A recent opinion piece published in Trends in Endocrinology and Metabolism has suggested that artificial sweetener consumption increases the risk of certain health outcomes, including “excessive weight gain, metabolic syndrome, type 2 diabetes and cardiovascular disease.” Susan Swithers, “Artificial sweeteners produce the counterintuitive effect of inducing metabolic derangements,” Trends in Endocrinology and Metabolism, July 2013. Authored by Purdue University Professor of Behavioral Neuroscience Susan Swithers, the article hypothesizes that “consuming sweet-tasting but noncaloric or reduced-calorie food and beverages interferes with learned responses that normally contribute to glucose and energy homeostasis.” To this end, Swithers points to several prospective cohort and interventional studies linking artificially-sweetened beverages to “a variety of negative health outcomes,” as well as research examining physiological responses to high-intensity sweeteners, which are “largely inert with regard to effects on glucose homeostasis because they do not reliably elicit post-ingestive responses similar to caloric sugars.” Based on these findings, she argues…
Category Archives Issue 490
A recent study examining the prevalence of methicillin and multidrug resistant Staphyloccocus aureus (MRSA and MDRSA) among farm workers has reported that livestock-associated strains of both bacteria were present only in individuals employed at “industrial livestock operations” (ILOs) and not those employed at “antibiotic-free livestock operations” (AFLOs). Jessica Rinsky, et al., “Livestock-Associated Methicillin and Multidrug Resistant Staphylococcus aureus Is Present among Industrial, Not Antibiotic-Free Livestock Operation Workers in North Carolina,” PLoS One, July 2013. Researchers with the University of North Carolina, George Washington University and Johns Hopkins University’s Bloomberg School of Public Health reportedly examined nasal swab samples from 99 ILO and 105 AFLO workers, finding that of the 41 ILO and 42 AFLO workers carrying S. aureus bacteria, 7 percent of each group tested positive for MRSA. In addition, the study’s authors identified MDRSA in 37 percent of ILO S. aureus carriers and 19 percent of AFLO S. aureus carriers, noting…
Recapitulating the neuroendocrinologist Robert Lustig’s arguments for regulating sugar based on its alleged ubiquity, toxicity, addictiveness and “negative impact on society,” a recent article in The Atlantic considers whether the sweetener meets these four criteria for government intervention. According to staff writer Megan Garber, Lustig in a June 29, 2013, interview at the Aspen Ideas Festival pointed to research linking sugar to increased liver fat, insulin resistance and other ailments as evidence that regulation is overdue. But Garber notes that only “sugar’s utter ubiquity” is beyond argument, raising questions about what it would mean to regulate the substance “like alcohol.” “[I]f Lustig gets his way—if people do come to see sugar as substance that can be abused—public awareness might offer its own kind of regulation,” writes Garber. “Sugar, Lustig put it, is ‘great for your wallet, but crappy for your health.’ The companies that profit from its sales might not,…
The Obesity Policy Coalition (OPC) has announced that the Australian Advertising Standards Board (ASB) has upheld its complaints alleging that TV commercials for Kellogg Co.’s LCM® cereal bars violated the Responsible Children’s Marketing Initiative (RCMI). According to OPC, the two advertisements in question were directed primarily toward children but failed to promote “a healthy dietary choice consistent with established scientific or Australian government standards,” healthy dietary habits or physical activity. In upholding the two complaints, ASB disagreed with Kellogg’s claims that the commercials were not aired during programming “where the proportion of children under 12 years of age is below 25 percent,” ruling instead that LCM® products “do not meet the Kellogg Global Nutrient Criteria for a healthier dietary choice” and therefore are “not permitted to be advertised to children under 12.” The board also found that although the commercials did not violate any provisions of the Australian Association of…
Yale University’s Rudd Center for Food Policy and Obesity has published a paper criticizing the use of food and beverage advertising on websites directed at children. A.E. Ustjanauskas, et al., “Food and beverage advertising on children’s web sites,” Pediatric Obesity, July 2013. Using data provided by comScore, researchers evaluated a total of 3.4 billion food and beverage advertisements shown over a one-year period on 72 popular children’s sites, including Nick.com, NeoPets.com and CartoonNetwork.com. Of the 254 different food products advertised, cereals apparently accounted for 45 percent of ad impressions, followed by fast food restaurants (19 percent) and prepared foods and meals (8 percent). The study singled out companies committed to the Children’s Food and Beverage Advertising Initiative (CFBAI), reporting that signatories were responsible for 89 percent of all food and beverage advertisements on children’s sites. In particular, the authors claimed that CFBAI companies “placed 320 million impressions for brands not…
