A recent study has purportedly found “for the first time a link between excess dietary sugar and the accumulation of liver fat by DNL [de novo lipogenesis],” the process by which simple sugars like fructose or glucose are converted in the liver into SFA palmitate. Ksenia Sevastianova, et al., “Effect of short-term carbohydrate overfeeding and long-term weight loss on liver fat in overweight humans,” American Journal of Clinical Nutrition, October 2012. After placing 16 overweight subjects on a high-calorie diet for three weeks and then a low-calorie diet for six months, researchers reported that carbohydrate overfeeding induced an approximately 10-fold “greater relative change in liver fat (27%) than in body weight (2%),” with the increase in liver fat proportional to DNL. Based on these findings, the study’s authors concluded that “short-term overfeeding with simple carbohydrates markedly increases liver fat and stimulates DNL in overweight subjects.” They also noted that, although…
A recent study has reportedly observed an association between heavier coffee consumption and increased risk of exfoliation glaucoma or exfoliation glaucoma suspect (EG/EGS). Louis Pasquale, et al., “The Relationship between Caffeine and Coffee Consumption and Exfoliation Glaucoma or Glaucoma Suspect: A Prospective Study in Two Cohorts,” Investigative Ophthalmology & Visual Science, September 2012. Researchers with the Channing Division of Network Medicine at Brigham and Women’s Hospital in Boston, Massachusetts, used eye examination data and follow-up questionnaires from 78,977 women and 41,202 men enrolled in health studies to determine that those who reported drinking three or more cups of caffeinated coffee each day were more likely to develop EG/EGS than those who abstained. The study also found that this risk increased for women with a family history of glaucoma, but did not identify a similar association between EG/EGS and other caffeinated products, such as soda or tea, or decaffeinated coffee. “Because this…
Researchers with McGill University have reportedly identified a genetic mutation linked to the development of mood disorders and obesity in humans.Carl Ernst, et al., “Highly Penetrant Alterations of a Critical Region Including BDNF in Human Psychopathology and Obesity,”Archives of General Psychiatry,October 2012. After screening more than 35,000 people referred for genetic testing and comparing the results with data from approximately 30,000 control subjects, scientists found five participants with a rare genomic deletion of brain-derived neurotrophic factor (BDNF), “a nervous system growth factor that plays a critical role in brain development.” These participants all exhibited obesity and “mild-moderate intellectual impairment” as well as a mood disorder. “The consensus phenotype for individuals with a deletion in BDNF suggests that young children are hyperactive and have an intolerance to change. As subjects age, they likely develop more pronounced anxiety and mood disorders, exemplified by the 16-year-old and 21-year-old subjects with major depressive disorder and…
A recent perspective piece published in the New England Journal of Medicine has argued that “steps should be taken” to curb “spur-of-the moment, emotion-related purchases… triggered by seeing the product or a related message.” Deborah Cohen & Susan Babey, et al., “Candy at the Cash Register — A Risk Factor for Obesity and Chronic Disease,” NEJM, October 2012. The article takes issue with impulse marketing focused on “the placement and display of products in retail outlets,” such as candy offered for sale at cash registers. “Placement of foods in prominent locations increases the rate at which they’re purchased; purchase leads to consumption; and consumption of foods high in sugar, fat and salt increases the risks of chronic disease,” state the authors. “Because of this chain of causation, we would argue that the prominent placement of foods associated with chronic diseases should be treated as a risk factor for those diseases.” In…
A company whose deli meat products were allegedly contaminated by the inclusion of the Salmonella-tainted red and black pepper sold to it by a supplier has sued the supplier’s insurance company to recover damages resulting from the products’ recall. Daniele Int’l, Inc. v. Penn-Star Ins. Co., No. 12-709 (D.R.I., filed October 9, 2012). According to the plaintiff, which was awarded a default judgment of $33.18 million in a suit against the supplier in September 2012, the defendant’s insurance policies extend to the supplier’s liability for the plaintiff’s losses and damages. The plaintiff also contends that the insurance carrier was notified about the underlying litigation.
