The Federal Trade Commission (FTC) has announced a December 15, 2009, public forum titled “Sizing Up Food Marketing and Childhood Obesity,” which will include panels of industry representatives, federal regulators, consumer groups, scientific researchers, and legal scholars. The forum will address (i) the progress of self-regulatory initiatives, particularly the food and entertainment industries’ responses to the 2008 FTC report, “Marketing Foods to Children and Adolescents: A Review of Industry Expenditures, Activities, and Self-Regulation”; (ii) current research on the impact of food advertising on children; and (iii) the statutory and constitutional issues surrounding governmental regulation of food marketing. In addition, representatives from FTC, the Food and Drug Administration, Centers for Disease Control and Prevention, and the Department of Agriculture will report on the status of recommended nutritional standards for foods marketed to children. See FTC Press Release, September 29, 2009.
Category Archives Issue
A recent study has allegedly linked occupational exposure to bisphenol A (BPA) with high rates of impotence and sexual dysfunction among Chinese men. D. Li, et al., “Occupational Exposure to Bisphenol-A (BPA) and the Risk of Self-Reported Male Sexual Dysfunction,” Human Reproduction, 2009. U.S. and Chinese researchers apparently examined 634 male workers exposed to BPA levels approximately 50 times higher than those encountered by the average American. According to the study, “compared with the unexposed workers, BPA-exposed workers reported significantly higher frequencies of reduced sexual function within 1 year of employment in the BPA-exposed factories.” In addition, the authors observed a “dose-response relationship… with an increasing level of cumulative BPA exposure associated with a higher risk of sexual dysfunction.” The researchers have since defended their results against feedback questioning the study’s relevance to the typical consumer. “Critics dismissed all the animal studies, saying ‘Show us the human studies,” stated one…
The Canadian Heart and Stroke Foundation’s Health Check™ program has reportedly revised its front-of-package (FOP) labeling scheme to better reflect current nutritional guidelines. Similar to the Smart Choices® system recently discontinued in the United States, Health Check allows subscribing manufacturers to use its FOP logo on products that meet specific nutritional requirements. Partly in response to criticism leveled at its U.S. counterpart, the non-profit organization has announced plans to disqualify any cookies, puddings, snack foods, flans, or frozen dairy, soy or tofu desserts from entering the program after December 28, 2009. Health Check has also set new salt, sugar and fat limits for endorsed products, stipulating that trans fat cannot comprise more than 5 percent of the total fat content. In addition, soups in the restaurant program must reduce sodium levels to 480 mg per 250 mL by November 1, 2010. “The Health Check nutrient criteria developed by the Heart…
An Environmental Health News (EHN) special report has allegedly identified significant lead levels in aged balsamic and other red wine vinegars, noting that “some vinegars had 8-9 times more lead than recommended” by California’s Proposition 65 regulations. The Environmental Health Sciences Foundation purportedly tested a range of domestic and imported vinegars sold in California in 2002, claiming that “for three imported varieties… people who eat one tablespoon per day would be exposed to seven to 10 times the maximum daily level of lead set by California.” Likewise, according to EHN, “eating one tablespoon a day of some balsamic or red wine vinegars can raise a young child’s lead level by more than 30 percent.” Although EHN noted that lead levels in vinegar can “vary widely,” it suggested that “aged varieties produced by the traditional method, which involved concentration in wood barrels for at least 12 years, have the highest levels.”…
The American Cancer Society has released a position paper, “American Cancer Society Perspectives on Environmental Factors and Cancer,” discussing human exposures to carcinogens, including those in food. The paper calls for additional resources to (i) “accelerate testing of new and existing chemicals for potential carcinogenicity,” (ii) “monitor the bioaccumulation of chemicals in humans and in the food chain,” and (iii) “monitor and evaluate trends in cancers for which incidence is increasing.” Among the positions the society takes on cancer prevention is that “decisions regarding prevention must inevitably be made in the face of accruing but still incomplete evidence.” While the paper acknowledges that environmental exposures to carcinogens are generally minimal, its authors contend, “there is reason to be concerned about low-level exposures to carcinogenic pollutants because of the multiplicity of substances, the involuntary nature of many exposures, and the potential that even low-level exposures contribute to the cancer burden when…
