A California resident has filed a strict liability lawsuit against a food retailer and the Oregon-based company that produced a frozen organic fruit mix allegedly implicated in a widespread Hepatitis A outbreak. Brackenridge v. Townsend Farms Corp., No. BC510633 (Cal. Super. Ct., Los Angeles Cty., filed June 3, 2013). According to the complaint, Lynda Brackenridge contracted the disease after purchasing the frozen fruit blend and remains hospitalized in isolation and in guarded condition. Seeking past and future economic and non-economic damages in excess of $25,000, court costs and interest, the plaintiff also alleges negligence and breach of implied warranties.
A federal court in Minnesota has dismissed a putative class action alleging that General Mills misleads consumers by labeling its Nature Valley products as “Natural” or “100% Natural” when they actually contain highly processed ingredients such as high-fructose corn syrup, high-maltose dextrin syrup and maltodextrin. Chin v. General Mills, Inc., No. 12-2150 (D. Minn., decided June 3, 2013). Additional details about the original complaint appear in Issue 453 of this Update. The court dismissed all counts relating to Nature Valley products that the plaintiffs did not purchase, according to their first amended complaint, ruling that they lacked standing to bring such claims. The court dismissed a breach of written warranty claim brought under the Magnuson-Moss Warranty Act because labeling a product as “100% Natural” is not a written warranty under the law; rather, it is a “product description.” Implied warranty claims under the Act and state law were also dismissed…
The New York City (NYC) Department of Health and Mental Hygiene has reportedly launched an ad campaign targeting beverages with added sugars, such as sports drinks, teas and energy drinks. Part of a four-year “Pouring on the Pounds” campaign that has compared sweetened soft drinks to sugar packets and fat globs, the new TV ads apparently feature the physical effects of diabetes, an overweight man drinking a neon-blue beverage and a surgeon manipulating a diseased heart with tweezers. The effort comes on the eve of the city’s appearance before a state appeals court to defend its vacated limits on the size of sugar-sweetened beverages sold in certain retail venues. Oral argument is scheduled for June 11, 2013. Additional information about the lower court’s ruling appears in Issue 475 of this Update. See Bloomberg News, June 3, 2013.
Connecticut lawmakers have passed a bipartisan bill (H.B. 6527) that will require labeling on foods that contain genetically modified (GM) ingredients, making it the first state in the nation to enact such legislation. Designated as “An Act Concerning Genetically-Engineered Food,” the bill was unanimously passed in the Senate and by a 134-3 vote in the House. Governor Dan Malloy (D) has reportedly indicated that the final step in its passage, his signature, will “not be an issue.” “This is important stuff. . . and I think the rest of the world is starting to understand that.” The bill’s passage came after House and Senate conferees reached a compromise following debate over a different version of the proposal. At issue was whether to allow the law to take effect automatically or to attach a “trigger” that would require neighboring states to pass similar legislation before Connecticut’s law would be implemented and enforced. The final…
The Animal Welfare Institute (AWI) has submitted a petition to the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) asking that the agency require all slaughter establishments to create and implement written animal-handling plans to decrease the “needless suffering of animals during slaughter.” Citing more than 1,000 humane slaughter violations that allegedly occurred at state and federally inspected slaughter plants from 2007 through 2012, AWI calls on FSIS to write regulations that require (i) “all workers who have contact with animals be trained in humane handling,” (ii) “stunning equipment be routinely tested and maintained,” and (iii) “backup stunning devices be available in both the stunning and holding areas of every slaughter plant.” According to AWI, the agriculture department recommended eight years ago that all slaughter plants take a “systematic approach to humane slaughter by developing a comprehensive, written animal handling plan,” yet just 35 percent of federally inspected…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a proposal that would require beef products undergoing a mechanical tenderization process be labeled as such and include new cooking instructions to ensure proper handling. According to an agency spokesperson, “Ensuring that consumers have effective tools and information is important in helping them protect their families against foodborne illness.” Some cuts of beef are apparently pierced by needles or sharp blades to break up muscle fibers and increase tenderness. With the possible introduction of pathogens into the interior of such products, FSIS notes that they “may pose a greater threat to public health than intact beef products, if they are not cooked properly.” Public comments will be requested within 60 days of publication in the Federal Register. See FSIS News Release, June 6, 2013.
U.S. Rep. Edward Markey (D-Mass.) has re-introduced legislation (H.R. 2248) that would prohibit the use of bisphenol A (BPA) in all food and beverage containers. Titled the “Ban Poisonous Additives Act 2013,” the bill would “ban reusable food and beverage containers (e.g., thermoses) and other food containers (e.g., canned food and formula) that contain BPA from being sold or introduced into commerce.” “It’s time to take the worry out of feeding America’s kids by taking the BPA out of infant formula, canned goods, and other food and beverage containers,” said Markey, who has been working to remove BPA from food and beverage containers since 2008. “Parents, consumers, and doctors are all asking to get BPA out of our bodies. It’s time to ban this chemical and move to safer alternatives.” The proposed legislation would also (i) permit the U.S. Food and Drug Administration (FDA) to issue one-year waivers if a…
A recent study has allegedly linked di-2-ethyhexylphthalate (DEHP) exposure to elevated blood pressure (BP) in children, raising concerns about the effect of phthalates and other plastic additives on long-term heart health. Leonardo Trasande, et al., “Urinary Phthalates Are Associated with Higher Blood Pressure in Childhood,” The Journal of Pediatrics, May 2013. Researchers with the New York University (NYU) Langone Medical Center, University of Washington, University of Cincinnati, and Penn State University apparently used urinary metabolite data from 3,000 children enrolled in the National Health and Nutrition Examination Survey 2003-2008 to quantify exposure to three phthalate families, including DEHP. Although the results evidently found no association between the phthalates used in cosmetics and personal care products and increased BP, dietary exposure to DEHP was reportedly associated “with higher systolic BP in children and adolescents.” “Phthalates can inhibit the function of cardiac cells and cause oxidative stress that compromises the health of…
A new mobile application that allows consumers to learn more about the company and manufacturing process behind a specific product has attracted nationwide media attention, with ABC News “Technology Review” recently naming it “App of the Week.” Created by Los Angeles based developer Ivan Pardo, the “Buycott” app encourages consumers to scan product barcodes to determine whether the purchase conflicts with any causes identified by the user, who can decide to join preexisting Buycott campaigns or create new ones based on individual concerns. For example, as a May 14 Forbes article explains, the “Demand GMO Labeling” campaign will tell consumers if a box of cereal “was made by one of the 36 corporations that donated more than $150,000 to oppose the mandatory labeling of genetically modified food.” In addition to helping consumers source products, Buycott reportedly supplies company information ranging from “phone numbers, emails, social media accounts, and headquarters location……
The seventh biennial Childhood Obesity Conference is slated for June 18-20, 2013, in Long Beach, California. Described as “the nation’s largest, most influential collaboration of professionals dedicated to combating pediatric obesity,” the event expects to draw nearly 2,000 attendees from across the nation. Agenda highlights include presentations by New York Times investigative journalist Michael Moss, New York University Professor Marion Nestle, food activist and attorney Michele Simon, and Center for Science in the Public Interest Director of Nutrition Policy Margo Wootan.
