A recent systematic review and meta-analysis conducted by researchers with the Harvard School of Public Health has allegedly concluded that sugar-sweetened beverage (SSB) consumption “promotes weight gain in children and adults.” Vasanti Malik, et al., “Sugar-sweetened beverages and weight gain in children and adults: a systematic review and meta-analysis,” American Journal of Clinical Nutrition, October 013. Focused on prospective cohort studies and randomized controlled trials (RCTs), the meta-analysis noted that a one-serving per day increase in SSB consumption was associated with (i) “a 0.06-unit increase in BMI over a [one-year period] among children and adolescents,” and (ii) “an additional weight gain of 0.12 to .22 kg (≈0.25-0.50 lb) over [one year] among adults.” “SSBs can lead to weight gain through their high added-sugar content, low satiety, and an incomplete compensatory reduction in energy intake at subsequent meals after intake of liquid calories,” conclude the study’s authors. “Our results also suggest…
Category Archives Issue 497
A recent study examining the role of gut bacteria in obesity has reported that germ-free mice transplanted with human fecal microbiota either gained weight or stayed lean depending on the body profile of the human donor. Vanessa Ridaura, et al., “Gut Microbiota from Twins Discordant for Obesity Modulate Metabolism in Mice,” Science, September 2013. Using mice with no gut microbiota of their own, researchers with the Washington University School of Medicine apparently conducted two separate experiments, the first of which involved transplanting fecal microbiota from one lean twin and one obese twin into mice that were then kept in separate cages and fed a diet low in fat and high in plant polysaccharides. After 15 days, the mice that received bacteria from the lean twin reportedly stayed lean while the mice that received bacteria from the obese twin gained weight and fat in addition to developing signs of insulin resistance.…
William Dietz, the former director of the Division of Nutrition, Physical Activity and Obesity at the Centers for Disease Control and Prevention (CDC), has authored a September 2013 commentary in the journal Health Affairs, urging the “mobilization of parents as a political force to improve standards for food marketed to children.” William Dietz, “New Strategies to Improve Food Marketing to Children,” Health Affairs, September 2013. Recounting the past efforts of the Federal Trade Commission and other government agencies to curb food marketing to children, Dietz argues that these initiatives “have had a modest but positive impact” on the media landscape but have ultimately foundered in the face of industry opposition. “Because groups that support the needs of children will never have the same resources in the political arena as those of the industries that market to children, it is time to consider alternative strategies,” Dietz writes. In particular, he suggests that…
SHB Pharmaceutical & Medical Device Practice Chair Madeleine McDonough and Associate Lael Awong have co-authored a chapter in a Food and Drug Law Institute (FDLI) primer titled FDA’s Regulation of Veterinary Drug Products. Researched, referenced and edited by experienced professionals, FDLI primers are designed to be practical and user-friendly. McDonough and Awong contributed to the “Human Food Safety” chapter, which addresses Food and Drug Administration (FDA) regulations aimed at ensuring that food is safe for human consumption regardless of the use of an animal drug in a food-producing animal. They explain how veterinary drug sponsors can meet FDA requirements for the analysis of drug residues in food-producing animals in the preparation of new animal drug applications. The primer is available for purchase on FDLI’s website.
