Researchers with the Yale School of Public Health have published a study claiming that “middle-school children who consume heavily sweetened energy drinks are 66% more likely to be at risk for hyperactivity and inattention symptoms.” Deborah Schwartz, et al., “Energy Drinks and Youth Self-Reported Hyperactivity/Inattention Symptoms,” Academic Pediatrics, February 2015. The study relied on data from more than 1,500 middle-school students who completed the hyperactivity/inattention subscale of the Strengths and Difficulties Questionnaire and self-reported their sugar-sweetened beverage consumption during the preceding 24 hours. In addition to concluding that the risk of hyperactivity/inattention increased with energy drink consumption, the study’s authors apparently found that the risk of hyperactivity/inattention “increased by 14% for each additional sweetened beverage consumed.” As one researcher elaborated in a February 9 press release, “Our results support the American Academy of Pediatrics recommendation that parents should limit consumption of sweetened beverages and that children should not consume any…
Category Archives Issue 555
The Atlantic’s February 11, 2015, profile of blogger Vani Hari—also known as “The Food Babe”—highlights the growing rift between the scientific community and consumer activists who position themselves as dietary crusaders, despite having “no training in human metabolism, toxicology, or environmental science.” Titled The Food Babe: Enemy of Chemicals, the article by Atlantic Senior Editor James Hamblin examines a new crop of writers and activists who have harnessed the Internet to campaign against genetically modified organisms (GMOs) and other food ingredients deemed “unnatural.” With a new book and TV show in the works, Hari has evidently mobilized what she calls “The Food Babe Army” to besiege companies that use allegedly suspect substances, in the process drawing the ire of “many scientists who believe her claims are inaccurate or even dangerous.” In particular, Hamblin speaks to scientists who have found themselves in Hari’s crosshairs for questioning her tactics or evidence. The…
The Institute of Medicine’s (IOM’s) Roundtable on Environmental Health Sciences, Research, and Medicine is hosting a March 2-3, 2015, workshop in Research Triangle Park, North Carolina, to discuss the “interplay between environmental exposures and obesity.” Topics of discussion will include the alleged links “between exposure to environmental chemicals and increased incidence of weight gain, glucose intolerance and insulin sensitivity, inflammation, and aspects of metabolic syndrome in animal models and human studies.” March 3 sessions will target the potential roles of antibiotics, high-fructose corn syrup and artificial sweeteners as well as potential policy solutions to address reducing chemical exposures associated with the development of obesity. Issue 555
The Robert Wood Johnson Foundation (RWJF) will reportedly commit $500 million over the next 10 years to intensified efforts ensuring that “all children in the United States—no matter who they are or where they live—can grow up at a healthy weight.” According to a February 5, 2015, news release, the health philanthropy’s new initiatives will focus on developing strategies to reducing the health disparities that contribute to higher rates of obesity among children of color and children living in poverty. “We have made substantial progress, but there is far more to do and we can’t stop now,” said RWJF President and CEO Risa Lavizzo-Mourey “We all have a role to play in our homes, schools, and neighborhoods to ensure that all kids have healthy food and safe places to play.” RWJF’s stated priorities for the next decade include (i) eliminating sugar-sweetened beverage consumption among 0- to 5-year-olds; (ii) making a…
U.S. Right to Know (USRTK), an Oakland, California-based nonprofit, launched in late January 2015 under the leadership of Gary Ruskin, former executive director of Commercial Alert. The group claims to be “working to expose what the food industry doesn’t want us to know. We do research and communications on the failures of the corporate food system. We stand up for the right to know what is in our food, and how it affects our health. We unearth the political economy of our food system, and how big food companies buy political influence in a quest for profit that has led to an epidemic of food-related diseases. We believe that transparency — in the marketplace and in politics — is crucial to building a better, healthier food system … If you are a whistleblower, or know of any food scandals, send us your documents, and tell us what you know.” A January…
