A recent study examining the shared neurobiological substrates of obesity and addiction has concluded that “there are several identifiable circuits in the brain, whose dysfunctions uncover real and clinically meaningful parallels between the two disorders.” N.H. Volkow, et al., “Obesity and addiction: neurobiological overlaps,” Obesity Reviews, September 2012. According to the study’s authors, “Drugs of abuse tap into the neuronal mechanisms that modulate the motivation to consume food, thus, it is not surprising that there is an overlap in the neuronal mechanisms implicated in the loss of control and overconsumption of food intake seen in obesity and in the compulsive intake of drugs seen in addiction.” In particular, the study considers brain dopamine (DA) pathways and their role in both obesity and addiction, cautioning that the current debate over “food addiction” often oversimplifies behavioral patterns involving environmental and biological factors. As a result, the authors seek to sidestep the debate by…
Category Archives Issue 456
Researchers with the Universities of Sheffield and Sussex recently announced plans to build a computer model of the honey bee brain that would eventually pilot “an autonomous flying robot.” According to an October 2, 2012, press release, the “Green Brain” project aims to produce a tiny flying robot able to sense and act like a live bee for applications ranging from mechanical pollination to search and rescue missions. To this end, Green Brain will rely on high-performance desktop computer processors known as GPU accelerators rather than more expensive supercomputer clusters. “NVIDIA’s GPU accelerators are an important part of the project, as they allow us to build faster models than ever before,” said Thomas Nowotny from the University of Sussex’s Centre for Computational Neuroscience and Robotics. “We expect that in many areas of science this technology will eventually replace the classic supercomputers we use today and pave the way for many…
Mission: Readiness, a non-profit organization of senior retired military leaders, has issued a second report claiming that one in four young adults are still “too overweight to enlist.” Titled “Still Too Fat to Fight,” the latest report alleges that U.S. students “consume almost 400 billion calories from junk food sold at schools each year.” It also cites data from the Robert Wood Johnson Foundation and Centers for Disease Control and Prevention suggesting that efforts to improve school nutrition in New York City, Philadelphia and other cities have led to decreased childhood obesity rates in those areas. Building on its 2010 call-to-action, Mission: Readiness is urging schools and governments to consider limiting the sale of competitive foods in campus vending machines and cafeterias. “Removing the junk food from our schools should be part of nationwide comprehensive action that involves parents, schools, and communities in helping students build stronger bodies with less excess…
According to a recent report published in the Proceedings of the National Academy of Sciences, scientists have successfully engineered a transgenic dairy cow that produces milk with decreased levels of β-lactoglobulin (BLG), a major allergen which is not present in human milk. Anower Jabed, et al., “Targeted microRNA expression in dairy cattle directs production of β-lactoglobulin-free, high-casein milk,” PNAS, October 2012. After testing their hypothesis in a mouse model, New Zealand researchers apparently used a technique called RNA interference to effectively silence the gene responsible for expressing the BLG protein in cow’s milk. The resulting transgenic calf reportedly yielded milk with “no detectable BLG protein” but “more than twice the level of the casein proteins that also normally occur in cow’s milk.” “People have long looked into reducing this enigmatic protein, or completely knocking it out, because there has been no definitive function able to be assigned to it. So, we developed…
An Edmonton, Alberta, resident has filed a putative class action against a beef processor with operations in Alberta and Nebraska, alleging that he became severely ill from consuming the company’s beef, which was recalled in September 2012 due to an E. coli outbreak. Harrison v. XL Foods Inc., No. 1203-14727 (Can. Alta. Q.B., filed October 2, 2012). Seeking to certify province-wide and nationwide classes of plaintiffs “who purchased and/or consumed the Recalled Products,” the plaintiff alleges strict liability, breach of the Fair Trading Act, negligence, waiver of tort/disgorgement, and vicarious liability. He requests punitive and actual damages, as well as non-pecuniary general damages, pecuniary damages, disgorgement of revenues, attorney’s fees, costs, and interest. He also seeks a declaration that the recalled products are contaminated. According to news sources, plaintiff Matthew Harrison fell ill after eating allegedly contaminated steak, purchased at a Costco store, at a friend’s house. He was purportedly…
