An abstract recently presented at the American Heart Association’s (AHA) Epidemiology and Prevention and Nutrition, Physical Activity and Metabolism 2013 Scientific Sessions reportedly linked high salt intake to 2.3 million heart-related deaths per year worldwide. According to a March 21, 2013, AHA press release, researchers analyzed data on adult sodium intake from 247 surveys conducted between 1990 and 2010 “as part of the 2010 Global Burden of Diseases Study, an international collaborative study by 488 scientists from 303 institutions in 50 countries around the world.” They then performed “a meta-analysis of 107 randomized, prospective trials that measured how sodium affects blood pressure, and a meta-analysis of how these differences in blood pressure relate to the risk of developing cardiovascular disease compared with consuming no more than 1,000 mg per day of sodium, which the researchers defined as an optimal amount of sodium for adults.” Based on their findings, researchers reported…
Category Archives Issue 477
“Nearly all of the meal possibilities offered to kids at America’s top chain restaurants are of poor nutritional quality,” according to a new report from the Center for Science in the Public Interest (CSPI). “One out of every three American children is overweight or obese, but it’s as if the chain restaurant industry didn’t get the memo,” said CSPI Nutrition Policy Director Margo Wootan. “Most chains seem stuck in a time warp, serving up the same old meals based on chicken nuggets, burgers, macaroni and cheese, fries, and soda.” The report, “Kids’ Meals: Obesity on the Menu,” claims that 97 percent of the nearly 3,500 meal possibilities analyzed failed to meet CSPI nutritional criteria for 4- to 8-year-olds, while 91 percent failed to meet National Restaurant Association (NRA) guidelines for its Kids LiveWell program. CSPI recommends that kids’ meals “must not exceed 430 calories, more than 35 percent of calories…
A Lancet commentary supportive of New York City Mayor Michael Bloomberg’s effort to curb the size of sugar-sweetened beverages sold in the city questions whether food and beverage industry partnerships with minority advocacy organizations are “merely a smokescreen to hide the continued targeting of the most susceptible consumers.” Comparing “Big Soda” to “Big Tobacco,” the article refers to a recent article, summarized in Issue 472 of this Update, to suggest that the answer to the question is yes. The article also cites the Access to Nutrition Index, which ranked companies, in part, on their “nutrition-related commitments, performance and disclosure practices,” to call for continued industry monitoring with the aim of reinforcing “the best business practices.” The Index is discussed in Issue 475 of this Update. In a related development, Center for Science in the Public Interest Executive Director Michael Jacobson has authored an article for Huffington Post arguing that soft drink…
During a recent meeting of the World Trade Organization’s (WTO’s) Technical Barriers to Trade (TBT) Committee, several member delegations expressed concerns about Chile’s proposed food health regulation amendments that would, among other things, require certain foods high in fat, sugar or salt to bear “STOP” sign-shaped warnings on 20 percent of the “main surface of the package.” The delegations, including Argentina, Canada, Colombia, the European Union, Guatemala, Mexico, Peru, and the United States, apparently contended that such requirements were not based on relevant Codex nutrition labeling guidelines, would create unnecessary barriers to international trade and had not been properly brought before the TBT Committee. Chile apparently responded that the proposal was intended to stem the tide of the obesity epidemic and that it was needed to provide readily understandable warnings on food products. In addition to stop sign warnings such as “high in salt,” “high in calories” or their equivalent,…
In an article titled “Snake Oil Salesmen or Purveyors of Knowledge: Off-Label Promotions and the Commercial Speech Doctrine,” Yale Law School Senior Research Scholar Constance Bagley and her co-authors critique the Second Circuit’s December 2012 determination in United States v. Caronia that Food and Drug Administration rules prohibiting prescription drug makers from promoting their products for off-label uses are unconstitutional under the First Amendment. According to the article, which will appear in a forthcoming issue of the Cornell Journal of Law and Public Policy, “this undue expansion of the Free Speech rights of commercial actors, if left unchecked” has the “potential to undermine the constitutionality of numerous areas of federal regulation,” including mandatory labels on food under the Nutritional Labeling and Education Act of 1990 and Food Allergen Labeling and Consumer Protection Act of 2004. The authors call for anchoring regulatory regimes in promoting the public good rather than individual…