The University of California, Davis, and the California Strawberry Commission (CSC) have issued a joint press release announcing the settlement of CSC’s lawsuit and the university’s countersuit. CSC initially alleged that the university allowed two of its strawberry developers to leave its employment to privatize the cultivation process using money provided by CSC growers, and the university filed a counterclaim accusing CSC of unfair business practices. Conclusion of the lawsuit coincided with the university’s hiring of Steven Knapp, former global director of Monsanto’s Vegetable Research and Development, who will oversee the university’s new strawberry breeding program. “Over the next five years, UC Davis will release new strawberry varieties available to all farmers, and the California Strawberry Commission will assist UC Davis in its identification of new commercial varieties,” the press release states. In addition, “a new strawberry advisory committee will be formed, comprised of university representatives, strawberry farmers and commission…
Red Bull GmbH has filed a notice of opposition to Old Ox Brewery’s federal trademark application, arguing that the brewery’s marks are likely to confuse consumers because both animals “fall within the same class of ‘bovine’ animals and are virtually indistinguishable to most consumers.” In re Application No. 86/269,626 and 86/269,577 (U.S. Pat. & Trademark Office, Trademark Trial & Appeal Board, notice of opposition filed January 28, 2015). Red Bull claims that the similarities between the marks would likely cause consumers to believe that the products are affiliated with each another. The Virginia brewery responded in an open letter on its website, calling the company a “Red Bully” that is “holding us hostage with a list of demands that, if agreed to, would severely limit our ability to use our brand. Demands like, never use the color red, silver or blue; never use red with any bovine term or image; and…
A consumer has filed a proposed class action in California federal court alleging that Chiquita Brands, Inc. is responsible for the destructive practices of its “de facto subsidiary,” Cobigua, including the effects of its use of pesticides on the water supply of neighboring communities. Jablonowski v. Chiquita Brands, Inc., No. 15-262 (S.D. Cal., filed February 5, 2015). In the complaint, the plaintiff points to Chiquita’s efforts to represent itself as a responsible company that protects natural ecosystems—including its “famous blue sticker” designed to show that a banana meets the company’s “strict standards”—and he argues that the company indicates that its suppliers are held to the same standards. Cobigua, a Guatemalan company that apparently sells about 95 percent of its stock to Chiquita, “contaminates rivers and drinking water in the affected area with fertilizers, pesticides, fungicides, and organic matter” and “mixes fertilizers into its irrigation system every 14 to 21 days…
A consumer has filed a putative class action alleging the $1 surcharge that P.F. Chang’s imposes on its gluten-free menu items violates the Americans with Disabilities Act (ADA) by discriminating against those with celiac disease. Phillips v. P.F. Chang’s China Bistro, No. 15-344 (N.D. Cal., removed to federal court January 23, 2015). The complaint asserts that P.F. Chang’s maintains a separate gluten-free menu that charges $1 more than seemingly identical items on its regular menu and that it does not add a similar surcharge for other dietary accommodations. The plaintiff alleges that the surcharges lack justification because they “do not reflect additional costs of ingredients” and some of the items “are the same as the non-gluten free options or contain fewer ingredients” or are “naturally gluten free.” The plaintiff seeks certification of a California class and violations of the state’s Unruh Act, Disabled Persons Act and Unfair Competition Law. Issue…
The Fourth Circuit Court of Appeals has affirmed a lower court’s dismissal of a case alleging that Kraft spammed an Internet service provider (ISP) with advertisements for its Gevalia® coffee products. Beyond Systems, Inc. v. Kraft Foods, Inc., No. 13-2137 (4th Cir., order entered February 4, 2015). Beyond Systems sued Kraft alleging violations of Maryland’s and California’s anti-spam statutes, but the circuit court agreed with the district court’s determination that Beyond Systems “invited its own purported injury and thus could not recover for it.” Beyond Systems is a Maryland ISP with servers housed at the residence of the owner’s parents, and the owner’s brother owns Hypertouch, Inc., a similar “nominal” ISP with servers in California. Both ISPs host websites with hidden email addresses that only “spam crawlers” can find, and Beyond Systems uses the email addresses as “spam traps”; the court notes that “spam-trap-based litigation has accounted for 90% of…
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