A recent report issued by the Centers for Disease Control and Prevention (CDC) has allegedly found that “approximately 13% of adults’ total caloric intakes came from added sugars between 2005 and 2010” despite government recommendations that “no more than 5% to 15% of calories should come from solid fats and added sugars.” R. Bethene Ervin, et al., “Consumption of Added Sugars Among U.S. Adults, 2005-2010,” NCHS Data Brief, May 2013. Based on data from the Natonal Health and Nutrition Examination Survey 2005-2010, the report also suggested that (i) “men consumed a larger amount of calories from added sugars than women, but not when their added sugar intakes were expressed as a percentage of total calories,” and (ii) “the percentage of calories from added sugars increased with increasing age for children and adolescents, but there was no difference in added sugars consumption between income groups.” In addition, CDC researchers noted that…
Category Archives Issue 482
According to a new Consumer Reports study that analyzed ground turkey purchased at retail store nationwide, more than one-half of the 257 samples tested were contaminated with fecal bacteria and “almost all” of the diseasecausing organisms “proved resistant to one or more of the antibiotics commonly used to fight them.” The magazine tested both conventional meat and meat from birds that were not fed antibiotics, and, although all were reportedly found to be equally likely to contain the bacteria the magazine considered in its study, bacteria on the antibiotic-free ground turkey “were much less likely to be antibiotic-resistant.” “Turkeys are given antibiotics to treat acute illness,” the report stated, “but healthy animals may also get drugs daily in their food and water to boost their rate of weight gain and to prevent disease.” This practice “is speeding the growth of drug-resistant superbugs, a serious health concern. People sickened by those…
University of Arkansas School of Law Professor Susan Schneider has authored a post on the Agricultural Law Blog agreeing with a Federation of Southern Cooperatives post refuting claims by a New York Times reporter of fraud linked to the recovery of settlement proceeds (the Pigford settlement) in litigation alleging U.S. Department of Agriculture (USDA) loan program discrimination against African-American, Hispanic, Native American, and women farmers. Schneider states that on reading the April 25, 2013, New York Times article, titled “U.S. Opens Spigot After Farmers Claim Discrimination,” “I was alarmed to see errors, omissions, and misleading references . . . [and] I am very disappointed that the author appeared more interested in producing a salacious story than in treating the issue with the respect and depth that it deserved.” She includes a number of details overlooked in the newspaper article and concludes, “casting the story in the cynical tone of political…
According to a news source, a California judge recently determined that the California Department of Food and Agriculture did not comply with statutory requirements when it created the state’s Raisin Marketing Board 15 years ago, agreeing with a challenge filed by dissident raisin growers and packers who have long complained about paying for marketing with which they did not agree. Superior Court Judge Raymond Cadei reportedly determined that the raisin industry did not prove that the industry was in crisis when the board was formed, stating, “[t]he record shows that there was no evidence of the kind of severe adverse economic conditions the Marketing Act was intended to address.” The court also ordered the board to repay the plaintiffs’ assessments, which could reach millions of dollars. Board officials have indicated they will explore all legal options to keep the board operating. See The Fresno Bee, April 27, 2013.
California’s attorney general (AG) has filed a suit against a number of candy manufacturers and grocery retailers, alleging that they have violated Proposition 65 (Prop. 65) by failing to label “ginger candies and other food products containing ginger” and/or “plum candies and other products containing plums,” which the AG claims contain lead, a substance known to the state “to cause cancer, birth defects, and other reproductive harm.” People v. Dakota Bros., No. __ (Cal. Super. Ct., San Francisco Cty., filed April 30, 2013). Under Prop. 65, “businesses must provide a ‘clear and reasonable warning’ before exposing individuals to lead,” according to the complaint, and the defendants have allegedly not provided such warnings. The AG seeks civil penalties, not to exceed $2,500 per day for each violation, injunctive relief, attorney’s fees, and costs.
