The Federal Trade Commission (FTC) has determined that its “Green Guides,” which “help marketers avoid making deceptive claims by outlining general principles that apply to all environmental marketing claims,” should be retained and updated. Initially developed in 1992 and last revised in 1998, the guides also provide information about how “reasonable consumers are likely to interpret particular claims, how marketers can substantiate them, and how they can qualify those claims to avoid consumer deception.” The proposed changes include new guidance on the “use of product certifications and seals of approval, ‘renewable energy’ claims, ‘renewable materials’ claims, and ‘carbon offset’ claims.” They do not address use of the terms “sustainable,” “natural” and “organic.” Public comments are requested by December 10, 2010. FTC Chair Jon Leibowitz was quoted as saying, “In recent years, businesses have increasingly used ‘green’ marketing to capture consumers’ attention and move Americans toward a more environmentally friendly future.…
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A recent study has suggested that mothers who consume diets high in trans fats could double the risk that their babies will have high levels of body fat. Alex Anderson, et al., “Dietary trans fatty acid intake and maternal and infant adiposity,” European Journal of Clinical Nutrition, September 2010. University of Georgia (UGA) researchers studied 95 mothers in three groups—those who fed their babies only breast milk, those who used only formula and those who used a combination—to determine the effect of trans fat intake through breast milk. They concluded that the mothers who consumed more than 4.5 grams of trans fats daily while breastfeeding were more than twice as likely to have babies with high percentages of body fat, or adiposity, than those who consumed less than 4.5 grams per day. “Trans fats stuck out as a predictor to increased adiposity in both mothers and their babies,” study co-author Alex Anderson…
A recent study reportedly claims that prenatal exposure to the pesticide dichlorodiphenyltrichloroethane (DDT) and its breakdown product dichlorodiphenyldichloroethylene (DDE) is associated with accelerated growth and elevated BMI in infants born to normal-weight mothers. Michelle Mendez, et al., “Prenatal Organochlorine Compound Exposure, Rapid Weight Gain and Overweight in Infancy,” Environmental Health Perspectives, October 2010. Researchers apparently used data from Spain’s ongoing INMA [Infancia y MedioAmbiente] study, which assayed blood from approximately 500 expectant mothers for persistent chlorinated pollutants such as DDT and DDE, hexachlorobenzene, beta-hexachlorohexane, and dioxin-like polychlorinated biphenyls. The authors concluded that, when compared to infants born to women in the lowest quartile for DDE exposure, those born to normal-weight mothers in the first quartile were at “a two times increased risk of rapid growth.” In addition, “DDE was also associated with elevated BMI at 14 months.” The study suggested, however, that the association only appeared true for normal-weight, as…
A recent study has homed in on a possible explanation for colony collapse disorder (CCD), a mysterious ailment behind the destruction of honeybee hives worldwide. Jerry J. Bromenshenk, et al., “Iridovirus and Microsporidian Linked to Honey Bee Colony Decline,” PLoS One, October 2010. Researchers apparently found that a combined fungal and viral infection led to 100 percent fatality among bees exhibiting CCD, which disorients and disperses hive members. Although previous studies had evidently suspected small RNA bee viruses or other pathogens, no single factor has been “firmly linked to honey bee losses,” according to the study abstract. Using mass spectrometry-based proteomics (MSP) “to identify and quantify thousands of proteins from healthy and collapsing bee colonies,” the authors concluded that “co-infection” by invertebrate iridescent virus (IIV) and the microsporidia Nosema ceranae is “a probable cause of bee losses in the USA, Europe, and Asia.” Nevertheless, they also stressed the need for further…
New York University Professor Marion Nestle has commented on an October 5, 2010, USA Today article that highlights the efforts of alcoholic beverage manufacturers to make financial contributions to breast cancer research efforts. According to USA Today, “Both the American Cancer Society and the National Cancer Institute say even moderate drinking increases breast cancer risk,” but some companies have reportedly started “pink” product campaigns to raise money for research. The purported conflict of interest has led the Breast Cancer Network for Strength and other advocacy groups to consider refusing donations tied to alcohol sales. USA Today cites Dwight Burlingame, associate executive director of the Center on Philanthropy at Indiana University, as saying that “cause-related marketing is not about charity,” but rather serves as a product promotion. At least one beverage manufacturer, however, has disputed that interpretation, noting that its campaign honors an employee who lost her life to breast cancer and…
The Children’s Environmental Health Institute will conduct its “Sixth Biennial Scientific Symposium” on October 21-22, 2010, in Houston, Texas; the focus this year is “Prenatal & Early Life Exposures: How Environmental Toxins Affect the Course of Childhood.” The symposium will include sessions on “Improving Access to and Consumption of Healthy, Safe, and Affordable Food for Children and Families” and “Becoming Change Agents for Access to and Consumption of Healthy, Safe, Affordable and Accessible Food.” Among other matters, conference participants will “discover strategies for childhood obesity prevention efforts that have been implemented by local governments.” The symposium will also include a session on corporate best practices and responsible investing to prevent purported environmental health risks.
