The Centers for Disease Control and Prevention (CDC) has released a study claiming that on any given day, adult consumers of alcoholic beverages imbibe approximately 16 percent of their total caloric intake from alcoholic beverages— “the same contribution to overall calories as the 16 [percent] from added sugars among U.S. children.” Samara Joy Nielsen, et al., “Calories Consumed from Alcoholic Beverages by U.S. Adults, 2007-2010,” NCHS Data Brief, November 2012. According to the study, which used data from the National Health and Nutrition Examination Survey, the adult population consumes on average “almost 100 calories per day from alcoholic beverages.” Divided between the sexes, however, the data reportedly showed that men drank 150 calories worth of alcoholic beverages each day whereas women consumed “a little over” 50 calories. “We’ve been focusing on sugar-sweetened beverages. This is something new,” said CDC epidemiologist and study co-author Cynthia Ogden. In particular, the study noted…
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New York University Nutrition Professor Marion Nestle recently gave an interview to Childhood Obesity’s features editor, Jamie Devereaux, on healthy food access, the role of packaged foods in diets, and “the topic of peer pressure in eating fast food, sugar-sweetened beverages, and brand-name snacks.” While supporting federal policy to increase fresh fruit and vegetable consumption in low-access areas, Nestle noted barriers to cooking at home such as a lack of proper equipment and a narrow food selection exacerbated by income inequality. But she also blamed industry for allegedly fostering peer pressure among young consumers to choose certain foods and beverages above others. “Food marketers deliberately target children and adolescents for marketing, much of it designed to associate the product to the emotional gains from peer bonding,” Nestle opined. “The purpose of food advertising is to make kids think they are supposed to be eating kids’ food—food made just for them—and that they know…
According to a November 5, 2012, New York Times article, technology and media companies have joined trade groups and marketing associations in opposing the Federal Trade Commission’s (FTC’s) efforts to update provisions implemented under the Children’s Online Privacy Protection Act (COPPA). As regulators look to expand the types of data-collection activities covered by COPPA, companies such as Facebook, Google and Twitter have reportedly pushed back against these proposals as unduly onerous and likely to stifle all web-based services created for children. Industry analysts have purportedly noted that once FTC requires parental consent for companies to use customer code numbers to track children, the agency “might someday require… similar consent for a practice that represents the backbone of digital marketing and advertising—using such code numbers to track the online activities of adults.” Furthermore, social media platforms have apparently taken issue with a plan to hold third parties liable “if they know…
PepsiCo, Inc. has reportedly launched a “fat-blocking” soda in Japan, sparking media interest in the latest product to take advantage of a Japanese government study finding that the water-soluble fiber supplement dextrin blocks fat absorption in the digestive system. According to various sources, “Pepsi Special” containing “indigestible dextrin” has received a “Food for Specified Heath Uses” label in Japan, which awards the designation to products with a demonstrated health benefit. Although Pepsi Special will not be available in markets outside Japan, the product has already attracted criticism from scientists and consumer groups questioning whether dextrin is as safe and effective as advertised. “Unless Pepsi can provide data from controlled studies in humans to the contrary, their claim should be regarded as bogus and deceptive,” Harvard School of Public Health Chair of Nutrition Walter Willett told Time magazine. This sentiment was echoed by Center for Science in the Public Interest Executive Director…
The Obesity Policy Coalition (OPC) has sent a report to Australian officials on the country’s current self-regulatory system for food marketing, which OPC has described as “seriously flawed.” According to the coalition, the codes developed by the food industry to govern marketing to children “are extremely complex,” resulting in “a litany of loopholes” that companies have allegedly exploited “to promote their products despite childhood obesity sitting at record levels.” In particular, the report claims that self-regulatory codes (i) do not apply to all food advertisers or all age-groups of children, (ii) “only cover advertising that is ‘directed primarily to children,’” (iii) fail to cover many forms of promotion and media, and (iv) rely on “unclear” criteria for determining what is healthy or unhealthy. It also finds the administration and enforcement of these codes “grossly inadequate” since “the scheme relies entirely on complaints from the public.” Faulting the Advertising Standards Board…
Dr. Pepper Snapple Group has reportedly announced that it will remove its 7UP products with antioxidants from the market by early 2013. The company evidently denied that its decision was related to a lawsuit filed against it by the Center for Science in the Public Interest (CSPI), which had alleged that the products were falsely advertised. Additional information about CSPI’s lawsuit appears in Issue 461 of this Update. According to a Dr. Pepper statement, the decision to reformulate the product for consistency across its brands was made in 2011 and that it had met with CSPI to discuss the organization’s claims this summer. The company also noted that its 7UP Cherry clearly states on the label that it is a “cherry-flavored soda that does not contain juice.” See Associated Press, November 8, 2012.
