A recent study purportedly concluded that consumption of sugar-sweetened beverages is associated with a higher risk of kidney stone formation while consumption of other beverages such as coffee, tea, beer, and wine, is associated with a lower risk. Pietro Manuel Ferraro, et al., “Soda and Other Beverages and the Risk of Kidney Stones,” Clinical Journal of the American Society of Nephrology, May 2013. Conducted by a team of researchers from Brigham and Women’s Hospital, the study analyzed the data of 194,095 participants from the Health Professionals Follow-Up Study (HPFS) and the Nurses’ Health Studies I and II. Those who consumed one or more sugar-sweetened cola servings per day reportedly had a 23 percent higher risk of developing kidney stones compared to those who consumed less than one serving per week. The researchers observed that this was also true for consumption of sugar-sweetened non-cola beverages, such as punch. A lower risk of…
Category Archives Issue 484
Three recent studies published in JAMA Internal Medicine have analyzed the nutritional content of restaurant and processed foods, raising questions about consumer, industry and government efforts to curb calorie, sodium and fat consumption. Authored by Center for Science in the Public Interest (CSPI) Executive Director Michael Jacobson and colleagues at George Washington University and Northwestern University, the first study examined changes in the sodium levels of identical processed and restaurant foods from 2005 to 2011. Michael Jacobson, et al., “Changes in Sodium Levels in Processed and Restaurant Foods, 2005 to 2011,” JAMA Internal Medicine, May 2013. Using data collected by CSPI, researchers reportedly found that “sodium content in 402 processed foods declined by approximately 3.5%, while the sodium content in 78 fast-food restaurant products increased by 2.6%.” Although the study also noted that salt content decreased by 30 percent in some products and increased by 30 percent in others, “the…
Public interest advocacy organization the Center for Food Safety has issued a report titled “Best Public Relations Money Can Buy: A Guide to Food Industry Front Groups,” authored by food activist and attorney Michele Simon. The report describes what front groups are and how they purportedly function, drawing parallels with a cigarette industry trade group, which, according to Simon, by distorting science “effectively delayed public policy on tobacco for decades. The food industry’s current effort to distort science is similar, but somewhat more subtle, operating through less obvious front groups.” Among the groups mentioned are (i) the U.S. Farmers and Ranchers Alliance— “[t]he group calls itself ‘farmers and ranchers’ because that sounds better than Monsanto and the Pork Board”; (ii) No on 37—a group fighting a ballot initiative in California that would have required labels on foods with genetically modified ingredients; it allegedly “claimed to be a ‘coalition of family…
The Institute of Medicine (IOM) recently issued a report assessing the scientific evidence behind government recommendations that adults in the general population reduce dietary sodium intake to less than 2,300 milligrams per day and that certain groups of people at a greater risk of developing cardiovascular disease (CVD) reduce their salt consumption to 1,500 mg per day. At the request of the Centers for Disease Control and Prevention, the IOM committee responsible for the report focused on new studies examining sodium’s direct effect on health outcomes as opposed to previous research that used high blood pressure as “a widely accepted biological predictor of risk for CVD and stroke.” Based on this new research, the IOM report concludes that while the latest science still supports salt reduction recommendations for the general population, there is little or no new evidence to back the 1,500 mg/day recommendation for specific population subgroups, which include…
The plaintiffs in putative class litigation alleging inaccurate wage statements and denial of required meal breaks have filed a motion for preliminary approval of a class action settlement brought against Starbucks in 2008. York v. Starbucks Corp., No. 08-7919 (C.D. Cal., W. Div., motion filed May 10, 2013). Without admitting liability, the company has apparently agreed to pay $3 million to resolve the claims of California Starbucks employees who fall into one or two subclasses: (i) the “Meal Break Settlement Subclass,” including “all persons employed by Starbucks within the state of California in the job categories of café attendant, barista, or shift supervisor during the period from December 2, 2004, to January 31, 2013”; and (ii) the “Wage Statement Settlement Subclass,” including “all persons employed by Starbucks in the state of California in the job categories of café attendant, barista, shift supervisor, assistant store manager, or store manager during the period…