Public Health Advocacy Institute (PHAI) Staff Attorney Cara Wilking and President Richard Daynard, a self-described “strategic litigation expert with a focus on combating the epidemics caused by tobacco and obesity,” have co-authored an article titled “Beyond Cheeseburgers: The Impact of Commonsense Consumption Acts on Future Obesity-Related Lawsuits.” 68 Food & Drug Law Journal 229 (2013). Beginning with the premise that “[a]ffirmative litigation is an important tool in the public health toolkit to recover healthcare costs stemming from harmful commercial practices and to prevent future health harms,” they provide a detailed analysis of the “Common Sense Consumption” acts (CCAs) enacted in 25 states to shield the food industry from civil liability for obesity-related harms allegedly caused by the long-term consumption of food. According to the authors, the National Restaurant Association took a leadership role in getting the measures before state legislatures. Noting that CCAs “have yet to be meaningfully tested in the…
According to a news source, the Turkish Competition Authority has concluded a 15-month investigation and imposed a fine of 17.9 million Turkish Liras (US $8.6 million) on Frito-Lay, finding that it engaged in practices to ensure that it was the only salty snack brand available for sale in retail shops. While the initial decision and fine have apparently been issued to the company, a more detailed “reasoned decision” will be forthcoming. The company, which contends that it “has strong policies in place to achieve compliance with the laws and regulations everywhere we do business,” will reportedly have the right to file an appeal. See BakeryandSnacks.com, September 6, 2013.
California’s pesticide regulator has reportedly filed a petition against Whole Foods alleging that several of its pet products, including cat litter and dog and cat flea spray, contain pesticides that have not been registered with the state. Cal. Dep’t of Pesticide Registration v. Whole Foods Mkt. Cal., Inc., No. 2013-00150499 (Cal. Super. Ct., Sacramento Cty., filed September 9, 2013). State law evidently requires pre approval of pesticide products so they can be tested and approved for safe use. The company is reportedly cooperating with the state and has indicated that it “looks forward to addressing the matter before a judge.” If Whole Foods has violated state law, California may impose fines. According to an agency spokesperson, failure to register pesticide products has been an ongoing issue with the Austin-based retail grocery chain and the agency intends to investigate it for a range of purportedly unregistered products. See Huffington Post, September…
A federal court in California has granted a motion for final settlement approval in a nationwide class action alleging that Kellogg Co. falsely advertised its Frosted Mini-Wheats cereal products as a food that could help improve children’s attentiveness by 20 percent. Dennis v. Kellogg Co., No. 09-1786 (S.D. Cal., order entered September 10, 2013). Details about prior rulings in the case appear in Issue 483 of this Update. The court had previously given reluctant approval to the preliminary settlement, concerned that the class relief appeared to have diminished after remand from the Ninth Circuit, with attorney’s fees appearing to remain constant—the original settlement had a cash value of about $10.5 million with $2 million for attorney’s fees and claims administration; the revised settlement has a cash value of $4 million with $1.5-2 million reserved for attorney’s fees and claims administration. According to the court, the plaintiffs demonstrated that “the seemingly unchanged total…
A second amended complaint has been filed in a putative nationwide class action alleging that The Hain Celestial Group’s food and beverage product labels render their products misbranded and further mislead consumers because they use the terms “No Trans Fat,” “Evaporated Cane Juice” or “All Natural” in violation of state law. Smedt v. The Hain Celestial Group, Inc., No. 12-3029 (N.D. Cal., filed August 30, 2013). Details about the court ruling dismissing the claims with leave to amend appear in Issue 495 of this Update. The plaintiff has omitted any claims that the company’s website misled consumers and has otherwise attempted to address the court’s concerns about ambiguous fraud allegations in her initial pleadings.
A federal court in Colorado has reduced the damages awarded to a man who allegedly contracted bronchiolitis obliterans, a debilitating respiratory condition, after consuming microwave popcorn containing the butter flavoring compound diacetyl. Watson v. Dillon Cos., Inc., No. 08-91 (D. Colo., judgment entered September 5, 2013). The jury awarded the plaintiff and his wife more than $7 million, including punitive damages, apportioned among a number of defendants, and the court reduced the total award by more than half to $3.04 million with interest. Additional information about the lawsuit appears in Issues 244, 454 and 480 of this Update. The court agreed with defendant Gilster-Mary Lee, a private label food manufacturer, that a statutory cap applied to the $800,000 non economic damages award against it because the plaintiff discovered or should have discovered his lung injury and its cause before a statutory cut-off in January 2008. The court further refused to…
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