Swedish researchers have warned that the software packages used to analyze the results of functional magnetic resonance imaging (fMRI) contain flaws that increase the chance of a false positive by as much as 70 percent. Anders Eklund, “Cluster failure: Why fMRI inferences for spatial extent have inflated false-positive rates,” PNAS, June 2016. For more than 15 years, scientists have used fMRI analyses to explore the food addiction framework and the effect of food advertising on the brain, among other things. The Swedish study explains that the majority of fMRI studies rely on SPM, FSL or AFNI software packages based on “parametric statistical methods that depend on a variety of assumptions,” even though these methods have only been validated with simulated—as opposed to real— data. As a result, the researchers questioned whether these methods could potentially show brain activity in its absence, raising the issue of false positives. Using resting-state data…
Category Archives Issue 610
A meta-analysis examining the effect of dairy fats on health has identified “a small positive association between butter consumption and all-cause mortality, no significant association with incident CVD [cardiovascular disease] or CVD subtypes, and a modest inverse association with type 2 diabetes.” Laura Pimpin, et al., “Is Butter Back? A Systematic Review and Meta-Analysis of Butter Consumption and Risk of Cardiovascular Disease, Diabetes, and Total Mortality,” PLoS One, June 2016. Relying on data from nine studies that included 636,151 unique participants with 6.5 million person-years of follow-up, researchers reported that “each daily serving of butter (14g/d) was associated with a 1% higher risk of death” from all causes. The pooled data, however, also showed that each 14-gram serving of butter per day was associated with a 4-percent lower incidence of type 2 diabetes, while the studies found no association between butter consumption and stroke, coronary heart disease or total CVD.…
Diageo will reportedly provide nutritional information on its alcohol product packaging, beginning with Johnnie Walker® Red Label. Changes to Smithwick’s® and Guinness® packaging will follow. The global label will reportedly include the product’s alcohol by volume, serving size, calorie and sugar content and allergens, while the U.S. label will mimic the Nutrition Facts panel format regulated by the U.S. Food and Drug Administration. In a June 30, 2016, press release, a Diageo official said the change is “based on what consumers want,” noting, “Current labeling on most alcoholic beverages does not reflect how people consume alcohol and therefore does not allow consumers to understand how much alcohol is in their favorite drink or what is in their glass.” See Forbes, June 30, 2016. Issue 610
Italian police have reportedly arrested 24 people in an operation targeting the Lo Russo crime syndicate in connection with a scheme to intimidate grocers and supermarkets in Naples into buying bread at prices considerably higher than the market standard. The police also seized three bakeries allegedly identified as Lo Russo-controlled. The crime group reportedly forced merchants to buy the bread or risk seeing their shops burned or damaged in other ways. Lieutenant Colonel Giuseppe Furciniti, commander of the organized crime unit in Naples of the national financial police corps, said the scheme was common for the group, noting, “This time it was bread, other times it has been buffalo mozzarella.” See Associated Press, June 27, 2016. Issue 610
One day after U.K. citizens voted to leave the European Union, Samuel Adams® brewer Boston Beer Co. filed an application with the U.S. Patent and Trademark Office to register “Brexit” for use on hard cider products. U.S. Trademark Application Serial No. 87083390 (filed June 24, 2016). Two other applications for Brexit marks were filed the same day in the categories of dietary supplements and clothing. A Boston Beer Co. spokesperson reportedly declined to detail the company’s plans for its Brexit mark. See The Wall Street Journal, June 29, 2016. Issue 610
The Animal Legal Defense Fund (ALDF) has reportedly filed a lawsuit against Hormel Foods challenging the company’s Natural Choice® brand of lunch meats and bacon, which it advertises as “100% Natural” and “All-Natural.” In a June 30, 2016, press release, an ALDF attorney argued that the Natural Choice® meats “come from the same pigs and the same giant, factory slaughterhouses that are used for the company’s canned Spam® products” and that the products are treated with “acid starter culture” to produce artificial preservatives. “Meat companies like Hormel have been quick to pounce on misconceptions about what ‘natural’ means,” Animal Legal Defense Fund Executive Director Stephen Wells was quoted as saying in the press release. “As an organization dedicated to transparency in animal agriculture and truth in meat advertising, the Animal Legal Defense Fund is standing up to vindicate the rights of deceived consumers and to prevent Hormel from wrongfully gaining…
A California federal court has granted summary judgment to Pom Wonderful LLC in its trademark lawsuit against Pur Beverages Inc., which sells a pomegranate-flavored beverage under the name “Pur Pom.” Pom Wonderful LLC v. Hubbard, No. 13-6917 (C.D. Cal., order entered June 29, 2016). Pom filed a lawsuit alleging infringement of the “pom” mark, and Pur defended its use by arguing that Pom’s stylized use of the mark—a heart-shaped “O”—prevented Pom from claiming ownership of the non-stylized mark. The court disagreed, finding that the “stylized lettering does not alter the pronunciation or perception of the word; the standard character mark is both aurally and visually indistinguishable from the mark bearing a heart-shaped ‘O.’” Information about the Ninth Circuit decision reversing a lower court’s decision in favor of Pur Beverages appears in Issue 550 of this Update. Issue 610
A California federal court has granted preliminary approval for a settlement agreement in a lawsuit alleging PepsiCo products contain levels of 4-Methylimidazole (4-MEI) exceeding the legally permissible amount under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Sciortino v. PepsiCo Inc., No. 14-0478 (N.D. Cal., order entered June 28, 2016). Under the settlement, PepsiCo has agreed “to require its caramel coloring suppliers to meet certain 4-MeI levels in products shipped for sale in the United States, ensuring the 4-MeI concentration levels will not exceed the level of 100 parts per billion, and to test the covered products pursuant to an agreed protocol.” The court noted that the injunctive relief is the same as the agreement in an action brought by the Center for Environmental Health (CEH) alleging similar facts. “However, the Settlement Agreement will ‘enhance the CEH settlement by: (1) expanding the geographic scope of…
The Eighth Circuit Court of Appeals has upheld the legality of three-month prison sentences handed down to former Quality Egg, LLC executives Austin “Jack” DeCoster and his son Peter, former officials of the company deemed responsible for a 2010 Salmonella outbreak traced to its Iowa egg farms. United States v. Quality Egg, LLC, No. 15-1890 (8th Cir., order entered July 6, 2016). Convicted of misdemeanor violations of the federal Food, Drug, and Cosmetic Act (FDCA), the DeCosters argued their sentences were unconstitutional under the Due Process Clause and the Eighth Amendment because incarceration for their offenses is either altogether inappropriate or disproportionate to the crimes. Upon a de novo review of the case, the appeals court confirmed that “the DeCosters are liable for negligently failing to prevent the salmonella outbreak.” Further, the men’s sentences did not violate the Due Process Clause because the sentences were “relatively short” and the “convictions…
The European Food Safety Authority (EFSA) has released a searchable database of botanicals that contain naturally occurring substances of potential concern to human health. The compendium is intended for use as a safety assessment tool for food and dietary supplement manufacturers. The compendium will reportedly be expanded to include non-European botanical species and is expected to be finalized in early 2017. See EFSA News Release, July 5, 2016. Issue 610
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