A federal court in California has granted in part and denied in part the motion to dismiss filed by General Mills in litigation alleging that certain of its Nature Valley® products are deceptively labeled and advertised as “natural” because they contain sweeteners, such as high fructose corn syrup (HFCS), high-maltose corn syrup or maltodextrin and rice maltodextrin, which are purportedly “highly processed” and therefore not “natural.” Janney v. General Mills, No. 12-3919 (N.D. Cal., filed May 10, 2013). The plaintiffs are represented by Center for Science in the Public Interest attorney Stephen Gardner. The court disagreed with General Mills that the primary jurisdiction doctrine barred the claims, finding that the Food and Drug Administration “has signaled a relative lack of interest in devoting its limited resources to what it evidently considers a minor issue, or in establishing some ‘uniformity in administration’ with regard to the use of ‘natural’ in food…
A federal court in New York has dismissed putative class claims filed against Dannon Co., alleging that its Activia® yogurt products are not actually yogurt because they contain filler products including milk protein concentrate (MPC), an ingredient that the Food and Drug Administration (FDA) purportedly prohibits from use in yogurt. Conroy v. The Dannon Co., Inc., 12-6901 (S.D.N.Y., decided May 9, 2013). The defendant challenged the claims on the ground that the “plaintiff’s allegations are premised on a misunderstanding of the FDA’s standard of identity for yogurt.” The court agreed with Dannon that while MPC is not included in the list of permissible ingredients for yogurt, it is a permitted “other optional ingredient” despite FDA’s failure to include MPC in its 1981 definition of the phrase. According to the court, the issue in the case was the proper interpretation of a stay FDA imposed in 1982 on certain provisions of…
The U.S. Supreme Court has denied the request to review a Washington appeals court dismissal of claims filed by a man who alleged that contaminated pet food caused his cat’s death. Earl v. Menu Foods Income Fund, Inc., No. 12-1083 (U.S., cert. denied May 13, 2013). According to a news source, the defendant had recalled some of its pet foods due to melamine contamination, but the plaintiff apparently failed to produce admissible evidence that those foods were implicated in his pet’s death. In its opposition to the plaintiff’s petition to the Court, Menu Foods reportedly stated that no federal question was presented. Rather, at issue was whether state law on the preservation and destruction of evidence had been properly applied. See Bloomberg BNA Product Safety & Liability Reporter, May 13, 2013.
The European Food Safety Authority (EFSA) has lowered the tolerable daily intake (TDI) of phenol—a chemical used to make coatings, adhesives and inks in food contact materials—from 1.5 to 0.5 mg/kg bw/day. The action follows a request from the German Federal Institute for Risk Assessment asking EFSA’s Panel on Food Contact Materials, Enzymes, Flavourings and Processing Aids (CEF) to reassess the TDI because the original value was “within the same dose range which was reported to be associated with some haematotoxic and immunotoxic effects in an oral study on phenol.” In its scientific opinion on the toxicological evaluation of phenol, EFSA stated that the chemical was last evaluated in 1984. The derived TDI does not consider the hazard of possible oxidation products such as quinones and hydroquinones, which CEF suggested should be evaluated separately. The panel also concluded that the “European Commission should consider other routes of exposure, including flavorings,…
The European Food Safety Authority (EFSA) and European Centre for Disease Control and Prevention (ECDC) have issued their third joint report “on antimicrobial resistance in zoonotic bacteria affecting humans, animals and foods.” Based on data collected by member states in 2011, the report notes the “continued presence of resistance to a range of antimicrobials in Salmonella and Campylobacter, the main bacteria causing food-borne infections in the European Union (EU),” although co-resistance to more than one critically important antimicrobial remains low overall. According to the findings, “a high proportion of Campylobacter bacteria … was resistant to the critically important antimicrobial ciprofloxacin” in addition to other commonly used antimicrobials. The data also suggested that Salmonella resistance “to at least three different antimicrobial classes[] was high overall in the EU,” with a large proportion of the bacteria in humans and animals already resistant to commonly used antimicrobials and, in the case of poultry, to ciprofloxacin. “If…
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