The American Academy of Pediatrics (AAP) recently issued a policy statement calling on doctors to review patient media use and work with parents to scale back their children’s “entertainment screen time.” The latest in an ongoing series of policy statements addressing media violence, infant media use, and obesity and the media, AAP’s recommendations include encouraging parents to (i) “limit the amount of total entertainment screen time to <1 to 2 hours per day,” (ii) “discourage screen media exposure for children <2 years of age,” (iii) “keep the TV set and Internet-connected electronic devices out of the child’s bedroom,” and (iv) “monitor what media their children are using and accessing, including any Web sites they are visiting and social media sites they may be using.” In addition, AAP has requested that physicians “ask two media questions and provide age-appropriate counseling for families at every well-child visit: How much recreational screen time…
The grandmother of a 33-year-old who allegedly died from cardiac arrest after ingesting a Red Bull “energy drink” while playing basketball has filed a survival and wrongful death action against the company. Terry v. Red Bull N. Am., Inc., No. 506504/2013 (N.Y. Sup. Ct., Kings Cty., filed October 24, 2013). The complaint recites a number of adverse incidents around the world since 2000 allegedly linked to consumption of the product and cites studies indicating that its use can produce symptoms associated with cardiovascular disease. Claiming that the product proximately caused the decedent’s death, the plaintiff alleges strict liability (design defect and failure to warn); negligence (design, manufacture and sale, and failure to warn); fraud; breach of implied warranties; punitive damages for the willful, wanton and malicious production of a beverage with “dangerous levels of caffeine and other stimulants”; and wrongful death. She seeks $5 million for each cause of action…
For the second time in a month, attorneys with three Florida law firms have filed litigation on behalf of state consumers alleging that Anheuser-Busch Cos. (AB) sells a formerly imported beer “in a way that misleads consumers into believing that Kirin beer is still made in and imported from Japan, and accordingly sell[s] Kirin beer at prices substantially higher than those of domestic beer.” Suarez v. Anheuser Busch Cos., LLC, No. ___ (Fla. Cir. Ct., Miami-Dade Cty., filed October 25, 2013). Information about the Beck’s beer litigation, asserting virtually identical claims on behalf of a putative nationwide class against AB in federal court, appears in Issue 500 of this Update. Brought in the names of just two consumers, the Kirin beer litigation notes that external, six-pack, bottled beer packaging fails to state that the product “is brewed in the U.S.A. with domestic ingredients. In fact, the packaging for Kirin Beer…
Telling counsel for Irwindale, California, that it was “asking for a very radical order on 24-hour notice,” a superior court has reportedly denied the city’s request that the maker of an Asian hot sauce cease production until purportedly aggressive odors can be reduced. Irwindale v. Huy Fong Foods, No. ___ (Cal. Super. Ct., Los Angeles Cty., filed October 28, 2013). A hearing on the city’s motion for preliminary injunction has been scheduled for November 22, 2013. According to news sources, Huy Fong Foods, which makes a popular Sriracha chili sauce, opened its Irwindale plant in 2012 when its Rosemead facility could not keep up with demand. Irwindale residents began complaining of pungent pepper and garlic fumes, burning eyes, irritated throats and headaches, especially when the company crushes the peppers. The city cited the company in October 2013 for violation of an ordinance forbidding noxious manufacturing emissions and filed suit after…
A federal court in California has given final approval to the settlement of a wage-and-hour class action against Starbucks Corp., including less than half of what plaintiffs’ counsel originally requested as attorney’s fees. York v. Starbucks Corp., No. 08-7919 (C.D. Cal., decided October 29, 2013). Starbucks apparently objected to the request for nearly $4.5 million, excluding nearly $250,000 in unreimbursed costs, characterizing it as “astonishing.” Thereafter, the parties agreed to attorney’s fees and costs of $1.9 million, and the court found the request reasonable. Under the agreement, 14,800 employees will receive payments of up to $900, for a total of $3 million, for alleged denial of statutorily mandated meal breaks and wage statements that failed to list the applicable overtime rate in violation of the California Labor Code. See Law360, October 28, 2013.
A federal court in California has significantly narrowed the consumer-fraud claims that may be asserted against Frito-Lay involving a number of its snack products labeled as “All Natural,” “0 Grams Trans Fat” and “No MSG.” Wilson v. Frito-Lay N. Am., Inc., No. 12-1586 (N.D. Cal., order entered October 24, 2013). All claims dismissed were with prejudice. The court dismissed claims based on products the plaintiffs did not purchase, because they failed to specify how or whether the 85 products added in their second amended complaint were substantially similar to the purchased products. The court also dismissed any claims based on statements the company made on its website. According to the court, the Food and Drug Administration (FDA) may have warned other companies about whether their Websites constituted labeling, but it had not done so as to the defendant’s products. The court also said, “The website address appears below Defendant’s physical address,…
Mexican lawmakers have reportedly approved a 1 peso-per-liter tax (US 23 cents) on sugar-sweetened beverages (SSBs) and an 8 percent tax on junk food. The controversial legislation, which aims to curb rising obesity levels, was approved in a 73-50 vote and is expected to take effect January 1, 2014. According to news sources, Mexico, whose obesity and diabetes rates surpass those of the United States, will be the first major market to tax SSBs, following a handful of other Latin American and European countries. Mexicans reportedly consume more than 700 8-ounce servings of SSBs annually. More details about the legislation appear in Issue 501 of this Update.
The U.S. Food and Drug Administration (FDA) has issued a statement cautioning people older than age 40 about eating too much black licorice—2 ounces per day for two weeks. FDA experts explain that black licorice contains glycyrrhizin, a sweetening compound that can cause the body’s potassium levels to plummet, leading to an irregular heart rhythm, high blood pressure, edema, lethargy, and possibly heart failure, said FDA. The agency also warned that black licorice can interact negatively with some medications and supplements. According to FDA Director of Cosmetics and Colors Linda Katz, potassium levels are usually restored with no permanent health problems when black licorice consumption stops.
The U.S. Food and Drug Administration (FDA) has released a draft of its spice risk report, which calls attention to the most common microbial hazards and filth in imported spices, along with possible sources of contamination. The report, “Pathogens and Filth in Spices,” also evaluates current mitigation techniques, recommends options and identifies research needs and data gaps. According to FDA, a notice about the report will be published in the November 4, 2013, Federal Register. Calling the findings a “wake-up call” to spice producers, FDA revealed that of the products tested between 2007 and 2010, (i) spices are twice as likely to be contaminated as other types of imported food; (ii) 12 percent of spices imported into the United States were contaminated with insect parts, excrement, rodent hair and other materials; (iii) 7 percent of the shipments contained Salmonella; and (iv) spices imported from Mexico and India apparently have the highest rate of contamination.…
The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would establish current good manufacturing practice (CGMP), hazard analysis and risk-based preventative controls for animal food. According to an October 29, 2013, Federal Register notice, FDA is taking this action to provide greater assurance that animal food is safe and will not cause illness or injury to animals or humans and is intended to build an animal food safety system for the future that makes modern, science and risk-based preventive controls the norm across all sectors of the animal food system.” Billed as “part of the Food Safety Modernization Act’s larger effort to modernize the food safety system for the 21st century,” the proposed rule would require domestic and foreign animal-food manufacturing facilities registered under the Federal Food, Drug, and Cosmetic Act to develop a formal plan to prevent foodborne illness as well as respond to “any…
