A new study has reportedly found that U.K. residents with at least two fast-food restaurants within 500 meters of their homes have significantly increased odds of developing Type-2 diabetes. Danielle Bodicoat, et al., “Is the number of fast-food outlets in the neighborhood related to screen-detected type 2 diabetes mellitus and associated risk factors?,” Public Health Nutrition, November 2014. After analyzing data from three cross-sectional studies with a total of 10,000 participants, University of Leicester researchers estimated that for every additional two outlets per neighborhood, the population would have one additional diabetes case, “assuming a causal relationship between the fast-food outlets and diabetes.” “The observed association between the number of fast-food outlets with obesity and type 2 diabetes does not come as a surprise; fast-food is high in total fat, trans-fatty acids and sodium, portion sizes have increased two to fivefold over the last 50 years and a single fast-food meal provides…
Category Archives Issue 545
Consumer advocacy watchdog Environmental Working Group (EWG) has issued a new iteration of its “Dirty Dozen Guide to Food Additives.” Reportedly based on hundreds of studies and information culled from EWG’s Food Scores database, the resource purports to cover “food additives associated with serious health concerns, ingredients banned or restricted in other countries, and other substances that shouldn’t be in food.” The substances that EWG deems the “dirty dozen” include nitrites and nitrates; potassium bromate; propyl paraben; butylated hydrosyanisole (BHA); butylated hydroxytoluene (BHT); propyl gallate; theobromine; secret flavor ingredients; artificial colors; diacetyl; phosphate-based food additives; and aluminum-based food additives. See EWG Press Release, November 12, 2014. Issue 545
According to a Sustainable Investments Institute report, corporations globally invest some $9 billion annually in nanotechnology, yet less than one-tenth of S&P 500 companies make this information public to shareholders and other stakeholders and none has discussed purported health, environmental or safety risks in their Securities and Exchange Commission Form 10-Ks. Shareholders are apparently beginning to engage companies in discussions about these risks; the first ever nano-related shareholder resolution was brought to a vote in 2014 (garnering 18.6 percent support before Dunkin’ Brands’ shareholders), and “[c]oncerned investors are promising to step up their efforts in 2015.” The report outlines issues that investors should consider regarding companies that rely on, develop or use nanotechnology and nanomaterials; the current state of S&P 500 company disclosures; the history of the 30-year development of nanotechnology in the United States, including the most promising areas; currently identified areas of risk; EU and U.S. approaches to…
Researchers with the University of California, San Francisco (UCSF), and two other universities have launched a campaign targeting added sugar consumption. Led by UCSF Health Policy Professor Laura Schmidt, the Sugar-Science Initiative bills itself as “the authoritative source for the science about added sugar and its impact on our health.” The resulting Website features public health messages gleaned from 8,000 scientific papers that the group reportedly vetted for accuracy and conflicts of interest. Among other things, the initiative focuses on the alleged toxicity of fructose and high-fructose corn syrup, arguing that added sugar consumption contributes to liver and cardiovascular disease, diabetes and obesity. As contributor Robert Lustig explained, “It used to be a condiment, now it’s a diet staple. As pediatricians, we had evidence of the connection between sugar and diabetes, heart disease and liver disease for years, but we haven’t had this level of definitive scientific evidence to back up…
Calling Berkeley, California, voters’ recent passage of a 1-cent-per-ounce tax on sugar-sweetened beverages (SSBs) a “victory for the health of Americans,” Australia’s Rethink Sugary Drink Campaign is urging state and local governments to enact comparable measures. The initiative is a partnership among the groups Cancer Council Australia, Diabetes Australia and Heart Foundation (Victoria). “Australia is among the top 10 countries for per capita consumption of soft drinks,” Cancer Council Australia’s Craig Sinclair said. “Research shows that a retail price increase of around 20 percent would be the most effective in reducing the consumption of these sugar-laden drinks.” The Campaign asserts that SSB consumption is linked to a variety of weight-related health issues and also champions state and local regulations to (i) limit children’s exposure to SSB marketing; (ii) restrict the sale of SSBs in primary and secondary schools; and (iii) reduce the availability of SSB sales in workplaces, government offices, health…
