New York State Comptroller Thomas DiNapoli has reached agreements with several Fortune 500 companies, including Dr. Pepper Snapple group, to disclose their corporate political spending. The agreements apparently resolve shareholder resolutions that DiNapoli filed on behalf of the state’s pension fund, which holds more than 600,000 shares of Dr. Pepper Snapple Group, valued at some $26.1 million. DiNapoli stated, “Shareholders have a right to know how companies are using corporate money for political purposes. To date, eighteen companies have reached agreements with the New York State Common Retirement Fund to disclose their political spending—it’s time for more good corporate citizens to follow their lead.” Among the other companies that have reached similar agreements in past years are Yum! Brands Inc. and PepsiCo. Inc. See NYS Comptroller Thomas DiNapoli News Release, April 9, 2013.
In a Spring 2013 Breakthrough Institute paper, social policy research associate Helen Lee suggests that public health advocates have gone astray in modeling anti-obesity efforts on anti-tobacco efforts that have done little to address either overeating or smoking in any appreciable way. Titled “The Making of the Obesity Epidemic: How Food Activism Led Public Health Astray,” the paper argues that research does not support a link between obesity and increased mortality, unless the obese are also poor and lack access to adequate health care. In fact, Lee notes that mortality from diabetes and cardiovascular disease, often associated with excess weight, has decreased significantly because these diseases are treatable. Lee believes that “embracing obesity strategies that reinforce the notion that the poor are victims of an environment that is rigged against them” will not help them in the long run and that the better strategy would be to focus on “policy…
Harvard School of Public Health Chair of Nutrition Walter Willett recently published an editorial in BMJ, urging policy makers to consider a range of strategies to curb obesity rates and thereby reduce the incidence of diabetes and cardiovascular mortality. The April 9, 2013, editorial responds to a study concluding that population-wide weight loss in Cuba between 1980 and 2010 “was accompanied by diabetes mortality falling by half and mortality from coronary heart disease falling by a third,” while a rebound in body weight “was associated with an increased diabetes incidence and mortality, and a deceleration of the decline in mortality from coronary heart disease.” Manuel Franco, et al., “Population-wide weight loss and regain in relation to diabetes burden and cardiovascular mortality in Cuba 1980-2010: repeated cross sectional surveys and ecological comparison of secular trends,” BMJ, April 2013. “The current findings add powerful evidence that a reduction in overweight and obesity…
According to an Environmental Working Group (EWG) analysis, more than one-half of meat and poultry samples tested in 2011 contained antibiotic-resistant bacteria. Using findings from the federal government’s National Antimicrobial Resistance Monitoring System, the report asserts that “store-bought meat tested in 2011 contained antibiotic-resistant bacteria in 81 percent of raw ground turkey, 69 percent of raw pork chops, 55 percent of raw ground beef and 39 percent of raw chicken parts.” “Consumers should be very concerned that antibiotic-resistant bacteria are now common in the meat aisles of most American supermarkets,” said EWG nutritionist Dawn Undurraga. “These organisms can cause foodborne illnesses and other infections. Worse, they spread antibiotic-resistance, which threatens to bring on a post-antibiotic era where important medicines critical to treating people could become ineffective.” See EWG News Release, April 15, 2013.
