Cornell University researchers have reportedly identified five new species of Listeria that they suggest could provide new insights leading to better methods of detecting soil bacteria in food. Funded by the U.S. Department of Agriculture, the research was part of a larger study led by scientists at Colorado State University and Cornell to examine the distribution of foodborne pathogens, such as Listeria, E. coli and Salmonella, in agricultural and natural environments. Samples were taken from fields, soil, ponds, and streams in New York, Colorado and Florida. Noting that of the 10 previously known species of Listeria, only two are pathogenic to humans, the researchers claim that Listeria monocytogenes is the main cause of Listeriosis, reportedly the cause of hundreds of deaths and illnesses each year in the United States through infected deli meats, seafood and produce. According to lead study author Henk den Bakker, the study findings have implications for understanding the evolution of what makes…
Category Archives Issue 519
A recent study has reportedly demonstrated “the protective effect of coffee on non-viral hepatitis-related cirrhosis mortality.” George Boon-Bee Goh, et al., “Coffee, alcohol and other beverages in relation to cirrhosis mortality: the Singapore Chinese Health study,” Hepatology, April 2014. Funded by the National Institutes of Health, researchers examined diet, lifestyle and medical history data from 63,275 middle aged participants enrolled in The Singapore Chinese Health Study over a mean follow-up of 14.7 years. During that time, 114 participants died from cirrhosis related to viral hepatitis (33 percent), chronic alcohol consumption (12 percent) and hepatitis C (2 percent), as well as biliary cirrhosis, autoimmune cirrhosis, and cryptogenic or unspecified cirrhosis. In addition to finding that alcohol consumption was “a strong risk factor for cirrhosis mortality,” the study evidently showed an inverse dose dependent relationship between caffeine intake and non-viral cirrhosis mortality. The study’s authors have suggested that “the benefit of coffee on…
A recent study has purportedly claimed that “both low sodium intakes and high sodium intakes are associated with increased mortality,” raising questions about sodium consumption guidelines set by the Centers for Disease Control and Prevention (CDC) and other health authorities. Niels Graudal, et al., “Compared with Usual Sodium Intake, Low- and Excessive-Sodium Diets are Associated with Increased Mortality: A Meta-Analysis,” American Journal of Hypertension, April 2014. After analyzing data from 23 cohort and two followup studies involving 274,683 individuals, Danish researchers reported that the risks of all-cause mortality and cardiovascular disease events “were decreased in usual sodium vs. low sodium intake… and increased in high-sodium vs. usual sodium intake,” a result “consistent with a U shaped association between sodium intake and health outcomes.” In particular, the main findings apparently showed that “2,645-4,945 mg of sodium per day, a range of intake within which the vast majority of Americans fall, actually results…
A recent New York Times article highlighting the apparent fragility of the lime harvest has blamed a recent shortage on “weather, disease and even Mexican criminals,” warning that increased wholesale prices have only compounded the problem. According to citrus researcher David Karp, a citrus greening disease known as huanglongbing (HLB) has already infiltrated groves in Mexico, which supplies 95 percent of the limes consumed in the United States. In addition to reducing the Key lime harvest by one-third in the past three years, the presence of HLB in Colima has stoked fears that the disease will spread to Persian limes located in Veracruz and other Mexican states. In addition, as industry leaders told Karp, the current shortfall has not only induced farmers to strip their trees early “to cash in on sky-high prices,” but attracted the attention of criminal cartels that have reportedly started “plundering fruit from groves and hijacking…
“Today many plastic products, from sippy cups and blenders to Tupperware containers, are marketed as BPA-free. But [George Bittner’s] findings—some of which have been confirmed by other scientists—suggest that many of these alternatives share the qualities that make BPA [bisphenol A] so potentially harmful,” writes Mariah Blake in a new investigative report examining the purported effects of BPA-free plastic on human health. Published in the March/ April 2014 issue of Mother Jones, the report relies on research conducted by CertiChem, a laboratory founded by University of Texas-Austin Neurobiology Professor George Bittner, whose previous work in Environmental Health Perspectives claimed that “almost all” store-bought food containers “tested positive for estrogenic activity,” including those marketed as BPA-free. In particular, the report points to these findings as evidence that the independent studies used by industry and regulatory authorities are unreliable. “Many of the same scientists who were involved in doing tobacco industry research are…