A federal court in Australia has determined that processors advertising their chickens as “free to roam” on packaging and in advertisements and publications were liable to mislead the public as to the nature and characteristics of the product. Australian Competition & Consumer Comm’n v. Turi Foods Pty. Ltd., (No. 4) [2013] FCA 665 (Fed. Ct. of Austl., decided July 8, 2013). The court’s opinion details the efforts undertaken to determine stocking densities at various stages of a chicken’s development and includes the results of site visits by the court, support staff and the parties’ legal representatives. At certain times in their development, according to the court, thousands of chickens live in such close proximity in the sheds that “very little, if any, of the floor surface could be seen.” Thus, the court ruled that the “impugned statements . . . were apt to mislead and deceive and were false insofar…
A woman who claims that her 19-year-old son died as a result of consuming at least two 16-oz. cans of Monster Energy® drinks every day for three years has filed a survival and wrongful death action against the company. Morris v. Monster Beverage Corp., RG1368528 (Cal. Super. Ct., Alameda Cty., filed June 25, 2013). According to the complaint, the young man went into cardiac arrest on July 1, 2013, “[w]hile engaged in sexual activity with his girlfriend,” and efforts to revive him were unsuccessful. The autopsy report allegedly attributed his death to “cardiac arrhythmia due to cardiomyopathy.” The plaintiff focuses on the beverage’s caffeine and other ingredients that have purportedly been shown to produce adverse health effects, “including cardiac arrest.” The plaintiff alleges strict liability—design defect, failure to warn—negligent design, manufacture, sale, and failure to warn; concealment, suppression or omission of material facts; breach of implied warranties; punitive damages; and…
Naked Juice Co. has agreed to settle putative class claims that it falsely advertised some of its juice and smoothie products as “all natural” and not genetically modified (GMO); while denying the allegations, the company will establish a $9 million settlement fund. Pappas v. Naked Juice Co. of Glendora, Inc., No. 11-8276 (C.D. Cal., motion for preliminary approval filed July 2, 2013). Members of the putative nationwide class will each be eligible under the proposed agreement to recover a maximum of $45 dollars. The agreement will also require Naked Juice to establish a product verification program, hire or assign a quality control manager to oversee the independent testing process for the company’s product line, establish a database to allow the electronic tracking and verification of product ingredients, and modify future labeling, advertising and marketing to cease using “All Natural” and related statements.
A federal court has awarded $90.8 million to the attorneys who represented African-American farmers in litigation against the U.S. Department of Agriculture alleging discrimination in the loan application process. In re Black Farmers Discrimination Litig., No. 08-0511 (D.D.C., decided July 11, 2013). Additional details about class counsels’ request appear in Issue 405 of this Update. Explaining the challenges counsel faced, their extensive efforts to secure an award for the class of farmers in excess of $1 billion, the millions they incurred in unreimbursed expenses, as well as the hours devoted to assisting the Claims Administrator during the claims process, the court found an award representing 7.4 percent of the claims fund reasonable. According to the court, “Class counsel have undertaken the immense challenge presented by this action with the utmost professionalism and integrity, exhibiting skill, diligence, and efficiency in all aspects of their duties.”
A coalition of animal rights organizations has sued U.S. Department of Agriculture (USDA) Secretary Tom Vilsack under the National Environmental Protection Act (NEPA), claiming that the agency failed to conduct a required environmental review before granting the application of a “horse slaughter plant operator in New Mexico, bringing the nation closer to its first horse slaughter operation since federal courts and state lawmakers shuttered the last three U.S.-based plants in 2007.” Front Range Equine Rescue v. Vilsack, No. 13-3034 (N.D. Cal., San Francisco Div., filed July 2, 2013). The parties agreed to voluntarily transfer the suit to the District of New Mexico as a more appropriate venue, and the court entered an order granting the transfer on July 10, 2013. Because the defendants advised the plaintiffs that no federal inspections at horse slaughter facilities will take place before July 29, the court vacated its expedited scheduling order. In their complaint,…
