Category Archives Issue 476

Research presented at the American Heart Association’s (AHA’s) latest scientific meeting has reportedly concluded that “sugar-sweetened sodas, sports drinks and fruit juice may be associated with about 180,000 deaths around the world each year,” according to March 19, 2013, press release. Featured at AHA’s Epidemiology and Prevention and Nutrition, Physical Activity and Metabolism 2013 Scientific Sessions, the abstract in question apparently relied on data from the 2010 Global Burden of Diseases Study to calculate “the quantities of sugar-sweetened beverage [SSB] intake around the world by age and sex; the effects of this consumption on obesity and diabetes; and the impact of obesity and diabetes-related deaths.” The results allegedly linked SB intake to 133,000 diabetes deaths, 44,000 deaths related to cardiovascular diseases, and 6,000 cancer deaths worldwide in 2010, raising concerns about the disproportionate impact on low- and middle-income counties. In particular, the report’s authors estimated that in terms of mortality…

A recent study funded by the Robert Wood Johnson Foundation and National Institutes of Health has allegedly concluded that sugar sweetened beverages (SSBs) “are primarily responsible for the higher caloric intakes” of children who consume them. Kevin  Mathias, et al., “Foods and Beverages Associated with Higher Intake of Sugar-Sweetened Beverages,” American Journal of Preventative Medicine, April 2013. Using data from 13,421 children enrolled in the What We Eat In America, NHANES 2003-2010 surveys, researchers with the University of North Carolina Department of Nutrition apparently determined “the contribution of SSBs to higher caloric intakes” by comparing the total non-SSB caloric intake of both SSB consumers and nonconsumers. The results purportedly showed that for children ages 2 to 11, “total non-SSB intakes did not differ between nonconsumers and SSB consumers at any level of SSB consumption, indicating that SSBs were primarily responsible for the higher caloric intake among SSB consumers.” The authors also…

The Cornucopia Institute (CI) has issued a report that questions the safety of food-grade or undegraded carrageenan, “a common food additive extracted from red seaweed.” Titled “Carrageenan: How a ‘Natural’ Food Additive is Making Us Sick,” the report claims that animal studies “have repeatedly shown that food-grade carrageenan causes gastrointestinal inflammation and higher rates of intestinal lesions, ulcerations, and even malignant tumors.” Distinguishing between undegraded and degraded carrageenan—which the report describes as “a potent inflammatory” processed with acid instead of alkali—CI emphasizes that even the food-grade version poses a health risk to consumers who ingest the additive in a wide variety of products, including dairy and dairy alternatives, deli meats, and prepared soups and broths. In particular, the report points to a 2001 literature review published by the National Institute of Environmental Health Sciences that purportedly warned against “‘the widespread use of carrageenan in the Western diet’ due to evidence…

The Center for Science in the Public Interest (CSPI) has published a report titled “Selfish Giving: How the Soda Industry Uses Philanthropy to Sweeten its Profits.” Noting that the African-American and Hispanic organizations that brought a successful court challenge against New York City Mayor Michael Bloomberg’s size restrictions on sugar-sweetened beverages were the recipients of grants from the soft drink industry, the report suggests that industry sponsorships are used to leverage their reputations. While the money allows organizations serving minorities and underserved populations to achieve their goals, CSPI contends, “The [beverage] companies sometimes exploit those partnerships to support their political objectives.” CSPI calls for recipient organizations to think twice about accepting money from the industry. According to the report, advocacy organizations, government officials and health-care providers have increased their efforts to reduce sugar-sweetened beverage consumption, which CSPI indicates has dramatically increased and accuses of “increasing the risk for diabetes, heart…

Since the federal government filed a 76-count indictment against the owner and managers of Peanut Corp. of America, the source of a nationwide Salmonella outbreak in 2009, the defendants have entered not guilty pleas and been released on bonds ranging from $25,000 to $100,000. United States v. Parnell, No. 13-12 (M.D. Ga., Albany Div., filed February 15, 2013). Additional details about the charges appear in Issue 472 of this Update. The court has also entered orders designating the case as complex and excluding time under the Speedy Trial Act, as well as setting a scheduling conference for April 22, 2013.

