The journal Food and Chemical Toxicology has announced the retraction of a controversial study purportedly linking genetically modified organisms (GMOs) to mammary tumors in rats. Led by University of Caen Molecular Biology Professor Gilles-Éric Séralin, the November 2012 study garnered public attention for reporting that female rats fed GM maize developed more mammary tumors than a control group raised on conventional feed. After further review, however, the journal’s editor-in-chief concluded that “both the low number of animals in each study group and the particular strain selected” were cause for concern. “A more in-depth look at the raw data revealed that no definitive conclusions can be reached with this small sample size regarding the role of either NK603 or glyphosate in regards to overall mortality or tumor incidence,” notes the journal’s retraction statement. “Given the known high incidence of tumors in the Sprague-Dawley rat, normal variability cannot be excluded as the…
Category Archives Issue 506
An ongoing study presented at the Radiological Society of North America’s (RSNA’s) 99th Annual Scientific Assembly and Annual Meeting has reportedly claimed that energy drinks “significantly increased” heart contraction rates in healthy adults one hour after consumption. According to a December 2, 2013, RSNA press release, researchers with the University of Bonn, Germany, used cardiac magnetic resonance imaging (MRI) “to measure the effect of energy drink consumption in 18 healthy volunteers,” who apparently underwent cardiac MRI before and after consuming an energy drink containing 400 mg of taurine and 32 mg of caffeine. The results evidently showed that, compared to the baseline images, the MRI taken one hour after energy drink consumption “revealed significantly increased peak strain and peak systolic strain rates (measurements for contractility) in the left ventricle of the heart.” “Until now, we haven’t known exactly what effect these energy drinks have on the function of the heart,”…
A recent study funded by the National Cancer Institute has allegedly linked higher intakes of sugar-sweetened beverages (SSBs) to an increased risk of type I endometrial cancer. Maki Inoue-Choi, et al., “Sugar-Sweetened Beverage Intake and the Risk of Type I and Type II Endometrial Cancer among Postmenopausal Women,” Cancer, Epidemiology, Biomarkers & Prevention, December 2013. After evaluating the dietary intake of 23,039 postmenopausal women enrolled in the Iowa Women’s Health Study, University of Minnesota researchers apparently found that compared with women who did not consume SSBs, those in the highest quintile of SSB intake had a 78 percent increased risk of developing type I endometrial cancer while those who reported at least some SSB consumption had “a statistically significant 47 [percent] higher risk.” The study’s authors also noted in a December 4, 2013, press release that “previous studies have shown increasing consumption of sugar sweetened beverages has paralleled the increase…
Canadian researchers have warned that many off-the-shelf brewed teas purportedly contain lead in excess of levels considered safe for pregnant and lactating women. Gerry Schwarlfenberg, et al., “The Benefits and Risks of Consuming Brewed Tea: Beware of Toxic Element Contamination,” Journal of Toxicology, December 2013. Using 30 samples of black, green, white, and oolong teas obtained from supermarkets and health food stores, the study’s authors steeped the teas using one tea bag and 250 mL of distilled water for 3-4 minutes and 15-17 minutes. The results evidently showed that “all brewed teas contained lead,” with 73 percent of teas brewed for three minutes and 83 percent of teas brewed for 15 minutes having lead levels ranging from 0.1 µgm/L to 4.39 µgm/L. According to the study, California’s Proposition 65 currently sets an acceptable limit for lead in reproductive health at 0.5 µgm/L per day. In addition, the study notes that…
The New York State Parent Teacher Association (PTA) has reportedly become the first PTA in the country to pass a resolution that calls on Congress and the U.S. Food and Drug Administration “to protect human health by prohibiting the overuse and misuse of antibiotics in food animal production.” Representing hundreds of thousands of parents, teachers and students who note that “antibiotic resistance has become a global public health crisis,” the group’s resolution supports legislation that would improve labeling on meat and poultry products and make antibiotic use on the farm more transparent. The resolution also (i) advocates public disclosure on the amount, type and purpose of antibiotic use during food animal production; (ii) encourages schools to serve meat and poultry from farms that use antibiotics only to treat disease; and (iii) supports education for parents and schools on how antibiotic use in livestock production contributes to antibiotic resistance. See Pew…
The Environmental Research Center (ERC) has reportedly filed a lawsuit under Proposition 65 (Prop. 65) against a company that allegedly sells “meal replacement” shakes and “hunger blocker” bars containing lead, a chemical known to California as a reproductive toxicant and cause of cancer. ERC v. Ideal Shape LLC, No. __ (Cal. Super. Ct., Alameda Cty.). Under Prop. 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, private litigants such as ERC may bring enforcement actions after notifying an alleged violator that it has failed to provide warnings with products containing listed chemicals. ERC sent such a letter to Ideal Shape on May 17, 2013, alleging Prop. 65 violations every day since at least May 17, 2010. See Courthouse News Service, November 25, 2013.
