Category Archives Issue 431

A study has claimed that trans fat consumption among healthy postmenopausal women is associated with an increased risk for ischemic stroke, although extended aspirin use seemed to mitigate that risk. Sirin Yaemsiri, et al., “Trans Fat, Aspirin, and Ischemic Stroke in Postmenopausal Women,” Annals of Neurology, March 2012. Researchers relied on data from 87,025 women ages 50 to 70 years who were enrolled in the Women’s Health Initiative Observational Study, identifying 1,049 cases of ischemic stroke during the 663,041 person years of follow-up. The results evidently suggested that “women in the highest quintile of trans fat intake had a 39 percent greater incidence of ischemic stroke than women in the lowest quintile.” Moreover, this risk was apparently amplified among the group of non-aspirin users, where those in the top quintile of trans fat intake had a 66 percent higher incidence of ischemic stroke than those in the lowest quintile. Among aspirin…

A study based on 42,883 men enrolled in the Health Professionals Follow-up Study has allegedly determined that those who drank one 12 ounce sugar-sweetened beverage (SSB) per day increased their coronary heart disease (CHD) risk by 20 percent over those who did not drink any SSBs. Lawrence de Koning, et al., “Sweetened Beverage Consumption, Incident Coronary Heart Disease and Biomarkers of Risk in Men,” Circulation, March 2012. Led by Harvard School of Public Health researchers Lawrence de Koning and Frank Hu, the study, which reported 3,683 CHD cases over 22 years of follow-up, concluded that participants “in the top quartile of sugar-sweetened beverage intake had a 20 percent higher relative risk of CHD than those in the bottom quartile” while also exhibiting “some adverse changes in lipids, inflammatory factors, and leptin.” “This study adds to the growing evidence that sugary beverages are detrimental to cardiovascular health. Certainly, it provides strong justification for…

A recent Harvard School of Public Health (HSPH) study has claimed that daily meat consumption is associated with an increased risk of mortality from cardiovascular disease (CVD), cancer and other causes. An Pan, et al., “Red Meat Consumption and Mortality,” Archives of Internal Medicine, March 2012. Relying on data from 37,698 men in the Health Professionals Follow-up Study and 83,644 women in the Nurses’ Health Study, researchers assessed participant diets using questionnaires administered every four years. The results reportedly suggested that consuming one three-ounce serving of unprocessed red meat each day “was associated with a 13% increased risk of mortality,” while one daily serving of processed red meat such as bacon, sausage or salami “was associated with a 20% increased risk.” According to a March 12, 2012, HSPH press release, the findings accounted for “chronic disease risk factors such as age, body mass index, physical activity, family history of heart…

A marketing company that bills itself as a “champion of authentic green marketing” and crusades against product “greenwashing” claims has launched a new website on which the health-related claims of food and fitness products can be rated. EnviroMedia Social Marketing created the online tool to expose “exaggerated or misleading health claims through advertising, marketing or packaging,” a practice it has dubbed “leanwashing.” When visited on March 15, 2012, the website, which uses a 1-5 rating scale with 1 corresponding to “authentic” ad claims and 5 corresponding to “bogus” product representations, listed a number of sugary cereal products at the high end of the scale and products such as POM Wonderful 100% Pomegranate juice on the low end. Children’s products are rated using a separate set of criteria. Consumers are urged to post and rate ads on the site. See BusinessWire, March 13, 2012.

According to news sources, a 25-year-old trade dispute pitting European Union (EU) laws prohibiting the import of beef treated with growth hormones and U.S. and Canadian trade sanctions imposing hundreds of millions of dollars of duties on EU exports of Roquefort cheese, truffles, chocolates, and other comestibles has been resolved. The U.S. and Canadian tariffs reportedly cost EU exporters more than US$250 million annually. In exchange for lifting a 100 percent ad valorem duty against EU products, the EU has agreed to increase quotas on imports of hormone-free beef to 48,200 metric tons under the deal. The agreement will allow the EU to maintain its ban on imports of hormone treated beef. Additional details about the dispute appear in Issues 103, 255, 262, 278, and 289 of this Update. See Law 360 and European Parliament News, March 14, 2012.