POM Wonderful LLC has filed a petition seeking review in the D.C. Circuit Court of Appeals of a Federal Trade Commission (FTC) order requiring two randomized, controlled clinical trials before the company can make a claim that its pomegranate juice products treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction. POM Wonderful LLC v. FTC, No. 13-1060 (D.C. Cir., filed March 8, 2013). In its January ruling, FTC found that the company made false and misleading claims by advertising its products with health-benefit assertions that POM contended were backed by medical research. Additional information about the FTC rulings in the case appears in issues 441 and 467 of this Update.

Beekeepers, environmentalists and advocacy organizations have filed an action for declaratory and injunctive relief against the U.S. Environmental Protection Agency (EPA), claiming that the agency has failed to take any regulatory action on pesticide products containing the active ingredients clothianidin and thiamethoxam in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Endangered Species Act (ESA) and Administrative Procedure Act. Ellis v. EPA, No. 13-1266 (N.D. Cal., filed March 21, 2013). According to the complaint, “In a vast and extremely risky experiment, EPA has allowed over two million pounds of clothianidin and thiamethoxam to be used annually on more than 100 million acres and on dozens of different plant corps without adhering to existing procedural frameworks and with no adequate risk assessments in place.” The plaintiffs allege that this inaction has “been a major factor in excessive honey bee mortality and the decline of pollinator populations in the same…

A federal court in California has dismissed as preempted putative class claims filed against Target Corp. and Honeytree, Inc., alleging that they retail and manufacture honey products falsely advertised as “honey” or “pure honey” despite the absence of all pollen, an allegedly “defining characteristic of honey under applicable law.” Cardona v. Target Corp., No. 12-1148 (C.D. Cal., decided March 20, 2013). The court rejected the defendants’ challenge to the plaintiff’s standing, finding that she had sufficiently alleged an injury under Kwikset Corp. v. Superior Court, 51 Cal. 4th 310 (2011). But the court determined that the claims were preempted under the Nutrition Labeling and Education Act, agreeing with the defendants that the plaintiff “cannot plausibly allege that ‘pollen’ is a ‘characterizing ingredient’ of ‘honey,’ and that the ‘common and usual name’ of honey is honey, irrespective of pollen content.” According to the court, “the requirement that pollen-less honey be labeled as…

The Legislature of Suffolk County, New York, has adopted new measures (1920-2012, 1085-2013 and 1086-2013) designed to curtail the marketing of energy drinks to minors within county limits. Introduced by William Spencer (D-Centerport), the three new laws will (i) prohibit companies from providing free energy drink samples and coupons to individuals younger than age 18; (ii) ban the sale and distribution of these products to minors in county parks; and (iii) establish a “Truth About Stimulant Drinks” public education campaign “to increase awareness of side effects associated with energy drink consumption.” The legislation also specifies civil penalties between $500 and $1,000 per violation of the new rules. “Far too many people are unaware of the effects excessive caffeine consumption can have on the body,” Spencer told reporters. “Excessive consumption of caffeine can aggravate pre-existing conditions and contribute to a variety of health problems. My plan levels the playing field and…

The Idaho Senate has approved a joint memorial bill (S.J.M. 102) that would (i) state legislative findings, including that “taxpayers have a right to expect that their tax dollars will purchase fresh, healthy food that meets nutritional standards that will not contribute to health issues and higher medical costs,” and (ii) urge the federal government “to prohibit the purchase of unhealthy food items with Supplemental Nutritional Assistance Program (SNAP) benefits.” Introduced on March 19, 2013, the proposal was adopted by voice vote on March 22 and sent to the state House. The bill lists the types of foods that the legislature deems unhealthy, including “energy drinks defined as a beverage containing at least sixty-five milligrams of caffeine per eight fluid ounces that is advertised as being specifically designed to provide metabolic stimulation or an increase to the consumer’s mental or physical energy; a sweetened beverage or ‘soft drink’ defined as…

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