The Center for Science in the Public Interest (CSPI) has written a letter to the Food and Drug Administration’s Office of Compliance, claiming that caffeinated snack foods violate the agency’s determination “that caffeine is generally recognized as safe only in cola-type beverages and only at concentrations at 0.02 percent or less (about 72 mg per 12 oz.).” Singling out a new line of Frito-Lay’s Cracker Jack® snacks, Kraft’s MiO Energy “water enhancer” and Jelly Belly’s “Extreme Sport Beans,” CSPI alleges that these products could represent “the beginning of a craze in which many companies, large and small, disregard FDA’s regulation and begin adding caffeine to all kinds of foods and beverages.” In particular, the consumer group has raised concerns that caffeinated snacks like “Cracker Jack’D” are child-friendly even if they are not marketed directly to children. “Kids will naturally be attracted to a tasty, finger-friendly snack food packaged and advertised with…
A federal court in Hawaii has dismissed in part a complaint filed by the Equal Employment Opportunity Commission (EEOC) against farmers and a recruiting company that allegedly mistreated Thai workers. EEOC v. Global Horizons, Inc., No. 11-00257 (D. Hawaii, decided November 8, 2012). The court granted the motion to dismiss “insofar as the Court holds that a 300-day limitations period applies to claims brought by Plaintiff under 42 U.S.C. § 2000e-6” relating to allegations of pattern or practice of discriminatory treatment because of national origin, race, retaliation, and/or constructive discharge. The remainder of the claims, to the extent they did not involve unlawful employment practices allegedly occurring more than 300 days before a charge was filed with EEOC, are not time-barred and will proceed. EEOC alleges that defendant Global Horizon promised Thai men temporary visas to work high-paying agricultural jobs in the United States, but took their passports, provided substandard housing…
A federal court in California has dismissed putative class claims filed against H.J. Heinz Co. LP by a factory worker alleging that the company denied employees full wages by improperly rounding their time records while also purportedly penalizing and disciplining workers for “clocking in past scheduled start times or clocking out before scheduled end times.” Mendez v. H.J. Heinz Co., L.P., No. 12-5652 (C.D. Cal., decided November 13, 2012). The plaintiff sought to represent putative statewide and nationwide Fair Labor Standards Act (FLSA) classes and alleged violations of the California Labor Code—failure to pay all wages, failure to pay minimum wages owed, failure to timely pay wages at separation, failure to provide accurate wage statements—and violation of the California Business and Professions Code. He also asserted a claim for violation of the FLSA on behalf of the nationwide class. The court agreed with the defendants that the plaintiff failed to…
The First Circuit Court of Appeals has determined, as a matter of first impression, that Starbucks Corp. violated a Massachusetts law prohibiting restaurant tips to be shared with employees who have managerial responsibilities, because the “upscale coffee house” chain allowed tips collected in tip jars by the cash registers of its Massachusetts shops to be shared by shift supervisors and baristas. Matamoros v. Starbucks Corp., Nos. 12-1189, -1277 (1st Cir., decided November 9, 2012). Massachusetts apparently amended a tip-sharing law in 2004. Under the earlier version, the courts applied a “primary duty” test to decide whether an employee could participate in a tips pool—if the primary duty was to serve customers, he could participate; if the primary duty was to manage, she was ineligible. After amendment, the legislature clearly defined a “wait staff employee” as someone, among other matters, “who has no managerial responsibility.” The court agreed with the plaintiffs…
