The parent of a 14-year-old with type 2 diabetes has sued several companies that make high-fructose corn syrup (HFCS), alleging that the substance is “toxic” and its consumption caused the teen’s disease. S.F. v. Archer-Daniels-Midland Co., No. 13-634 (W.D.N.Y., filed June 17, 2013). The complaint details the purported effects of HFCS on the human body, asserting that it is associated with metabolic disease, liver inflammation and insulin resistance, chronic hyperinsulinemia, and type 2 diabetes. It also alleges that the fructose in HFCS “‘tricks’ the brain into wanting more food and stimulates excessive and continued consumption” and that it “bypasses the insulin-driven satiety system, suppressing ‘the degree of satiety’ that would normally result from a meal of glucose or sucrose, thereby causing and contributing to over consumption on a chronic basis with the adverse effects therefrom including the development of type 2 diabetes.” Alleging that HFCS use and consumption have “become nearly…
A federal court in California has denied the defendant’s motion to dismiss a putative class action alleging that the company misleads consumers by claiming that its Smart Balance® butter products contain plant sterols that can block the absorption of cholesterol; according to the plaintiff, a single serving of the product contains insufficient sterols to achieve the stated benefit. Aguilar v. Boulder Brands, Inc., No. 12-1862 (S.D. Cal., order entered June 10, 2013). Among other matters, the court determined that the named plaintiff had standing to assert claims involving two products that she did not purchase, because the products “advertise the same health benefits arising from the same additional ingredients found on the label in the same position” as the product she did purchase. According to the court, her ability to represent class members allegedly injured by similar products must be analyzed under Rule 23 and not on a motion to…
The European Parliament has reportedly passed legislation regarding the labeling and content of baby formula and other foods for special medical purposes. Included in the new rules, which reportedly take effect in 2016, is a ban on the use of images of babies on infant formula packaging. Specifically, the new rules state that the labeling, presentation and advertising of infant formula and follow-on formula (for babies ages 6 to 12 months old) must not include “pictures of infants, or other pictures or text which may ideali[z]e the use of such formula[]” in order “not to discourage breast-feeding.” Graphic representations intended for “easy identification of the formula and for illustrating methods of preparation” will evidently still be permitted. See European Parliament News Release, June 11, 2013.
The World Health Organization (WHO) has published a new report, “Marketing of foods high in fat, salt and sugar to children,” that calls the marketing of “unhealthy” foods to children “disastrously effective,” alleging the food industry is driving rising obesity rates in children by using “cheap new marketing channels, such as social media and smart phone apps” to promote fat-, salt- and sugar-laden foods. “Millions of children across the European Region are subjected to unacceptable marketing practices,” said Zsuzsanna Jakab, WHO regional director for Europe. “Policy simply must catch up and address the reality of an obese childhood in the 21st century. Children are surrounded by adverts urging them to consume foods high in fat, sugar and salt, even when they are in places where they should be protected, such as schools and sports facilities.” According to a WHO news release, although all 53 member states in the European Region…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service has reportedly approved a Non-GMO Project certification seal and “Non-GMO” statement on labels for products from animals that did not consume feed containing genetically modified (GM) ingredients, such as corn, soy and alfalfa. The certification will attest that the meat, poultry and liquid egg products meet the third-party certifying organization’s standards, which USDA vetted before approving the label. The agency action followed a petition filed by the owner of Mindful Meats, which makes and sells organic grass-fed beef to Northern California restaurants and retailers, and two other companies, Hidden Villa Ranch and Pitman Farms. According to Mindful Meats’ statement, “this is the first time that a U.S. government agency has approved a non-GMO label for beef.” See The New York Times, June 20, 2013; Mindful Meats Blog, June 21, 2013.
