Lindt & Spruengli AG is once again facing trademark litigation over its gold-wrapped chocolate candy, this time for its “Teddy,” which Haribo GmbH claims infringes its “Gold-Bears” multi-colored gummy bears product. Lindt was unable to secure a European Union (EU) trademark for its chocolate bunny, but was able to stop Hauswirth in Austria from manufacturing Easter bunnies resembling its bunny. Lindt did not succeed in similar litigation against Reigelein in Germany. Additional information about the EU Court of Justice ruling rejecting the bunny registration appears in Issue 441 of this Update. Lindt and Haribo apparently agreed to ask a German court to resolve their dispute, and an initial hearing occurred in Landgericht Köln in October 2012. The final hearing is scheduled for December 18. Lindt has reportedly indicated that it specifically avoided marketing its bear shaped candy as a “Gold Teddy,” but Haribo complains that the product nevertheless infringes its…
Category Archives Issue 462
University of California, Los Angeles, and University of California, Davis, researchers have published a study examining the health effects of foodborne toxin exposure in children and adults. Rainbow Vogt, et al., “Cancer and noncancer health effects from food contaminant exposures for children and adults in California: a risk assessment,” Environmental Health, November 2012. Based on self-reported food frequency data as well as food chemical levels obtained from publicly available databases, the study estimated exposure to multiple food contaminants for preschool age children (2-4 years), school-age children (5-7 years), parents of young children, and older adults. The results allegedly showed that cancer benchmark levels “were exceeded by all children (100%) for arsenic, dieldrin, DDE, and dioxins,” while non-cancer benchmarks were exceeded by more than 95 percent of preschool-age children for acrylamide and by 10 percent of preschool-age children for mercury. The data also indicated that “the greatest exposure to pesticides from…
A recent study has allegedly linked cattle farming to an “increased prevalence of self-reported symptoms associated with peripheral neuropathy,” raising questions about the role of Campylobacter jejuni infection in Guillain-Barré Syndrome (BGS). Leora Vegosen, et al., “Neurologic Symptoms Associated with Cattle Farming in the Agricultural Health Study,” Journal of Occupational and Environmental Medicine, October 2012. According to the study, C. jejuni “is the most frequently identified antecedent to [GBS],” “the leading cause of acute flaccid paralysis in the United States and worldwide.” Relying on data from 8,887 cattle farmers enrolled in the Agricultural Health Study, which originally sought to assess associations between pesticides and certain health outcomes, researchers concluded that “the prevalence of both reported numbness and weakness was increased in cattle farmers as a group” compared to farmers without livestock exposure. “This association is consistent with, but does not specifically indicate, an association between occupational exposures in cattle farming…
The Centers for Disease Control and Prevention (CDC) has released a study claiming that on any given day, adult consumers of alcoholic beverages imbibe approximately 16 percent of their total caloric intake from alcoholic beverages— “the same contribution to overall calories as the 16 [percent] from added sugars among U.S. children.” Samara Joy Nielsen, et al., “Calories Consumed from Alcoholic Beverages by U.S. Adults, 2007-2010,” NCHS Data Brief, November 2012. According to the study, which used data from the National Health and Nutrition Examination Survey, the adult population consumes on average “almost 100 calories per day from alcoholic beverages.” Divided between the sexes, however, the data reportedly showed that men drank 150 calories worth of alcoholic beverages each day whereas women consumed “a little over” 50 calories. “We’ve been focusing on sugar-sweetened beverages. This is something new,” said CDC epidemiologist and study co-author Cynthia Ogden. In particular, the study noted…
New York University Nutrition Professor Marion Nestle recently gave an interview to Childhood Obesity’s features editor, Jamie Devereaux, on healthy food access, the role of packaged foods in diets, and “the topic of peer pressure in eating fast food, sugar-sweetened beverages, and brand-name snacks.” While supporting federal policy to increase fresh fruit and vegetable consumption in low-access areas, Nestle noted barriers to cooking at home such as a lack of proper equipment and a narrow food selection exacerbated by income inequality. But she also blamed industry for allegedly fostering peer pressure among young consumers to choose certain foods and beverages above others. “Food marketers deliberately target children and adolescents for marketing, much of it designed to associate the product to the emotional gains from peer bonding,” Nestle opined. “The purpose of food advertising is to make kids think they are supposed to be eating kids’ food—food made just for them—and that they know…
