A study has allegedly linked the advanced glycation end products (AGEs) formed when “food is cooked at high temperatures or aged for a long time” to increased Alzheimer’s disease (AD) risk. Lorena Perrone and William B. Grant, “Observational and Ecological Studies of Dietary Advanced Glycation End Products in National Diets and Alzheimer’s Disease Incidence and Prevalence,” Journal of Alzheimer’s Disease, February 2015. According to a February 3 IOS Press news release, AGEs not only “increase the risk of various chronic diseases through several mechanisms including increased inflammation and oxidative stress,” but can bind to a receptor that “transports beta amyloid proteins across the blood-brain barrier and contributes to the development of Alzheimer’s disease.” Using a Mount Sinai School of Medicine study and dietary data from the United Nations Food and Agriculture Organization to estimate the AGE content of national diets, the study’s authors evidently reported that “reduced dietary AGE significantly correlates with reduced…
Category Archives Issue 554
Researchers with the Centers for Disease Control and Prevention (CDC) have published a study claiming that many infant and toddler foods sold in the United States contain too much sodium or sugar. Mary Cogswell, et al., “Sodium and Sugar in Complementary Infant and Toddler Foods Sold in the United States,” Pediatrics, March 2015. Relying on a database of 1,074 infant and toddler foods and drinks that sourced nutrient information from a commercial database, manufacturer websites and major grocery stores, the study reported that “the majority of toddler cereal bars/breakfast pastries, fruit, and infant/toddler snacks, desserts, and juices contained ≥1 added sugar,” that is, at least one added sugar on the ingredient list. In addition, the study’s authors noted that 41 of 79 infant mixed grains and fruits contained ≥1 added sugar, while 35 of these products derived more than 35 percent of their calories from sugar. They also concluded that…
The Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment (COT), an independent group charged with providing counsel to various UK government agencies, is holding a March 18, 2015, symposium in Birmingham about the possible role of exposure to persistent organic pollutants (POPs) on the development of obesity. The robust agenda will include presentations from UK and Italian experts. See Food Standards Agency News Release, January 28, 2015. Issue 554
A French court has reportedly rejected a couple’s choice of name for their baby, “Nutella,” and renamed her “Ella” because “the name ‘Nutella’ given to the child is the trade name of a spread” and “it is contrary to the child’s interest to be wearing a name like that” because it “can only lead to teasing or disparaging thoughts.” French parents have apparently been free to choose the names of their children since 1993, but local prosecutors can report names they deem unsuitable to a family court. Another French court recently renamed a child called “Fraise” (strawberry) to “Fraisine,” a popular 19th century name, citing potential teasing. Many international courts have assessed the suitability of baby names and ordered changes; in New Zealand, for example, “Number 16 Bus Shelter” passed muster but “Yeah Detroit” and a series of 38 consonants and 5 numbers (“Brfxxccxxmnpcccclllmmnprxvclmnckssqlbb11116”) did not. See The Washington Post and…
Citing increased demand for food and beverage products that do not contain genetically modified organisms (GMOs) as ingredients, the March 2015 issue of Consumer Reports magazine features an article intended to help consumers “sift through the facts” about the purported health and environmental effects of GMOs. The column describes recent attempts by individual states to require GMO labeling, as well as voluntary “Non-GMO Project Verified” certification programs. It claims that “the vast majority of corn, soy, canola, and sugar beets grown in the U.S. are now genetically engineered” even though the Food and Drug Administration does not follow the joint safety assessment guidelines established by the World Health Organization and Food and Agriculture Organization. “In an interesting twist, some food companies that expressed strong opposition to such mandatory labeling are the same ones turning out new non-GMO products,” opines Consumer Reports. “Those in favor of mandatory labels—including Consumers Union, the…
