According to a news source, nine families whose babies developed kidney problems allegedly as a result of drinking milk tainted with melamine have filed individual lawsuits against the Sanlu Group, one of China’s largest milk companies. Each child developed kidney stones, and six reportedly remain hospitalized. The families are seeking the equivalent of US$2,000 for each child as compensation. Even though the families live in different provinces, the lawsuits were all filed in the northern city of Shijiazhuang, where the company is based. No judge has yet agreed to hear any of the milk cases in court, and a number of lawyers have apparently been pressured by government officials not to represent families seeking damages. See The New York Times, October 31, 2008.
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A California appeals court has determined that a misreading of prior case law led a trial court judge to erroneously overturn a jury verdict in favor of a plaintiff who alleged that she was made ill from exposure to campylobacter at defendant’s restaurant. Sarti v. Salt Creek Ltd., No. G037818 (Cal. Ct. App., 4th App. Dist., Div. 3, decided October 27, 2008). So ruling, the court reinstated $725,000 in economic damages and $2.5 million in noneconomic damages and allowed the plaintiff to recover her costs on appeal. The trial court granted the defendant’s motion for judgment notwithstanding the verdict, after determining, under a heightened causation standard, that reasonable inferences alone cannot prove a food poisoning case. The appeals court exhaustively analyzes the court’s reasoning in Minder v. Cielito Lindo Restaurant, 67 Cal.App.3d 1003 (1977), and shows how the court in that case misread prior case law “to preclude the use…
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has scheduled a workshop for December 12, 2008, to discuss possible regulatory language that would apply to foods or crops with added nutrients that exceed levels considered safe under Proposition 65. According to OEHHA’s notice, “this set of regulations, if adopted, will only apply to chemicals that are already on the Proposition 65 list, or that are added to the list in the future. The exposure level established in these potential regulations for a listed chemical would not limit the amount of the chemical that can be added to any particular product and would not restrict the sale or availability of any food product or supplement. Instead, these levels could be used by businesses subject to the [Safe Drinking Water and Toxic Enforcement] Act to determine when a warning is required for an exposure to the listed chemicals in question in a food…
The USDA has issued a proposed rule that will amend the livestock provisions of the National Organic Program by providing greater detail about pasture and ruminant animals and “clarify the replacement animal provision for dairy animals.” Comments must be submitted on or before December 23, 2008. The Federal Register notice provides a history of the rule’s development and summarizes the content of the thousands of comments the agency received on an advanced notice of proposed rulemaking published in 2006. According to the agency, “[s]upport for strict standards and greater detail on the role of pasture in organic livestock production was nearly unanimous with just 28 of the over 80,500 comments opposing changes to the pasture requirements.” Among the changes are (i) defining “crop” to include pastures, sod and cover crops; (ii) defining “livestock” as “Any bee, cattle, sheep, goats, swine, poultry, equine animals used for food or in the production…
Whole Foods Market, Inc., which is currently litigating the FTC’s challenge to its merger with Wild Oats Markets, has submitted comments on the commission’s proposed merger rule changes and is urging others to join its “Ad Hoc Committee for FTC Fair Play” to do so as well. Apparently, the FTC will allow comments for only 30 days, which Whole Foods characterizes as “unusually short,” and has proposed (i) setting evidentiary hearings five months from the date of the complaint in merger cases, regardless of complexity, (ii) giving the commission the authority to decide “all dispositive pre-hearing motions,” (iii) giving the commission or an individual commissioner the authority to preside over discovery, and (iv) providing that “the norm should be that the Part 3 case can proceed even if a [federal] court denies preliminary relief.” Whole Foods contends, “The proposed regulatory changes collectively will create an antitrust double standard by exacerbating…
Pediatric urologists and nephrologists across the United States have reportedly noted an increase in the number of kidney stones diagnosed in children. An ailment commonly associated with middle-aged men, kidney stones are typically formed when “oxalate, a byproduct of certain foods, binds to calcium in the urine,” according to an October 29,2008, New York Times article, which stated that “the two biggest risk factors for this binding process are not drinking enough fluids and eating too much salt.” The article also cited “evidence that sucrose, found in sodas, can also increase risk of stones, as can high-protein weight-loss diets, which are growing in popularity among teenagers.” The incidence of kidney stones has also purportedly risen in women and young adults in their 20s and 30s. Physicians told New York Times reporter Laurie Tarkan that childhood obesity and a diet high in salt are the most likely culprits behind the new cases.…
According to researchers in Australia and the United States, those who persistently eat red meat may be more susceptible to E. coli infection. Apparently, the meat contains sugar molecules, Neu5Gc, that accumulate in cells lining the intestines and blood vessels and act as a “magnet” for E. coli toxins. The scientists reportedly tested the affinity of the bacteria for Neu5Gc in a lab dish and noted, “The human samples showed the presence of the Neu5Gc toxin binding sites in the gut and the kidney, the two target organs for the disease.” Then, they confirmed the results with genetically modified mice that have the gene which produces Neu5Gc suppressed. The research appears in Nature, but was not available when the Update was prepared. See The Australian, October 30, 2008.
Inquirer staff writer Faye Flam begins her piece on phthalates and possible human health effects by reporting that a Philadelphia surgeon is seeing double the number of baby boys, since he started practice 30 years ago, in need of repairs to their genitalia. Surgeon Howard Snyder hypothesizes that some of them have been exposed to phthalates in the womb. These “hormone-disrupting chemicals” are, according to Flam, found in everything from perfumes, hand and body lotions, nail polishes, deodorants, shower curtains, and children’s toys to IV tubing in hospitals. Phthalates apparently “interfere with the synthesis of testosterone,” and a study conducted by a University of Rochester researcher involving 134 boys born to women tested for compounds metabolized from phthalates showed that “boys whose mothers were most exposed to certain phthalates were more likely to have undescended testicles and to have smaller penises.” Chemistry trade groups reportedly challenge such research, saying the…
According to a news source, the Chinese press is reporting that melamine is commonly used in animal feed “to reduce product costs while maintaining protein count for quality inspections.” The Nanfang Daily apparently calls the practice an “open secret” in the industry. Unnamed industry analysts reportedly said that such news reports constitute “an unusual departure for Chinese officials” and amount to a tacit admission that the scandal, which has affected a range of food products in recent months from milk to eggs, could affect even more parts of the food supply chain. U.S. food safety officials reportedly indicated some months ago that melamine detected in livestock feed did not pose a threat to human health. Details about their conclusions appear in issue 213 of this Update. See BBC News, October 31, 2008.
The Australian Food and Grocery Council (AFGC) recently released a Responsible Children’s Marketing Initiative in response to “community concerns about food and beverage advertising during children’s television programs.” AFGC developed the initiative after the Australian Communications and Media Authority (ACMA) published its draft Children’s Television Standards 2008, which did not recommend further government regulation of food and beverage advertising. In agreement with these preliminary findings, AFGC nevertheless stated that industry “is still keen to address community concerns regarding advertising to children.” The initiative covers advertising on free-to-air television, pay television and the Internet; the use of licensed characters; and promotions in children’s publications. Companies that publicly commit to the program must institute an action plan focused on six core areas: (i) advertising messaging; (ii) the use of popular personalities and licensed characters; (iii) product placement; (iv) the use of products in interactive games; (v) advertising in schools; and (vi) the…
