A recent meta-analysis of prospective cohort studies has claimed that “higher white rice consumption was associated with a significantly elevated risk of type 2 diabetes.” Emily Hu, et al., “White rice consumption and risk of type 2 diabetes: systemic review,” BMJ, March 2012. Harvard School of Public Health researchers apparently examined four articles with “seven distinct prospective cohort analyses in Asian and Western populations” that included a total of 13,284 incident cases of type 2 diabetes among 352,384 participants. The results purportedly suggested that the correlation “seems to be stronger for Asians than for Western populations,” with each serving per day of white rice “associated with an 11% increase in risk of diabetes in the overall population.” The authors also speculated on potential mechanisms to explain the association, especially among Asian populations where “white rice is consumed as a staple food” and “is the predominant contributor to dietary glycaemic load.” As…
Category Archives Issue 432
“The ‘calorie is a calorie’ argument is widely used by the processed food industry to explain that weight loss isn’t really about what you eat but about how many calories you eat,” writes New York Times columnist Mark Bittman in a March 20, 2012, “Opinionator” post about Marion Nestle and Malden Nesheim’s new book, Why Calories Count: From Science to Politics (University of California Press 2012). Initially interested in how calories are processed by the human body, Bittman concludes after interviewing Nestle that “the situation is not so simple,” with many factors beside calorie intake determining how metabolism regulates weight. “It’s hard to lose weight, because the body is set up to defend fat, so you don’t starve to death;” explains Nestle, “the body doesn’t work as well to tell people to stop eating as when to tell them when to start.” Nestle suggests that more is needed to reduce…
The U.K.-based Chemicals, Health and Environment Monitoring (CHEM) Trust has issued a March 2012 report claiming that recent studies have linked “hormone disrupting chemicals in food and consumer products” to obesity and Type 2 diabetes in humans. The report apparently analyzes 240 research papers offering epidemiological or laboratory evidence to suggest that certain chemicals—such as persistent organic pollutants (POPs), bisphenol A (BPA) and phthalates—are obesogenic or diabetogenic. “The chemicals implicated include some to which the general population are typically exposed on a daily basis,” states the report, which also speculates that some “endocrine disrupting chemicals” (EDCs) stored in body fat “may play a role in the causal relationship between obesity and diabetes.” Based on its findings, CHEM Trust argues that obesity prevention strategies like dietary interventions “should not obscure the need for government policies within and outside the health sector” to reduce chemical exposure through the food chain, food containers…
A recent opinion piece published in Nature Reviews Neuroscience has questioned efforts to conceptualize obesity and overeating “as a food addiction accompanied by corresponding brain changes,” in the process raising concerns about the rush to adopt this model as a foundation for clinical and policy recommendations. Hisham Ziauddeen, et al., “Obesity and the brain: how convincing is the addiction model?,” Nature Reviews Neuroscience, April 2012. From the outset, the article distinguishes between two popular views of food addiction, one of which posits that certain foods are addictive and one of which attempts to define food addiction as a “behavioral phenotype” seen in some people with obesity that “resembles drug addiction.” In light of these differing perspectives, the article reviews the “five key pieces of evidence cited in support of addiction model,” that is, (i) “a clinical overlap between obesity (or, more specifically BED [binge-eating disorder]) and drug addiction”; (ii) “evidence of…
Del Monte Fresh Produce has reportedly informed Oregon Public Health and state Senior Epidemiologist William Keene that it will not act on its notice to sue over their identification of the company’s imported cantaloupes as the source of a 2011 Salmonella outbreak. Additional details about the litigation threat appear in Issue 408 of this Update. While a spokesperson refused to comment on the company’s action, its letter apparently indicated that the withdrawal was “a show of good faith” in its food safety discussions with the state; it is seeking a meeting with state food safety scientists. Del Monte Fresh Produce also sued the Food and Drug Administration (FDA), claiming that the agency lacked an adequate factual basis to conclude that the company’s Guatemalan cantaloupe supplier was the source of the contamination. The company sought to lift FDA’s import alert which prohibited it from importing from its Guatemalan source without proving the…
