The Animal Welfare Institute (AWI) has submitted a petition to the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) asking that the agency require all slaughter establishments to create and implement written animal-handling plans to decrease the “needless suffering of animals during slaughter.” Citing more than 1,000 humane slaughter violations that allegedly occurred at state and federally inspected slaughter plants from 2007 through 2012, AWI calls on FSIS to write regulations that require (i) “all workers who have contact with animals be trained in humane handling,” (ii) “stunning equipment be routinely tested and maintained,” and (iii) “backup stunning devices be available in both the stunning and holding areas of every slaughter plant.” According to AWI, the agriculture department recommended eight years ago that all slaughter plants take a “systematic approach to humane slaughter by developing a comprehensive, written animal handling plan,” yet just 35 percent of federally inspected…
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The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a proposal that would require beef products undergoing a mechanical tenderization process be labeled as such and include new cooking instructions to ensure proper handling. According to an agency spokesperson, “Ensuring that consumers have effective tools and information is important in helping them protect their families against foodborne illness.” Some cuts of beef are apparently pierced by needles or sharp blades to break up muscle fibers and increase tenderness. With the possible introduction of pathogens into the interior of such products, FSIS notes that they “may pose a greater threat to public health than intact beef products, if they are not cooked properly.” Public comments will be requested within 60 days of publication in the Federal Register. See FSIS News Release, June 6, 2013.
U.S. Rep. Edward Markey (D-Mass.) has re-introduced legislation (H.R. 2248) that would prohibit the use of bisphenol A (BPA) in all food and beverage containers. Titled the “Ban Poisonous Additives Act 2013,” the bill would “ban reusable food and beverage containers (e.g., thermoses) and other food containers (e.g., canned food and formula) that contain BPA from being sold or introduced into commerce.” “It’s time to take the worry out of feeding America’s kids by taking the BPA out of infant formula, canned goods, and other food and beverage containers,” said Markey, who has been working to remove BPA from food and beverage containers since 2008. “Parents, consumers, and doctors are all asking to get BPA out of our bodies. It’s time to ban this chemical and move to safer alternatives.” The proposed legislation would also (i) permit the U.S. Food and Drug Administration (FDA) to issue one-year waivers if a…
A recent study has allegedly linked di-2-ethyhexylphthalate (DEHP) exposure to elevated blood pressure (BP) in children, raising concerns about the effect of phthalates and other plastic additives on long-term heart health. Leonardo Trasande, et al., “Urinary Phthalates Are Associated with Higher Blood Pressure in Childhood,” The Journal of Pediatrics, May 2013. Researchers with the New York University (NYU) Langone Medical Center, University of Washington, University of Cincinnati, and Penn State University apparently used urinary metabolite data from 3,000 children enrolled in the National Health and Nutrition Examination Survey 2003-2008 to quantify exposure to three phthalate families, including DEHP. Although the results evidently found no association between the phthalates used in cosmetics and personal care products and increased BP, dietary exposure to DEHP was reportedly associated “with higher systolic BP in children and adolescents.” “Phthalates can inhibit the function of cardiac cells and cause oxidative stress that compromises the health of…
A new mobile application that allows consumers to learn more about the company and manufacturing process behind a specific product has attracted nationwide media attention, with ABC News “Technology Review” recently naming it “App of the Week.” Created by Los Angeles based developer Ivan Pardo, the “Buycott” app encourages consumers to scan product barcodes to determine whether the purchase conflicts with any causes identified by the user, who can decide to join preexisting Buycott campaigns or create new ones based on individual concerns. For example, as a May 14 Forbes article explains, the “Demand GMO Labeling” campaign will tell consumers if a box of cereal “was made by one of the 36 corporations that donated more than $150,000 to oppose the mandatory labeling of genetically modified food.” In addition to helping consumers source products, Buycott reportedly supplies company information ranging from “phone numbers, emails, social media accounts, and headquarters location……
The seventh biennial Childhood Obesity Conference is slated for June 18-20, 2013, in Long Beach, California. Described as “the nation’s largest, most influential collaboration of professionals dedicated to combating pediatric obesity,” the event expects to draw nearly 2,000 attendees from across the nation. Agenda highlights include presentations by New York Times investigative journalist Michael Moss, New York University Professor Marion Nestle, food activist and attorney Michele Simon, and Center for Science in the Public Interest Director of Nutrition Policy Margo Wootan.
The Department of Justice (DOJ) has published the antitrust complaint filed with a proposed final judgment and competitive impact statement, resolving its concerns that the acquisition of Grupo Modelo S.A.B. de C.V. by Anheuser-Busch InBev SA/NV would violate section 7 of the Clayton Act. According to DOJ, the final judgment requires the companies “to divest Modelo’s entire U.S. business to Constellation Brands, Inc.,” or to an alternative purchaser if that transaction fails, to avoid a threat to the competitive U.S. beer market. Court approval of the agreement is required, and public comment is requested within 60 days of publication. See Federal Register, May 22, 2013.
Class representatives in litigation against Papa John’s International have filed an unopposed motion for preliminary approval of a class action settlement in a case involving claims that the company’s franchisees sent unlawful commercial text messages through OnTime4U to some 220,000 individuals without their express consent. Agne v. Papa John’s Int’l, Inc., No. 10-1139 (W.D. Wash., filed May 17, 2013). Details about the court’s grant of class certification appear in Issue 463 of this Update. Under the proposed agreement, class members who are provided notice will automatically receive a merchandise certificate for a free Papa John’s pizza—a $13 retail value with a collective value of $2.86 million. Class members who submit claims and whose phone numbers are verified will also receive $50 each at an aggregate value of $11 million. Attorney’s fees and costs will add $2.45 million to the settlement fund, and $25,000 in incentives for the named plaintiffs will…
A YUM! Brands shareholder has brought a derivative action on behalf of the company against its officers and directors in a federal court in Kentucky, alleging they inflated the company’s growth predictions and failed to promptly inform shareholders that the company purchased chicken with allegedly excessive levels of antibiotics and toxic chemicals for sale in KFC establishments in China; according to the complaint, once the information became public, business in China and the company’s share price plummeted, while the defendants “profited handsomely” from “dumping more than $64.6 million of personally held common stock during the Relevant Period.” Zona v. Novak, No. 13 506 (W.D. Ky., filed May 21, 2013). Alleging breach of fiduciary duty, insider selling and misappropriation of information, and unjust enrichment, the plaintiff seeks damages, injunctive relief, disgorgement, attorney’s fees, costs, and expenses. She claims that management knew as early as 2009 that the chicken purchased in China was tainted…
A federal court in Georgia has overruled the government’s objections to Stewart Parnell’s representation by attorney Kenneth Hodges in the defense of criminal charges arising from a Salmonella outbreak allegedly traced to Parnell’s former company, Peanut Corp. of America. United States v. Parnell, 13-12 (M.D. Ga., order entered May 30, 2013). Because the government’s motion was sealed, further details about the objections are unknown. According to the court, Parnell “knowingly and voluntarily waived his right to object to Hodges’ potential or actual conflict.” Additional information about the criminal charges appears in Issue 472 of this Update.