An Arizona resident has filed a putative class action in an Illinois federal court claiming that Jimmy John’s Franchise, LLC failed to secure its customers’ personal and financial data, which were purportedly accessed through the company’s point-of-sale systems at some 216 restaurant locations, between June and September 2014. Irwin v. Jimmy John’s Franchise, LLC, No. 14-2275 (C.D. Ill., filed November 6, 2014). While the named plaintiff alleges that access to her credit card information led to “five fraudulent charges to the credit card that she used during the aforesaid transactions at Jimmy John’s,” she seeks to represent 39 separate statewide classes and a District of Columbia class of all those who used a debit or credit card at Jimmy John’s during the data breach regardless of whether they actually experienced a loss or identity theft. The plaintiff alleges that Jimmy John’s failed to promptly discover and block the data breach,…
According to a news source, New Jersey residents have filed a putative class action in state court against the Texas-based company that makes Tito’s Handmade Vodka®, the fourth such action filed within the past two months, alleging that promoting and labeling the product as “handmade” deceives consumers because the vodka is made in an industrial facility and the company sells more than 15 million bottles a year. McBrearty v. Fifth Generation, Inc. The first complaint was filed in California in September 2014 and subsequently removed to federal court, Hofmann v. Fifth Generation, Inc.; the second followed in early October in an Illinois state court, Aliano v. Fifth Dimension, Inc.; the third was filed in a Florida federal court, Pye v. Fifth Generation, Inc. The complaints variously refer to the company’s website and a Forbes article purportedly featuring images of old-time pot-still production (“i.e., in a shack containing a pot still…
A Florida resident has filed a putative statewide and nationwide class action against the Snack Factory, LLC, alleging that it deceptively represents that its Pretzel Crisps are “All Natural” despite including “unnatural, synthetic, and/or artificial ingredients, including but not limited to maltodextrin and soybean oil.” Seidman v. Snack Factory, LLC, No. 14-62547 (S.D. Fla., filed November 7, 2014). The plaintiff asserts claims as to a number of flavor varieties, some of which also contain the “unnatural” ingredients dextrose and caramel color. The plaintiff contends that he and class members paid a price premium for the product “over and above other comparable products that do not claim to be ‘All Natural,’” relying on the product labels to their economic detriment. The complaint specifies in what way the ingredients are not natural, including that some are derived from genetically modified organisms. Alleging violation of Florida’s Deceptive and Unfair Trade Practices Act, negligent misrepresentation, breach…
Whole Foods Market Inc. is the target of two new putative nationwide class actions, one filed in a Texas federal court regarding the amount of sugar in the company’s plain Greek yogurt and the other filed in a California state court over alleged false advertising and sales of Blue Diamond almond milk products with a “Non-GMO Project Verified” label. Kubick v. Whole Foods Mkt., Inc., No. 14-1013 (W.D. Tex., filed November 10, 2014); Richard v. Whole Foods Mkt. Cal., Inc., No. BC563304 (Cal. Super. Ct., Los Angeles Cty., filed November 7, 2014). The Texas complaint alleges that Whole Foods 365 Everyday Plain Greek Yogurt represents that it contains 2 grams of sugar per serving, when testing shows that it actually contains more than 11 grams of sugar per serving, or “more than five and a half times the labeled amount.” According to the plaintiff, a California resident, this is particularly significant because…
According to a news source, Iowa Gov. Terry Branstad (R) and the attorneys general (AGs) of Missouri, Nebraska, Oklahoma, Alabama, and Kentucky have filed a notice that they will appeal a district court dismissal of their challenge to a California law that allegedly forces egg producers in other states to comply with a voter-approved ballot measure that bans the sale of eggs which have been produced by hens in conventional cages. Missouri ex rel. Koster v. Harris, No. 14-17111 (9th Cir., notice of appeal filed October 24, 2014). Information about a related complaint appears in Issue 512 of this Update. The district court apparently dismissed the complaint in early October on the ground that the officials lack standing to bring the lawsuit because California’s law affects only a subset of farmers who plan not to comply with it. Missouri Attorney General Chris Koster claims that the state’s farmers, who export some…
12
