A study examining increased preterm birth rates in the United States has found “little evidence of a relationship between BPA [bisphenol A] and prematurity.” David Cantonwine, et al., “Urinary Bisphenol A Levels during Pregnancy and Risk of Preterm Birth,” Environmental Health Perspectives, September 2015. After analyzing urinary BPA levels throughout pregnancy in 130 cases of preterm birth (PTB) and 352 randomly assigned controls, researchers with Harvard Medical School and University of Michigan School of Public Health report that, “[i]n adjusted models, urinary BPA averaged across pregnancy was not significantly associated with PTB.” They note, however, that “averaged BPA exposure during pregnancy was associated with significantly increased odds of being delivered preterm among females, but not males.” “Our study had several strengths, including a repeated time point assessment of BPA exposure, ultrasound dating of gestational age, physician-validated clinical outcomes, and a large number of subjects and preterm cases, which allowed for exploring…
Category Archives Issue 578
With the launch of services targeting the grocery and alcoholic beverage segments, Amazon.com, Inc., has garnered media attention for its latest forays into a new and competitive marketplace. In a September 1, 2015, article, The Los Angeles Times compares Amazon’s Farmers Market Direct program to other food delivery startups aiming to bring fresh local products from farm to doorstep. A partnership with Connecticut-based Fresh Nation, the Farmers Market Direct program seeks to connect Southern California agricultural producers to Amazon’s consumer base, promising food delivery within 36 hours of harvest. As the Times notes, “Development of food-delivery technology has attracted an enormous amount of money. About $710 million was invested in the segment in the first half of 2015, more than the $681 million invested all of last year.” Meanwhile, The Wall Street Journal reports that Amazon’s one-hour delivery service for alcohol beverages joins “more than a half-dozen alcohol delivery startups……
“American consumers expect and deserve safe food. Yet, time and again, food producers have cut corners on food safety knowing full well that tainted products cause serious illness or even death,” asserted American Association for Justice (AAJ) President Larry Tawwater in issuing a report condemning industry for allegedly prioritizing profits over people. The report contends that consumer lawsuits have become the most effective “mechanism for deterring negligent behavior and rooting out systemic problems in the food chain” absent adequate food-safety practices by food companies and appropriate monitoring by regulators. Among other things, AAJ calls on Congress to declare multidrug-resistant Salmonella an official adulterant and to enact legislation creating a single food safety agency. AAJ was formerly known as the Association of Trial Lawyers of America (ATLA). See AAJ News Release, September 2, 2015. Issue 577
A California woman has filed a putative class action against Chipotle Mexican Grill Inc. alleging that, despite advertised claims to the contrary, the company’s restaurants do not serve food free of genetically modified organisms (GMOs). Gallagher v. Chipotle Mexican Grill Inc., No. 15-3952 (N.D. Cal., filed August 26, 2015). The complaint asserts that although the company advertised in April 2015 that it would remove GMOs from its food, “Chipotle serves meat products that come from animals which feed on GMOs, including corn and soy. Chipotle’s tacos and burritos are also usually served with sour cream and cheese from dairy farms that feed animals with GMOs.” In addition, Chipotle sells soft drinks made with GMO corn syrup, the complaint notes. Colleen Gallagher seeks to represent a California class to obtain damages and an injunction for alleged violations of the state’s consumer protection statutes. Chipotle became the first fast-casual chain to disclose…
The Center for Food Safety (CFS) has filed a lawsuit against the U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) alleging that the agency has routinely failed to respond to Freedom of Information Act (FOIA) requests for records related to genetically engineered (GE) crops. Ctr. for Food Safety v. Animal & Plant Health Inspection Serv., No. 15-1377 (D.D.C., filed August 25, 2015). CFS asserts that APHIS has unlawfully delayed its responses to at least 29 FOIA requests or appeals related to its decision to withdraw proposed regulations that would update existing management of GE crops. “APHIS has a track record of irresponsible and inadequate regulation of GE crops,” CFS Staff Attorney Cristina Stella said in an August 25, 2015, press release. “In the absence of thorough government oversight, public access to information about these crops becomes all the more critical. This lawsuit is necessary to stop…
