Category Archives Issue 523

Researchers at Penn State University’s College of Agricultural Sciences have purportedly found that edible films made from pullulan—a transparent polymer produced by the fungus Aureobasidium pulluns, silver nanoparticles, zinc oxide, and oregano and rosemary essential oils—can inhibit foodborne pathogens on meat products. Mohamed K. Morsy, et al., “Incorporation of Essential Oils and Nanoparticles in Pullulan Films to Control Foodborne Pathogens on Meat and Poultry Products,” Journal of Food Science, April 2014. Observing that the films inhibited the growth of four pathogens: Staphylococcus aureus, Salmonella Typhimurium, Listeria monocytogenes, and E. coli O157:H7—to varying degrees, the researchers concluded that they could form “the basis of a useful packaging tool to improve the safety of meat products.” According to Penn State University Food Science Professor Catherine Cutter, who co-authored the study, the edible films are a “novel but effective way” to deliver antimicrobial agents to meats because the bacteria-killing action lasts longer than the liquid applications traditionally used. “The results from…

Harvard researchers have found that staple crops grown in environments with levels of carbon dioxide (CO2) similar to the levels expected in 2050 had less zinc, iron and protein than crops grown at current CO2 levels. Samuel S. Myers et al., “Increasing CO2 threatens human nutrition,” Nature, May 2014. The researchers conducted field trials of 41 strains of wheat, rice, maize, and soybeans grown in seven locations on three continents, elevating the CO2 levels from the current average of about 380-390 parts per million (ppm) to the expected levels in 2050 of 545-585 ppm. The wheat, rice and maize grown at the higher CO2 levels each had about 5 to 10 percent less zinc, iron and protein, while soybeans lost similar amounts of zinc and iron but maintained current levels of protein. The precise biological reason for the declines remains unclear, but researchers reportedly said that the nutrient reduction could…

A recent review has reportedly identified several flaws in the widely cited 1970s study which found that diets rich in omega-3 fatty acids could help fight coronary artery disease (CAD). George J. Fodor et al., “‘Fishing’ for the origins of the ‘Eskimos and heart disease’ story. Facts or wishful thinking? A review,” Canadian Journal of Cardiology, April 2014. In the original study, Danish researchers examined the diet of Greenland Eskimos and linked the high amount of fish oil to the purportedly low incidence of CAD. A team of researchers has reexamined the original study as well as more recent studies on the Eskimo population and found that Eskimos actually suffer CAD at the same rate as Caucasians. The 2014 study identifies several reasons why the original study’s source for CAD rates in the Greenland Eskimos—the annual reports produced by the Chief Medical Officer of Greenland—were likely insufficient, including poor reporting…

A recent study has claimed that children consume more artificial food colors (AFCs) than previously thought, raising concerns about potential health effects not addressed by federal guidelines. Laura Stevens, et al., “Amounts of Artificial Food Dyes and Added Sugars in Foods and Sweets Commonly Consumed by Children,” Clinical Pediatrics, April 2014. In addition to reporting the AFC content of individual brand-name foods and beverages, Purdue University researchers ultimately calculated that the U.S. Food and Drug Administration (FDA) certified 62 mg of AFCs per capita per day in 2010, up from 12 mg per capita per day in 1950. According to the Center for Science in the Public Interest (CSPI), these levels of AFC consumption “are higher than the levels demonstrated in some clinical trials to impair some children’s behavior.” “In the 1970s and 1980s, many studies were conducted giving children 26 mg of a mixture of dyes,” one study author was…

Drink mixes intended to replace meals altogether have garnered attention from the media recently as part of a larger trend of “lifehacking,” a cultural Silicon Valley export that aims to streamline daily life obligations. A recent New Yorker article by Lizzie Widdicombe profiles Rob Rhinehart, creator of Soylent, a drink mix that purports to provide all the daily nutrients that a human needs. The concoction includes lipids from canola oil, carbohydrates from maltodextrin and oat flour, protein from rice, fish oil from omega-3s, and doses of magnesium, calcium and electrolytes. Rhinehart, who says that he has drunk Soylent for 90 percent of his meals in the past year and a half, describes Soylent not as a meal replacement like many diet mixes currently on the market but rather as a food substitute that a person could subsist on alone. The first 30,000 units of commercially produced Soylent shipped to customers…