Two California men who allegedly worked as cooks at a Riverside County Olive Garden have filed a putative class action as private attorneys general under the California Labor Code, claiming that they performed off-the-clock work, were not provided meal or rest breaks as required by law or paid overtime, and had the cost of shoes deducted from their paychecks. Romo v. GMRI, Inc., No. RIC1203891 (Cal. Super. Ct., Riverside Cty., filed March 19, 2012). They also claim that their employer failed to pay them promptly as required by law when they left their jobs. They seek to represent all non-exempt or hourly paid Olive Garden employees in the state. According to the complaint, the off-the-clock and overtime work the plaintiffs performed was necessitated due to the volume of work and frequent understaffing. Claiming unpaid overtime, unpaid minimum wages, non-compliant wage statements, unlawful deductions, and wages not timely paid upon termination,…
A company that insured Basic Food Flavors Inc. has asked a court to approve its settlement in a coverage dispute concerning a 2010 Salmonella outbreak involving hydrolyzed vegetable protein, a flavorings ingredient used in processed foods. Employers Fire Ins. Co. v. Basic Food Flavors Inc., 10-1109 (D. Nev., motion to approve settlement filed March 21, 2012). The ensuing recall apparently affected more than 100 of Basic Food’s customers, in addition to downstream suppliers, distributors and retailers. Under the agreement, the insurance company agreed to pay its coverage limits of $11 million. According to a news source, a neutral administrator has approved more than $34 million in claims against Basic Food. See Law 360, March 22, 2012.
A federal court in New York has reportedly consolidated three putative class actions against Frito-Lay North America Inc. involving claims that the company falsely advertised its chips as “all natural” despite using genetically modified corn and oil in the products. In re: Frito-Lay N. Am. Inc. “All-Natural” Litig., No. 12-00408 (E.D.N.Y., order entered March 20, 2012). Two of the suits were filed in December 2011 in California, and the plaintiffs agreed to transfer the claims to New York where a similar action had been filed in January 2012. The parties reportedly stipulated to the consolidation “to streamline the litigation and conserve judicial resources.” See Law 360, March 21, 2012.
A California resident has filed a putative class action in federal court against the Jamba Juice Co., alleging that it falsely advertises its fruit smoothie kits as “All Natural,” when they actually contain “unnaturally processed, synthetic and/or non-natural ingredients,” such as ascorbic acid, citric acid, xanthan gum, and steviol glycosides. Anderson v. Jamba Juice Co., No. 12-1213 (N.D. Cal., filed March 12, 2012). Plaintiff Kevin Anderson brings the action in federal court under the Class Action Fairness Act, claiming that the damages will exceed $5 million and that the class includes more than 100 individuals who have citizenship diverse from that of the defendant. Anderson alleges that he and a nationwide class of consumers “did not receive the benefit of their bargain when they purchased the smoothie kits. They paid money for a product that is not what it claims to be.” Contending that the defendant “is a leading healthy…
A federal magistrate judge in New York has ordered the Food and Drug Administration (FDA) to begin proceedings to withdraw approval for the subtherapeutic use of certain antibiotics in animal feed, agreeing with the Natural Resources Defense Council (NRDC) and a coalition of advocacy organizations that the agency had a statutory duty to hold withdrawal proceedings after issuing notices in 1977 of its intent to withdraw approval because the use of such drugs had not been shown to be safe. NRDC v. FDA, No. 11-3562 (S.D.N.Y., decided March 22, 2012). According to the court, “if the Secretary finds that an animal drug has not been shown to be safe, he is statutorily required to withdraw approval of that drug, provided that the drug sponsor has notice and an opportunity for a hearing.” Further details about the lawsuit appear in Issue 396 of this Update. Questions about whether the agency has…
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