A divided Illinois appeals court has determined that Jimmy John’s Enterprises and one of its franchisees must continue to defend four of seven claims in a personal injury suit arising from a motor vehicle accident involving one of its delivery drivers. Reynolds v. Jimmy John’s Enters., LLC, No. 4-12-139 (Ill. App. Ct., 4th Dist., decided April 2, 2013). The plaintiff, who was riding a motorcycle when the accident occurred and purportedly sustained permanently disabling injuries, alleged that the driver was negligently supervised and trained and thus made an illegal turn into his path in an effort to comply with the food company’s promise of “freaky fast” food delivery, that is, that “deliveries will be made within 15 minutes of receiving the sandwich order.” Finding that the defendants did not properly bring their motion to dismiss under the state’s procedural rules, the court majority found that the trial court erred in…
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A federal court in California has issued a tentative rejection of a settlement reached in a putative class action alleging that Ben & Jerry’s Homemade Inc. falsely claims that its ice cream is all natural despite containing genetically modified ingredients. Tobin v. Conopco Inc., No. 12-5881 (N.D. Cal., notice filed April 15, 2013). The court’s notice of tentative ruling also raises questions for hearing including (i) “what is the parties’ best argument that venue is proper in this district,” (ii) are the plaintiff’s claims typical of the class claims in light of the defendants’ contention that she lacks standing to bring her claims under the New Jersey Consumer Fraud Act, (iii) is the parties’ proposed notice the best practicable, (iv) do the proposed cy pres charities have any nexus to the claims, and (iv) is it appropriate to reduce the funds available for settlement purposes to cover fees and administrative…
A federal court in Colorado has dismissed the defendants’ post-trial motions for judgment as a matter of law or for a new trial thus upholding a $7.5 million jury award to plaintiffs who alleged personal injury from exposure to the diacetyl in microwave popcorn consumed at home. Watson v. Dillon Cos., Inc., No. 08-91 (D. Colo., order entered April 10, 2013). The court scheduled an April 18 hearing on post-trial motions to amend the judgment and for an award of attorney’s fees and costs. According to the court, in light of conflicting evidence as to the defendants’ knowledge about purported health effects from diacetyl exposure and whether non-workplace exposures are sufficient to cause injury, a reasonable jury could conclude that the defendants knew about the risk and failed to warn consumers about it. The court also found the punitive damages appropriate because “a reasonable jury could conclude that the Defendants knew…
In a recent paper, a member of European Food Safety Authority and Norwegian Scientific Committee for Food Safety genetically modified organism (GMO) panels has explored whether biosafety data provided to regulatory authorities by companies developing GMOs should be protected from disclosure. K.M. Nielsen, “Biosafety Data as Confidential Business Information,” PLOS Biology, 2013. Noting that standards or criteria as to what constitutes “legitimate” confidential business information (CBI) in GM product applications are lacking, the author argues that CBI claims are used indiscriminately and prevent independent research and monitoring. The article concludes with the author’s suggested criteria for “warranted CBI claims.” Among other things, the criteria would exclude from protection “information present in patent documents or for information not considered to be or not under confidentiality agreements in other companies/locations/countries.”
