A recent study has reportedly used whole genome sequencing (WGS) to retrospectively trace the transmission of methicillin-resistant Staphylococcus aureus (MRSA) from animal to human for the first time. Ewan Harrison, et al., “Whole genome sequencing identifies zoonotic transmission of MRSA isolates with the novel mecA homologue mecC,” EMBO Molecular Medicine, April 2013. According to a March 25, 2013, University of Cambridge press release, U.K. and Danish researchers used WGS to examine two separate cases of MRSA infection in Danish farmers and their animals. The results evidently showed that the MRSA strains under investigation carried the novel mecC gene, which allowed researchers to compare the human infections with those found in the livestock and determine that animals were most likely the source of the new strains. “Having found this new MRSA in both people and animals on the same farm it was likely that it is being transmitted between animals and people. By looking…
Fast Food Forward has apparently coordinated its second strike in six months as part of its long-term effort to unionize fast-food employees in New York City. According to media sources, hundreds of workers employed by approximately 65 fast-food restaurants throughout New York City walked off the job on April 4, 2013, to show support for Fast Food Forward’s latest campaign, which seeks to increase worker wages to $15 per hour. The effort has apparently drawn public support from UnitedNY.org, the Black Institute and the Service Employees International Union, among other organizations. “What happened in November was a very big thing in terms of seeing whether workers were ready and able to go out and strike and take risks in a way that has not happened in the fast-food industry before,” said New York Communities for Change Executive Director Jonathan Westin of Fast Food Forward’s previous strike. “A lot of people…
In a Nature Nanotechnology commentary titled “The insurability of nanomaterial product risk,” business and scientific researchers funded by the European Commission (EC) propose a framework for the insurance industry to assess risks for purposes of issuing policies that will ensure the “commercial viability and long-term sustainability” of the nanotechnology industry. Noting that Lloyd’s of London and large insurers are “paying close attention to developments in the area of nanomaterials,” the authors suggest that uncertainty about nanotech risks has led insurance companies to carry this risk on their books, because they have failed to explicitly cover nanotechnology risks in their policies. They recommend that control banding, which rates risks according to exposure and toxicity levels, could provide the means to harness the uncertainties and allow policies to explicitly include nanomaterials. The commentary concludes, “In the absence of effective regulatory controls and a lack of legal clarity, control banding will allow nanoparticle…
Yale University’s Rudd Center for Food Policy & Obesity has issued a March 2013 report highlighting “where children and adolescents viewed the food and beverage advertisements they saw on television in 2011.” Using Nielsen data, the Rudd Center apparently sought to quantify “the average number of food and beverage TV ads viewed by age group (ages 2-5, 6-11, 12-14, 15-17) in total and by product category, as well as the channels and programs where these ads appeared.” According to the report, four youth-oriented channels accounted for one-half of food advertising viewed by children, with Viacom’s Nickelodeon airing “over one-fourth of the food ads viewed by 2- to 11-year-olds.” Overall, 24 percent of these ads evidently featured fast food restaurants, 12 percent featured cereal, 11 percent featured other restaurants and 11 percent featured candy. In addition, the report noted that “[f]ive programs on the top-ten list of programs where children saw…
A coalition of more than 200 farm, consumer and environmental organizations has written a letter urging the U.S. Department of Agriculture (USDA) to support recently proposed changes to U.S. Country of Origin Labeling (COOL) requirements for meat products. USDA proposed new labeling rules in March 2013 in response to a World Trade Organization (WTO) ruling that the old labels discriminated against imported livestock from other countries. The proposed rules would require that that all meat from animals born, raised and processed in the United States bear a “born, raised and slaughtered in the USA” label. “The only acceptable way to respond to the WTO challenge is to make labels more informative for consumers, not water them down,” states the letter. “U.S. farmers and ranchers are proud of what they produce and should be allowed to promote their products.” “Consumers want more information about the source of their food, not less,”…