New York City Mayor Michael Bloomberg has announced that the city’s request for an expedited hearing on its appeal of a court ruling striking down a limitation on the size of sugar-sweetened beverages sold in certain retail venues has been granted and that friend-of-the court briefs have been filed in support of the city’s appeal. The lead signatories to the amicus briefs are the National Alliance for Hispanic Health and National Association of Local Boards of Health. They were joined by 30 other organizations and health advocates, including the Harlem Health Promotion Center, Rudd Center, Public Health Law Center, and Northeastern University School of Law Professor Wendy Parmet. According to Bloomberg, “The organizations and individuals who have joined these amicus briefs understand the toll that obesity is taking on communities here in New York City and across the nation. Sugary drinks are a leading contributor to the obesity epidemic that…
Three California residents have filed a putative class action against food retailer Trader Joe’s in federal court, alleging three different types of misleading labeling claims: using the terms “evaporated cane juice” or “organic evaporated cane juice,” identifying as “natural” or “no added coloring or preservatives” foods that contain added preservatives and artificial colors, and representing non-dairy calcium products as “milk.” Gitson v. Trader Joe’s Co., No. 13-1333 (N.D. Cal., filed March 25, 2013). The plaintiffs claim that the company’s “labeling, advertising and marketing as alleged herein are false and misleading and were designed to increase sales of the products at issue. Defendant’s misrepresentations are part of an extensive labeling, advertising and marketing campaign, and a reasonable person would attach importance to Defendant’s misrepresentations in determining whether to purchase the products at issue.” The complaint outlines the applicable Food and Drug Administration (FDA) regulations that the defendant allegedly violated, noting that…
The Animal Legal Defense Fund (ALDF) and Compassion Over Killing have reportedly filed a complaint in a California federal court against the Food and Drug Administration, U.S. Department of Agriculture and Federal Trade Commission claiming that the agencies have failed to regulate animal-welfare labeling on egg cartons. According to ALDF, rulemaking petitions were filed in 2006 and 2007 asking for egg production methods to be fully disclosed on every carton of eggs sold in the United States. The agencies have not only allegedly failed to take action on these requests, they have also apparently failed to take action against “the often-misleading claims and deceptive imagery widely found on egg cartons.” The plaintiffs seek a court order requiring the agencies to adopt rules that would mandate that producers clearly label their egg cartons with egg production methods, including “Eggs from Caged Hens.” See ALDF News Release, March 28, 2013.
A federal court in California has dismissed with prejudice a complaint filed by groups concerned about ducks force-fed to produce foie gras against the U.S. Department of Agriculture (USDA) and its Food Safety and Inspection Service (FSIS), seeking to compel FSIS to ban force-fed foie gras from the human food supply as adulterated and diseased. Animal League Def. Fund v. USDA, No. 12-4028 (U.S. Dist. Ct., C.D. Cal., decided March 22, 2013). FSIS denied a petition to take such action, and the plaintiffs filed the lawsuit to challenge the legality of that denial under the Administrative Procedure Act. According to the court, while an agency’s denial of a petition for rulemaking can be challenged in court, the plaintiffs here did not ask FSIS to promulgate a new rule. “Though titled ‘PETITION FOR RULEMAKING,’ Plaintiffs’ request seeks to ban force-fed foie gras under existing law and regulations: it is not a…
According to a news source, U.K. High Court Justice Michael Briggs has ordered New York-based Chobani to change its “Greek” yogurt labels, finding that they mislead more than 50 percent of British consumers into believing that it was made in Greece. Company rival Fage brought the lawsuit to “restrain Chobani from passing off its American-made yoghurt in England and Wales under the description Greek yoghurt.” The court apparently determined that “the very small print used on the rear of Chobani’s pots” stating that the products are made in the United States was “nowhere near sufficient” to alert people to their true origin. Chobani claimed that the “Greek” designation was a reference to how the product is made and not to its country of origin. Danone, which also makes the thickened, strained yogurt products, reportedly indicated that it was considering the implications of the ruling; it was temporarily barred in the…
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