Two commercial liability insurance companies have filed a complaint against Phusion Projects Inc., the company that makes Four Loko®, an alcoholic beverage containing stimulants such as caffeine, guarana and taurine, seeking a declaration that “they do not owe a duty to defend or indemnify” the company in personal injury and wrongful death actions filed against it in several states. The Netherlands Ins. Co. v. Phusion Projects Inc., No. 12-7968 (N.D. Ill., filed October 4, 2012). The underlying complaints involve a California resident who was shot to death by police after consuming the beverage and acting “in an irritated, agitated, and disoriented manner”; a New York resident who sustained injuries in an auto accident with a woman who had consumed the product and allegedly drove her car in a reckless manner; a New Jersey resident who died from a stabbing in an attack by a woman who had allegedly “imbibed Four Loko”;…
A California resident has filed a putative class action against Campbell Soup Co. alleging that it falsely represents that some of its products are “100% Natural” when they in fact contain genetically modified organisms (GMOs) “in the form of soy, corn, soy derivatives, and or corn derivatives.” Barnes v. Campbell Soup Co., No. 12-05185 (N.D. Cal., filed October 5, 2012). Specifically targeted in the complaint are the company’s “100% Natural Southwest-Style White Chicken Chili” and “100% Natural Healthy Request® Mexican-Style Chicken Tortilla Soup.” The plaintiff alleges that he “would not have purchased the Products if he had known that the Defendant’s Products are not ‘100% Natural’ because they contain GMOs.” Seeking to certify a statewide class of product purchasers, the plaintiff alleges violations of California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act. He requests injunctive relief; restitution; disgorgement; attorney’s fees; actual, statutory and punitive damages; costs; and interest.…
A California court has reportedly denied a motion to certify a class of Hard Rock Café employees who allege that the restaurant chain wrongly classified them as exempt employees and then forced them to assume the tasks of non-exempt employees without paying them overtime or allowing them to take meal periods and rest breaks, and otherwise provided inaccurate wage statements. In re Hard Rock Café Wage & Hour Cases, No. JCCP 4549 (Cal. Super. Ct., Orange Cty., decided October 3, 2012). According to the restaurant chain’s counsel, the court determined that the putative class of kitchen managers lacked numerosity, the identity and number of class members could not be ascertained, and the named representative could not adequately represent the class. The court also apparently found that individual analysis of each employee’s work activities would be required to decide whether they had been properly classified as exempt. Counsel for named plaintiff…
A federal multidistrict litigation (MDL) court in California has certified a nationwide class of consumers who purchased a POM Wonderful pomegranate juice product between October 2005 and September 2010 and allege that the company’s health-related benefit claims are false and misleading. In re POM Wonderful LLC Mktg. & Sales Practices Litig., MDL No. 2199 (C.D. Cal., decided September 28, 2012). The suit was filed under California’s False Advertising Law, Unfair Competition Law and Consumers Legal Remedies Act. While POM argued that a nationwide class could not be certified because California law cannot be applied to consumers in other states, the company failed to specifically identify conflicts between the laws of California and other states. According to the court, the company simply cited a Ninth Circuit decision “[p]erhaps relying upon the mistaken assumption that California law cannot be applied to a nationwide class as a matter of law,” and included an exhibit…
The Texas Animal Health Commission (TAHC) has announced the implementation of new adult cattle traceability rules effective January 1, 2013. TAHC apparently amended its regulations after “unofficially” suspending its brucellosis test requirement for adult cattle at change of ownership. Because cattle no longer receive ear-tags at the time of testing, the updated rule stipulates that “all sexually intact cattle, parturient or post parturient, or 18 months of age and older changing ownership must still be officially identified with Commission approved permanent identification.” “The new traceability rule will help preserve the TAHC’s ability to identify and trace animal movements quickly and effectively, no matter which disease is involved,” stated the agency, which has anticipated that the change will primarily affect beef cattle, “as dairy cattle in Texas have had an even more stringent identification requirement in place since 2008.” The Commission has also supplied a complete list of acceptable identification devices…
