Category Archives Issue 534

Three studies recently published in The New England Journal of Medicine (NEJM) have answered the Institute of Medicine’s call for additional data on the effects of salt consumption on human health, raising questions about the relationships between sodium intake, blood pressure, cardiovascular events, and mortality. Relying on the Prospective Urban Rural Epidemiology (PURE) cohort study that followed more than 150,000 adult participants from a selection of low-, middle- and high-income countries, two of the articles used urinary sodium and potassium excretion measurements to estimate dietary sodium consumption. One study reported that, despite previous research linking sodium intake to hypertension, the association between sodium and potassium excretion and blood pressure was “non-linear and most pronounced in persons consuming high salt diets, persons with hypertension, and older persons.” Andrew Mente, et al., “Association of Urinary Sodium and Potassium Excretion with Blood Pressure,” NEJM, August 2014. Looking at mortality and cardiovascular events, the second…

National Canadian newspaper The Globe and Mail has traced the history of sugar from its roots as a luxury to its current incarnation as a “forbidden fruit, the momentary pleasure infused with a lifetime of guilt.” Author John Allemang argues that the human taste for sweetness is natural and that “when we denounce sugar, we are defying our nature.” He describes sugar’s history, from its inclusion in recipe collections dating to about 1300 that extolled its ability to relieve illness to its use in creating plates and sculptures as a model of early conspicuous consumption. From there, it took on negative overtones through its association with slavery, colonialism and environmental degradation; later, sugar consumption became a moral failing. “[Early nutritionists] understood it to be seductive,” Elizabeth Abbott, author of Sugar: A Bittersweet History, told Allemang. “This prompted moral outrage: When you ate it, you kept wanting to have more.” The Industrial…

Whole Foods Market has begun selling rabbit meat at select stores nationwide, and rabbit advocacy groups have planned protests in response. In a May 2014 press release, Whole Foods announced its plan to sell rabbit meat raised according to its animal-welfare standards, including the requirements that the rabbits have “continuous access to drinking water, feed, roughage, gnawing blocks, tunnels and places for seclusion” as well as treatment for injuries. Unsatisfied, the House Rabbit Society has planned a day of action for August 17, 2014, encouraging participants to “politely talk to Whole Foods customers about the company’s decision to sell rabbit meat” with the goal of generating comment cards critical of the new policy. Whole Foods said it introduced rabbit meat in response to customer demand, and a spokesperson told Huffington Post that it is “sensitive to the companion animal issue.” Considering the rise in popularity of rabbit meat at restaurants,…

A recent Trends in Biotechnology review highlighting “genetically edited organisms” (GEOs) has reportedly suggested that new techniques designed to tweak the existing genome could gain greater public acceptance than older methods, which traditionally use plant bacteria to insert foreign genetic material into fruit and vegetables. According to an August 13, 2014, Cell Press news release, the review co-authored by Istituto Agrario San Michele researcher Chidananda Nagamangala Kanchiswamy also raises questions about how regulators will classify crops that possess genomes edited to optimize nutrition or longevity. “The researchers say that genetically edited plants, modified through the insertion, deletion, or altering of existing genes of interest, might even be deemed as nongenetically modified, depending on the interpretation of the EU commission and member state regulators,” notes Cell Press. In particular, these new tools could overcome legal barriers in countries slow to adopt genetically modified organisms (GMOs). “We would like people to understand…

Ruling against Val-de-Travers absinthe producers, the Swiss Federal Administrative Tribunal has reversed a 2010 Federal Office of Agriculture decision confirming the “protected geographical indications” registration of the terms “absinthe,” “fée verte”—the green fairy and “la bleue.” Guignon v. Ass’n interprofessionnelle de l’Absinthe, No. B-4820/2012 (Tribunal administratif fédéral, decided August 13, 2014). The court said in a press release that it believed “that this denomination refers to a type of good, regardless of its origin, and not to a product originating specifically from Val-de-Travers.” According to the court, just a small percentage of people in Switzerland associate the terms with this region, a district in the Neuchâtel canton. The president of the absinthe association, which registered the terms on behalf of the producers and defended the appeals filed by distillers in France, Germany and Switzerland, reportedly characterized the decision as “incomprehensible” because most of Switzerland’s absinthe is produced in Val-de-Travers and the ruling…

