Category Archives Issue 524

Researchers in the Netherlands have reportedly identified a link between computer games with food advertisements and higher calorie consumption in children, especially among those identified as impulsive. Frans Folkvord et al., “Impulsivity, ‘Advergames,’ and Food Intake,” Pediatrics, May 5, 2014. The study of 261 children aged seven to 10 assessed them for impulsivity, and then they played a matching game with branded content—an “advergame”— of either a candy brand or a toy brand. While the children were allowed to eat candy during play, half of each group playing each game was told that they would be rewarded for refraining from eating. The researchers observed the children for five minutes and measured their food intake. Overall, the children playing the game with the candy brand ate more than the group playing the toy-branded game, but most of the children who were promised rewards for not eating the candy consumed fewer calories…

A recent study by Purdue University scientists has purportedly concluded that the amounts of artificial food colors found in many popular U.S. foods are much higher than previously thought, and children—the target market for the most heavily dyed foods—could be consuming 100 to 200 mg of artificial color in a day, well over the 30 mg that has allegedly been shown to contribute to behavioral disorders such as attention deficit hyperactive disorder. Although manufacturers are required to disclose whether a food contains artificial coloring, the law does not require that they disclose how much of each color is used, and, according to the study, the amounts of artificial coloring in foods has increased more than five-fold since 1950. “In the 1970s and 1980s, many studies were conducted giving children 26 mg of a mixture of dyes,” said study author Laura Stevens. “Only a few children seemed to react to the…

“Fed Up,” a new documentary produced and narrated by Katie Couric, with appearances by food experts Marion Nestle, Michael Pollan and Michele Simon, among others, chronicles the struggle of obese children who have purportedly become addicted to food. While the film claims that unethical advertising, snack ubiquity, enabling parents, and poor school environments have contributed to America’s obesity epidemic, it primarily places the blame on this nation’s obsession with sugar and the government’s alleged capitulation to the food industry and its lobbyists, referring to them as pushers of “the new tobacco.” The film also features scientists Robert Lustig and David Ludwig, as well as real-food advocate Mark Bittman. See NPR The Salt, May 19, 2014.   Issue 524

Iowa State University Assistant Professor Austin Stewart has developed a virtual reality world that he says could be used to convince caged chickens that they are in a free-range environment. Stewart’s project, Second Livestock, envisions round skyscrapers filled with chickens wearing virtual-reality headsets and standing on omnidirectional treadmills. If implemented early in a chicken’s life, a chicken would believe that it is outside, Stewart suggests, and raising chickens in confinement could become more humane. While Stewart admits that his plan would be far too expensive to implement right now, “I had to show that this technology is plausible,” he said. See Ames Tribune, May 10, 2014.   Issue 524

A Papa John’s customer has filed a putative class action against the pizza company in Illinois state court, alleging that the chain illegally charges sales tax on delivery fees, resulting in each delivery customer overpaying by $0.16. Zucker v. Papa John’s Int’l, Inc, No. 14-668 (Madison Cty. Ct., filed May 5, 2014). Zachary Tucker argues that Illinois sales tax may be imposed only on the total sales price of tangible property, excluding the delivery fee, so long as the actual cost of delivery is less than the amount of the delivery fee. As a result, the complaint alleges, Papa John’s has violated and continues to violate the Uniform Deceptive Trade Practices Act (UDTPA), an Illinois consumer protection statute. In addition to class certification, Tucker seeks a cease-and-desist ruling to prevent Papa John’s from continuing to charge sales tax on delivery fees in Illinois, as well as damages for negligence, breach of…

Frank Magliato, “in his capacity as stockholder representative for the former shareholders of Natural Balance Pet Foods,” has reportedly filed a lawsuit against H.J. Heinz Co., alleging that the food company knowingly sold processed sheep lungs adulterated with rubber rings to Natural Balance. The complaint alleges that while Heinz knew both that the rubber rings had been lodged in internal organs of the sheep and that the rings could be hazardous to animals, the company did not alert Natural Balance or its customers to the potential danger. According to Magliato, Natural Balance recognized that the food was adulterated before selling the products, but had it not, Heinz’s negligence could have exposed the pet food company to litigation and damaged its reputation. Magliato seeks disgorgement of ill-gotten gains, restitution and $400,000 in damages for strict products liability, breach of express and implied warranty, negligence, unfair business practices and fraud, as well…

Stewart Parnell, former president of the Peanut Corp. of America (PCA), linked to a 2008-2009 nationwide Salmonella outbreak that allegedly killed nine who consumed products made with the company’s tainted peanut paste and injured some 700 others, has filed a motion asking the court to exclude “all evidence related to any alleged illness or death” during his criminal trial. United States v. Parnell, No. 13-cr 12 (M.D. Ga., motion filed May 20, 2014). Observing that the government’s pleaded harm “consists of monetary harm to the customers and individuals named” and that the entire case is “premised on the alleged wrongful conduct of obtaining money by false pretenses,” Parnell argues that victim-impact evidence is irrelevant and would be highly prejudicial. In this regard, he states, “[T]he only purpose for introducing evidence of salmonella-related illness and death is to inflame the jury in an effort to suggest a decision on an improper basis.”…

Federal prosecutors have reportedly filed criminal charges against Iowa-based Quality Egg LLC and two former company executives—Austin “Jack” DeCoster and his son Peter—over a 2010 Salmonella outbreak that sickened thousands across the country and resulted in the recall of some 550 million eggs. United States v. Quality Egg, LLC, No. 14-cr-3024 (N.D. Iowa, filed May 21, 2014). The charging document, which brings two felony counts of introducing adulterated food into interstate commerce against the company and related misdemeanor charges against the DeCosters, alleges that the company sold tainted eggs from early 2010 until the August recall. According to news  sources, the DeCosters are expected to enter guilty pleas on June 3, 2014, as part of a plea agreement that ends the four-year investigation. The charging document alleges that the company sold products with labels making “the eggs appear to be not as old as they actually were” from 2006 to 2010,…

After a three-week trial, a jury has reportedly cleared Anheuser-Busch of sex discrimination in a suit brought by former executive Francine Katz, who had alleged that she was paid less than her male counterparts because of her gender. Katz v. Anheuser-Busch Inc., No. 922-CC09513 (St. Louis Circ. Ct., verdict rendered May 16, 2014). Katz worked at Anheuser-Busch as vice president of communications and consumer affairs from 2002 to 2008, when she left following InBev NV’s November 2008 acquisition of the company. During the acquisition process, Katz learned that her compensation was lower than the pay received by her male colleagues on the strategy committee, and she filed a suit alleging violations of the Missouri Human Rights Act in 2009. Following the jury’s decision, Katz told the media that she hoped she had helped to draw attention to the issue of gender bias in compensation. See St. Louis Post-Dispatch, May 17,…

A New York state court has granted a motion for summary judgment and dismissed libel claims filed against Fox Television Stations Inc. by a D’Lites ice cream seller. Prince v. Fox Television Stations Inc., No. 107129/2011 (N.Y. S. Ct., order entered May 6, 2014). Matthew Prince filed a libel suit against Fox after a local channel in New York aired a report claiming that the low-calorie ice cream sold in the D’Lites stores Prince would soon be opening in the area contained more than three times as many calories, carbohydrates, total fat, and sugar than the amounts the chain advertised—for example, 148 calories rather than the advertised 50. The court rejected Fox’s argument that its report had not sufficiently identified Prince, despite that the reporters only visited stores that Prince did not own and the report briefly showed a screenshot of the D’Lites website listing what cities would soon have…

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