The New York City Board of Health has adopted Mayor Michael Bloomberg’s recommendation to establish a maximum serving size of 16 ounces for sugar-sweetened, non-alcoholic drinks sold at local food establishments. Board members reportedly voted 8-0 with one abstention, one absence and one vacancy to amend Article 81 of the Health Code to place a size restriction on beverages containing more than 25 calories per eight ounces and all self-service cups offered by food vendors, with exemptions for products that are more than 50 percent milk or 100 percent fruit or vegetable juice. Effective March 13, 2013, the new regulations will apply to restaurants, mobile food carts, delis, theater and stadium concessions, and any other food-service business regulated by the city’s Department of Health and Mental Hygiene, which will impose fines of $200 per violation. “Today’s vote is a historic and important step in fighting New York City’s epidemics of…
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The Food and Drug Administration (FDA) has announced a draft compliance policy guide (CPG) concerning the “Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, Mitigate, Treat, or Prevent Disease in Dogs and Cats.” According to the September 10, 2012, Federal Register notice, the draft CPG explains how FDA plans “to use its enforcement discretion with regard to the labeling and marketing of dog and cat food products that are labeled and/or marketed as intending to diagnose, cure, mitigate, treat, or prevent diseases and to provide nutrients in support of meeting the animal’s total daily nutrient requirements.” Issued in response to new animal drug provisions of the Federal Food, Drug, and Cosmetic Act (FD&C Act), the draft CPG seeks to address an observed increase in the number of cat and dog food products “that make labeling or marketing claims” about disease diagnosis, treatment or prevention. It also…
Senators Richard Durbin (D-Ill.) and Richard Blumethal (D-Conn.) have responded to the Food and Drug Administration’s (FDA’s) letter concerning actions the agency plans to take on energy drinks. While the senators “were pleased to learn that the FDA intends to release final guidance distinguishing liquid dietary supplements from beverages,” they contend that FDA’s response to their earlier request “did not address one of our greatest concerns, which include the potential interactions and cumulative effects of additives with stimulant properties in energy drinks with high levels of caffeine. While ginseng and other additives were not mentioned, your letter reviews taurine and guarana, which are generally regarded as safe (GRAS) food additives when used to add flavor.” The senators seek an explanation about the use of these ingredients to provide a stimulating effect and their safety when used this way. They also seek information about the agency’s consideration of “the unique health…
U.S. Senators Frank Lautenberg (D-N.J.), Ron Wyden (D-Ore.) and Richard Blumenthal (D-Conn.) have reportedly joined the American Cancer Society’s Cancer Action Network and a coalition of federal, state and local public health organizations in urging U.S. Surgeon General Regina Benjamin to investigate the alleged association between sugar-sweetened drinks and rising obesity rates. According to a September 12, 2012, letter, the senators have asked Benjamin to conduct a study that would determine “the impact of sugary drinks on rates of American obesity and whether public health proposals that target sugary beverages will positively impact public health.” “As America’s waistline has expanded, so too has our access to sugary drinks,” states the letter. “Beverages like soda, sports drinks, lemonade, juice drinks, and sweetened teas are cheap and available everywhere. Doctors and public health experts recommend limiting and reducing the consumption of sugary drinks, especially in children, but kids and adults drink twice…
Researchers using data for nearly 500,000 men and women participating in the NIH-AARP Diet and Health Study have purportedly found that coffee consumption is “inversely associated with colon cancer, particularly proximal tumors.” Rashmi Sinha, “Caffeinated and decaffeinated coffee and tea intakes and risks of colorectal cancer in a large prospective study,” American Journal of Clinical Nutrition, June 13, 2012. Ninety percent of the cohort drank coffee, and 16 percent consumed more than four cups per day. “Compared with nondrinkers, heavy coffee drinkers (≥6 cups/d) were more likely to be men, current smokers, and physically inactive and consumed more red meat and alcohol but less fruit and vegetables.” Heavy coffee drinkers also apparently consumed predominantly caffeinated coffee. According to the researchers, “there was an inverse association between individuals who drank 4-5 cups coffee/d compared with nondrinkers with colon cancer (HR: 0.85; 95%, CI: 0.75, 0.96), and the association was even stronger…