According to court records, prosecutors have filed a motion for psychiatric examination as to Stewart Parnell, who is under criminal indictment for actions relating to the 2009 nationwide Salmonella outbreak linked to the peanut products made by the Blakely, Georgia, Peanut Corp. of America plant that Parnell owned. United States v. Parnell, No. 12-cr-12 (M.D. Ga., motion filed December 4, 2013). Information about the criminal charges appears in Issue 472 of this Update. Parnell has filed a motion to sever defendant and counts. The criminal proceedings against him are currently joined to charges against other company employees.
In False Claims Act (FCA) litigation arising from the sale to the U.S. Department of Agriculture of beef processed from the alleged abuse of downer cattle, WestlandMeat Co. has reportedly agreed to pay more than $3 million, or most of its owners and investors’ remaining assets. United States ex rel. The Humane Soc’y of the U.S. v. Westland/Hallmark Meat Co., No. 08-0221 (C.D. Cal., judgment filed November 27, 2013). The Humane Society had whistleblower videos showing slaughterhouse employees kicking, beating and dragging disabled cattle to slaughter, prompting the largest recall of beef in U.S. history over bovine spongiform encephalopathy concerns. Details about the video appear in Issue 247 of this Update. The agreement apparently reduces the bankrupt company’s liability to some $155 million, from a previous treble damages judgment of nearly $500 million. According to a news source, the case involved disputed topics under FCA case law: implied certification and damages calculations. See…
Texas and California residents have filed a putative class action against Whole Foods Market Services, Inc. in a Texas federal court, alleging that the company’s private label lines include falsely labeled additive-laden and genetically modified (GM) foods, despite promises that its products contain “nothing artificial” and that it enforces “strict quality standards.” Gedalia v. Whole Foods Mkt. Servs., Inc., No. 13-3517 (S.D. Tex., filed November 28, 2013). Among purported transgressions are (i) organic infant formula containing 25 ingredients “prohibited from being in organic foods” as well as 30 artificial ingredients, and (ii) organic soy and almond milk containing “ingredients not permitted in organic foods.” The complaint also alleges that the company reneges on its promise to avoid ingredients grown from genetically engineered seed and relies on a Cornucopia Institute study purportedly showing that Whole Foods’ 365 Everyday Value® products “were contaminated with high levels of genetically engineered ingredients,” citing, in particular,…
In a putative class action against Amy’s Kitchen, a federal court in California has dismissed with leave to amend claims that the company has mislabeled its products by listing “evaporated cane juice” (ECJ) or “organic evaporated cane juice” as an ingredient. Figy v. Amy’s Kitchen, Inc., No. 13-3816 (N.D. Cal., order entered November 25, 2013). The company argued that the plaintiff “failed to allege that he relied on the products’ ingredient labeling” and thus lacked standing under the state’s Unfair Competition Law (UCL). According to the plaintiff, “reliance on a label misrepresentation is not a necessary element of a claim under the unlawful prong of the UCL.” Interpreting and applying In re Tobacco II Cases, 46 Cal. 4th 298 (2009), and Kwikset Corp. v. Superior Court, 51 Cal. 4th 310 (2011), the court held, “because the statutes plaintiff relies on prohibit specific types of misrepresentation on food labels—the listing of…
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