A recent study has reportedly claimed that diets high in calories and animal fat are associated with increased rates of Alzheimer’s disease (AD) in Japan and eight other countries. William Grant, “Trends in Diet and Alzheimer’s Disease During the Nutrition Transition in Japan and Developing Counties,” Journal of Alzheimer’s Disease, September 2013. Using nutrition data supplied by the U.N. Food and Agriculture Organization, Sunlight, Nutrition and Health Research Center Director William Grant compared AD trends in Japan with changes in national dietary supply factors, alcohol consumption and lung cancer mortality rates over 25 years, in addition to comparing AD trends in eight developing countries with changes in national dietary supply factors over the same time period. The results evidently showed that in Japan, “alcohol consumption, animal product, meat and rice supply, and lung cancer rates correlated highly with AD prevalence data, with the strongest correlation for a lag of 15-25…
Category Archives Issue 498
Tufts University researchers who recently published a study in Environmental Health Perspectives linking bisphenol A (BPA) to mammary gland cancer in rats have walked back their claims after Forbes reported that the statistical data cited in the results “clearly showed BPA had no effects and did not cause cancer.” Nicole Acevedo, et al., “Perinatally Administered Bisphenol A as a Potential Mammary Gland Carcinogen in Rats,” Environmental Health Perspectives, September 2013. When first published ahead of print, the study in question apparently concluded that “developmental exposure to environmentally relevant levels of BPA during gestation and lactation induces mammary gland neoplasms in the absence of any additional carcinogenic treatment.” The researchers also noted that human-relevant doses of BPA “led to the induction of malignant mammary gland tumors and other lesions in adult female rats.” But Forbes, after consulting with experts at the Bioinformatics at the National Institute of Statistical Science, argued that the…
A recent article detailing the history of food addiction studies has claimed that foods dense in fat and sugar can override our appetite suppressing hormones, activate our neurological reward systems and prompt us to continue eating past the point of satiety. Paul Kenny, “Is obesity an addiction?,” Scientific American, September 2013. According to author Paul Kenny, a neuroscientist with The Scripps Research Institute, obesity in some cases may be caused “by hedonic overeating that hijacks the brain’s reward networks,” thus creating “a feedback loop in the brain’s reward centers—the more you consume, the more you crave, and the harder it is for you to satisfy that craving.” Asking whether this cycle of hedonistic overeating constitutes an addiction, Kenny not only describes several studies that seem to highlight the similarities between drug addiction and obesity, but also explains important differences between the two conditions. In particular, he notes that “research overall indicates…
Credit Suisse’s Research Institute has issued a September 2013 report titled Sugar Consumption at a Crossroads that examines the world sweetener market as well as the latest research on the health effects of sugar and high-fructose corn syrup (HFCS). Noting that soft drinks have drawn the most attention from legislators, regulators and consumer groups, the report summarizes the medical consensus on the role of increased sugar consumption in chronic disease and chronicles those issues still open for debate. The report also describes how the increased focus on the health effects of excess sugar consumption will affect food and beverage companies, the sugar industry as a whole, individual producers of artificial and natural sweeteners, and the health care industry. In particular, Credit Suisse expects companies in the beverage industry “to react to the growing public concern and the threat of taxes on sugary drinks by moving as fast as they can to…
Tel Aviv University Senior Law Lecturer Avihay Dorfman explores the theoretical underpinnings of assumption of the risk as a tort defense and illustrates its nuances in the context of obesity. “Assumption of the Risk, After All,” Theoretical Inquiries in Law (forthcoming 2013). Observing that any hostility toward the doctrine stems from the perception that it has a libertarian basis, the author develops a liberal egalitarian account, “arguing that the fact of making a choice (to assume a given risk) is not sufficient to justify the shifting of responsibility from the negligent injurer to the choosing victim. For it is also necessary that the latter must be acting under conditions that render this shifting fair.” In the case of an obese individual residing in a “food desert” where “junk food” is the only food readily available at an affordable price, Dorfman contends that it would not be fair to attribute responsibility for…
On behalf of current and former Benihana chefs, a former chef has filed an action under the Fair Labor Standards Act (FLSA) alleging that the company forced chefs to work off the clock without compensation, illegally deducted from the chefs’ tips to provide tips to employees not entitled to share them and harassed or fired the chefs if they complained about the practices. Kim v. Benihana Nat’l Corp., No. 13-62061 (S.D. Fla., filed September 20, 2013). Alleging unpaid overtime or minimum wages in the alternative, illegal tip deductions and retaliation, the plaintiff seeks an order requiring notice to all Benihana chefs, declaratory relief, damages, interest, attorney’s fees, and costs.