Relying on data provided by a study of more than 60,000 Norwegian women from 1999 to 2008, Swedish and Norwegian researchers have found that a “high intake of both AS [artificially sweetened] and SS [sugar-sweetened] beverages is associated with an increased risk of preterm delivery.” Linda Englund-Ögge, et al., “Association between intake of artificially sweetened and sugar-sweetened beverages and preterm delivery: a large prospective cohort study,” American Journal of Clinical Nutrition, August 2, 2012. The women were asked about servings of carbonated soft drinks and non-carbonated beverages, both AS and SS, per day, week and month, and a serving was defined as 250 mL for all beverages. The groups were divided into AS and SS groups and further divided into intake categories. For women consuming more than one serving per day of AS beverages, the adjusted odds ratio for preterm delivery was 1.11. Consumption of more than one serving of…
The Food and Drug Administration (FDA) has reportedly approved the use by Ohio State University (OSU) investigators of brain pacemakers as an obesity treatment. Deep-brain stimulation has apparently been approved for use in the treatment of disorders such as Parkinson’s disease, tremor, dystonia, and severe obsessive-compulsive disorder, and OSU researchers and clinicians evidently made the case for use of the therapy to treat obesity in an article recently published in Neurosurgery. According to OSU Professor of Neurological Surgery Ali Rezai, the goal will be to stimulate the region of the brain linked to addictive behavior to improve its function, regulation and control. “Research shows that many of the complexities of obesity are traced to faulty signals in the brain. Considering the heightened health risks in obese individuals and the problems that some patients have after bariatric surgery, it is reasonable to consider deep-brain stimulation as a treatment,” he said. See…
The American Society of Law, Medicine & Ethics will sponsor a conference in Atlanta, Georgia, October 10-12, 2012, that will focus in part on food-related issues. The “Public Health law Conference 2012: Practical Approaches to Critical Challenges,” event will include concurrent sessions titled (i) “If Sugar Is Addictive, What Does It Mean for the Law?,” including panelist Ashley Gearhardt, who has written on this topic with the Rudd Center’s Kelly Brownell in Biological Psychiatry; (ii) “Hot Topics in Preemption—From Fast Food to Fire Sprinklers to Safety Nets,” including panelist Mark Pertschuk, who actively promoted nonsmokers’ rights from 1987-2007; and (iii) “Enhancing the Safety of What We Eat: FDA’s Food Safety Modernization Act,” including panelist Bruce Clark, an attorney with the Marler Clark firm which focuses its practice on food-contamination lawsuits.
According to a news source, a Brazilian court has determined that Nestlé’s strawberry-flavored Bono Cookies® contain genetically modified (GM) soybeans at levels in excess of a 1 percent limit and that the company must thus place a yellow triangle with a “T” in the middle along with the word “transgenic” on its product labels. Failure to do so will apparently result in a fine of nearly $2,500 USD per product found in the market to contravene the order. The European Union and Japan also reportedly require GM foods to be labeled, and California voters will vote on a GM labeling referendum this fall. See Food World News, August 27, 2012.
The manufacturer that sells the Bosch®, Thermador® and Gaggenau® brands of home appliances has sued the Julia Child Foundation for Gastronomy and the Culinary Arts seeking a declaration that it has not infringed the defendant’s trademarks and copyrights or the publicity rights related to the late Julia Child. BSH Home Appliances Corp. v. The Julia Child Found. for Gastronomy & the Culinary Arts, No. 12-11590 (D. Mass, filed August 24, 2012). According to the complaint, Julia Child used the plaintiff’s Thermador® oven for many years both on the set of The French Chef TV program and in her personal kitchen, which, after she died, was donated to and appears in the Smithsonian Institution. The oven maker claims that it has used images of Julia Child “and references to the well-known historical fact of her use of Thermador products in various media, including on its website and on its social media web…
