A study by University of Maryland researchers has purportedly found that adolescents and young adults whose consumption of energy drinks continued or increased after age 21 are at increased risk of alcohol use disorder, cocaine use or nonmedical stimulant use by age 25. Amelia M. Arria, et al., “Trajectories of energy drink consumption and subsequent drug use during young adulthood,” Drug and Alcohol Dependence, August 7, 2017. The study recruited subjects at age 18 and tracked their consumption of highly caffeinated energy drinks through age 25. Although overall consumption declined after age 21 and 20.6 percent of that age group did not consume the drinks at all, 51.4 percent of the subjects apparently demonstrated “persistent” use that predicted alcohol, cocaine or stimulant abuse. Issue 644
Category Archives Issue 644
The Trademark Trial and Appeal Board (TTAB) has affirmed a refusal to grant Empire Technology Development a trademark for “coffee flour,” finding “clear evidence of generic use” of the term. In re Empire Tech. Dev. LLC, Serial No. 85876688 (TTAB, entered August 3, 2017). The company, which created the flour from ground coffee cherry skins, pulp and pectin, claimed first use of the mark in 2012. TTAB found that Empire “failed to develop and promulgate a generic term other than ‘coffee flour’ and to educate the public to use some other name” and used coffee flour as a generic term in its advertising materials and in media coverage. To allow trademark protection for a generic term, even when identified with a first user, would grant the owner a monopoly because a competitor could not describe the product as what it is, the board said. Moreover, the board said Empire’s failure…
A dairy trade group has filed a lawsuit against Wisconsin’s Department of Natural Resources (DNR) alleging that the agency both exceeded its authority and failed to follow required public rulemaking processes when it set new water pollution control regulations affecting dairy and animal feeding operations. Dairy Bus. Ass’n v. Wis. Dep’t of Nat. Res., No. 2017CV001014 (Wis. Cir. Ct., Brown Cty., filed July 31, 2017). The complaint involves recent administrative rules and guidance issued by DNR related to feed storage leachate runoff and calf hutches. DNR is the state agency tasked with enforcement of the federal Clean Water Act and is responsible for issuing state Pollutant Discharge Elimination System permits (WPDES) to entities that discharge pollutants into state waters. The complaint asserts that the goal of the permit system is “parity” with the Clean Water Act (CWA) and state regulations “shall comply with and not exceed the requirements of the…
Iowa health officials have warned that the copper mugs typically used to serve Moscow Mule cocktails may cause copper poisoning. The state’s Alcoholic Beverage Division warns that according to U.S. Food and Drug Administration guidelines, copper should not come into contact with acidic foods with a pH below 6, and a traditional Moscow Mule is “well below” that, according to the agency. When copper or copper alloys come into contact with acidic foods, the metal can leach into the food; the agency recommends using copper containers lined with a different “nonreactive” material, such as nickel, stainless steel, enamel or ceramic. See The Washington Post, August 8, 2017. Issue 644
The National Advertising Division (NAD) has recommended that Sanderson Farms change a campaign claiming that its competitors are tricking consumers with "raised without antibiotics" labels on poultry products. NAD found that the information in Sanderson's ads was accurate, including its claim that "none of the chicken you buy in the grocery store has antibiotics in it. By federal law, all chicken must be clear of antibiotics before they leave the farm." However, NAD recommended that the language Sanderson used to describe its competitors' "antibiotic-free" labels, including "marketing gimmick," "full of hot air," "just a trick to get you to pay more money" and "a phrase invented to make chicken sound safer," should be changed, noting that the scientific community lacks a consensus on the safety of consuming meat from animals raised using antibiotics. Sanderson reportedly "respectfully disagrees" with the decision but will adjust the campaign to reflect NAD's concerns. "The…
In response to a petition for a constitutional injunction from a group of Mexican potato growers, a federal district court in Los Mochis, Mexico, has banned the import of U.S. potatoes to “preserve food sovereignty and the health of Mexican crop fields.” The growers reportedly argued that imported potatoes create a risk of crop disease and that Mexican agricultural authorities had failed to take preventive action. See New York Times, August 4, 2017. Issue 644
According to a warning letter from the U.S. Department of Agriculture (USDA), the sugar-sweetened beverage (SSB) tax that took effect in the Chicago metropolitan area on August 2, 2017, violates the federal Food and Nutrition Act, putting Illinois at risk of losing its food-stamp funds. Some retailers could not update point-of-sale systems to exempt SSB purchases made with Supplemental Nutrition Assistance Program (SNAP) funds before the tax went into effect, so Cook County Department of Revenue officials told retailers they could refund the taxes at a customer service desk or other location on the premises. However, USDA told the Illinois Department of Human Services (IDHS) in an August 7 letter that retailers cannot charge tax to SNAP recipients at any time and that providing an immediate refund does not cure the violation of federal law. USDA also stated that it notified Cook County officials that the workaround was “unacceptable” as…