A California resident has filed a putative class action on behalf of statewide and nationwide classes alleging that Safeway, Inc. labels and promotes its Open Nature waffle products as “100% Natural” while using the synthetic chemical preservative, alternatively referred to as sodium acid pyrophosphate and disodium dihydrogen pyrophosphate, as an ingredient. Richards v. Safeway, Inc., No. 13-4317 (N.D. Cal., filed September 18, 2013). According to the plaintiff, the chemical “has various applications—from its use in leather treatment to remove iron stains on hides during processing, to stabilizing hydrogen peroxide solutions against reduction, to facilitating hair removal in hog slaughter, to feather removal from birds in poultry slaughter, to use in petroleum production.” According to the plaintiff, the ingredient is not listed on the front of the package with the other ingredients. Claiming that he relied on the company’s “100% Natural” claims in purchasing products for which he paid a premium, the…
California residents have filed a putative nationwide class action against Late July Snacks LLC, alleging that the company’s snack products are misbranded because they include “organic evaporated cane juice” on their ingredient lists in violation of the state’s Sherman law, which incorporates the federal Food, Drug, and Cosmetic Act. Swearingen v. Late July Snacks LLC, No. 13-4324 (N.D. Cal., filed September 18, 2013). The plaintiffs contend that regardless whether the products actually contain sugar or dried sugar cane syrup as sweeteners, the Food and Drug Administration (FDA) requires that these terms, and not “evaporated cane juice,” be used on product labels. They cite a 2000 FDA guidance letter and warnings that FDA subsequently provided to companies using the prohibited term on food labels. They assert that the state’s unfair competition law does not require that they relied on the labels in making their purchasing decisions, just that they would not otherwise have purchased an unlawful product, “absent the Defendant’s failure to disclose…
While continuing to deny that its labeling and marketing for Truvia® sweetener products misled consumers, Cargill has apparently agreed to settle a putative nationwide class action alleging consumer fraud and breach of warranty. Martin v. Cargill, Inc., No. 13-2563 (D. Minn., preliminary agreement filed September 19, 2013). The plaintiffs claimed that the products are not “natural” because they contain “highly processed” ingredients or those derived from genetically modified organisms. Under the agreement, the company would create a $5 million fund for cash refunds and vouchers on selected Truvia® products. The company has also agreed to modify product labels that will refer consumers to its website where it will explain in some detail how the erythritol in Truvia® is produced. Cargill has agreed not to oppose attorney’s fees and expenses of $1.59 million. Any residual funds remaining in the settlement fund would be distributed to the National Consumer Law Center and…
Brothers Eric and Ryan Jensen who own the Colorado cantaloupe farm linked to a deadly 2011 Listeria outbreak have reportedly been arrested on six misdemeanor charges of introducing adulterated food into interstate commerce and aiding and abetting. According to court records, they purportedly changed their cantaloupe cleaning process in May 2011 and never used the chlorine spray incorporated into the system. The Department of Justice (DOJ) alleges that they “were aware that their cantaloupes could be contaminated with harmful bacteria if not sufficiently washed.” The Centers for Disease Control and Prevention determined that people in 28 states consumed the contaminated cantaloupe, 33 died, 147 were hospitalized, and a pregnant women miscarried. The brothers reportedly pleaded not guilty and face a December 2, 2013, trial. If convicted, each could serve one year in prison and be fined up to $250,000 for each charge. See DOJ News Release, September 26, 2013; Fox…