An Alabama resident has reportedly filed seven lawsuits in federal court against companies that make or sell orange juice products advertised as 100 percent pure or natural when they are actually “a product of industrial processing and laboratory-flavored juices.” Veal v. Tropicana Prods., Inc., No. 12-00804 (N.D. Ala., filed March 13, 2012). John Veal apparently alleges breach of contract and breach of warranty against each defendant on behalf of nationwide classes of consumers. According to a news source, he claims that he would not have purchased the products had he known the truth about their contents and would not have paid the higher prices charged for them. Among those sued were Simply Orange Juice Co., Tropicana Products Inc. and Winn Dixie Stores Inc. See Everything Alabama Blog, blog.al.com, March 15, 2012.

A federal court in California has refused to dismiss most of the putative class claims filed by a consumer against a company that made an alcoholic beverage containing high levels of caffeine, finding that a federal alcohol labeling law did not preempt state-law claims based on labeling or advertising and that the allegations of economic injury are sufficient to establish standing under California’s Unfair Competition Law (UCL). Cuevas v. United Brands Co., Inc., No. 11-991 (S.D. Cal., order entered March 8, 2012). The defendant manufactured and sold JOOSE®, a flavored beverage with about 125 mg caffeine and 9.9 to 12 percent alcohol, from 2007 until it voluntarily removed the product from the market in December 2010 after receiving a warning letter from the Food and Drug Administration (FDA). The plaintiff allegedly purchased the product on two occasions in April and August 2010 and subsequently filed suit alleging that the defendant violated…

California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has added methanol to the list of chemicals known to the state to cause reproductive toxicity (Prop. 65). The listing, which is effective as of March 16, 2012, is based on the National Toxicology Program’s identification of the chemical as a reproductive toxicant. Because the chemical forms naturally in fruits and vegetables that contain pectin, OEHHA has determined that “methanol that is the by-product of naturally occurring pectin in the food is not considered an exposure under Section 25501. This applies to consumption of both unprepared and prepared fruits and vegetables.” This exception does not apply, however, where pectin is intentionally added “in the production or processing of food, or to nonfood exposures.” According to OEHHA, methanol is formed when “fruits and vegetables are physically prepared for consumption by methods that include, but are not limited to, slicing, chopping, pureeing and…

Polish officials have reportedly withdrawn from commerce more than 500,000 pounds of food possibly contaminated with industrial salt intended for de-icing roads in winter conditions. According to media sources, Poland’s Central Bureau of Investigation has arrested five individuals accused of selling road salt to food processors for use in dairy, fish, meat, and baked goods. The Chief Sanitary Inspectorate (GIS) has since identified the non-iodized salt, which contains “minimal” levels of dioxin and heavy metals, at 48 different locations, but has reportedly emphasized the overall low risk to human health. “It can be concluded with a very high probability that the amounts of these compounds per 100 g of the food products do not pose a health hazard,” one GIS investigator was quoted as saying. See Polskie Radio, February 27 and March 7, 2012; Warsaw Business Journal, March 5, 2012; EurActiv.com, March 7, 2012. Despite this finding and the precautionary…

The Centers for Disease Control and Prevention (CDC) has released an analysis showing that disease outbreaks linked to imported foods apparently increased in 2009 and 2010. CDC experts reviewed data collected by the Foodborne Disease Outbreak Surveillance System from 2005 to 2010, finding that 39 outbreaks and 2,348 illnesses were tied to imported foods from 15 countries. According to CDC, 17 of the 39 outbreaks occurred in 2009 and 2010. Since 2005, imported fish was the most common source with 17 total outbreaks, followed by spices with six outbreaks, including five from fresh or dried peppers. Nearly 45 percent of the imported foods linked to outbreaks came from Asia. “It’s too early to say if the recent numbers represent a trend, but CDC officials are analyzing information from 2011 and will continue to monitor for these outbreaks in the future,” said CDC epidemiologist and lead author Hannah Gould. See CDC…

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