A California appeals court has determined that the state Labor Code requires employers to reimburse employees who “must use their personal cell phones for work-related calls”; so ruling, the court reversed a class-certification denial and ordered the lower court to reconsider the motion in light of this interpretation of the law. Cochran v. Schwan’s Home Serv., Inc., No. B247160 (Cal. Ct. App., decided August 12, 2014). The trial court denied certification due to lack of commonality and because a class action was not a superior method to litigate the claims. In its view, if an employee did not pay the cell phone charges because someone else did or the employee purchased a different cell phone plan that accommodated the calls, individual inquiries into the plans and payments would be necessary to determine liability. According to the appeals court, the issue in the case is whether an employer must always “reimburse…

Echoing a putative class action filed in Massachusetts federal court on August 1, 2014, a plaintiff has filed a lawsuit against Whole Foods Market in Pennsylvania state court accusing the retailer of mislabeling its 365 Everyday Value yogurt’s sugar content as 2 grams despite containing 11.4 grams, according to test results published in the July issue of Consumer Reports. Clemente v. Whole Foods Market Inc., No. 140801271 (Ct. of C.P. of Pa., Philadelphia Cty., filed August 11, 2014). The plaintiffs accuse Whole Foods of knowingly mislabeling its yogurt, citing a statement on the Whole Foods website that allegedly reads, “Our Private Label registered dietician reviews each nutrition label for accuracy and completeness before the label is printed. All attempts are made to review nutrition labels on a regular basis to ensure accuracy.” In the complaint, the plaintiffs argue, “Unless this statement on Defendant’s website is false, then Whole Foods Market was…

As the criminal prosecution of Peanut Corp. of America executives continues into its second week, the former south Georgia peanut-processing plant manager reportedly admitted lying to federal investigators about positive tests for Salmonella in company products and the frequency of testing “to play damage control, [and in an effort] to protect the company.” According to news sources, Samuel Lightsey, who agreed to plead guilty to seven criminal counts to reduce his potential prison sentence in exchange for his testimony against his former colleagues, also testified that the company cheated on safety testing by switching samples and shipping thousands of pounds of peanut products after learning they were contaminated or before testing could be completed. The contaminated peanut paste, traced to the Peanut Corp. facility, allegedly sickened more than 700 people and killed nine in a 2008-2009 Salmonella outbreak that led to one of the largest food recalls in U.S. history.…

Following similar decisions from courts across the country, two California federal courts have delayed final rulings in cases accusing Kashi and Trader Joe’s of mislabeling their products by using the term “evaporated cane juice” (ECJ) in their ingredient lists rather than simply “sugar,” which the plaintiffs allege is the same substance. Gitson v. Trader Joe’s Co., No. 13-1333 (N.D. Cal., order entered August 7, 2014); Saubers v. Kashi Co., No. 13-899 (S.D. Cal., order entered August 11, 2014). In the proposed class action against Kashi, the plaintiffs accused the Kellogg-owned company of “misbranding” more than 75 different food products by listing ECJ instead of sugar on its labels to conceal its inclusion in the foods. The court found that the plaintiffs’ claims relied “heavily, if not entirely, on the premise that the [U.S. Food and Drug Administration (FDA)] has concluded that ‘evaporated cane juice’ is not the common or usual name…

The U.S. Environmental Protection Agency (EPA) and several conservation groups have agreed to a settlement that limits pesticide use near salmon habitats in three states in a lawsuit accusing the agency of failing to assess the effects of pesticides on salmon despite a 2004 court decision ordering it to consult with National Marine Fisheries Service (NMFS) on the issue. Nw. Ctr. for Alts. To Pesticides v. EPA, No. 10 1919 (W.D. Wash., stipulated settlement agreement filed August 13, 2014). The settlement bans aerial spraying of five pesticides—carbaryl, chlorpyrifos, diazinon, malathion, and methomyl—within 300 feet and ground applications within 60 feet of salmon habitats in California, Oregon and Washington. The restrictions will be in place while NMFS analyzes the impact of the pesticides on salmon, and according to the settlement, EPA will then be required to enact permanent protections based on the findings. The Fourth Circuit struck down similar provisions in 2013…

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