A study examining data from 299,381 adults in England and Wales has concluded that a 1-percent increase in alcohol beverage prices would result in 6,000 fewer emergency department (ED) visits for violence-related injuries. Nicholas Page, et al., “Preventing violence-related injuries in England and Wales: a panel study examining the impact of on-trade and off-trade alcohol prices,” Injury Prevention, July 2016. After controlling for the effects of poverty, income inequality, youth spending capacity, and seasonality, researchers with Cardiff University’s Violence Research School report that an increase in alcohol beverage prices is negatively associated with violence-related injuries whether the beverages are sold on-trade (“venues where alcohol is sold and consumed”) or off-trade (“venues where alcohol is sold for household consumption”). “There are important implications from these findings for public health and policy. In the long term, evidence from this study suggests that government policies that seek to reduce poverty and financial inequality…
Category Archives Issue 611
A deaf consumer has filed a lawsuit against Taco Bell Corp. and two franchisees alleging the company discriminated against her by refusing to allow her to order from the drive-through window. Cirrincione v. Taco Bell Corp., No. 33-0001 (D.N.J., filed July 13, 2016). At one location, the plaintiff alleges she wrote her order on a piece of paper and handed it to a Taco Bell employee at the drive-through window, and a manager then “berated Plaintiff for utilizing the drive through and for placing her order at the ‘pick-up’ window” because it “interfered with the desired flow of business.” At another location, the plaintiff asserts she again wrote her order and handed it to an employee, then “the note was slipped back through the drive-through window,” the window was shut and the order was not processed, “and no Taco Bell employee communicated with Plaintiff in any way, leaving Plaintiff humiliated,…
A California federal court has dismissed a claim of negligent misrepresentation in a lawsuit alleging that Safeway Inc. underfilled its tuna cans by 10 to 20 percent, according to testing conducted by the U.S. National Oceanic and Atmospheric Administration. In re Safeway Tuna Cases, No. 15-5078 (N.D. Cal., order entered July 13, 2016). Details about the complaint appear in Issue 584 of this Update. In a motion to dismiss, Safeway challenged the plaintiffs’ claims of unjust enrichment and negligent misrepresentation. The court dismissed arguments that unjust enrichment is not a cause of action in California, finding that the claim could be construed as a quasi-contract claim. Safeway also argued that the negligent misrepresentation claim was barred by the economic loss rule, which “requires a purchaser to recover in contract for purely economic loss due to disappointed expectations, unless he can demonstrate harm above and beyond a broken contractual promise.” Because…
The U.S. Federal Trade Commission (FTC) has issued warning letters to 28 unnamed companies that allegedly represent themselves as participants in the Asia-Pacific Economic Cooperative (APEC) Cross Border Privacy Rules system despite failing to meet the requirements underlying that claim. According to FTC, certification is granted based on the following data privacy principles: (i) preventing harm, (ii) notice, (iii) collection limitation, (iv) use choice, (v) integrity, (vi) security safeguards, (vii) access and correction, and (viii) accountability. The FTC warning letters instructed the companies to remove the APEC certification claims from their websites and notify the agency of completion or provide documentation supporting the claims. See FTC Press Release, July 14, 2016. Issue 611
The U.S. Food and Drug Administration (FDA) has filed an opposition to a petition for a writ of mandamus seeking a response to several consumer groups’ petition to prohibit perchlorate, an additive currently approved for limited use in food packaging. Breast Cancer Fund v. FDA, No. 16-70878 (9th Cir., petition filed July 8, 2016). The groups’ petition urged the Ninth Circuit Court of Appeals to compel FDA to respond to their December 2014 food additive petition, arguing the agency was required to respond by June 2015. Details about the petition for a writ of mandamus filed by the groups—which include the Center for Environmental Health, Center for Food Safety, Center for Science in the Public Interest, Environmental Working Group and the Natural Resources Defense Council—appear in Issue 599 of this Update. FDA’s response first challenges the group’s standing to sue. “Even if petitioners could demonstrate that perchlorate poses some risk…
The U.S Congress has passed legislation (S.764) requiring food and beverage manufacturers to disclose the use of ingredients made with genetically modified organisms (GMOs). Crafted by U.S. Sens. Pat Roberts (R-Kan.) and Debbie Stabenow (D-Mich.) and backed by the Organic Trade Association (OTA), the bill defines bioengineered foods as those intended for human consumption that contain genetic material “modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques” and “for which the modification could not otherwise be obtained through conventional breeding or found in nature.” If signed by President Barack Obama (D) as expected, the legislation would direct the Secretary of Agriculture to establish within two years a mandatory standard for the disclosure of GMO ingredients in applicable products by “text, symbol, or electronic or digital link” such as a QR code, excluding URLs not embedded in the link. The new rules would also allow certified organic products bear “non-GMO” labels…
