The Food and Drug Administration (FDA) has extended until December 16, 2013, the period for submission of comments, scientific data and other information related to its risk assessment of human salmonellosis associated with the consumption of tree nuts. Originally published in the July 18 Federal Register, the assessment seeks to quantify the public health risk associated with eating tree nuts potentially contaminated with Salmonella and evaluate the impact of interventions to prevent contamination with the bacterium or to reduce contamination levels. Additional information about the risk assessment appears in Issue 491 of this Update. See Federal Register, October 4, 2013.
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a final rule addressing the recommendations submitted by the National Organic Standards Board (NOSB) as part of the 2013 sunset review of substances on USDA’s National List of Allowed and Prohibited Substances (the National List), which governs the use of synthetic and non-synthetic substances in organic crop and livestock production and handling. In addition to renewing for five years multiple exemptions (uses) and one prohibition on the National List in accordance with NOSB’s recommendations, AMS has removed an exemption for the synthetic form of tartaric acid made from malic acid, thus prohibiting its use in organic handling. Effective November 3, 2013, the final rule also includes the agency’s response to comments on the renewals of two synthetic substances—EPA List 3 Inerts and cellulose—and one non-synthetic substance—carrageenan—that are currently permitted in organic crop production, handling and processing. In particular,…
A recent study has reportedly claimed that diets high in calories and animal fat are associated with increased rates of Alzheimer’s disease (AD) in Japan and eight other countries. William Grant, “Trends in Diet and Alzheimer’s Disease During the Nutrition Transition in Japan and Developing Counties,” Journal of Alzheimer’s Disease, September 2013. Using nutrition data supplied by the U.N. Food and Agriculture Organization, Sunlight, Nutrition and Health Research Center Director William Grant compared AD trends in Japan with changes in national dietary supply factors, alcohol consumption and lung cancer mortality rates over 25 years, in addition to comparing AD trends in eight developing countries with changes in national dietary supply factors over the same time period. The results evidently showed that in Japan, “alcohol consumption, animal product, meat and rice supply, and lung cancer rates correlated highly with AD prevalence data, with the strongest correlation for a lag of 15-25…
Tufts University researchers who recently published a study in Environmental Health Perspectives linking bisphenol A (BPA) to mammary gland cancer in rats have walked back their claims after Forbes reported that the statistical data cited in the results “clearly showed BPA had no effects and did not cause cancer.” Nicole Acevedo, et al., “Perinatally Administered Bisphenol A as a Potential Mammary Gland Carcinogen in Rats,” Environmental Health Perspectives, September 2013. When first published ahead of print, the study in question apparently concluded that “developmental exposure to environmentally relevant levels of BPA during gestation and lactation induces mammary gland neoplasms in the absence of any additional carcinogenic treatment.” The researchers also noted that human-relevant doses of BPA “led to the induction of malignant mammary gland tumors and other lesions in adult female rats.” But Forbes, after consulting with experts at the Bioinformatics at the National Institute of Statistical Science, argued that the…
A recent article detailing the history of food addiction studies has claimed that foods dense in fat and sugar can override our appetite suppressing hormones, activate our neurological reward systems and prompt us to continue eating past the point of satiety. Paul Kenny, “Is obesity an addiction?,” Scientific American, September 2013. According to author Paul Kenny, a neuroscientist with The Scripps Research Institute, obesity in some cases may be caused “by hedonic overeating that hijacks the brain’s reward networks,” thus creating “a feedback loop in the brain’s reward centers—the more you consume, the more you crave, and the harder it is for you to satisfy that craving.” Asking whether this cycle of hedonistic overeating constitutes an addiction, Kenny not only describes several studies that seem to highlight the similarities between drug addiction and obesity, but also explains important differences between the two conditions. In particular, he notes that “research overall indicates…
Credit Suisse’s Research Institute has issued a September 2013 report titled Sugar Consumption at a Crossroads that examines the world sweetener market as well as the latest research on the health effects of sugar and high-fructose corn syrup (HFCS). Noting that soft drinks have drawn the most attention from legislators, regulators and consumer groups, the report summarizes the medical consensus on the role of increased sugar consumption in chronic disease and chronicles those issues still open for debate. The report also describes how the increased focus on the health effects of excess sugar consumption will affect food and beverage companies, the sugar industry as a whole, individual producers of artificial and natural sweeteners, and the health care industry. In particular, Credit Suisse expects companies in the beverage industry “to react to the growing public concern and the threat of taxes on sugary drinks by moving as fast as they can to…
Tel Aviv University Senior Law Lecturer Avihay Dorfman explores the theoretical underpinnings of assumption of the risk as a tort defense and illustrates its nuances in the context of obesity. “Assumption of the Risk, After All,” Theoretical Inquiries in Law (forthcoming 2013). Observing that any hostility toward the doctrine stems from the perception that it has a libertarian basis, the author develops a liberal egalitarian account, “arguing that the fact of making a choice (to assume a given risk) is not sufficient to justify the shifting of responsibility from the negligent injurer to the choosing victim. For it is also necessary that the latter must be acting under conditions that render this shifting fair.” In the case of an obese individual residing in a “food desert” where “junk food” is the only food readily available at an affordable price, Dorfman contends that it would not be fair to attribute responsibility for…
On behalf of current and former Benihana chefs, a former chef has filed an action under the Fair Labor Standards Act (FLSA) alleging that the company forced chefs to work off the clock without compensation, illegally deducted from the chefs’ tips to provide tips to employees not entitled to share them and harassed or fired the chefs if they complained about the practices. Kim v. Benihana Nat’l Corp., No. 13-62061 (S.D. Fla., filed September 20, 2013). Alleging unpaid overtime or minimum wages in the alternative, illegal tip deductions and retaliation, the plaintiff seeks an order requiring notice to all Benihana chefs, declaratory relief, damages, interest, attorney’s fees, and costs.
A California resident has filed a putative class action on behalf of statewide and nationwide classes alleging that Safeway, Inc. labels and promotes its Open Nature waffle products as “100% Natural” while using the synthetic chemical preservative, alternatively referred to as sodium acid pyrophosphate and disodium dihydrogen pyrophosphate, as an ingredient. Richards v. Safeway, Inc., No. 13-4317 (N.D. Cal., filed September 18, 2013). According to the plaintiff, the chemical “has various applications—from its use in leather treatment to remove iron stains on hides during processing, to stabilizing hydrogen peroxide solutions against reduction, to facilitating hair removal in hog slaughter, to feather removal from birds in poultry slaughter, to use in petroleum production.” According to the plaintiff, the ingredient is not listed on the front of the package with the other ingredients. Claiming that he relied on the company’s “100% Natural” claims in purchasing products for which he paid a premium, the…
California residents have filed a putative nationwide class action against Late July Snacks LLC, alleging that the company’s snack products are misbranded because they include “organic evaporated cane juice” on their ingredient lists in violation of the state’s Sherman law, which incorporates the federal Food, Drug, and Cosmetic Act. Swearingen v. Late July Snacks LLC, No. 13-4324 (N.D. Cal., filed September 18, 2013). The plaintiffs contend that regardless whether the products actually contain sugar or dried sugar cane syrup as sweeteners, the Food and Drug Administration (FDA) requires that these terms, and not “evaporated cane juice,” be used on product labels. They cite a 2000 FDA guidance letter and warnings that FDA subsequently provided to companies using the prohibited term on food labels. They assert that the state’s unfair competition law does not require that they relied on the labels in making their purchasing decisions, just that they would not otherwise have purchased an unlawful product, “absent the Defendant’s failure to disclose…
