Anti-sugar crusader Robert Lustig was among the scientists participating in an April 1, 2012, “60 Minutes” interview claiming that studies indicate that sugar is toxic, addictive and can lead to obesity, Type II diabetes, hypertension, and heart disease. Lustig, an endocrinologist at the University of California, San Francisco, has written extensively about the topic, including an article titled “The Toxic Truth About Sugar” featured in Issue 425 of this Update. Asserting that sugar is as “equally toxic” as high-fructose corn syrup, Ludwig recommended that men daily consume no more than 150 calories of added sugars and women no more than 100, which is less than the amount in one can of soda. “Ultimately this is a public health crisis,” Lustig said in reference to what he deems the excessive amount of sugar in many processed foods. “When it’s a public health crisis, you have to do big things and you…
Canadian researchers have reportedly halted the development of genetically engineered (GE) pigs after the hog producers association sponsoring the project decided to stop funding it. Created in 1999 by scientists at the University of Guelph and financed by Ontario Pork, the so-called Enviropig™ apparently contained genes from mice and an E. coli bacterium that enabled the animal to digest plant phosphorus “more efficiently than conventional Yorkshire pigs,” thereby lessening the environmental impact of the manure. Had a company been found to take the product to market, the Enviropig™ would have become the first GE animal to enter the food supply if approved by the U.S. and Canadian governments for human consumption. According to an April 2, 2012, New York Times report, however, the Enviropig™ met much resistance from environmental and consumer groups that oppose transgenic livestock for food purposes and feared the GE pig would make large-scale farming more profitable.…
The Institute of Medicine (IOM) has issued a workshop summary examining the role of obesity in cancer survival and recurrence. Held October 31-November 1, 2011, by IOM’s National Cancer Policy Forum, the workshop included presentations from experts on “the latest laboratory and clinical evidence on the obesity-cancer link and the possible mechanisms underlying that link.” Participants also discussed clinical interventions to mitigate the purported effects of obesity on cancer, as well as “research and policy measures needed to counteract the expected rise of cancer incidence mortality due to an increasingly overweight and older population.” In particular, the workshop explored “the complex web of molecular mechanisms that underlie the obesity-cancer link and whether it is obesity itself, the energy imbalance that leads to obesity, or the molecular pathways that are deregulated due to obesity, that lead to increased risk of cancer initiation or progression.” The group also considered more policy-specific research…
French maize growers and seed companies have reportedly brought an appeal before the nation’s highest court seeking to overturn the French government’s temporary moratorium on a strain of genetically modified (GM) maize. The government action was taken in response to the court’s decision to annul a previous moratorium after finding that it lacked justification. In a joint statement, the plaintiffs said, “This restriction does not rely on any serious scientific element, and maize producers, hit by (insects), sustain real financial damage.” France has also reportedly requested that the European Commission suspend authorization to sow the GM maize, the only one approved for cultivation in the European Union, contending that scientific research shows that it poses “significant risks for the environment.” See Reuters, March 29, 2012.
A California superior court has dismissed with prejudice putative class claims filed against McDonald’s Corp. seeking to enjoin the company from advertising Happy Meals® to children featuring toys. Parham v. McDonald’s Corp., No. 10-506178 (Cal. Super. Ct., San Francisco Cty., decided April 4, 2012). Additional information about the case appears in Issues 375, 391 and 420 of this Update. While the court did not explain why it sustained the company’s demurrers to the plaintiff’s first, second and third causes of action, it did so without giving the plaintiff leave to amend her complaint. According to the Center for Science in the Public Interest (CSPI), which was representing the plaintiff, consideration is being given to filing an appeal. In its memorandum of law in support of its demurrers, the company argued that the plaintiff failed to state a claim for relief under the state’s Unfair Competition Law, Consumers Legal Remedies Act…
Contending that snack maker Frito-Lay North America makes “improper nutrient content claims on products containing disqualifying levels of fat, saturated fat, cholesterol or sodium,” a new plaintiff has filed a putative class action against the company and its parent in a California federal court. Wilson v. Frito-Lay N. Am., Inc., No. 12-1586 (N.D. Cal., filed March 29, 2012). Several other cases have recently been filed against the company, challenging its “all natural” claims for products allegedly containing genetically modified ingredients. The new action targets the company’s “0 grams of trans fat” representations on its Lay’s Classic Chips® “despite disqualifying levels of fat that far exceed the 13g disclosure level.” The plaintiff reportedly cites Food and Drug Administration warnings to other companies “for the same type of improper 0 grams trans fat nutrient content claims at issue in this case.” See Foodnavigator-usa.com, April 4, 2012.
