The American Medical Association (AMA) has reportedly championed taxes on sugar-sweetened sodas as a way to fight obesity. Although it failed to pass a policy that outright supports such a measure, the AMA recognized during its recent annual meeting that “while a number of factors contribute to the obesity epidemic, taxes on beverages with added sweeteners are one way to finance consumer education campaigns and other obesity-related programs.” To that end, the physicians group voted to adopt a policy supporting obesity-prevention education for children and teens in public schools that encourages doctors to volunteer to teach classes on causes, consequences and prevention. “I can’t tell you the number of 40-pound 1 year-olds I see every day,” pediatrician Melissa Garretson was quoted as saying. See AMA Press Release, June 20, 2012; Associated Press, June 21, 2012.
The American Medical Association’s (AMA) House of Delegates has reportedly updated its policy on genetically engineered (GE) foods, voting at its 2012 Annual Meeting to adopt a statement that supports pre-market product testing but opposes special labeling. According to media sources, AMA’s statement concludes that “there is no scientific justification for special labeling of bioengineered foods, as a class, and that voluntary labeling is without value unless it is accompanied by focused consumer education.” At the same time, however, the association has backed “mandatory pre-market systematic safety assessments of bioengineered foods.” “The science-based labeling policies of the [Food and Drug Administration] do not support special product labeling without evidence of material differences between bioengineered foods and their traditional counterparts. The AMA adopted policy support[s] this science-based approach, recognizing that there currently is no evidence that there are material differences or safety concerns in available bioengineered foods,” explained AMA board member…
University of Chicago Economics Professor Gary Becker and Seventh Circuit Court of Appeals Justice Richard Posner have posted comments on their blog about New York Mayor Michael Bloomberg’s proposed ban on sugary drinks larger than 16 ounces. Becker concludes that “even when consumer decisions are not in their self-interest, it is questionable whether that provides sufficient grounding for government efforts to regulate and tax these decisions.” His most fundamental concern is that government bureaucrats may not “generally understand why consumers make defective decisions” or whether particular polices will effectively address the issue. He argues, “One should require evidence that the great majority of obese adult individuals do not make the connection with health before trying to restrict their consumption.” And he points out that if 16-ounce drinks are no longer available in New York, consumers may then substitute two 10-ounce drinks and thus increase their total consumption. Justice Posner agrees “that one…
Several Louisville, Kentucky, residents and a business owner have filed a putative class action against Diageo Americas Supply, Inc., alleging that one of its distilling operations has caused an accumulation of “the fungus Baudoinia compniacensis, colloquially referred to as ‘whiskey fungus,’” on their real and personal property. Merrick v. Diageo Americas Supply, Inc., No. 12-334 (W.D. Ky., filed Jun 15, 2012). They allege that the ethanol emissions which occur during the “aging/ warehousing stage of alcoholic beverage production” catalyze and promote the growth of whiskey fungus, a black, sooty substance that purportedly accumulates on metal, vinyl, concrete, and wood and requires “extreme cleaning measures such as a high-pressure washing or the application of caustic chemicals such as chlorine bleach.” These measures allegedly “cause early weathering of surfaces affected by the fungus,” such as gutters, siding, roofing, fencing, and vehicles. Seeking to certify a class of all persons and entities owning or…
The Judicial Panel on Multidistrict Litigation (JPML) has consolidated before a multidistrict litigation (MDL) court in New Jersey six lawsuits alleging that Tropicana deceptively markets its not-from-concentrate orange juice as “100% Pure & Natural,” despite extensive processing. In re: Tropicana Orange Juice Mktg. & Sales Practices Litig., MDL No. 2353 (J.P.M.L., order entered June 11, 2012). New Jersey was selected as the appropriate venue because plaintiff’s counsel in the case filed there “appear to have significantly investigated and developed the factual issues underpinning their complaint.” Other plaintiffs apparently dismissed their complaints to join the New Jersey action, and JPML found that the court there had the resources to devote to the litigation and an experienced judge not currently overseeing an MDL. The panel refused to include a potential tag-along case brought by a plaintiff who argued for “industry-wide centralization,” that is, an MDL that would include all orange juice manufacturers…
