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“If there’s a nutrient it’s easy to overdose on, it’s folic acid,” writes Prevention columnist Laura Beil in this article citing research allegedly linking the synthetic form of B vitamin folate to colon, lung and prostate cancers. Beil reports that this nutrient is already a staple in most diets, partly because the government requires its inclusion in enriched grains such as white flour and white rice to reduce birth defects. Still, according to Beil, many food manufacturers have taken it further, “giving breakfast cereals, nutrition bars, and beverages a folic acid boost.” Noting that women are advised to get 400 micrograms (mcg) of folic acid daily, she registers concern that some consumers who take a multivitamin and eat breakfast are getting “a megadose before walking out the door.” Beil focuses on studies that have purportedly linked these high folic acid doses to an increase in hospitalization rates for colon cancer.…

British celebrity chef Jamie Oliver recently debuted his first American network TV show titled Food Revolution, a reality series that brings his penchant for school lunch reform and theatrical interventions to cafeterias and homes in Huntington, West Virginia. A health food evangelist, Oliver has drawn both praise and criticism in the United Kingdom for his efforts to harness government power and money for anti-obesity programs. But his latest incursion into American media has apparently attracted the ire of outlets as diverse as AlterNet and Reason, the latter of which has equated the show with several of the entrepreneur’s more “dubious endeavors.” According to Reason, Oliver received the 2010 TED Prize for his work as “a standard bearer in the fight against obesity” and hopes that Food Revolution will secure him an invitation from the White House to contribute to the nation’s childhood obesity initiative. “[It] would be a serious mistake to…

The Center for Science in the Public Interest (CSPI) is urging the Food and Drug Administration and state attorneys general to crack down on “slack fill” in food packages. Industry apparently defines slack fill as the difference between the capacity of a container and the volume of product inside. The federal government’s existing regulations are intended to restrict slack fill to situations in which some air in packaging actually helps protect the contents or where some product settling makes slack fill unavoidable. According to CSPI, excessive “nonfunctional” slack fill is illegal, and food manufacturers and their regulators don’t seem “overly concerned” with enforcing the regulations. “It would be disheartening, even shocking, if it weren’t so commonplace,” CSPI Executive Director Michael Jacobson was quoted as saying. “But as consumers, we’ve almost come to expect that our food packages will be half full of food and half full of air.” See CSPI…

Following a recent American Chemical Society (ACS) meeting at which scientists discussed how wines could be authenticated by measuring carbon isotopes, whose levels varied in the atmosphere during the years nuclear weapons were tested, a number of recent articles discuss the subject of food fraud. Said to affect some 5 to 7 percent of a range of foods from cheeses, fish, honey, and wine to expensive spices such as saffron, the problem has not apparently received the attention required from the Food and Drug Administration (FDA), due to its focus on more pressing food safety concerns and contamination outbreaks. A consultant studying the matter for the Grocery Manufacturers Association was quoted as saying, “[Food fraud is] growing very rapidly, and there’s more of it than you might think.” Not only shoppers are fooled by mislabeled foods; major companies have been stung as well. Information about major food manufacturers and retailers…

Comparing fast-food advertising icon Ronald McDonald to Joe Camel, Corporate Accountability International has initiated a campaign calling on McDonald’s Corp. to “Retire Ronald.” The campaign is based on a report, “Clowning with Kids’ Health,” that calls the character “the product of a well-orchestrated and shrewd marketing strategy” that targets those most vulnerable to food-industry marketing—children. The report traces the development of Ronald McDonald, now claimed to be as recognizable as Santa Claus, and notes how the character is even used on report cards in schools. Decrying the “unhealthy food” that the character promotes and the industrial supply chain fast food supports, the report calls on McDonald’s to stop using celebrities or cartoon characters to promote its products and urges individuals to support local efforts to remove food advertising from schools, libraries and playgrounds. Corporate Accountability International is a Boston-based corporate watchdog nonprofit whose advisory board includes nutrition professor Marion Nestle, public…

