A recent study has allegedly concluded that high dietary sodium intake doubles the risk of cardiovascular disease (CVD) in patients with type-2 diabetes. Chika Horiakwa, et al., “Dietary Sodium Intake and Incidence of Diabetes Complications in Japanese Patients with Type 2 Diabetes–Analysis of the Japan Diabetes Complications Study (JDCS),” Journal of Clinical Endocrinology & Metabolism, July 2014. Researchers with the University of Niigata Prefecture analyzed food frequency questionnaires and disease incidence data for more than 1,500 people with type-2 diabetes who participated in the Japan Diabetes Complications Study (JDCS) during eight years of follow-up. Their results evidently showed that although sodium intake was not associated with overt nephrology, diabetic retinopathy or all-cause mortality, participants “who consumed an average of 5.9 g of sodium per day had about a 2-fold higher risk of CVD than those who consumed an average of 2.8 g/d.” “The study’s findings provide clear scientific evidence supporting low-sodium diets…
Category Archives Issue 531
According to a putative class action removed to Arkansas federal court, Whole Foods mislabels several of its 365 Everyday Value brand products as “organic” or “all natural” despite containing synthetic ingredients. Stafford v. Whole Foods Market Cal., No. 14-420 (E.D. Ark., removed July 22, 2014). Originally filed in Arkansas state court in June, the complaint accuses several products of mislabeling—for example, the plaintiff says, the 365 Everyday Value soft drink contains carbon dioxide, citric acid, tartaric acid, and caramel coloring despite its “all natural” label. Whole Foods argued to the state court that the potential class contains more than 100 people who seek over $5 million in damages, so the case was removed to federal court. Alleging that Whole Foods violated Arkansas labeling laws and breached warranties, the plaintiff seeks class certification, damages and interest. A similar case filed in New Jersey state court alleges that Breyers, a subsidiary of Unilever…
A California federal court has dismissed fraud claims against R.C. Bigelow in a putative class action accusing the company of advertising that its tea “delivers healthful antioxidants” when the levels of antioxidants are too low to benefit the consumer. Victor v. R.C. Bigelow, No. 13-2976 (N.D. Cal., order entered July 18, 2014). The court allowed to proceed the plaintiff’s claim that Bigelow’s antioxidants assertion on its packaging violated California’s Unfair Competition Law (UCL) based on the “unlawful” prong, but it dismissed with prejudice his claims that Bigelow had violated the “fraud” prong of the UCL. Despite arguing the importance of the word “deliver,” the plaintiff failed to prove that the phrase “delivers healthy antioxidants” represented that the product contained a high enough level of antioxidants to provide health benefits to the tea drinker; as the court had previously allowed the plaintiff to amend his complaint, the claims relating to fraudulent…
Finding no U.S. jurisdiction, the Eleventh Circuit has dismissed multidistrict litigation against Chiquita alleging the company was liable for aiding and abetting torture and war crimes by paying a paramilitary group for security. Cardona v. Chiquita Brands Int’l, No. 12-14898 (11th Cir., order entered July 24, 2014). Relatives of alleged victims of the paramilitary group filed actions against Chiquita in 2010 and 2011. Additional information on the litigation appears in Issues 342, 345 and 387 of this Update. A district court denied Chiquita’s motion to dismiss but the Eleventh Circuit has reversed this decision, relying on the U.S. Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum, 133 S. Ct. 1659 (2013). As in Kiobel, “[t]here is no allegation that any torture occurred on U.S. territory, or that any other act constituting a tort in terms of the [Alien Tort Statute (ATS)] touched or concerned the territory of the United States with…
The Third Circuit has reversed a Michigan district court’s dismissal in a case alleging that H.J. Heinz Co. stole the idea for the “Dip & Squeeze” ketchup packet from plaintiff David Wawrzynski, an inventor who had proposed the idea to the company in 2008. Wawrzynski v. H.J. Heinz Co., No. 13-4100 (3d Cir., order entered July 21, 2014). Wawrzynski owned a 1997 patent for a condiment packet that allowed users to dip food into it. From that idea, he developed a “separate and distinct” condiment packet that he called the Little Dipper, which allowed users to either dip food into it or squeeze out the contents. He met with Heinz in 2008 and discussed the possibility of selling the idea to the company, but they never reached a deal. Later, Heinz released its Dip & Squeeze ketchup packet, which allows users the option of dipping food directly into it or…