A looseleaf reference book titled Products Liability: Design and Manufacturing Defects, 2d has been updated with sections considering legal issues relating to genetically modified (GM) foods. The section on “design defects in GM organisms used in food production” discusses the extensive regulatory review to which these substances are subject and notes that no known injury has yet been linked to the use of GM organisms. The section on “failure to warn of idiosyncratic reaction to GM foods” cites cases involving plaintiffs with allergies or unusual susceptibilities involving other types of products. The author adds the following observation: “The same technology that is used to create novel food will provide the tools for preventing risk. Properly managed, novel food can reduce the net incidence of food allergies, through creation of hypoallergenic varieties of common crops. This standard for ‘design’ of food may one day give rise to ‘design defect’ liability for failure…
Darden Concepts, Inc. has filed a trademark infringement action against a TGI Friday’s franchisee located in San Diego, California, alleging that its use of “Never Ending Shrimp” to promote one of its menu offerings infringes the “Never Ending Pasta Bowl” mark that Darden has registered and used in its Olive Garden restaurants for 15 years. Darden Concepts, Inc. v. Briad Restaurant Group, L.L.C., No. 10-2077 (S.D. Cal., filed October 6, 2010). Darden alleges that use of the “Never Ending Shrimp” mark has the potential to confuse the public and will mislead consumers to believe that TGI Friday’s restaurants are affiliated with Darden’s Olive Garden and Red Lobster restaurants. Darden alleges violations of federal and state law and seeks injunctive relief, all profits and damages resulting from defendant’s infringing activities, treble damages, attorney’s fees, and costs.
A Kansas resident has filed a putative class action in state court against POM Wonderful, LLC, alleging that the company’s claims that its pomegranate products have special health benefits are false, deceptive and misleading. Haynes v. POM Wonderful, LLC, No. CV08720 (Kan. Dist. Ct., Johnson Cty., filed September 29, 2010). Seeking to certify a statewide class of consumers, the plaintiff refers to actions that advertising watchdogs and government agencies have taken against the company, including the recent Federal Trade Commission administrative complaint, after purportedly determining that the company does not have a sufficient scientific basis to make health-related representations about its products. The plaintiff alleges violations of the Kansas Consumer Protection Act and unjust enrichment and seeks damages in excess of $25,000, attorney’s fees and costs.
A number of Burger King Corp. franchisees in California have filed a complaint for declaratory relief in federal court, claiming that the company has no basis for demanding that they pay the cost of settlement or its attorney’s fees and costs in a recently settled disability discrimination lawsuit. Newport v. Burger King Corp., No. 10-4511 (N.D. Cal., filed October 5, 2010). They seek an order declaring that Burger King is not entitled to indemnification as well as attorney’s fees and costs. According to the complaint, Burger King has demanded indemnification for a settlement it reached over complaints that its restaurants were not accessible to the disabled. “If the Plaintiff franchisees do not pay BKC’s unfounded demand, BKC threatens to ‘terminate’ their franchise agreements, engage in self-help by withholding money owed to the franchisees, and/or otherwise retaliate against franchisees by preventing them from obtaining new restaurant opportunities or limiting to whom they…
