After conducting a systematic review of studies examining the impact of brand mascots and cartoon media characters on children’s diets, Virginia Tech and Duke University researchers have claimed that “familiar media character branding appears to be a more powerful influence on children’s preferences, choices and intake of less healthy foods compared with fruits or vegetables.” V.I. Kraak and M. Story, “Influence of Food Companies’ Brand Mascots and Entertainment Companies’ Cartoon Media Characters on Children’s Diet and Health: A Systematic Review and Research Needs,” Obesity Reviews, February 2015. The results also apparently indicated that “an unfamiliar cartoon media character may increase children’s appetite, preference for, choice and intake of health of fruits and vegetables compared with no character branding.” Adapted from a paper commissioned by the Robert Wood Johnson Foundation’s Health Eating Research program, the review summarized “11 published experimental studies involving children aged 2-11 years” while noting some limitations, including…
Category Archives Issue 556
A joint study by Consumer Reports and the Johns Hopkins Center for a Livable Future claims that 4-methylimidazole (4-MEI) exposures “associated with average rates of soft drink consumption pose excess cancer risks exceeding one case per 1,000,0000 exposed individuals, which is a common acceptable risk goal used by U.S. federal regulatory agencies.” Tyler Smith, et al., “Caramel Color in Soft Drinks and Exposure to 4-Methylimidazole: A Quantitative Risk Assessment,” PLOS One, February 2015. Researchers apparently used ultra-high-performance liquid chromatography-tandem mass spectrometry to estimate 4-MEI concentrations in 12 beverages purchased in California and New York City, then assessed exposure levels based on data obtained from the National Health and Nutrition Examination Survey, California Environmental Protection Agency Office of Environmental Health Hazards Assessment (OEHHA) and U.S. Census Bureau. In addition to ranking 4-MEI concentrations by brand, product and geographic location, the study authors calculated the lifetime average daily dose and lifetime excess cancer…
A series of six articles published online February 18, 2015, by The Lancet reportedly “examines false dichotomies and proposes a reframing of obesity as a consequence of the ‘reciprocal nature of the interaction between the environment and the individual,’ where feedback loops perpetuate food choices and behaviors.” “Our understanding of obesity must be completely reframed if we are to halt and reverse the global obesity epidemic,” Christina Roberts, who co-authored the first article in the series with Kelly Brownell and others, was quoted as saying.“On one hand, we need to acknowledge that individuals bear some responsibility for their health, and on the other hand recognize that today’s food environments exploit people’s biological, psychological, and social and economic vulnerabilities, making it easier for them to eat unhealthy foods.” Among other things, the series’ fourth article, “Child and adolescent obesity: part of a bigger picture,” asserts that the “food industry has a…
Researchers from the Johns Hopkins Bloomberg School of Public Health have authored an overview of litigation and governmental actions related to health claims on food and beverages marketed to children. Lainie Rutkow, et al., “Legal Action Against Health Claims on Foods and Beverages Marketed to Youth,” American Journal of Public Health, March 2015. By identifying 115 instances of legal action—including consumer class actions and governmental warnings—the authors review “lessons learned for policymakers, practitioners, and other stakeholders seeking to limit the untruthful or misleading marketing of foods and beverages to children.” Those looking to challenge health claims “should first determine whether scientific evidence supports the claim,” the researchers said. In addition, plaintiffs should be selected carefully, they recommend, noting that they “may prefer, if possible, to bring a lawsuit in a state such as California, which has a well-developed body of law about deceptive and misleading advertising and marketing.” In addition,…
Ina Garten, the chef who hosts Food Network’s “Barefoot Contessa,” and her company have filed a lawsuit against a seafood producer for allegedly infringing the Barefoot Contessa mark with its line of “Contessa Chef Inspired” frozen dinners. Barefoot Contessa Pantry LLC v. Aqua Star (USA) Co., No. 15-1092 (S.D.N.Y., filed February 17, 2015). Barefoot Contessa, the company that owns the trademarked name, agreed in 2012 to license the mark to unrelated entity Contessa Premium, a frozen- dinner manufacturer, on the condition that Garten and the company had strict control over the quality of the dinners produced and marketed under the Barefoot Contessa name. In April 2014, Contessa Premium sold its assets to OFI Imports, Inc. and its parent company, Aqua Star, according to the complaint. The day after the sale, Barefoot Contessa apparently terminated the license and refused to grant OFI a new license, “given OFI’s lack of experience in…