A South Dakota court has determined that most of the claims filed by the makers of lean finely textured beef (LFTB) against ABC News, certain news correspondents, including Diane Sawyer, and former U.S. Department of Agriculture (USDA) employees may proceed. Beef Prods., Inc. v. Am. Broadcasting Cos., Inc., No. 12-292 (Union Cty. Cir. Ct., S.D., order entered March 28, 2014). Information about the lawsuit appears in Issue 453 of this Update. While the court found the plaintiffs’ claims for common law disparagement preempted by a state statute addressing the elements of a disparagement cause of action, available relief and statute of limitations, it limited its dismissal with prejudice to those alleged tortious statements expressly stating or implying that the product is not safe for human consumption. As to the defamation claims, the court found that the three plaintiffs were appropriate parties because the complaint sufficiently alleged that people who heard the…
Diageo Americas Supply, Inc. has filed a declaratory judgment action against the Tennessee Alcoholic Beverage Commission director challenging the constitutionality of a 1937 law that requires licensed alcohol beverage makers in the state to store their products “only within the county authorizing the operation or in a county adjacent to the county authorizing the manufacturing operation, and such possession shall be limited to storage facilities of such manufacturer” (Storage Law). Diageo Americas Supply, Inc. d/b/a George A. Dickel & Co. v. Bell, No. 14-0873 (M.D. Tenn., filed March 28, 2014). Alleging that the law has never been enforced, the complaint includes the defendant’s March 20 letter warning the company that it was in violation of the Storage Law because it “is storing product (manufactured/distilled alcoholic beverages) produced at its Tullahoma, Tennessee, distillery in warehouses located in Louisville, Kentucky.” According to the company, most of its distilled alcohol beverages are stored on-site…
A federal court in California has dismissed the claims of one named plaintiff in a putative class action alleging that certain Costco Kirkland branded products are misbranded and deceptive, and narrowed the claims of the other named plaintiff. Thomas v. Costco Wholesale Corp., No. 1202908 (N.D. Cal., order entered March 31, 2014). The plaintiff whose claims were dismissed for lack of standing had alleged that the “0 grams trans fat” labeling on Kirkland Signature Kettle Chips was untruthful or misleading. The court agreed with the defendant that she had not cured the standing defects in her second amended complaint (SAC) and thus dismissed her claims with prejudice. Among other matters, she failed to (i) allege that the chips she purchased included any amount of trans fat or that she received a product different from the one as labeled, (ii) demonstrate that the label violated 21 C.F.R. § 101.13(h)(1), or (iii)…
A federal court in California has granted in part and denied in part the motion to dismiss filed in a putative class action against Whole Foods Market. Pratt v. Whole Foods Mkt. Cal., Inc., No. 12-5652 (N.D. Cal., order entered March 31, 2014). The claims relate to a number of 365 Everyday Value® products that the plaintiff purchased and involve the following allegedly unlawful or misleading label representations: “evaporated cane juice” (ECJ), “natural” and “no sugar added.” Because the plaintiff abandoned in his amended complaint all claims regarding the defendants’ whipped topping product, the court dismissed all claims based on this product with prejudice as to the plaintiff and without prejudice as to any putative class member. The “no sugar added” claims were thus dismissed, “as the only product alleged to have such a misleading claim was the whipped topping.” The court also emphasized that, per its August 2013 order, any claims…
A federal court in Kentucky has determined that distillery neighbors may proceed with state law-based tort claims alleging that the facility’s emissions cause “whiskey fungus” to accumulate on their real and personal property. Merrick v. Diageo Americas Supply, Inc., No. 12-0334 (W.D. Ky., Louisville Div., order entered March 19, 2014). Additional details about the lawsuit appear in Issue 444 of this Update. Finding conflicting authority on whether the Clean Air Act (CAA) preempts the plaintiffs’ claims for negligence and gross negligence, temporary and permanent nuisance and trespass, the court carefully analyzed related U.S. Supreme Court, federal court and state court rulings. It concluded that the Third Circuit’s analysis in Bell v. Cheswick Generating Station, 734 F.3d 188 (3d Cir. 2013), and the Sixth Circuit’s in Her Majesty the Queen in Right of the Province of Ontario v. City of Detroit, 874 F.2d (6th Cir. 1989), “capture the prevailing law for…
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