The Humane Society of the United States (HSUS) has reportedly purchased stock in Jack in the Box Inc. and Steak n’ Shake Co. in an effort to persuade each restaurant chain “to implement the types of basic animal welfare changes many of its competitors have made.” The activist group has criticized both companies for allegedly using “eggs from caged hens, pork from crated pigs, and poultry from producers that use a particularly cruel but standard method of slaughter.” HSUS has purportedly employed similar tactics to influence other establishments, in addition to supporting legislation in Michigan and California that phases out “extreme confinement of certain farm animals.” One HSUS spokesperson also stated that these production methods are at odds with “public opposition to farm animal abuse,” opining that Jack in the Box’s “history with food safety” should make “improving conditions on the factory farm . . . a top priority.” See…
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A federal multidistrict litigation (MDL) court in Missouri has issued an order and opinion disposing of defendants’ motion that it reconsider its prior rulings refusing to dismiss some of the bisphenol A-related claims in the case on the basis of federal preemption and primary jurisdiction. In re: Bisphenol-A (BPA) Polycarbonate Plastic Prods. Liab. Litig., MDL No. 1967 (W.D. Mo., decided January 19, 2010). Details about the court’s prior ruling appear in issue 327 of this Update. The court also denied defendants’ motion to certify the issues for immediate interlocutory appeal. In its opinion, the court clarifies its holding allowing plaintiffs to proceed with their unjust enrichment claims, acknowledging that its prior holding may not have been clear. “The Court did not intend to suggest that all Plaintiffs automatically and necessarily have a valid claim for unjust enrichment. . . . [T]he Court cannot conclude that no purchaser can assert a claim…
A federal court in the District of Columbia has remanded to the D.C. Superior Court a lawsuit brought by the National Consumers League (NCL) against General Mills alleging that the company falsely misrepresents that Cheerios® “has drug-quality properties that would reduce total and ‘bad’ cholesterol levels when eaten.” Nat’l Consumers League v. General Mills, Inc., No. 09-01881 (D.D.C., decided January 15, 2010). The cereal maker removed the case to federal court claiming that it was removable either as a class action under the Class Action Fairness Act (CAFA) or under the court’s diversity jurisdiction. The NCL disclaimed Article III standing because it did not sustain any injury in fact, but was instead bringing the suit under the “private attorney general” provision of the D.C. Consumer Protection Procedures Act. This provision allows a person to bring an action on behalf of the general public to seek relief “from the use by…
The U.S. Supreme Court has agreed to hear an appeal from a Ninth Circuit Court of Appeals decision enjoining the sale and planting of genetically modified (GM) alfalfa seed until the government completes an environmental impact statement (EIS) for the crop’s proposed delisting. Monsanto Co. v. Geertson Seed Farms, No. 09-475 (U.S., certiorari granted January 15, 2010) (Breyer, J., not participating). The parties’ briefs must be filed in February and March 2010. The questions before the Court are (i) “Did the Ninth Circuit err in holding that NEPA [National Environmental Policy Act] plaintiffs are specially exempt from the requirement of showing a likelihood of irreparable harm to obtain an injunction?”; (ii) “Did the Ninth Circuit err in holding that a district court may enter an injunction sought to remedy a NEPA violation without conducting an evidentiary hearing sought by a party to resolve genuinely disputed facts directly relevant to the…
New York Governor David Paterson (D) has released a 2010-11 executive budget proposal that calls for “a new excise tax of approximately one penny per ounce on sugared beverages linked to obesity ($465 million).” According to the proposal, which claims that obesity-related disease costs the state’s health care system $7.6 billion annually, the so-called soda tax “will discourage consumption of those unhealthy products and improve long-term health outcomes.” The legislature has until April 1, 2010, to enact a budget for the upcoming fiscal year. Past efforts to institute a levy on sugar-sweetened beverages have met with opposition. “[Paterson] has proposed a soda tax before, then caved, after orchestrated industry protests across the state,” noted a January 19 New York Times editorial that urged the governor to “resist and keep the tax.” In addition, the Center for Science in the Public Interest (CSPI) has praised the initiative, deeming it a “courageous…
New Jersey Governor Jon Corzine (D) has reportedly signed a bill (S. 2905/A. 4236) that requires major restaurant chains doing business in the state to fully disclose calorie information on menu items. Franchises with more than 20 locations nationally must post calorie counts next to each item on the menu, as well as on drive-through and indoor menu boards. “One of the best ways to improve our health and well being is to deal directly with obesity and proper eating,” Corzine said. “This legislation is a clear step in that direction, as it will allow New Jerseyans to know the calorie content of the food they are eating at these establishments.” See NewJerseyNewsroom.com, January 18, 2010.
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment period for its food warning regulations until March 1, 2010. The latest proposal is to establish a pilot program that would impose Proposition 65 (Prop. 65) warning obligations on food manufacturers and retailers to inform consumers about the presence of food ingredients known to the state to cause cancer or reproductive harm. Additional information about the pilot program appears in issue 331 of this Update. The program, which would expire in four to five years, would allow the agency to test its assumptions about levels of participation and coverage. See News from OEHHA, January 21, 2010.
The U.S. Preventive Services Task Force (USPSTF) has issued a recommendation statement advising clinicians to screen children ages 6 and older for obesity and to refer them for intensive counseling and behavior treatment if warranted. USPSTF bases its guidance “on a systematic review of the evidence of the benefits and harms and an assessment of the net benefit of the service.” In an update to its 2005 guidelines for screening children and adolescents, USPSTF reportedly claims that treating obese kids can help them lose weight only if rigorous diet, activity and behavior counseling are involved. According to its latest study, the expert panel found “adequate evidence that multicomponent, moderate- to high-intensity behavioral interventions” for obese children can “effectively yield short-term (up to 12 months) improvements in weight status.” As USPSTF Chair Ned Calonge told a news source, the group realizes that most pediatricians are not equipped to offer the necessary treatment…
The Occupational Safety and Health Administration (OSHA) has published a notice scheduling a public meeting February 10, 2010, in Washington, D.C., to consider a range of issues relating to workplace safety. According to the notice, OSHA will also establish a public docket as part of this initiative, which is “in keeping” with a presidential memorandum and Office of Management and Budget directive to give the public more opportunities to participate in regulatory decisions and developments. Among other matters, the agency seeks input on “the most important emerging or unaddressed health and safety issues in the workplace,” what the agency can do to “enhance the voice of workers in the workplace,” whether OSHA needs to take additional measures to improve its compliance assistance efforts for the benefit of small businesses, and how the agency can better “reach high risk employees and employers with training, education and outreach.” Those planning to attend…
After the Congressional Research Service (CRS) questioned the validity of agency regulations that had not been submitted as required by law to Congress and the Government Accountability Office (GAO), the Center for Regulatory Effectiveness wrote to House and Senate leaders asking Congress to advise the Environmental Protection Agency (EPA) that its endocrine disruptor screening program “is not in effect” until the required notice is provided. More information about the CRS report appears in issue 332 of this Update. According to a news source, EPA’s program, mandated under the Food Quality Protection Act, was designed to identify pesticides that might cause adverse effects on human health and the environment. The center, a business-backed think tank, cited the CRS report in making its case to nullify the program. An EPA spokesperson reportedly responded that its action describing the agency’s endocrine disruptor policies and procedures and announcing the list of chemicals to receive testing…