A California federal court has determined that Safeway is liable for $30 million in damages for claims alleging that the company charged different prices for products sold online despite a contractual agreement that in-store and online prices would be the same. Rodman v. Safeway Inc., No. 11-3003 (N.D. Cal., order entered August 31, 2015). The court granted partial summary judgment to the plaintiffs in December 2014, finding that Safeway breached the contract. Details about the decision appear in Issue 549 of this Update. The court arrived at the damages amount by calculating the sum that Safeway earned from the concealed markup between April 2010 and December 2012. The court also rejected the plaintiffs’ attempt to expand the class to include purchases before 2006, when Safeway switched from paying a third party to manage online sales to running the website in-house. Issue 578
Israel’s Ministry of Health has reportedly ruled that Heinz ketchup can no longer be called “ketchup” because of its low tomato content. Israeli food company Osem first targeted the product in January 2015 by sending a letter to supermarkets blasting the product and filing an $18 million class action on behalf of consumers. Osem argued that lab tests showed small bottles of Heinz ketchup contained 20 percent tomato concentrate and large bottles just 17 percent—compared to the 39 percent advertised on the bottle—despite Israeli regulations dictating that ketchup must contain at least 35 percent tomato concentrate. The health ministry agreed with Osem, finding that Heinz can no longer call its product “ketchup” and must be labeled “tomato seasoning” instead. The ruling does not affect Heinz’s English-language labels. Heinz’s local importer, Diplomat, has filed a petition to lower the minimum requirements from 10 percent tomato solids (the equivalent of 35 percent tomato…
The Food Safety Authority of Ireland (FSAI) has reportedly objected to McDonald’s Corp.’s use of “artisan” in describing its new product, the McMór hamburger. The Ireland-exclusive burger is marketed as an “artisan” product that incorporates several ingredients from Irish cuisine, including bacon, cabbage, baby kale, Ballymaloe relish, Charleville cheese and a “potato-flaked” bun. FSAI established guidelines in May 2015 about the use of “artisan” that stipulate the word should describe products made only (i)“in limited quantities by skilled craftspeople,” (ii) without a “fully mechanized” process that “follows a traditional method,” (iii) “in a micro-enterprise at a single location,” and (iv) with “characteristic ingredients” that are “grown or produced locally, where seasonally available and practical.” McDonald’s issued a statement indicating that it would remove “artisan” from its marketing. Additional details about FSAI’s food marketing guidance appear in Issue 566 of this Update. See The Irish Times, September 1, 2015. Issue…
A case-control study has reportedly identified a “significant” association between bovine leukemia virus (BLV) infection and human breast cancer. Gertrude Case Buehring, et al., “Exposure to Bovine Leukemia Virus Is Associated with Breast Cancer: A Case-Control Study,” PLoS One, September 2015. After analyzing breast tissue specimens obtained from 239 donors for the presence of BLV, University of California, Berkeley, researchers apparently detected BLV “in the mammary epithelium of 59% of women diagnosed with breast cancer versus 29% of those with no history of breast cancer.” They further suggest that “as many as 37% of breast cancer cases may be attributable to BLV exposure,” with an odds ratio “comparable to that of commonly cited reproductive, hormone, and lifestyle risk factors for non-hereditary (sporadic) breast cancer.” As explained in a concurrent press release, a 2014 study published in Emerging Infectious Diseases confirmed the presence of BLV in humans, though it is currently…
Weeks after the U.S. Food and Drug Administration (FDA) sent Hampton Creek Foods a letter warning that its Just Mayo is misbranded because it does not contain eggs, emails obtained through the Freedom of Information Act reportedly indicate that the American Egg Board (AEB) and a public relations firm made a concerted effort to remove Just Mayo from the market. The emails reportedly detail the actions the group undertook, including a complaint to FDA, an attempt to convince Whole Foods to stop selling Just Mayo, aid to Unilever in its litigation against Hampton Creek, and payments to food bloggers who post about how “real and sustainable foods, like eggs,” fit into their lifestyles. Details about Unilever’s lawsuit against Hampton Creek appear in Issue 549 of this Update. Public health attorney Michele Simon posted the emails on her blog, alleging that AEB likely broke laws during its attempt to quash Hampton…
12