The New England Journal of Medicine (NEJM) has published two “Perspective” articles in its April 3, 2013, issue, commenting on the recent ruling by Judge Milton Tingling overturning the New York City Board of Health’s restrictions on the size of sugary drinks sold at certain city establishments—the “Portion Cap Rule.” Details about the ruling are included in Issue 475 of this Update. Attorneys Wendy Mariner and George Annas with the Boston University School of Health opine in “Limiting ‘Sugary Drinks’ to Reduce Obesity— Who Decides?” that the court was likely correct in ruling that the Board of Health lacked the authority to adopt the rule given a court of appeals ruling overturning indoor smoking rules after examining “the difficult-to-define line between administrative rulemaking and legislative policymaking.” They contend that higher taxes on all soda sales would be a reasonable alternative to the Portion Cap Rule, noting that “[h]igher prices often…
The Council for Responsible Nutrition has issued recommended guidelines for dietary supplement products containing caffeine, including energy drink products marketed as supplements. According to the council, the guidelines expand “its self-regulatory initiatives that encourage best practices within the supplement industry and promote safe use of dietary supplements by consumers.” Council President and CEO Steve Mister said, “This is one example of how responsible companies in our industry are taking proactive steps to educate consumers so they can make informed decisions about caffeine-containing supplements, and we trust consumers will be mindful of the amounts of caffeine they are getting from all sources.” The guidelines recommend (i) the disclosure of total caffeine content for products with added caffeine in amounts more than 25 mg per serving, “declared in milligrams per serving either in the Supplement Facts Box or in a separate statement elsewhere on the label”; (ii) advisories for conditions of use,…
A Connecticut-based law firm has filed Proposition 65 (Prop. 65) lawsuits against three companies that make food extracts and flavorings, alleging that they fail to disclose the presence of 4-Methylimidazole (4-MEI), a substance known to California to cause cancer. Leeman v. Adams Extract & Spice Co., LLC, No. 13-529493; Leeman v. McCormick & Co., Inc., No. 13-529494; Leeman v. Farmer Bros. Co., No. 13 529495 (Cal. Super. Ct., San Francisco Cty., filed March 13, 2013). Named plaintiff Whitney Leeman claims to hold a doctorate in environmental engineering and seeks “to promote awareness of exposures to toxic chemicals in products sold in California.” She provided 60-day notices of violation to the companies in December 2012 concerning their alleged failure to warn consumers about 4-MEI exposure. The products specifically named in the complaints are Adams’ “Extract Maple Imitation Maple Flavor,” McCormick’s “Culinary Imitation Maple Flavor” and “Culinary Caramel Color,” and Farmer’s “Sierra Brand…
According to a news source, trial begins April 8, 2013, in the Environmental Law Foundation’s Proposition 65 (Prop. 65) lawsuit against 28 food manufacturers and retailers in a California state court, alleging failure to warn the public that their baby and toddler foods and fruit juices contain lead, a chemical known to the state to cause reproductive toxicity or cancer. Envtl. Law Found. v. Beech-Nut Nutrition Corp., No. 11-597384 (Cal. Super. Ct., Alameda Cty., filed Sept. 28, 2011). Details about the case appear in Issue 412 of this Update. The trial will involve the manufacturing defendants and will resolve their affirmative defenses only. Trials over damages issues and claims against the retailers have not apparently been scheduled. Among the defenses that the court will consider are whether (i) Prop. 65, as applied, is preempted under the Food, Drug, and Cosmetic Act and federal nutrition programs; (ii) exposure to the products’ lead levels…
A federal court in California has dismissed in part the first amended complaint in a putative class action against Frito-Lay and PepsiCo, alleging that the companies falsely advertised and labeled their products as “All Natural,” “0 Grams Trans Fat,” “No MSG,” “low sodium,” “healthy,” and with other unspecified health claims. Wilson v. Frito-Lay N. Am., Inc., No. 12-1586 (N.D. Cal., order entered April 1, 2013). Dismissed with prejudice were claims that the companies breached warranties under the Magnuson-Moss Warranty Act and the Song Beverly Consumer Warranty Act. Among the claims that the plaintiffs will be allowed to amend are the allegations against PepsiCo, dismissed due to insufficient pleading; allegations involving products not specifically named or described in the complaint; and a claim for restitution based on unjust enrichment, which should have been pleaded in the alternative. To the extent that the plaintiffs based their unfair, false and deceptive advertising claims…