The Institute of Medicine (IOM) held an open session on April 9, 2010, to gather information on front-of-package (FOP) nutrition rating systems and symbols. Speakers included representatives from (i) the U.S. Food and Drug Administration (FDA) and U.K. Food Standards Agency, (ii) the American Heart Association, (iii) ConAgra Foods, the General Mills Bell Institute of Health & Nutrition and Unilever, and (iv) Texas A&M University, the University of Maryland, the University of Washington, and the Yale Prevention Research Center. In addition, New York University Professor Marion Nestle addressed concerns about nutrition rating systems and other perspectives on FOP labeling. According to SHB attorney Sarah Sunday, who attended the meeting, FDA provided an update on its continuing assessment of FOP labeling and indicated that after failing to release guidance as scheduled, the agency intends to complete its consumer research in May. But Nestle registered opposition to the adoption of any FOP…

Supervalu, Inc. has filed an antitrust action against a number of chocolate manufacturers, alleging that they conspired to fix chocolate candy prices and overcharged the plaintiff for these products from 2002 through 2008. Supervalu, Inc. v. The Hershey Co., No. 10-1354 (E.D. Pa., filed March 29, 2010). The complaint outlines the chocolate companies’ sales during the relevant time period and details the increases in prices charged for specific products despite a decrease or lack of change in the price for cocoa beans during the same period. The plaintiff also claims that the prices of sugar, milk and labor remained relatively stable throughout the period. Included in the complaint are allegations contained in affidavits filed in connection with an investigation into the companies’ conduct by the Canadian Competition Bureau. Seeking treble damages, declaratory and injunctive relief and attorney’s fees and costs, the plaintiff alleges a single count of conspiracy to fix prices under…

A federal court in Maryland has determined that it is not a convenient forum for the pursuit of claims by Chinese citizens seeking millions in compensation for the injuries allegedly caused by their children’s consumption of powdered milk formula and similar products tainted with melamine. Tang v. Synutra Int’l, Inc., No. 09-0088 (D. Md., decided March 29, 2010). The scandal led to a global recall of powdered milk products and resulted in the execution of several milk company officials found responsible for adding melamine to the products, purportedly to increase their protein content. The melamine allegedly caused the deaths of six infants and caused kidney stones and related injury to thousands of others. The government established a compensation program for affected families, but some sought increased damages in Chinese courts. The defendants filed a motion to dismiss on the ground of forum non conveniens, and the court discussed at length…

A California resident has filed a putative class action in federal court against Kellogg Co., alleging that the company misled consumers by claiming its snack products were healthy and nutritious and met “stringent food safety requirements,” when in fact they contained Salmonella-contaminated peanut paste supplied by the Peanut Corporation of America. Benavides v. Kellogg Co., No. 10-02294 (C.D. Cal., filed March 29, 2010). The Peanut Corp. Salmonella outbreak led to a massive recall of food products, including Kellogg’s Austin® and Keebler® branded sandwich crackers and cookies. The complaint alleges that Kellogg hired unqualified private inspectors to audit its suppliers’ manufacturing plants while claiming that its suppliers met Codex Alimentarius Commission standards. The plaintiff seeks to certify a nationwide class of consumers with alleged monetary injury. He alleges (i) unlawful business acts and practices in violation of California’s Sherman Food, Drug and Cosmetics Law and Consumer Legal Remedies Act; (ii) deceptive marketing and…

A meat manufacturer that recalled more than 1 million pounds of meat products linked to a Salmonella outbreak that purportedly sickened more than 250 consumers in 44 states has reportedly sued the companies that supplied the red and black pepper allegedly identified as the source of the contamination. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No. 10-155 (D.R.I., filed March 30, 2010). Seeking compensatory, punitive and exemplary damages, the plaintiff apparently alleges that it recalled more than 1.2 million pounds of meat, including salami, prosciutto and pancetta, refunded more than $1.5 million to customers, incurred transportation and shipping costs, and lost customers and future profits. The company reportedly purchased more than 50,000 pounds of pepper from one defendant and more than 40,000 pounds of pepper from the other in 2009. According to a news source, public health officials traced the Salmonella strain to the black and crushed red pepper…

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