A federal court in Iowa has dismissed claims filed by a legal defense fund and a number of raw-milk producers challenging Food and Drug Administration (FDA) regulations prohibiting the shipment of raw milk for human consumption across state lines. Farm-to-Consumer Legal Defense Fund v. Sebelius, No. 10-4018 (N.D. Iowa, decided March 30, 2012). According to the court, none of the plaintiffs alleged that “the FDA has applied or sought to apply the challenged regulations to them, and Wagoner’s contentions are merely conclusory and based on speculation.” Raw milk producer Eric Wagoner had apparently alleged that a Georgia Department of Agriculture official “ordered an embargo of raw milk that he had transported from South Carolina, where it is legal to buy raw milk, to Georgia, where it is not” and claimed that “the embargo was ordered at the direction of the FDA.” There was no evidence of FDA involvement, and because…
A federal court in Texas has determined that a trademark and patent infringement lawsuit involving Frito-Lay North America’s corn chip products can be maintained in the Eastern District of Texas because it has jurisdiction over the defendants and the defendants failed to show that it was “clearly more convenient” to litigate the matter in Arkansas. Frito-Lay N. Am., Inc. v. Medallion Foods, Inc., No. 12-74 (E.D. Tex., order entered March 30, 2012). Details about the case are included in Issue 427 of this Update. According to the court, after Frito-Lay notified the defendants that their BOWLZ product infringed its patent and trade dress rights, the defendants filed a complaint for declaratory relief in the Eastern District of Arkansas. Frito-Lay filed its suit the same day in the Eastern District of Texas. The Arkansas court stayed that action pending the Texas court’s ruling on jurisdiction and venue, noting that “[i]f the…
The U.S. Supreme Court has invited the U.S. solicitor general to submit a brief addressing the issues raised in a dispute over patent exhaustion and second-generation genetically modified (GM) seeds. Bowman v. Monsanto Co., No. 11-796 (U.S., order entered April 2, 2012). An Indiana farmer, who was found to have infringed Monsanto’s patents by planting the Roundup Ready® soybeans he purchased from a grain elevator, filed a petition for certiorari, arguing that when the company sold its patented seeds to a different farmer, who later sold the soybeans to the grain elevator, it exhausted its rights to that seed and all of its descendants. He was not required to sign a licensing agreement before buying “commodity” soybeans and thus claims that he was free to plant them and then save and replant each crop in future seasons. Monsanto reportedly contends that each generation is a separate product and that the…
The Maharashtra Food and Drug Administration (MFDA) has reportedly seized more than 1 million cans of Red Bull®, an energy drink containing 250-300 parts per million (ppm) of caffeine, on the ground that the product exceeds the 145 ppm limit for carbonated beverages. according to a press report, no separate standards for caffeine in energy drinks exist, but the Food Safety and Standard Act 2006 states that all drinks containing caffeine should follow the carbonated beverage rules. The nation’s Food Safety and Standards Authority is developing a new energy drink category that could allow higher caffeine content. The action is apparently the second in India; Tamil Nadu has also evidently targeted the beverage for exceeding caffeine limits. MFDA Commissioner Mahesh Zagade reportedly said, “Caffeine is addictive and it has a long-term impact. Youngsters today are increasingly consuming alcohol with Red Bull. Parents should be keeping a check on what their…
