According to a news source, a California appeals court indicated during oral argument that it would likely reverse the dismissal order of a lower court in a wrongful death action alleging that Dole Food Co. paid Colombian paramilitaries to kill 170 people near South American banana plantations. Gomez v. Dole Food Co., Inc., No. B242400 (Cal. Ct. App., 2d App. Div.). During the June 12, 2013, hearing, the court reportedly said “legal problems” with the trial court’s dismissal were sufficient to warrant reversal. In 2012, the lower court dismissed the suit after the plaintiffs’ lawyers failed to file a new complaint within 30 days after an appeals court ruling allowing them to do so became final. Plaintiffs’ counsel apparently claimed that they were unaware of the deadline imposed under California procedural rules and that the court erred by dismissing the case on the basis of Dole’s purported ex parte application.…
Category Archives Issue 487
In a letter sent to Nickelodeon and its parent company Viacom, Sens. Richard Blumenthal (D-Conn.), Jay Rockefeller (D-W.V.), Tom Harkin (D-Iowa), and Dick Durbin (D-Ill.) have called on the children’s entertainment network to stop showing advertisements for purportedly unhealthy foods and beverages that are “powerfully promoting childhood obesity.” Citing another company’s announcement last year that it would no longer accept advertisements for unhealthy foods on television, radio and websites directed at children, the senators asked Nickelodeon to “promptly take similar action to implement strong nutrition standards for all of its marketing to children.” “As a leading multi-media entertainment destination for children and adolescents, Nickelodeon has a special opportunity—and responsibility —to help address our nation’s childhood obesity epidemic,” the senators stated. “We ask that you implement a clear policy to guide the marketing of food to children on Nickelodeon’s various media platforms, including the advertisements on your channels, Internet sites, and…
An international group of nutrition scientists has recommended that the quality of carbohydrates in foods as measured by their glycemic index (GI) should be included in national dietary guidelines and on food labels. Drafted during the International Scientific Consensus Summit on Glycemic Index, Glycemic Load and Glycemic Response held June 6-7, 2013, in Stresa, Italy, the group’s scientific consensus statement concludes that carbohydrate quality is significant and that carbohydrates present in different foods affect post-meal blood sugar differently, with important health implications. The scientists also cited “convincing” evidence that low GI/glycemic load (GL) diets reduce the risk of type 2 diabetes and coronary heart disease, help control blood glucose in people with diabetes and may help with weight management. “Given essentially conclusive evidence that high GI/GL diets contribute to risk of type 2 diabetes and cardiovascular disease, reduction in GI and GL should be a public health priority,” said participating scientist…
The California Cantaloupe Advisory Board (CCAB) has launched a new food-safety program that requires government audits of all cantaloupe production activities. Described by CCAB as “the only mandatory food-safety program that requires government audits of all cantaloupe production activities,” the program invites government auditors to inspect all aspects of operations including growing, harvesting, packing, and cooling to ensure that a set of “science-based standards is being followed.” Under the program, handlers must be 100 percent compliant with food-safety audits that cover 156 checkpoints. According to California melon producer and CCAB Chair Steve Patricio, CCAB will use inspectors from the California Department of Food and Agriculture instead of private inspection companies to ensure accountability, uniformity and consistency of audits throughout the California cantaloupe industry. Patricio also noted that the new audit program will allow producers to meet or exceed requirements of the Food Safety Modernization Act when it is implemented and that…
The Judicial Panel on Multidistrict Litigation (JPML) has granted the defendants’ motion for centralization in litigation involving allegations that Subway Sandwich Shops, Inc., and Doctor’s Associates, Inc., “engaged in a false or misleading advertising campaign regarding the size of the Subway Footlong sandwich.” In Re: Subway Footlong Sandwich Mktg. & Sales Practices Litig., MDL No. 2439 (JPML, decided June 10, 2013). According to the order, the seven actions addressed by JPML involve common factual questions, with plaintiffs alleging “that defendants have uniform standards and practices with respect to the manufacturing process and franchisee training which result in the actual length of the sandwich being materially shorter than advertised in violation of state consumer protection laws.” JPML has therefore chosen to centralize the actions in the U.S. District Court for the Eastern District of Wisconsin, which provides “a geographically central forum for this nationwide litigation, and will be convenient and accessible for…
