A recent study has claimed that children born to women whose urinary phthalate levels during pregnancy were in the top quartile of their study cohort had lower intelligence-quotient (IQ) test scores at age 7 than their peers born to women in the quartile with the lowest exposure. Pam Factor-Litvak, et al., “Persistent Associations between Maternal Prenatal Exposure to Phthalates on Child IQ at Age 7 Years,” PLoS ONE, December 2014. According to Columbia University researchers, who analyzed data from 328 women and their 7-year-old children from the Columbia Center for Children’s Environmental Health (CCCEH) longitudinal birth cohort, “child full-scale IQ was inversely associated with prenatal urinary metabolite concentrations of DnBP [di-n-butyl phthalate] and DiBP [di-isobutyl phthalate].” Using the fourth edition Weschler Intelligence Scale for Children, the study purportedly found “significant inverse associations… between maternal prenatal metabolite concentrations of DnBP and DiBP and child processing speed, perceptual reasoning and working memory;…
Category Archives Issue 548
Researchers with Seoul National University have published a study allegedly finding that people who drank soy milk from cans containing bisphenol A (BPA) exhibited a statistically significant increase in blood pressure. Sanghyuk Bae and Yun-Chul Hong, “Exposure to Bisphenol A From Drinking Canned Beverage Increases Blood Pressure,” Hypertension, December 2014. Involving 60 adults older than age 60, the study tracked blood pressure and urinary BPA levels over the course of three visits, during which participants consumed soy milk from either two glass bottles, two cans or one glass bottle and one can. Not only did urinary BPA increase by approximately 1600 percent in volunteers who consumed canned soy milk as opposed to soy milk from glass bottles, but systolic blood pressure also increased by approximately 4.5 mm Hg. “Because these results confirm findings from other studies, doctors and patients, particularly those with high blood pressure or heart disease, should be…
Oregon farmers who grow genetically engineered (GE) alfalfa have filed a complaint seeking a declaration that a May 20, 2014, Jackson County ordinance banning GE crops in the county conflicts with state law, or, in the alternative, damages “as just compensation for the forced destruction of their property.” Schulz Family Farms LLC v. Jackson Cty., No. 14CV17636 (Jackson Cty. Cir. Ct., Ore., filed November 18, 2014). Claiming that (i) neighbors had never complained about its GE crops, which are allegedly “more convenient and profitable to grow than conventional alfalfa,” and (ii) the farm will have to tear out GE crops already planted and refrain from replanting conventional alfalfa for four years, the Schulz Family Farms alleges damages in excess of $2.2 million. Similarly, plaintiff James Frink alleges that he will have to tear out already-planted GE alfalfa and “lose the benefit of the ten-year crop life if forced to tear out…
Months after a Florida federal court rejected a motion to dismiss a putative class action alleging that Bodacious Foods falsely labeled its cookies as “all natural,” The Cincinnati Insurance Co. has filed a lawsuit seeking a declaration that the policy the food manufacturer holds with it does not cover costs stemming from the alleged false labeling. The Cincinnati Ins. Co. v. Bodacious Food Co., No. 14-81515 (S.D. Fla., filed December 4, 2014). The insurance company asserts that Bodacious’s policy excludes coverage for the allegations of the putative class action, including (i) “’bodily injury’ or ‘property damage’ which may reasonably be expected to result from the intentional acts of the insured”; (ii) “’personal or advertising injury’ caused by or at the direction of the insured with the knowledge that the act would violate the rights of another”; and (iii) “’personal and advertising injury’ arising out of oral or written publication of material,…
Two consumers have filed a putative class action in California federal court alleging that Maker’s Mark® bourbon whisky is not “handmade,” as the alcohol brand advertises, but is instead manufactured using “mechanized and/or automated processes” with “little to no human supervision, assistance or involvement.” Nowrouzi v. Maker’s Mark Distillery, Inc., No. 14-2885 (S.D. Cal., filed December 5, 2014). Citing photos and a video tour of the distillery as evidence, the plaintiffs argue that because Maker’s Mark® uses machines to make its product, its “handmade” claim and premium pricing amount to misrepresentation and violations of California’s false advertising statute. They allege that they “purchased Maker’s Mark whisky under the false impression that the whisky was of superior quality by virtue of being ‘Handmade’ and thus worth an exponentially higher price as compared to other similar whiskies.” They seek class certification, an injunction requiring discontinuation of the “handmade” description, a corrective advertising…