In advance of a July 9, 2012, hearing before a federal court in New Jersey to approve the settlement of claims that Ferrero USA, Inc. misled consumers about nutritive value in its ads for Nutella®, a hazelnut spread purportedly containing high fat and sugar levels, a number of class members have filed objections that challenge class notice, most of the settlement terms and the fee award to plaintiffs’ counsel. In re: Nutella Mktg. & Sales Practices Litig., No. 11-1086 (D.N.J.). Additional details about the proposed settlement appear in Issue 437 of this Update. Class member Clark Hampe, for example, complains that the settlement fund “has a claims procedure that caps the total number of claims that can be made and the maximum amount of compensation for class members. Then, if these arbitrary maximums are satisfied, the settlement is vague about what happens next. Either funds will be paid to a…
A federal court in New Jersey has, for a second time, requested supplemental briefing before approving a stipulated final order for permanent injunction and other equitable relief in the Federal Trade Commission’s (FTC’s) action against a company that allegedly marketed açai-berry weight-loss products with “fake” news reports and deceptive claims. FTC v. Circa Direct LLC, No. 11-2172 (D.N.J., order filed June 13, 2012). Among other matters, the court seeks FTC’s views on whether the agency has shown it was likely to succeed on the merits “without an admission of liability by the Defendants and with no evidentiary submissions before the Court.” The court also requests additional briefing on whether it “may consider the lack of an admission by the defendants in its public interest analysis under the [FTC Act].” When the parties submitted their first supplemental briefs, FTC Commissioner J. Thomas Rosch submitted a letter indicating that, in his view,…
The U.S. Government Accountability Office (GAO) has issued a report highlighting the need for improved performance information and cost analysis for environmental, health and safety (EHS) research as they relate to nanotechnology. As part of its analysis, GAO reviewed nanotechnology research conducted in 2010 by seven National Nanotechnology Initiative (NNI) member agencies, including the Food and Drug Administration. According to the 84-page report, EHS research funding grew from $38 million in 2006 to $90 million in 2010. GAO found several problems in 2010, however, that “raise concerns about the quality of EHS funding data reported.” It also discovered, among other things, that although the member agencies most frequently focused on carbon nanotubes, nanosilver and nanoscale titanium dioxide, NNI had not prioritized nanomaterials for EHS research. GAO recommends that the Office of Science and Technology Policy (i) “coordinate development of performance information for NNI EHS research needs and publicly report this…
According to a news source, more than 2,300 consumer products, pharmaceuticals, medical devices, and food, at a pace of some 6.5 each day, were recalled in 2011. This represents a reported increase of 14 percent over recalls in 2010 and compares to about 1,500 recalls in 2007. Regulators, retailers and manufacturers are apparently concerned that the surge in product recalls will produce a recall “fatigue” that means consumers could ignore or miss a recall which puts them at risk. A Rutgers study from 2009 found that 12 percent of Americans eat food they know has been recalled and 40 percent admit never looking for recalled products in their homes. Some retailers, such as Costco, that have mechanisms to automatically notify members who have purchased recalled products, have opined that the national recall system would be more effective if a single, uniform network were in place instead of the varying recall…
The Public Health Advocacy Institute (PHAI) has issued a June 7, 2012, fact sheet calling on school districts to consider the energy costs of cold beverage vending machines when deciding whether to renew vending contracts. Claiming that a traditional vending machine consumes approximately 3,000 kilowatt hours of electricity per year (kWh/yr), the fact sheet estimates that schools spend an average of $313 in annual energy costs per machine. “When multiplied over a total number of machines housed on school property, the electricity cost required to operate cold beverage vending machines amounts to a significant hidden expense for schools that should be subtracted from school beverage vending revenue,” argues PHAI, which has also provided a breakdown of vending machine energy costs by state. As an example, the fact sheet thus calculates that a large California school district with 225 traditional vending machines would accrue $477,000 in electricity fees over five years.…
