pancreatic cells to secrete increased amounts of insulin, thereby raising questions about the substance’s effect on insulin resistance, type 2 diabetes and obesity. Sergi Soriano, “Rapid Insulinotropic Action of Low Doses of Bisphenol-A on Mouse and Human Islets of Langerhans: Role of Estrogen Receptor β,” PLoS One, February 2012. Researchers evidently used pancreatic β-cells, which produce insulin, as well as whole islets of Langerhans from human donors to demonstrate that “environmentally relevant doses of BPA (1 nM) stimulated glucose-induced insulin secretion in human islets, giving a response which is almost twice the insulin release elicited by a stimulatory glucose concentration, 8 mM.” According to media sources, the study pinpoints the mechanism by which BPA is thought to influence insulin production in pancreatic cells. “When you eat something with BPA, it’s like telling your organs that you are eating more…
Environmental health activists in Maine are reportedly campaigning to extend the state’s current ban on bisphenol A (BPA) in baby bottles, sippy cups and reusable food containers to all food containers within three years. Spearheaded by the Alliance for a Clean and Healthy Maine, the effort follows a chemical analysis funded by the group that detected BPA in baby and toddler foods. According to the activists, 15 food containers were sent to a San Francisco independent lab to test for BPA, a packaging chemical used as an epoxy liner inside metal food cans and metal lids of glass jars, that has allegedly “been linked to cancer, obesity, learning disabilities, male infertility, and early puberty in girls.” Test results found BPA in 11 of 12 baby food containers manufactured by BeechNut, Gerber, Earth’s Best Organic, and Shaw’s Wild Harvest Brand and in all three canned foods featuring Campbell’s Original Disney Princess…
A university lecturer in global health politics at the University of Oxford has called for the World Health Organization (WHO) to use a “vastly underused” mechanism, a legally binding framework convention requiring just a two-thirds vote, to address the health burdens and mortality purportedly attributed to alcohol consumption. In the February 16, 2012, issue of Nature journal, Devi Sridhar, D.Phil., points to WHO’s Framework Convention on Tobacco Control as one of just two such treaties adopted in more than 60 years. These conventions impose legal requirements on member states, which commit to applying the agreement through national legislation and must report their progress to WHO. According to Sridhar, “2.5 million deaths a years, almost 4% of all deaths worldwide, are attributed to alcohol—more than the number of deaths caused by HIV/ AIDS, tuberculosis or malaria. Alcohol consumption is the world’s third-largest risk factor for health burden; in middle-income countries, which…
The Center for Environmental Health has filed a notice of violation under California’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65) to inform the manufacturer and retailers of several carbonated soft drinks containing caramel coloring that it will file a citizen enforcement lawsuit against them for violating Prop. 65’s warning provision since January 7, 2012, with respect to 4-methylimidazole (4 MEI). According to the notice, “No clear and reasonable warning is provided with these products regarding the carcinogenic hazards associated with 4-MEI exposure.” The notice also states that the lawsuit will be filed unless each “alleged violator enters into a binding written agreement to remedy the violations alleged herein by: (1) recalling products already sold; (2) reformulating such products to eliminate the 4-MEI exposure or taking appropriate measures to otherwise comply with Proposition 65; and (3) paying an appropriate civil penalty based on the factors enumerated” in California’s Health…
A Georgia resident has filed a complaint in federal court on behalf of a statewide class of consumers allegedly misled about the purported health benefits of POM Wonderful’s pomegranate products. Templeton v. POM Wonderful, LLC, No. 12-53 (S.D. Ga., filed February 16, 2012). According to the complaint, the company promotes its products “as having special health benefits, including but not limited to, the prevention[,] mitigation, and/or treatment of the following: (a) Atherosclerosis; (b) Blood Flow/Pressure; (c) Prostate Cancer, (d) Erectile Function; (e) Cardiovascular Disease; (f) Reduce LDL Cholesterol; (g) and other age-related medical conditions.” Citing investigations by the National Advertising Division of the Council of Better Business Bureaus, the U.K.’s Advertising Standards Authority, U.S. Food and Drug Administration, and U.S. Federal Trade Commission, the plaintiff claims that these promotions are not substantiated by medical evidence. Alleging violations of the Georgia Uniform Deceptive Trade Practices Act and unjust enrichment, the plaintiff…
Frito-Lay North America, Inc. has filed a trademark and patent infringement lawsuit in a Texas federal court against a company that purportedly makes a similar tortilla chip product and sells it in similar packaging. Frito-Lay N. Am., Inc. v. Medallion Foods, Inc., No. 12 00074 (E.D. Tex., filed February 10, 2012). At issue are Frito-Lay’s TOSTITOS SCOOPS! ® tortilla corn chips, which have a distinctive shape for use with salsa, guacamole and other dips. According to the complaint, Frito-Lay has registered the shape, brand design, and product and brand names as marks with the U.S. Patent and Trademark Office and holds several patents for the processes and systems used to manufacture the chips. The defendant makes and sells a product called BOWLZ, which Frito-Lay alleges infringes its marks, trade dress and patents. With counts for federal trademark infringement, trade dress infringement and unfair competition, federal trademark dilution, patent infringement, common law…
A federal court in Pennsylvania has granted the U.S. government’s motion for summary judgment and permanently enjoined a Pennsylvania dairy farmer from selling raw milk and milk products in interstate commerce. United States v. Allgyer, No. 11-02651 (E.D. Pa., decided February 2, 2012). According to the court, Daniel Allgyer’s interstate sales of raw milk were discovered through an undercover investigation that involved placing online orders for the product through a membership-only group. Members were cautioned by the website to “not share information” about the group with government agencies or doctors. The Food and Drug Administration (FDA) apparently purchased some of the milk for delivery out of state, and independent testing confirmed that it was unpasteurized. FDA warned the farmer to stop violating federal law, but he continued to make deliveries to out-of-state consumers through a different membership organization. The court rejected the defendant’s arguments that summary judgment should not be…
According to a news source, the United States and Canada have begun to develop a coordinated model framework to regulate nanomaterials. A draft plan, unveiled during a January 2012 meeting of the U.S.-Canada Regulatory Cooperation Council involving officials with the U.S. Office of Management and Budget (OMB) and Environment Canada, identifies the following as the “deliverable outcome”: “Share information and develop common approaches, to the extent possible, on foundational regulatory elements, including criteria for determining characteristics of concern/no concern, information gathering, approaches to risk assessment and management, etc. Develop joint initiatives to align regulatory approaches in specific areas such that consistency exists for consumers and industry in Canada and the US.” Industry officials attending the meeting were reportedly cautiously optimistic about the initiative. They urged government representatives to build on the work already done by European regulators to maintain some consistency, but also suggested that American officials move away from…
The Office of the U.S. Trade Representative (USTR) has announced a “historic new partnership” with the European Union that recognizes its organic standards as essentially equivalent to those administered by the U.S. Department of Agriculture (USDA). Effective June 1, 2012, the trade agreement will allow organic products certified by EU or USDA officials to be sold “as organic in either region.” “Previously, growers and companies wanting to trade products on both sides of the Atlantic had to obtain separate certifications to two standards, which meant a double set of fees, inspections and paperwork,” explains a February 15, 2012, USTR press release. “This partnership eliminates significant barriers, especially for small and medium-sized organic producers. All products meeting the terms of the partnership can be labeled as certified organic produce, meat, cereal, or wine.” According to USTR, the two parties conducted “thorough on-site audits” to ensure that their organic programs were compatible.…
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