The New York City Food Policy Center at Hunter College has announced a May 20, 2014, meeting at the Roosevelt House Public Policy Institute at Hunter College in New York City, to discuss ways of translating conflicting information about salt into public health policy. Professor of Public Health at the City University of New York School of Public Health and Hunter College Nicholas Freudenberg is slated to moderate the panel with participants former Commissioner of Health, New York City Department of Health and Mental Hygiene’s Thomas Farley; and Professor and Department Chair of Epidemiology at the Mailman School of Public Health at Columbia University’s Sandro Galea Gelman. See NYCFoodPolicy.org, May 7, 2014.   Issue 523

Repeated motions of lifting pitchers, steaming milk and stamping espresso may cause medial epicondylitis—golfer’s elbow—or other stress injuries in baristas. A recent New York Post article chronicles one woman’s experience with a stress injury allegedly resulting from her job duties as a barista. In addition, a former barista in Canberra, Australia, was recently awarded $600,000 (AUD) in damages after she had a rib removed and was diagnosed with a nerve disorder as a result of the stress from repeatedly holding a 4.4-pound jug of milk while the coffee machine steamed it. According to an informal survey conducted by coffee website Sprudge, 55 percent of 475 respondents reported they had sustained repetitive stress injuries in their barista work. While treatment can include physical therapy or surgery, a certified hand specialist who spoke to the Post said that preventative measures like exercise and better posture can help protect coffee shop employees from…

Ice cream truck franchiser Mister Softee Inc. has filed a motion for a preliminary injunction in a lawsuit alleging trademark infringement and violation of a non-compete covenant against former franchisee Dimitrios Tsirkos, who converted his 16 Mister Softee trucks to Master Softee trucks and began selling his own ice cream out of them at the beginning of the 2014 ice cream truck season. Mister Softee of Queens Inc. v. Tsirkos, No. 14-1975 (S.D.N.Y., motion filed April 25, 2014). Mister Softee ended Tsirkos’ franchise contract after he refused to pay $74,000 in franchise royalties for his trucks, but Tsirkos allegedly adjusted the logo on his trucks, started his own soft-serve depot and began selling ice cream in New York City anyway. Tsirkos has filed a motion opposing the injunction, and a hearing is set for May 15, 2014. See Law360, May 2, 2014. See New York Daily News, May 1, 2014.  …

Two consumers have filed a putative class action against dairy cooperative Darigold Inc., a subsidiary of Northwest Dairy Association, for false advertising and fraud by concealment, alleging that the company misrepresented the conditions in which its milk is produced. Ruiz v. Darigold Inc., No. 14-2054 (N.D. Cal., May 5, 2014). Yesenia Ruiz and Fernando Dorantes argue that they would not have purchased Darigold’s products if they had known about the purportedly poor conditions in which its employees work and its cows are milked. According to the complaint, Darigold employees are denied drinkable water, break periods and lunch rooms, and some of its cows are sick and injured but are milked anyway. The plaintiffs also assert claims under California’s Unfair Competition Law; the unjust enrichment laws of California, Washington and Oregon; Washington’s Consumer Protection Act; and Oregon’s Unlawful Trade Practices Act.   Issue 523

A California resident has filed a putative nationwide class action against Trader Joe’s alleging that the company fails to disclose “the dangerously high” sodium content contained in its sunflower kernels and sunflower shells and then markets the products as a “good” or healthy snack. DiSimone v. Trader Joe’s Co., No. BC544924 (Cal. Super. Ct., Los Angeles Cty., filed May 6, 2014). Claiming that the company deceives consumers by listing a single serving “with Shells” as containing 690 milligrams (mg) of sodium or “29%” of the total daily value established by the U.S. Food and Drug Administration (FDA), the plaintiff contends that the seeds and shells, which are also placed in the mouth, actually contain more than 2,350 mg of sodium, an amount that far exceeds a large order of McDonald’s French fries at 350 mg of sodium. The plaintiff further asserts that the average consumer will eat more than one…

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