Three research articles recently published in BMJ have reportedly concluded that reducing dietary salt consumption and increasing potassium intake “will have major health and cost benefits across the world,” according to an April 4, 2013, summary in BMJ Case Reports. The first study involved a systematic review and meta-analysis focusing on “the effect of longer term modest salt reduction on blood pressure.” Feng He, et al., “Effect of longer term modest salt reduction on blood pressure: Cochrane systematic review and meta-analysis of randomized trials,” BMJ, April 2013. Using data from 34 trials with 3,320 participants, the study’s authors determined that “a modest reduction in salt intake for four or more weeks cause significant and, from a population viewpoint, important falls in blood pressure in both hypertensive and normotensive individuals.” In particular, they argued that reducing salt intake to 3 grams per day “will have a greater effect” than current recommendations “and…
A recent study has allegedly linked L-carnitine, a nutrient found in red meat and commonly used as an additive in energy drinks, to an increased risk of cardiovascular disease (CVD). Robert Koeth, “Intestinal microbiota metabolism of L-carnitine, a nutrient in red meat, promotes atherosclerosis,” Nature Medicine, April 2013. According to the study, L-carnitine, like the trimethylamine-containing compound choline, forms a proatherogenic compound known as trimethylamine-N-oxide (TMAO) when metabolized by intestinal microbiota. Given the “markedly” increased ingestion of L-carnitine in industrial societies, researchers apparently set out to examine the effects of the nutrient on CVD risk using isotope tracer studies in humans as well as animal models. In particular, the study’s authors reportedly “tested the carnitine and TMAO levels of omnivores, vegans and vegetarians, and examined the clinical data of 2,595 patients undergoing elective cardiac evaluations,” in addition to examining “the cardiac effects of a carnitine-enhanced diet in normal mice compared…
Scientists presenting at the National Meeting & Exposition of the American Chemical Society have reportedly identified elevated levels of arsenic in some beers sold in Germany. According to Mehmet Coelhan, who conducted the study of 140 beers as part of a monitoring program, “the discovery could be of importance for breweries and other food processors elsewhere that use the same filtering technology implicated in the elevated arsenic levels in some German beers.” The team concluded that arsenic was released into the beer from a filtering material called “kieselguhr, or diatomaceous earth, that’s used to remove yeast, hops and other particles and give the beer a crystal clear appearance.” According to Coelhan, “The resulting arsenic levels were only slightly elevated, and it is not likely that people would get sick from drinking beers made with this filtration method because of the arsenic. The arsenic is still at low levels—the risk of…
The Center for Science in the Public Interest (CSPI), other advocacy groups and local public health officials have sent letters to the CEOs of supermarkets and pharmacies urging them to “encourage customers to purchase healthier, no- and low-calorie drinks in place of higher calorie sugar drinks to improve customers’ health, as well as boost [their] company’s reputation for social responsibility and caring for the health of its customers.” The letters cite scientific studies purportedly demonstrating that “sugar drinks (carbonated or not) are a major contributor to the obesity epidemic,” “the single largest source of calories in many Americans’ diets,” and “the only food or beverage that has been directly linked to obesity.” “With supermarkets [and pharmacies] selling the lion’s share of sugar drinks, your company and others clearly have an opportunity to promote your customers’ health by encouraging customers to switch from high-calorie to low-calorie drinks,” the letters assert. “Possibilities…
An Ohio appeals court has determined that Ohio legislators improperly enacted an appropriations bill rider that was intended to preempt a Cleveland ordinance prohibiting the use of “industrially produced trans fat” in foods prepared by retail food establishments and food service operations, such as fast-food restaurants, unless the foods were served “in a manufacturer’s original sealed package.” City of Cleveland v. Ohio, No. 98616 (Ohio Ct. App., 8th App. Dist., Cuyahoga Cty., decided March 28, 2013). Additional information about Cleveland’s lawsuit challenging the state law appears in Issue 422 of this Update. The court agreed with the city that the state law was an unconstitutional attempt to preempt the city from exercising its home rule powers under the state constitution and that the provisions, enacted as amendments to a state appropriations bill, violated the constitution’s one subject rule. In determining that the appropriations bill amendment was not a “general law,” the…
A firearms company that holds the Tommy Gun™ trademark has brought an infringement action against a company selling its vodka products in 19-inch bottles shaped like Tommy guns. Saeilo Enters., Inc. v. Alphonse Capone Enters., Inc., No. 13-2306 (N.D. Ill., filed March 27, 2013). The plaintiff seeks damages, treble damages, profits, attorney’s fees, and costs under state and federal law, as well as a permanent injunction, cancellation of the vodka maker’s trademark registrations and the destruction of remaining stock. According to a news source, the plaintiff has been aggressive in protecting its brand and, in 2008, sued a company making Tommy gun replicas. It has also apparently trademarked the term “Chicago Typewriter,” a slang expression for the submachine gun. See ABA Journal, April 5, 2013.