A recent study has purportedly found that mice fed a high-fat diet supplemented with cocoa powder exhibited fewer indicators of obesity related inflammation and insulin resistance than mice raised on the high-fat diet alone. Yeyi Gu, et al., “Dietary cocoa ameliorates obesity related inflammation in high fat-fed mice,” European Journal of Nutrition, June 2013. According to a June 13, 2013, Penn State press release, the results evidently showed that for mice eating “the human equivalent of 10 tablespoons of cocoa powder—about four or five cups of hot cocoa—during a 10-week period,” cocoa supplementation (i) “significantly reduced the rate of body weight gain,” (ii) “attenuated insulin resistance,” (iii) “reduced the severity of obesity-related fatty liver disease,” (iv) “significantly decreased plasma levels of the pro inflammatory mediators interleukin-6 [and] monocyte chemoattractant protein-1,” and (vi) reduced the expression of pro-inflammatory genes “in the stromal vascular fraction (SVF) of the epididymal white adipose tissue.”…
An international group of nutrition scientists has recommended that the quality of carbohydrates in foods as measured by their glycemic index (GI) should be included in national dietary guidelines and on food labels. Drafted during the International Scientific Consensus Summit on Glycemic Index, Glycemic Load and Glycemic Response held June 6-7, 2013, in Stresa, Italy, the group’s scientific consensus statement concludes that carbohydrate quality is significant and that carbohydrates present in different foods affect post-meal blood sugar differently, with important health implications. The scientists also cited “convincing” evidence that low GI/glycemic load (GL) diets reduce the risk of type 2 diabetes and coronary heart disease, help control blood glucose in people with diabetes and may help with weight management. “Given essentially conclusive evidence that high GI/GL diets contribute to risk of type 2 diabetes and cardiovascular disease, reduction in GI and GL should be a public health priority,” said participating scientist…
The California Cantaloupe Advisory Board (CCAB) has launched a new food-safety program that requires government audits of all cantaloupe production activities. Described by CCAB as “the only mandatory food-safety program that requires government audits of all cantaloupe production activities,” the program invites government auditors to inspect all aspects of operations including growing, harvesting, packing, and cooling to ensure that a set of “science-based standards is being followed.” Under the program, handlers must be 100 percent compliant with food-safety audits that cover 156 checkpoints. According to California melon producer and CCAB Chair Steve Patricio, CCAB will use inspectors from the California Department of Food and Agriculture instead of private inspection companies to ensure accountability, uniformity and consistency of audits throughout the California cantaloupe industry. Patricio also noted that the new audit program will allow producers to meet or exceed requirements of the Food Safety Modernization Act when it is implemented and that…
The Judicial Panel on Multidistrict Litigation (JPML) has granted the defendants’ motion for centralization in litigation involving allegations that Subway Sandwich Shops, Inc., and Doctor’s Associates, Inc., “engaged in a false or misleading advertising campaign regarding the size of the Subway Footlong sandwich.” In Re: Subway Footlong Sandwich Mktg. & Sales Practices Litig., MDL No. 2439 (JPML, decided June 10, 2013). According to the order, the seven actions addressed by JPML involve common factual questions, with plaintiffs alleging “that defendants have uniform standards and practices with respect to the manufacturing process and franchisee training which result in the actual length of the sandwich being materially shorter than advertised in violation of state consumer protection laws.” JPML has therefore chosen to centralize the actions in the U.S. District Court for the Eastern District of Wisconsin, which provides “a geographically central forum for this nationwide litigation, and will be convenient and accessible for…
The Judicial Panel on Multidistrict Litigation (JPML) has ordered the centralization of six actions claiming that Anheuser-Busch Companies, LLC, systematically overstated the alcohol content of its malt beverage products by diluting them with water. In Re: Anheuser-Busch Beer Labeling Mktg. & Sales Practices Litig., MDL No. 2448 (JPML, decided June 10, 2013). The putative class actions being centralized have all alleged that the beer manufacturer added extra water to 11 different products despite its claims that any deviation from the alcohol content stated on the product label “is within the range permitted by federal regulation.” In transferring the actions to the U.S. District Court for the Northern District of Ohio, the panel agreed with plaintiffs that “notwithstanding defendants’ apparent acknowledgement of some variance for unspecified products, the alleged conduct at issue—systematic overstatement of alcohol content—will remain in dispute and will involve complex discovery concerning the calibration of the involved equipment…