A federal court in Georgia considering the criminal charges filed against former Peanut Corp. of America owner Stewart Parnell has denied his request for the return of his passport “for purposes of employment-related international travel.” United States v. Parnell, No. 13-12 (M.D. Ga., order entered April 26, 2013). Parnell apparently surrendered his passport as a condition of his pretrial release. Parnell and company managers were charged in a 76-count indictment over a nationwide Salmonella outbreak in 2009. Additional information about the charges appears in Issue 472 of this Update. According to the court, Parnell was allowed to be released “on an unsecured $100,000 bond with no pretrial supervision by the U.S. Probation Office,” and, because he did not show that he cannot find employment within the United States and no other changes have taken place since the conditions were set, the court had no basis for returning the passport.
Monster Beverage Corp. has filed a complaint for declaratory and injunctive relief against San Francisco’s city attorney, who launched an investigation into the company’s alleged marketing of energy drinks to children in October 2012. Monster Beverage Corp. v. Herrera, No. 13-786 (C.D. Cal., E. Div., filed April 29, 2013). According to the complaint, City Attorney Dennis Herrera has threatened to sue the company under the Sherman Law and California’s consumer protection laws if Monster does not agree to reformulate its product to lower the caffeine content, provide adequate warning labels, cease promoting over-consumption in marketing, cease using alcohol and drug references in marketing, and cease marketing to minors. The energy beverage maker contends that Herrera’s investigation and demands are preempted by federal law and represent an attempt to “usurp FDA’s [the Food and Drug Administration’s] regulatory authority” contrary to the primary-jurisdiction principle. Monster also claims that Herrera’s conduct violates the…
A federal court in California has reportedly ordered two plaintiffs’ law firms to disclose under seal any contributions made “either directly or indirectly by the firm or by any member of the firm to the Democratic Attorneys General Association from January 1, 2012, to present, and any communications between either law firm and the Mississippi Attorney General’s office concerning any such contribution.” In re Diamond Foods, Inc., Securities Litig., No. 11-5386 (N.D. Cal., order entered April 23, 2013). The order follows Diamond Food’s opposition to the appointment of the Mississippi Public Employee Retirement System (MPERS) as class representative in a securities class action alleging that the food company improperly accounted for some $50 million in payments to walnut growers. When the payments, allegedly intended to artificially lower the company’s fiscal 2011 costs, were revealed, a $2.3 billion deal to acquire the Pringles brand was purportedly delayed and later fell apart,…
A federal court in New York has agreed to impose some of the preliminary injunctive relief requested by the North American Olive Oil Association in litigation alleging that Kangadis Food Inc., doing business as The Gourmet Factory, falsely labeled its product as “100% Pure Olive Oil” when it actually contained Pomace or was 100 percent refined olive oil. N. Am. Olive Oil Ass’n v. Kangadis Food Inc., No. 13-868 (N.D.N.Y., order entered April 25, 2013). The court agreed that consumers would likely be confused about Pomace, “an industrially processed oil produced from olive pits, skins, and pulp,” labeled as “100% Pure Olive Oil,” and agreed that the defendant, which had changed its product as of March 1, 2013, to remove the Pomace and sell instead 100 percent refined olive oil as “100% Pure Olive Oil,” likely had a significant amount of its old product on store shelves. Accordingly, the court…
The California State Senate Committee on Governance and Finance has reportedly passed legislation (S.B. 622) that would impose a 1-cent per fluid ounce tax on sugar-sweetened beverages such as soft drinks, energy drinks, sweet teas, and sports drinks. Sponsored by Sen. Bill Monning (D-Carmel) and passed in a 5-2 vote, the measure aims to generate funds to support the newly created Children’s Health Promotion Fund and finance programs statewide to fight childhood obesity. The bill excludes milk products, and fruit and vegetable juices would be subject to the law only if the fruit or vegetable content in the beverages dropped below 50 percent. “This is the first time this state committee has passed a bill that would place a tax on sugary drinks and the first step toward stemming the epidemic of childhood obesity,” Monning said. “By taxing these products we will be able to implement programs that will assist…
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