ConAgra Foods, Inc. has asked a multidistrict litigation (MDL) court to sever and transfer the claims of some of the plaintiffs who filed a lawsuit in October 2009 against the company arising out of the purported Salmonella contamination of its peanut butter. In re: ConAgra Peanut Butter Prods. Liab. Litig., MDL No. 1845 (N.D. Ga., motion filed November 10, 2009). The company has also asked the court to dismiss the plaintiffs’ claims for punitive damages, arguing that they have not been sufficiently plead under the new plausibility standard of Ashcroft v. Iqbal, 129 U.S. 1937 (2009). According to ConAgra’s motion, this lawsuit involves five plaintiffs from four different states, raising serious questions of judicial economy and juror confusion, given that evidence is located in four different states and the legal standards of four different states would have to be applied to the claims. The plaintiffs filed their lawsuit in the same…
According to a news source, a New Jersey court has dismissed fraud-related claims filed against Denny’s Corp. alleging that the company failed to disclose the amount of sodium in its menu items. DeBenedetto v. Denny’s Corp., No. __ (N.J. Super. Ct., dismissed November 10, 2009). Additional details about the litigation appear in issue 312 of this Update. The company reportedly indicated in a statement that the suit was dismissed because the plaintiff failed to and could not establish a physical injury under state product liability law. The named plaintiff in this putative class action reportedly alleged that he had consumed Denny’s foods for more than 20 years and was shocked when he learned how much sodium was in his favorite menu items. While he did not allege any link between the company’s foods and his alleged high blood pressure, the plaintiff claimed that he would not have selected the high-sodium…
A U.S. attorney in Maryland has filed a complaint for injunction against a dairy operation and its owner seeking to stop their alleged long-term misuse of antibiotics in animals that were sold for consumption. United States v. Old Carolina Farm, No. __ (D. Md., filed November 3, 2009). According to the complaint, U.S. Department of Agriculture, Food and Drug Administration and Maryland Department of Agriculture investigations since the mid-1990s showed that drug residues in the tissues of animals the defendants sold exceeded established limits for a number of antibiotics. Contending that consumers of such meats “may experience severe allergic reactions” or develop “antibiotic-resistant strains of bacteria,” the complaint alleges that the dairy’s owner ran afoul of the law essentially because he failed and refused to maintain treatment or drug inventory records. The U.S. government seeks permanent injunctive relief to stop the dairy from introducing adulterated food into interstate commerce and from…
An Illinois consumer has filed a putative class action against two food companies in federal court, alleging that they fail to disclose that their high-fiber snacks contain a non-natural fiber derived from chicory root which is purportedly not as effective as natural fiber and can cause harm to some individuals. Turek v. General Mills, Inc., No. 09-7038 (N.D. Ill, filed November 9, 2009). The complaint specifically targets General Mills’ Fiber One Chewy Bars® and Fiber One NonFat Yogurt®, as well as the Fiber Plus Antioxidants Chewy Bars® made by Kellogg Co. The named plaintiff seeks to certify a class of Illinois residents who purchased these products and alleges violations of the Illinois Consumer Fraud and Deceptive Practices Act. She seeks an order (i) requiring the disclosure of all information in the companies’ possession about the “purported health benefits or non-benefits” of the companies’ products and ingredients, (ii) barring the companies…
A Jewish California resident who follows kosher practices has filed a putative class action on behalf of Hari Krishnas, Hindus, Jains, Buddhists, Taoists, Sikhs, Muslims and Jews against Panda Express, Inc., claiming that the restaurant chain fails to disclose that its vegetable menu items are actually made with significant amounts of chicken stock. Adelpour v. Panda Express, Inc., No. BC425869 (Cal. Super. Ct., Los Angeles Cty., filed November 12, 2009). The plaintiff alleges that the company does not state in its restaurants, promotional materials or online that its vegetable dishes, such as “Mixed Veggies,” “Eggplant Tofu,” “Chow Mein,” and “Fried Rice,” are prepared with chicken stock and that she was led to believe that these dishes were vegetarian. She also alleges that she was “explicitly informed” by company servers or shift supervisors that such menu items were vegetarian. The named plaintiff seeks to certify a class of “All California residents…