A California federal court has denied certification to a putative class action alleging that Mott’s misleadingly labeled its apple juice as having “No Sugar Added” because the plaintiff failed to provide a feasible model for calculating damages. Rahman v. Mott’s LLP, No. 13-3482 (N.D. Cal., order entered December 3, 2014). The court further refused to certify a liability class, finding it would not materially advance resolution of the case. The court first assessed the proposed class definition. It found that the plaintiff and the proposed class met the requirements of numerosity, ascertainability, commonality, and adequacy; in addition, the court rejected the juice company’s argument that the plaintiff was atypical because he is a Type 2 diabetic who closely reads nutrition labels. The court then discussed whether the plaintiff established that “the questions of law or fact common to class members predominate over any questions affecting only individual members, and that…
A “hand-shake” agreement between the European Union’s Parliament and Council will reportedly end an ongoing dispute over member state control of internal food markets in relation to genetically modified organism (GMO) cultivation. European Commissioner for Health and Food Safety Vytenis Adriukaitis reportedly said, “The agreement, if confirmed, would meet member states’ consistent calls since 2009, to have a final say on whether or not GMOs can be cultivated on their territory, in order to better take into account their national context and, above all, the views of their citizens.” Under the proposal, each EU country would have the authority to prohibit or restrict GMO cultivation for reasons other than food safety, including those involving socioeconomic effects, environmental concerns and agricultural policy goals. Current law allows member states to petition the European Food Safety Authority to limit such cultivation, but they must present scientific evidence showing the product is not safe to…
According to a news source, the organizations that supported an Oregon ballot initiative that would have required foods made with genetically engineered (GE) ingredients to be labeled as such have ended efforts to challenge a vote that narrowly defeated the measure. The groups apparently lost an emergency lawsuit seeking to include the ballots of some 4,600 voters who were rejected because the signatures on the vote-by-mail return envelopes did not match those on file. A court determined that the state’s rules on matching signatures were neither unreasonable nor illegal. An automatic recount had been triggered because the ballot proposal was defeated by slightly more than 800 votes out of 1.5 million cast. Of the initial 13,000 ballots with signature problems, 8,600 responded and matched their signatures. The remaining 4,600 were rejected. See Associated Press, December 11, 2014. Issue 548
Ten consumer organizations, including the Center for Science in the Public Interest and the Rudd Center for Food Policy and Obesity, have filed a Request for Investigation with the Federal Trade Commission (FTC) alleging that Topps Co., maker of Ring Pops, violated the Children’s Online Privacy Protection Act (COPPA) by encouraging children younger than age 13 to post photos of themselves wearing the candy to social media. Topps apparently introduced the campaign, #RockThatRock, as a collaboration with “tween band” R5 to feature photos of Ring Pop wearers in the band’s music video. Consumers could enter the contest by posting a photo to social media and appending the name of the campaign. The consumer groups allege that Topps aimed the contest at youth through its child-focused website, Candymania, and that the contest violated COPPA rules by collecting personal information—which, by statutory definition, includes photographs—from a child without giving notice and obtaining…
The Food and Drug Administration (FDA) is requesting (i) nominations for a non-voting industry representative to serve on the Food Advisory Committee and (ii) statements from organizations interested in participating in the selection process for the non-voting committee member. The Food Advisory Committee evaluates data and makes recommendations on such matters as food ingredient safety; food and cosmetic labeling; nutritional issues; and exposure limits for food contaminants. Organizations that want to participate in the process should express their interest in writing by January 7, 2015. Nomination materials must be received by the same date. See Federal Register, December 8, 2014. Issue 548
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