Analyzing data from more than 2,500 participants enrolled in a National Heart, Lung and Blood Institute study, Tufts University researchers have reportedly concluded that “a daily sugar-sweetened beverage [SSB] habit may increase the risk for non-alcoholic fatty liver disease (NAFLD).” Jiantao Ma, et al., “Sugar-sweetened beverage, diet soda and fatty liver disease in the Framingham Heart Study cohorts,” Journal of Hepatology, June 2015. The study relied on self-reported dietary questionnaires to assess consumption of SSBs—including soda and other sweetened carbonated beverages, fruit punches, lemonade and non-carbonated fruit drinks—then used computer tomography (CT) scans “to measure the amount of fat in the liver.” Although the study found no association between diet soda intake and NAFLD, it evidently reported “a higher prevalence of NAFLD among people who reported drinking more than one [SSB] per day compared to people who said they drank no [SSBs].” “Our study adds to a growing body of research…
Category Archives Issue 568
A June 9, 2015, New Yorker article warns that the latest strain of highly pathogenic avian influenza (HPAI) cut a swathe through the domestic poultry industry despite the best efforts of health officials and scientists working to contain it. Arguing that bird flu poses a greater threat than Ebola to human health, the article notes that the viruses responsible for recent global pandemics—including the H1N1 virus in 2009—started in animals before jumping to humans. “If H1N1 had been more virulent, it would have killed millions of people,” biologist Nathan Wolfe told The New Yorker’s Michael Specter. “Maybe tens of millions. Once it got out there, that thing burned right through the forest. We caught an amazingly lucky break, but let’s not kid ourselves. Luck like that doesn’t last.” In addition to describing the costs to producers, the federal government and consumers, the article also points out that the poultry farms…
Public health advocates from around the United States will convene in San Diego, California, on June 29-July 2, 2015, for the 8th Biennial Childhood Obesity Conference. The “Marketing to Kids” track of the two-day event will include a mini-plenary session titled “Taxing Sugar-Sweetened Beverages for Public Health: What Have We Learned from the Mexico, Berkeley and San Francisco Initiatives”; “Effective Marketing to Build Public Support to Curb Unhealthy Food Marketing to Children”; and “Would You Eat 91 Cubes of Sugar: A Look at Several Strategies for Decreasing Consumption of Sugary Drinks.” Other sessions will include “Toward Healthier Diets: Where Non-Governmental Organizations and Industry Clash and Cooperate” and “Warning Labels on Sugary Drinks: Promoting Informed Choices.” Supporters of the event include the California Department of Public Health, California Endowment and Robert Wood Johnson Foundation. Issue 568
In an amended complaint, a plaintiff has alleged that Campbell Soup Co.’s Prego® sauces contain canola oil with genetically modified organisms (GMOs) despite the products’ “100% Natural” label claims. Nelson v. Campbell Soup Co., No. 14-2647 (S.D. Cal., amended complaint filed June 8, 2015). The complaint asserts that 90 percent of canola crops in the United States are genetically modified, and because Campbell does not “undertake additional expensive steps to purchase and verify a supply from non-GMO growers,” the canola oil used in Prego® products includes GMOs. The plaintiff argues that a “reasonable California consumer, like Plaintiff, would not expect a Product labeled ‘100% Natural’ to contain ingredients made from genetically modified crops, which are, by definition, artificial and synthetic.” She seeks damages and attorney’s fees for her allegations of unfair competition and false advertising. Issue 568
Watkins Inc., a Minnesota-based company known for its black pepper, has filed a lawsuit against McCormick and Co., Inc., a global purveyor of spices, alleging that McCormick recently began underfilling its pepper containers but continued using the same size of packaging. Watkins Inc. v. McCormick and Co., No. 15-2688 (D. Minn., filed June 9, 2015). The complaint provides photographic comparisons of Watkins and McCormick tins, a photo of McCormick’s 2-ounce tin alongside the 1.5-ounce tin in a store selling each for the same price, and several photos of stores with shelf tags incorrectly listing the previous size but offering the reduced-size product. “McCormick intentionally kept the tin the same size, with the same price, notwithstanding the 25% decrease in ground black pepper fill, in a manner that misleads retailers and consumers,” the complaint asserts. Watkins alleges that McCormick has violated the Lanham Act and several state business practices acts as…
