A study commissioned by the International Food Additives Council (IFAC) has claimed that when used as a gelling or thickening agent in foods, carrageenan (CGN) causes no adverse effects in human cells. James McKim, Jr., et al., “Effects of carrageenan on cell permeability, cytotoxicity, and cytokine gene expression in human intestinal and hepatic cell lines,” Food and Chemical Toxicology, July 2016. After testing three forms of carrageenan in vitro to evaluate “intestinal permeability, cytotoxicity, and CGN-mediated induction of proinflammatory cytokines,” researchers evidently concluded that intestinal cells did not absorb CGN, which, in turn, was not cytotoxic and did not induce oxidative stress or inflammation. “This study was unable to reproduce any of the previously reported in vitro findings. As a result, it is unlikely that CGN causes inflammation or that it disrupts insulin signaling pathways reported by Bhattacharyya et al. (2012),” note the study’s authors. “This work also demonstrates that…
Category Archives Issue 614
The Children’s Advertising Review Unit (CARU) has advised Kellogg Co. to revise the packaging for Fruit Flavored Snacks, recommending against statements that the product is “made with real fruit.” The front of the package featured cartoon characters and the statement “made with real fruit” superimposed on the image of an apple. The side panel clarified that the snacks are “made with equal to 20% fruit.” Based on a typical child’s interpretation of the message, CARU found that children may be confused because “although the fruit flavored snacks were made with fruit puree concentrate, at the end of the process, only a very small amount of actual fruit puree concentrate was included in each serving of the product.” In a statement, Kellogg indicated that it disagreed with CARU’s findings but would modify the language and remove the apple logo in deference to the self-regulatory process. Issue 614
Restaurant chain Tasty Burger has reportedly threatened to file an infringement action against Chipotle Mexican Grill Inc. following the announcement of Chipotle’s new burger restaurant concept, Tasty Made. Tasty Burger argues that Tasty Made’s name and logo infringe upon Tasty Burger’s established marks, which have been used in commerce since 2010; in addition to the similar name, both logos feature white writing on a red background, albeit in different typefaces. Tasty Burger sent a cease-and-desist letter to Chipotle on July 19, 2016, but CEO David DuBois told the Chicago Tribune that the company ignored it. DuBois also told the paper he contacted the media about the dispute because he is “sick of getting calls from people asking me if we got absorbed.” In response, Chipotle told the Tribune that “there is sufficient difference between the names and logo marks so as not to cause consumer confusion, and we believe both…
A New Jersey federal court has transferred to California a lawsuit alleging that The Quaker Oats Co. misleads consumers with the packaging of its Maple & Brown Sugar oatmeal product because it does not contain maple syrup or maple sugar. Gates v. Quaker Oats Co., No. 16-1944 (D.N.J., order entered August 3, 2016). The complaint “makes essentially identical allegations against Quaker” as three other putative class actions pending in other federal courts, the court notes, including the first-filed case in California. The Judicial Panel on Multidistrict Litigation denied an Illinois plaintiff’s request to consolidate the cases into multidistrict litigation, but the panel suggested that the other parties transfer their lawsuits to California to streamline the process. Quaker moved to transfer the case from New Jersey to California, and the plaintiff did not oppose; accordingly, the court granted the motion to transfer. Issue 614
The Alabama Alcoholic Beverage Control Board (ABC) will reportedly vote on a proposed rule requiring brewers to collect personal information from purchasers of beer for off-premises consumption. The proposed rule, which requires gathering a customer’s name, address, age and phone number, follows a rule enacted June 1 allowing craft breweries to sell six-packs, large bottles and other containers of beer. The rule’s purpose may relate to enforcement of Alabama’s 288-ounce limit on single purchases, but the ABC has reportedly not publicly commented on the reasoning underlying the proposal. The board will vote on September 28, 2016. See Associated Press, August 5, 2016. Issue 614
The U.S. Food and Drug Administration (FDA) has extended until July 26, 2018, the deadline for posting the calorie counts of “certain gums, mints, and roll candy products” sold in glass-front vending machines, as well as for complying with type-size front-of-pack (FOP) labeling requirements. Published December 1, 2014, and effective December 1, 2016, the final rule requires businesses operating 20 or more vending machines to clearly disclose calorie counts “in a direct and accessible manner” if calories are not easily visible to prospective purchasers via FOP labeling. According to FDA, “several trade associations requested the extension for glass-front vending machines because of concerns regarding the requirements for the size of front-of-pack (FOP) calorie disclosures.” The trade associations apparently noted that “current voluntary FOP labeling programs require calorie information to be presented in a type size that ranges from 100 to 150 percent of the size of the net weight contents…