A California resident has filed a putative class action against General Mills, Inc., alleging that its “100% Natural” labeling and advertising for products such as Nature Valley® Dark Chocolate Peanut Butter Crunchy Granola Bars are misleading because the products contain ingredients grown from genetically modified organisms (GMOs). Rojas v. General Mills, Inc., No. 12-5099 (N.D. Cal., filed October 1, 2012). Contending that the soy, yellow corn flour, soy flour, and soy lecithin in the granola bars are GMO ingredients, the plaintiff does not request that the defendant provide a GMO disclosure; rather, he “only requests Defendant to remove the ‘100% NATURAL’ labeling from its Product.” While the plaintiff’s alleged harm is purely economic, i.e., he did not get the benefit of his bargain, he alleges that GMOs “pose a potential threat to consumers because medical research and scientific studies have yet to determine the long-term health effects of genetically engineered foods.”…
The Animal Legal Defense Fund (ALDF) has filed a putative class action against a large-scale, California-based egg producer alleging that it falsely represents that the eggs are laid by hens “raised in wide open spaces in Sonoma Valley.” ALDF v. Judy’s Family Farm Organic Eggs, No. ___ (Cal. Super. Ct., filed October 1, 2012). According to ALDF, the hens are actually “crammed in covered sheds with no outdoor access.” The animal rights group alleges violations of California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act. The organization cites Michael Pollan’s The Omnivore’s Dilemma, which discussed the defendant and its parent company, also named in the suit, as follows: “Who could begrudge a farmer named Judy $3.49 for a dozen organic eggs she presumably has to get up at dawn each morning to gather? Just how big and sophisticated an operation Petaluma Eggs really is I was never able to…
A federal court in California has denied Nabisco, Inc.’s request that it reconsider a previous ruling granting a motion to remand a consumer fraud class action to state court for failing to satisfy the amount in controversy for diversity jurisdiction under the Class Action Fairness Act. Garcia v. Nabisco, Inc., No. 12-04272 (C.D. Cal., decided September 26, 2012). Because the product targeted by the plaintiff, “Wheat Thins 100% Whole Grain” crackers, is no longer on the market, the court rejected an estimate of expenses that would be incurred, if the plaintiffs succeed, to reformulate product packaging for other newly formulated products, “which are not the subject matter of this action.”
A federal court in Georgia has denied a request to certify a nationwide class of Steak 'n Shake hourly employees in a dispute over alleged violations of the Fair Labor Standards Act, finding that class members are not similarly situated to the named plaintiffs or to each other. Beecher v. Steak 'n Shake Operations, Inc., No. 11-04102 (N.D. Ga., decided September 27, 2012). The putative class would have involved some 65,000 employees working in more than 400 corporate restaurants in five different U.S. regions. They alleged that restaurant managers were authorized to and did in fact change time records in bad faith and thus did not compensate them for all of their work or paid them less than minimum wage. According to the court, the evidence showed that restaurant managers had a number of legitimate reasons for altering time records. For example, if the clock in/clock out times did not correctly…
A federal court in the District of Columbia has dismissed the declaratory judgment action that POM Wonderful filed against the Federal Trade Commission (FTC) shortly before the Commission brought an enforcement action against the pomegranate product producer. POM Wonderful LLC v. FTC, No. 10-1539 (D.D.C., decided September 30, 2012). More information about the complaint and FTC’s motion to dismiss appears in Issues 364 and 373 of this Update. According to the court, “[t]he balance of relevant factors counsels against exercising jurisdiction over this action.” Among other matters, the court found that (i) the declaratory judgment action would not fully resolve the parties’ claims because they would “still have to litigate whether POM’s health claims about its products were false, misleading, and unsubstantiated in violation of the FTC Act”; (ii) “other overlapping proceedings are pending” and POM can raise arguments in those proceedings that it has raised in the declaratory judgment…
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