The Second Circuit has reversed a district court’s decision that ordered the U.S. Food and Drug Administration (FDA) to initiate hearings responding to a livestock antibiotics challenge from the Natural Resources Defense Council (NRDC) based on a 1977 agency finding that the use of growth antibiotics for healthy animals was unsafe. NRDC v. FDA, No. 12-2106 (2d Cir., order entered July 24, 2014). Two judges were “firmly persuaded that Congress has not required the FDA to hold hearings whenever FDA officials have scientific concerns about the safety of animal drug usage,” that FDA has discretion on proceedings to withdraw approval of animal drugs, and that the law requires “withdrawal of approval of animal drugs or particular uses of such drugs only when the FDA has made a final determination, after notice and hearing, that the drug could pose a threat to human health and safety.” In 1977, FDA planned to…
The U.K. Advertising Standards Authority (ASA) has dismissed a competitor’s complaint alleging that Unilever UK Ltd.’s commercial for its pyramid-shaped teabags “exaggerated the capability and performance of the advertised product.” Tata Global Beverages reportedly argued that (i) the visual demonstration used in a TV commercial for PG Tips tea was misleading, (ii) Unilever’s claim that “the tea has more room to move freeing the great fresh taste” could not be substantiated, and (iii) “the comparison with a round teabag denigrated Tata’s brand ‘Tetley’ because they believed that they were an identifiable competitor and that the ad portrayed the brand in a negative light.” According to ASA, Unilever not only countered that the visual demonstration in question “imitated consumer behavior when making tea,” but noted that the claims reflected the results of product testing and mathematical modeling supplied to ASA for review. Denying that the ad made a direct comparison to…
The Canada Food Inspection Agency (CFIA) has announced new administrative monetary penalties (AMPs) for businesses that fail to meet the requirements laid out in the Meat Inspection Act (MIA) and Meat Inspection Regulations, 1990 (MIR). According to a July 16, 2014, press release, the agency is amending the Agriculture and Agri-Food Administrative Monetary Penalties Regulations to “allow CFIA inspectors to issue an AMP for noncompliance with 84 provisions of [MIA] and [MIR],” which include items related to both food safety and non-safety issues such as labeling. “AMPs are an additional tool that will support the CFIA in delivering its mandate for food safety, explained Chief Food Safety Officer for Canada Martine Dubuc. “AMPs do not replace existing inspection and enforcement tools, but instead offer additional flexibility in addressing meat-related violations.” Issue 531
Health Canada has proposed nutrition labeling changes as part of an ongoing effort to make food and beverage labels easier for consumers to read. Based on a public consultation, the conclusions of Canadian Food Inspection Agency’s Food Labelling Modernization Initiative and a technical review of current labels, the amendments would revise the Nutrition Facts table, ingredient list and suggested Daily Values to take into account “the most up to date scientific information and consumption habits.” In particular, the proposed changes would (i) adjust serving sizes to reflect “the amounts of food that Canadians actually eat in one sitting,” (ii) update the Daily Values and nutrients displayed in the Nutrition Facts table; (iii) refresh the appearance of the Nutrition Facts table and ingredient list to emphasize calories, added sugars and other nutrients of concern to Canadian consumers, and (iv) create “an optional information box highlighting the presence of certain bioactive components,…
The European Union (EU) and the Southern African Development Community (SADC)—Botswana, Lesotho, Mozambique, Namibia, South Africa, and Swaziland—have agreed to protect each other’s geographical indication (GI) names on agricultural products. The EU lists 251 GIs it seeks to protect for a variety of products, focusing especially on dairy products like cheese, while South Africa’s 105 GIs are primarily wine-related. As a result of the agreement, the countries will allow the labeling of a product as the GI only if it originated from a designated area, but they will respect previously registered trademarks. “[GIs] are a key tool to protect the know-how of farmers and develop added value in quality agricultural products,” said EU Agricultural Commissioner Dacian Ciolos. See Law360, July 22, 2014. Issue 531
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