According to a November 5, 2012, New York Times article, technology and media companies have joined trade groups and marketing associations in opposing the Federal Trade Commission’s (FTC’s) efforts to update provisions implemented under the Children’s Online Privacy Protection Act (COPPA). As regulators look to expand the types of data-collection activities covered by COPPA, companies such as Facebook, Google and Twitter have reportedly pushed back against these proposals as unduly onerous and likely to stifle all web-based services created for children. Industry analysts have purportedly noted that once FTC requires parental consent for companies to use customer code numbers to track children, the agency “might someday require… similar consent for a practice that represents the backbone of digital marketing and advertising—using such code numbers to track the online activities of adults.” Furthermore, social media platforms have apparently taken issue with a plan to hold third parties liable “if they know…
PepsiCo, Inc. has reportedly launched a “fat-blocking” soda in Japan, sparking media interest in the latest product to take advantage of a Japanese government study finding that the water-soluble fiber supplement dextrin blocks fat absorption in the digestive system. According to various sources, “Pepsi Special” containing “indigestible dextrin” has received a “Food for Specified Heath Uses” label in Japan, which awards the designation to products with a demonstrated health benefit. Although Pepsi Special will not be available in markets outside Japan, the product has already attracted criticism from scientists and consumer groups questioning whether dextrin is as safe and effective as advertised. “Unless Pepsi can provide data from controlled studies in humans to the contrary, their claim should be regarded as bogus and deceptive,” Harvard School of Public Health Chair of Nutrition Walter Willett told Time magazine. This sentiment was echoed by Center for Science in the Public Interest Executive Director…
The Obesity Policy Coalition (OPC) has sent a report to Australian officials on the country’s current self-regulatory system for food marketing, which OPC has described as “seriously flawed.” According to the coalition, the codes developed by the food industry to govern marketing to children “are extremely complex,” resulting in “a litany of loopholes” that companies have allegedly exploited “to promote their products despite childhood obesity sitting at record levels.” In particular, the report claims that self-regulatory codes (i) do not apply to all food advertisers or all age-groups of children, (ii) “only cover advertising that is ‘directed primarily to children,’” (iii) fail to cover many forms of promotion and media, and (iv) rely on “unclear” criteria for determining what is healthy or unhealthy. It also finds the administration and enforcement of these codes “grossly inadequate” since “the scheme relies entirely on complaints from the public.” Faulting the Advertising Standards Board…
Dr. Pepper Snapple Group has reportedly announced that it will remove its 7UP products with antioxidants from the market by early 2013. The company evidently denied that its decision was related to a lawsuit filed against it by the Center for Science in the Public Interest (CSPI), which had alleged that the products were falsely advertised. Additional information about CSPI’s lawsuit appears in Issue 461 of this Update. According to a Dr. Pepper statement, the decision to reformulate the product for consistency across its brands was made in 2011 and that it had met with CSPI to discuss the organization’s claims this summer. The company also noted that its 7UP Cherry clearly states on the label that it is a “cherry-flavored soda that does not contain juice.” See Associated Press, November 8, 2012.
The Center for Science in the Public Interest (CSPI) has written a letter to the Food and Drug Administration’s Office of Compliance, claiming that caffeinated snack foods violate the agency’s determination “that caffeine is generally recognized as safe only in cola-type beverages and only at concentrations at 0.02 percent or less (about 72 mg per 12 oz.).” Singling out a new line of Frito-Lay’s Cracker Jack® snacks, Kraft’s MiO Energy “water enhancer” and Jelly Belly’s “Extreme Sport Beans,” CSPI alleges that these products could represent “the beginning of a craze in which many companies, large and small, disregard FDA’s regulation and begin adding caffeine to all kinds of foods and beverages.” In particular, the consumer group has raised concerns that caffeinated snacks like “Cracker Jack’D” are child-friendly even if they are not marketed directly to children. “Kids will naturally be attracted to a tasty, finger-friendly snack food packaged and advertised with…
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