The Judicial Panel on Multidistrict Litigation (JPML) has ordered the centralization of six actions claiming that Anheuser-Busch Companies, LLC, systematically overstated the alcohol content of its malt beverage products by diluting them with water. In Re: Anheuser-Busch Beer Labeling Mktg. & Sales Practices Litig., MDL No. 2448 (JPML, decided June 10, 2013). The putative class actions being centralized have all alleged that the beer manufacturer added extra water to 11 different products despite its claims that any deviation from the alcohol content stated on the product label “is within the range permitted by federal regulation.” In transferring the actions to the U.S. District Court for the Northern District of Ohio, the panel agreed with plaintiffs that “notwithstanding defendants’ apparent acknowledgement of some variance for unspecified products, the alleged conduct at issue—systematic overstatement of alcohol content—will remain in dispute and will involve complex discovery concerning the calibration of the involved equipment…
The New York Supreme Court Appellate Division recently heard arguments in the New York City Department of Health and Mental Hygiene’s (DOHMH’s) appeal of an order striking down its initiative to limit the size of sodas sold in restaurants and other venues. According to media reports, city lawyer Fay Ng argued that, contrary to the lower court’s decision, the “Portion Cap Rule” did not exceed DOHMH’s authority and has a rational basis in the need to curb rising obesity rates without entirely precluding consumer choice. In overturning the regulation, which would have taken effect March 12, 2013, New York Supreme Court Judge Milton Tingling not only ruled that DOHMH lacked “the authority to limit or ban a legal item under the guise of ‘controlling chronic disease,’” but that the measure would have “arbitrary and capricious consequences” arising from “uneven enforcement” and “loopholes,” such as application to some but not all…
An outbreak of hepatitis A linked to frozen berry and pomegranate mixes sold in eight states has reportedly sickened 87 consumers to date and spawned at least three putative class actions seeking compensation for hepatitis A testing and vaccination. According to media reports, residents in Arizona, California and Nevada filed lawsuits after the Colorado Department of Public Health and Environment advised all consumers exposed to the allegedly contaminated berries to request hepatitis A vaccination or immune globulin injections to reduce their risk of contracting the disease. In addition to the costs of vaccination, the complaints against Townsend Farms Corp. are seeking compensation for time missed from work as well as other expenses related to the outbreak. See Law360, June 3, 2013; NBC News, June 11, 2013; KTAR, June 12, 2013; KRNV & MyNews4.com, June 13, 2013.
A California resident has filed a putative statewide class action alleging that Pepperidge Farm falsely advertised and labeled its Goldfish® crackers as “Natural” despite using genetically modified (GM), synthetic or artificial ingredients to make them. Koehler v. Pepperidge Farm, Inc., No. 13-2644 (N.D. Cal., filed June 10, 2013). Among other matters, the plaintiff alleges that the company changed the product’s packaging and labeling to remove the “Natural” statement and characterizes this as “an implied admission that the Products were not natural at all material times hereto when the Plaintiff and putative Class Members purchased the Products that claimed to be ‘Natural’ and no longer make said claim.” According to the complaint, the company’s cheddar-flavored products “contain genetically modified soy in the form of soybean oil, as well as the following ingredients, which, upon information and belief, were each synthetically produced: thiamine mononitrate (‘vitamin B1’), riboflavin (‘vitamin B2’), folic acid and…
According to a news source, a California appeals court indicated during oral argument that it would likely reverse the dismissal order of a lower court in a wrongful death action alleging that Dole Food Co. paid Colombian paramilitaries to kill 170 people near South American banana plantations. Gomez v. Dole Food Co., Inc., No. B242400 (Cal. Ct. App., 2d App. Div.). During the June 12, 2013, hearing, the court reportedly said “legal problems” with the trial court’s dismissal were sufficient to warrant reversal. In 2012, the lower court dismissed the suit after the plaintiffs’ lawyers failed to file a new complaint within 30 days after an appeals court ruling allowing them to do so became final. Plaintiffs’ counsel apparently claimed that they were unaware of the deadline imposed under California procedural rules and that the court erred by dismissing the case on the basis of Dole’s purported ex parte application. See Law360,…
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