Steven Neil, the former CFO of Diamond Foods Inc., has agreed to pay $125,000 to settle a U.S. Securities and Exchange Commission (SEC) lawsuit alleging that he directed his employees to underreport the amount of money paid to walnut growers to ensure that the company hit quarterly targets for earnings per share. SEC v. Diamond Foods, Inc., No. 14-122 (N.D. Cal., order entered February 2, 2015). According to SEC, Diamond falsely reported some of its payments to walnut growers as advances for crops not yet delivered to exclude the amounts from year-end financial statements, and after an investigation into the company’s accounting practices began, Neil allegedly gave independent auditors false and incomplete information about the payment scheme. Diamond and its former CEO, Michael Mendes, reached a deal with SEC in January 2014 to pay a $125,000 penalty along with returning more than $4 million that Mendes had received in bonuses…
A California federal court has dismissed two claims and allowed four to continue in a putative class action alleging that (i) Salov North America Corp. mislabeled its Filippo Berio olive oils as “Imported from Italy” despite using olives grown and pressed in other countries and (ii) its extra virgin olive oils do not meet the high standards required to qualify as “extra virgin,” partly due to inefficient bottling and transportation. Kumar v. Salov North Am. Corp., No. 14-2411 (N.D. Cal., order entered February 3, 2015). The court first assessed Salov’s challenge to the plaintiff’s standing and found that it could not, as a matter of law, determine that a reasonable consumer would not interpret “Imported from Italy” to mean that the product was made exclusively of Italian olives. Salov also asserted that the plaintiff must have seen the statement on the label that informed consumers that the product was “Packed…
A California federal court has granted plaintiffs’ motion to vacate the judgment and reopened a proposed class action against Attune Foods Inc., finding that the delay in guidance from the U.S. Food and Drug Administration (FDA) on whether “sugar” is the “common or usual name” for “evaporated cane juice” (ECJ), an ingredient that appears on Attune’s labels, could unfairly disadvantage the plaintiffs’ case. Swearingen v. Attune Foods Inc., No. 13-4541 (U.S. Dist. Ct., N.D. Cal., Oakland Div., order entered January 28, 2015). Citing the primary jurisdiction doctrine, the court had dismissed the case without prejudice in May 2014 to await FDA guidance after the agency reopened the comment period in March of that year to determine whether sugar and ECJ are materially different substances. After the plaintiffs sought relief from the judgment, the court has now determined that FDA’s delay could unfairly disadvantage the plaintiffs if the statute of limitations prohibits…
An Arkansas federal court has dismissed with prejudice a putative class action alleging that Twinings North America, Inc. mislabeled its tea by including the statement that the product is a “natural source of antioxidants” on its packaging. Craig v. Twinings North Am., Inc., No. 14-5214 (W.D. Ark., order entered February 5, 2015). The plaintiff had argued that under the Arkansas Food, Drug, and Cosmetic Act (AFDCA), an act identical to the food labeling regulations of the U.S. Food and Drug Administration (FDA), Twinings’ tea failed to meet the nutrient level threshold—10 percent or more of the recommended daily intake—required for a claim about the nutrient content of a product. Twinings argued that the Arkansas law claims were preempted by the Federal Food, Drug, and Cosmetic Act (FDCA) and could impose liability inconsistent with federal law. To assess the preemption argument, the court considered whether the statement “natural source of antioxidants” is…
The office of California Attorney General Kamala Harris will appeal the January 2015 decision overturning the state’s ban on foie gras, according to a notice of appeal filed in California federal court. Association des Éleveurs de Canards et d’Oies du Québec v. Harris, No. 12 5735 (U.S. Dist. Ct., C.D. Cal., notice of appeal filed February 4, 2015). The prohibition was found to impose “[m]arking, labeling, packaging, or ingredient requirements” that interfered with the free flow of poultry products in violation of the federal Poultry Products Inspection Act. The AG’s 1-page notice of appeal cited no arguments supporting its challenge. Additional details about the district court decision appear in Issue 550 of this Update. Issue 554
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