Vermont Attorney General (AG) Bill Sorrell will reportedly join other state AGs for a conference on “the current state of food industry marketing to kids,” scheduled for May 2013 at Yale University’s Rudd Center for Food Policy and Obesity. After introducing a Dartmouth College pediatrics professor to the Vermont House Committee on Health Care to address youth marketing by the food industry, Sorrell noted that the state AGs will consider “labeling, advertisements and the like, and look at what, under existing authority, we might be able to do, and how we might be in a position to espouse change within our state legislatures.” Sorrell was able to insert a tax on sugar-sweetened beverages into legislation pending before the committee in March, fulfilling a recommendation in an obesity report issued by his office in 2010. According to Sorrell, “The food industry marketing to kids these nonnutritious, high-sugar and fat content fast-food…
According to a news source, a Michigan state court has approved a settlement of claims that a McDonald’s franchisee falsely advertised some of its chicken products as halal, or prepared in accordance with Muslim dietary restrictions. Ahmed v. Finley’s Mgmt. Co., No. 11-014559-CZ (Mich. Cir. Ct., Wayne Cty., settlement approved April 17, 2013). The settlement was approved despite objections that the $700,000 settlement fund would be unfairly distributed, for the most part, to two charities without compensating those harmed by the purported fraud. Additional information about the litigation appears in issues 468, 471, 473, and 475 of this Update. The attorney who was a member of the class, posted objections to the settlement on his Facebook® page and successfully defeated a gag order imposed by the court has reportedly indicated that he does not plan to appeal after plaintiffs’ counsel assured him that some of their $233,000 in fees would…
A divided Illinois appeals court has determined that Jimmy John’s Enterprises and one of its franchisees must continue to defend four of seven claims in a personal injury suit arising from a motor vehicle accident involving one of its delivery drivers. Reynolds v. Jimmy John’s Enters., LLC, No. 4-12-139 (Ill. App. Ct., 4th Dist., decided April 2, 2013). The plaintiff, who was riding a motorcycle when the accident occurred and purportedly sustained permanently disabling injuries, alleged that the driver was negligently supervised and trained and thus made an illegal turn into his path in an effort to comply with the food company’s promise of “freaky fast” food delivery, that is, that “deliveries will be made within 15 minutes of receiving the sandwich order.” Finding that the defendants did not properly bring their motion to dismiss under the state’s procedural rules, the court majority found that the trial court erred in…
A federal court in California has issued a tentative rejection of a settlement reached in a putative class action alleging that Ben & Jerry’s Homemade Inc. falsely claims that its ice cream is all natural despite containing genetically modified ingredients. Tobin v. Conopco Inc., No. 12-5881 (N.D. Cal., notice filed April 15, 2013). The court’s notice of tentative ruling also raises questions for hearing including (i) “what is the parties’ best argument that venue is proper in this district,” (ii) are the plaintiff’s claims typical of the class claims in light of the defendants’ contention that she lacks standing to bring her claims under the New Jersey Consumer Fraud Act, (iii) is the parties’ proposed notice the best practicable, (iv) do the proposed cy pres charities have any nexus to the claims, and (iv) is it appropriate to reduce the funds available for settlement purposes to cover fees and administrative…
A federal court in Colorado has dismissed the defendants’ post-trial motions for judgment as a matter of law or for a new trial thus upholding a $7.5 million jury award to plaintiffs who alleged personal injury from exposure to the diacetyl in microwave popcorn consumed at home. Watson v. Dillon Cos., Inc., No. 08-91 (D. Colo., order entered April 10, 2013). The court scheduled an April 18 hearing on post-trial motions to amend the judgment and for an award of attorney’s fees and costs. According to the court, in light of conflicting evidence as to the defendants’ knowledge about purported health effects from diacetyl exposure and whether non-workplace exposures are sufficient to cause injury, a reasonable jury could conclude that the defendants knew about the risk and failed to warn consumers about it. The court also found the punitive damages appropriate because “a reasonable jury could conclude that the Defendants knew…
In a recent paper, a member of European Food Safety Authority and Norwegian Scientific Committee for Food Safety genetically modified organism (GMO) panels has explored whether biosafety data provided to regulatory authorities by companies developing GMOs should be protected from disclosure. K.M. Nielsen, “Biosafety Data as Confidential Business Information,” PLOS Biology, 2013. Noting that standards or criteria as to what constitutes “legitimate” confidential business information (CBI) in GM product applications are lacking, the author argues that CBI claims are used indiscriminately and prevent independent research and monitoring. The article concludes with the author’s suggested criteria for “warranted CBI claims.” Among other things, the criteria would exclude from protection “information present in patent documents or for information not considered to be or not under confidentiality agreements in other companies/locations/countries.”