A consumer has filed a putative class action against Jim Beam Brands Co. and its owner Beam Suntory Import Co. alleging that the label indicating that the bourbon whiskey is “handcrafted” is misleading because the bourbon is produced with machines. Welk v. Beam Suntory Import Co., No. 15-328 (U.S. Dist. Ct., filed February 17, 2015). The complaint asserts that videos, photos and diagrams on Jim Beam’s website show that its bourbon “is manufactured using mechanized and/or automated processes, resembling a modern day assembly line and involving little to no human supervision, assistance or involvement.” The handcrafted claim leads consumers to purchase Jim Beam Bourbon falsely believing it to be of superior quality, so they are willing to pay a premium price, the complaint argues. The plaintiff alleges misrepresentation and violations of California’s False Advertising Law and Unfair Competition Law, and he seeks class certification, an injunction, an order for Jim…
The Federal Trade Commission (FTC) has filed an administrative complaint arguing that a proposed merger of US Foods and Sysco would violate antitrust laws, resulting in higher prices and diminished service for the companies’ customers. In re Sysco Corp., No. 9364 (FTC, filed February 19, 2015). The complaint asserts that a merger of Sysco and US Foods, the largest broadline foodservice distributors in the United States, would account for 75 percent of the national market for broadline distribution services. The sale of 11 US Foods distribution centers to another distributor would not counteract the significant competitive harm caused by the merger, FTC argues. “This proposed merger would eliminate significant competition in the marketplace and create a dominant national broadline foodservice distributor,” Debbie Feinstein, the director of FTC’s Bureau of Competition, said in February 19, 2015, press release. “Consumers across the country, and the businesses that serve them, benefit from the…
According to a joint motion filed in Florida federal court, Papa John’s International Inc. and a class of consumers have reached an agreement in a lawsuit alleging that the pizza company charged tax on delivery fees in violation of state law. Schojan v. Papa John’s Intl. Inc., No. 14-1218 (M.D. Fla., motion filed February 16, 2015). The motion requested that the district court remand the case to state court because the federal court lacks jurisdiction under the Tax Injunction Act and stipulated that the parties “have reached an agreement in principle to settle this action in its entirety upon its remand to state court.” The March 2014 complaint had alleged that Papa John’s charged more than $5 million in state tax on the more than $74.5 million in delivery fees it had earned in Florida since 2010. The court certified a class of consumers and denied the pizza company’s motion…
An Illinois federal court has dismissed with prejudice a suit brought by two purported heirs of Anna Short Harrington, the woman who portrayed Aunt Jemima from 1935 to the 1950s, against PepsiCo Inc., The Quaker Oats Co., Pinnacle Foods Group, and The Hillshire Brands Co. Hunter v. PepsiCo Inc., No. 14-6011 (U.S. Dist. Ct., N.D. Ill., order entered February 18, 2015). Harrington served as the face of the Aunt Jemima brand in commercials and public appearances for more than a decade pursuant to a contract which allegedly provided that she would receive a percentage of the proceeds and royalties for the use of her image. The plaintiffs brought 15 causes of action against the food companies, including deprivation of the right of publicity, breach of contract and violation of the International Convention on the Elimination of all Forms of Racial Discrimination. In the complaint, the plaintiffs asserted that they were…
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has announced a May 7, 2015, meeting of its Developmental and Reproductive Toxicant Identification Committee (DARTIC) to consider the addition of bisphenol A (BPA) to the list of chemicals known to the state to cause reproductive toxicity. Citing the availability of new epidemiological and toxicological data, DARTIC will assess “whether BPA has been clearly shown by scientifically valid testing according to generally accepted principles to cause female reproductive toxicity.” OEHHA has also made available hazard identification materials on BPA and female reproductive toxicity and requested public comments by April 6, 2015. After adding BPA to the list of reproductive toxicants under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) in April 2013, OEHHA delisted the substance following a court injunction. In January 2015, the court ruled that the agency could list BPA under Prop. 65…
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