Mondelēz International reportedly intends to introduce “smart shelves” whose sensors first identify the age and gender of grocery shoppers and then deliver targeted ads via video display. “Knowing that a consumer is showing interest in the product gives us the opportunity to engage with them in real-time,” Mondelēz CIO Mark Dajani said in a recent Wall Street Journal article. Dajani noted that the smart shelves will respect consumers’ privacy because no photos, video or personal information will be captured. See Wall Street Journal, October 11, 2013.
Led by the Center for Digital Democracy (CDD), a coalition of public health, media, youth, and consumer advocacy groups has written a letter to the Federal Trade Commission (FTC), asking the agency to review Facebook’s recent decision to relax its privacy protections for teenage users. According to an October 20, 2013, press release, the letter raises concerns about the social networking site’s new terms of service agreement, which, among other things, apparently gives Facebook “permission to use, for commercial purposes, the name, profile picture, actions, and other information concerning its teen users.” It also objects to a new condition of service that asks 13-to-17-year-olds to “represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, profile picture, content, and information) on your behalf.” In particular, the coalition argues that these proposed changes “would expose…
Yale University’s Rudd Center for Food Policy and Obesity and the Robert Wood Johnson Foundation (RWJF) recently conducted a study concluding that “the majority of the food and beverage brands endorsed by professional athletes are for unhealthy products like sports beverages, soft drinks, and fast food.” Marie Bragg, et al., “Athlete Endorsements in Food Marketing,” Pediatrics, November 2013. Noting that previous research by public health advocates has criticized the use of athletes’ endorsements in food marketing campaigns for often promoting unhealthy food and sending mixed messages to youth about health, Rudd Center researchers state that theirs is the first study to examine the extent and reach of such marketing. The researchers reportedly selected 100 professional athletes for study based on Businessweek’s 2010 Power 100 report, which ranked athletes according to their endorsement value and prominence in their sport. Information about each athlete’s endorsements was gathered from the Power 100 list and…
Eric and Ryan Jensen, who own the Colorado cantaloupe farm linked to a deadly 2011 Listeria outbreak have reportedly indicated to a federal court that they intend to plead guilty to the criminal misdemeanor charges brought against them. Additional information about the charges appears in Issue 498 of this Update. The six misdemeanor charges of adulteration of a food and aiding and abetting carry potential jail terms of one year and a fine per charge of $250,000. The Food and Drug Administration and Centers for Disease Control and Prevention reportedly found that the brothers failed to adequately clean their cantaloupes after changing their produce-cleaning system and that their actions were responsible for the deaths of 33 consumers. See NBCNews.com, October 16, 2013.
Keep Food Legal, a Washington, D.C.-based non-profit, has filed a petition under the New York Freedom of Information Law (FOIL), seeking an order compelling the office of New York City Mayor Michael Bloomberg to respond to its allegedly unaddressed requests for “records and documents on various, proposed, or enjoined food-related regulations or policies to which the Mayor’s Office had some relationship, influence, or administrative role.” Keep Food Legal v. Office of the Mayor, No. ___ (N.Y. Sup. Ct., N.Y. Cty., filed October 4, 2013). The petition outlines the requests that it made under FOIL since July 2012 and alleges that the city failed to respond within statutory deadlines. According to Keep Food Legal’s Website, the materials sought relate to “the development of New York City’s most restrictive food laws and regulations, including the city’s trans fat ban; mandatory menu labeling law; restaurant letter grade system; ban on providing food meant for…
According to a news source, the New York Court of Appeals, the state’s highest court, has agreed to hear New York City’s appeal of a decision striking down a board of health rule that would have imposed caps on the size of sugar-sweetened beverages sold at certain venues. Details about the intermediate appellate court opinion affirming a lower court’s invalidation of the rule under separation-of-powers principles appear in Issue 492 of this Update. Mayor Michael Bloomberg responded to the court’s ruling by stating, “The related epidemics of obesity and diabetes are killing at least 5,000 New Yorkers a year and striking hardest in black and Latino communities and low-income neighborhoods. New York City’s portion cap rule would help save lives, and we are confident the appeals court will uphold the Board of Health’s rule.” The case is expected to be argued after January 1, 2014. See Law360, October 17, 2013.…
A California state court has denied the defendant’s request that it stay a case alleging that the company failed to warn consumers of the presence of lead in its snack bars in contravention of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Envtl. Research Ctr., Inc. v. Clif Bar & Co., No. 13-532935 (Cal. Super. Ct., San Francisco Cty., minutes entered October 16, 2013). Additional details about the suit appear in Issue 492 of this Update. Clif Bar & Co. sought the stay pending the outcome of an appeal from an August 2013 determination that Dole Food Co., Gerber Products Co. and other food makers were not required to warn consumers about lead occurring naturally in their products at levels lower than the state threshold. According to the company, it would waste time and money to proceed in a case that has already cost millions to…
The Judicial Panel on Multidistrict Litigation (JPML) has ordered the transfer of five cases brought by wheat farmers who allege economic injuries due to lower wheat prices, import restrictions and increased production costs after genetically engineered (GE) wheat was discovered in an Oregon farmer’s field; pretrial matters will be heard by a multidistrict litigation (MDL) court in Kansas. In re Monsanto Co. GE Wheat Litig., MDL No. 2473 (J.P.M.L., decided October 16, 2013). According to the court, the actions involve common questions of fact, and centralization in Kansas “will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. All actions share factual questions arising from Monsanto’s conduct with respect to the development and field testing of genetically-engineered [sic] ‘Roundup Ready’ wheat from 1998 through 2005, and the alleged discovery of the Roundup Ready herbicide-resistant gene in wheat plants on an Oregon…
A Florida resident has filed a complaint on behalf of a putative class against Anheuser-Busch Cos. (AB), claiming that since the company began producing Beck’s Beer in the United States in 2012, it has misled consumers into believing that the product is still imported from Germany where it was made with quality ingredients for more than 225 years. Marty v. Anheuser-Busch Cos., LLC, No. 13-23656 (S.D. Fla., filed October 9, 2013). According to the complaint, external packaging material does not indicate that the product is brewed in the United States with domestic ingredients, including Missouri River water. Rather, the external packaging for six- and 12-packs allegedly states that the product is “German Quality” beer “brewed under the German Purity Law of 1516” and that it “Originated in Bremen, Germany.” Individual bottles, however, state “in obscure white text on a silver background, ‘Product of USA—Brauerei Beck & Co.—St. Louis, MO.—12 FL. OZ.’”…
A federal court in California has denied the request of General Mills, Inc. to stay the proceedings in three putative class actions alleging that it misleads consumers by promoting various products as “100% Natural” given ingredients that are genetically modified or highly processed, such as high-fructose corn syrup, high-maltose corn syrup and maltodextrin. Rojas v. General Mills, Inc., No. 12-5099 (N.D. Cal., order entered October 9, 2013); Bohac v. General Mills, Inc., No. 12-5280, and Janney v. General Mills, Inc., No. 12-3919 (N.D. Cal., orders entered October 10, 2013). So ruling, the court rejected the defendant’s request that it apply the primary jurisdiction doctrine, finding that (i) the issue of whether a reasonable consumer would be misled by the company’s product promotions was within the court’s purview, and (ii) it did not appear the U.S. Food and Drug Administration was inclined to decide anytime soon what the term “natural” encompasses. In Rojas,…