A group of plaintiffs has filed a putative class action against Inko’s Tea alleging that the company’s tea products contain ascorbic acid, “a non-natural, highly chemically processed ingredient regularly used as a preservative,” despite advertising the products as “100% Natural.” Collazo v. Inko’s Tea, LLC, No. 15-3070 (E.D.N.Y., filed June 8, 2015). Inko’s has consistently presented its products as “100% All-Natural,” the complaint asserts, and contains “nothing but pure, freshly brewed tea from tea leaves with no added ingredients or preservatives.” The plaintiffs admit that “natural” has not specifically been defined, but assert “there is no reasonable definition of ‘All Natural’ that includes ingredients that even if sourced from ‘nature,’ are subjected to extensive transformative chemical processing before their inclusion in a product.” The complaint cites 51 statutes—one in each state and the District of Columbia—that the allegedly misleading “All Natural” marketing violates in addition to the federal Food, Drug,…
A consumer has filed a putative class action against Diageo Americas Supply alleging that its Bulleit® bourbon is not produced in Lawrenceburg, Kentucky, as its label states. M’Baye v. Diageo Ams. Supply, Inc., No. 15-1216 (S.D. Cal., filed June 1, 2015). The complaint asserts that Diageo does not operate a distillery in Lawrenceburg and further alleges that Kirin Brewing Co., “a separate and distinct entity,” makes and distributes the bourbon. The plaintiff points to phrases in the bourbon’s marketing—”small batch,” “ingredients of the very highest quality” and “distinctively clean and smooth”—as evidence that the company intended to position it as a high-end product to justify its sale price of about $53. For allegations of false advertising, unfair competition and misrepresentation, the plaintiff seeks class certification, an injunction, restitution, damages and attorney’s fees. ssue 568
The European Court of Justice (ECJ) has found that a correct and complete list of ingredients can be part of an overall misleading food label in a case challenging a German tea company’s “Felix Raspberry and Vanilla Adventure” (“Felix Himbeer-Vanille Abenteuer”) product for having no flavorings derived from raspberries or vanilla. Bundesverband der Verbraucherzentralen und Verbraucherverbände v. Teekanne GmbH & Co. KG, No. C-195/14 (E.C.J., order entered June 4, 2015). Teekanne advertises its tea product as fruit tea with natural flavorings and a raspberry-vanilla taste, and the label features depictions of raspberries and vanilla flowers and a seal indicating the product contains only natural ingredients. The ingredient list includes “natural flavouring with a taste of vanilla” and “natural flavouring with a taste of raspberry,” according to the court. “That list thus expresses, in a manner free from doubt, the fact that the flavourings used are not obtained from vanilla and raspberries but…
Kashi Co., a unit of Kellogg Co., has agreed to pay up to $3.99 million in a class action alleging that the company advertised its products as “All Natural” despite containing genetically modified organisms (GMOs). Eggnatz v. The Kellogg Co., No. 12-21678 (S.D. Fla., motion for preliminary approval filed June 5, 2015). The proposed settlement agreement provides class members who can prove they purchased the products a full refund and those without proof $0.55 per package, totaling a minimum of $2 million and maximum of $3.99 million in claims. Kashi will also remove the “All Natural” label from products containing the contested ingredients and provide class members with compliance information on the Non-GMO Project Verified seals displayed on some of its products. The settlement agreement applies to the national class but excludes California residents due to a settlement in a case involving similar claims. Issue 568
A California federal court has refused to dismiss a class action consolidated from nine lawsuits against PepsiCo, Inc. alleging that the company concealed its products’ content of 4-methylimidazole (4-MEI), a chemical listed as known to cause cancer or reproductive harm under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Sciortino v. Pepsico, No. 14-0478 (N.D. Cal., order entered June 5, 2015). The lawsuits were filed after a January 2014 Consumer Reports test reportedly found that the caramel coloring in PepsiCo sodas contained 4-MEI at levels higher than the Prop. 65 safety threshold of 29 micrograms. Details of a similar lawsuit dismissed in March 2015 requesting medical monitoring appear in Issue 557 of this Update. The court first discussed the notice requirements under Prop. 65, which require 60 days of notice of the alleged violation to government agencies to provide a “non-adversarial opportunity for public agencies to…
12
