A federal court in New York has reportedly consolidated three putative class actions against Frito-Lay North America Inc. involving claims that the company falsely advertised its chips as “all natural” despite using genetically modified corn and oil in the products. In re: Frito-Lay N. Am. Inc. “All-Natural” Litig., No. 12-00408 (E.D.N.Y., order entered March 20, 2012). Two of the suits were filed in December 2011 in California, and the plaintiffs agreed to transfer the claims to New York where a similar action had been filed in January 2012. The parties reportedly stipulated to the consolidation “to streamline the litigation and conserve judicial resources.” See Law 360, March 21, 2012.
A California resident has filed a putative class action in federal court against the Jamba Juice Co., alleging that it falsely advertises its fruit smoothie kits as “All Natural,” when they actually contain “unnaturally processed, synthetic and/or non-natural ingredients,” such as ascorbic acid, citric acid, xanthan gum, and steviol glycosides. Anderson v. Jamba Juice Co., No. 12-1213 (N.D. Cal., filed March 12, 2012). Plaintiff Kevin Anderson brings the action in federal court under the Class Action Fairness Act, claiming that the damages will exceed $5 million and that the class includes more than 100 individuals who have citizenship diverse from that of the defendant. Anderson alleges that he and a nationwide class of consumers “did not receive the benefit of their bargain when they purchased the smoothie kits. They paid money for a product that is not what it claims to be.” Contending that the defendant “is a leading healthy…
A federal magistrate judge in New York has ordered the Food and Drug Administration (FDA) to begin proceedings to withdraw approval for the subtherapeutic use of certain antibiotics in animal feed, agreeing with the Natural Resources Defense Council (NRDC) and a coalition of advocacy organizations that the agency had a statutory duty to hold withdrawal proceedings after issuing notices in 1977 of its intent to withdraw approval because the use of such drugs had not been shown to be safe. NRDC v. FDA, No. 11-3562 (S.D.N.Y., decided March 22, 2012). According to the court, “if the Secretary finds that an animal drug has not been shown to be safe, he is statutorily required to withdraw approval of that drug, provided that the drug sponsor has notice and an opportunity for a hearing.” Further details about the lawsuit appear in Issue 396 of this Update. Questions about whether the agency has…
Scottish Health Minister Michael Matheson has reportedly written to U.K. Health Secretary Andrew Lansley, urging him to support a ban on all TV advertising for foods high in fat, sugar and salt (HFSS) before the 9 p.m. watershed. According to media sources, Matheson cited OfCom studies allegedly indicating that, while children’s broadcasting adheres to strict advertising restrictions, young viewers were still seeing ads for HFSS foods during programs intended for older audiences such as talent shows. “Broadcast advertising influences the choices made by children and can shape their attitudes to food as they grow into adulthood,” Matheson was quoted as saying. “Tackling obesity and encouraging people to make healthier life choices is one of the most important things we can do to improve the health of our nation.” Although the initiative has since been lauded by groups like the National Heart Forum and British Medical Association, it has also drawn…
The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has issued a 66-page proposed rule that would update import rules for bovine spongiform encephalopathy (BSE). The topic was discussed in Issue 427 of this Update. Current U.S. trade rules prohibit beef imports from countries that have outbreaks or high risks of BSE, commonly known as mad cow disease. Under the proposal, APHIS would adopt criteria used by the World Organization for Animal Health (OIE) that identify a country’s BSE risks as negligible, controlled or undetermined. Basing its import policy for a particular country on that country’s risk classification, APHIS would also conduct its own assessment, such as when a country is not yet classified by the OIE for BSE risk and requests APHIS to conduct a risk evaluation using OIE criteria. Countries would be considered an undetermined BSE risk unless officially recognized as negligible or controlled. Calling…
The National Consumers League has written to Food and Drug Administration (FDA) Commissioner Margaret Hamburg, asking the agency to take enforcement action against several companies that label their products as “100%” lemon juice, while they actually contain 35 percent or less lemon juice. According to the March 21, 2012, letter, “The products tested omit requisite amounts of real lemon juice and substitute water, citric acid, and in some cases sugar. The cheating is concealed by labeling the products as ‘100%’ lemon juice or simply ‘Lemon Juice from concentrate,’ and the producers make it appear that the products are of greater value than they really are.” Included with the letter are labels from four different products and lab reports from the company that apparently tested them. The National Consumers League characterizes the juice as “heavily diluted with water beyond what is necessary and appropriate to reconstitute the product.” Its letter also…
A study has claimed that trans fat consumption among healthy postmenopausal women is associated with an increased risk for ischemic stroke, although extended aspirin use seemed to mitigate that risk. Sirin Yaemsiri, et al., “Trans Fat, Aspirin, and Ischemic Stroke in Postmenopausal Women,” Annals of Neurology, March 2012. Researchers relied on data from 87,025 women ages 50 to 70 years who were enrolled in the Women’s Health Initiative Observational Study, identifying 1,049 cases of ischemic stroke during the 663,041 person years of follow-up. The results evidently suggested that “women in the highest quintile of trans fat intake had a 39 percent greater incidence of ischemic stroke than women in the lowest quintile.” Moreover, this risk was apparently amplified among the group of non-aspirin users, where those in the top quintile of trans fat intake had a 66 percent higher incidence of ischemic stroke than those in the lowest quintile. Among aspirin…
A study based on 42,883 men enrolled in the Health Professionals Follow-up Study has allegedly determined that those who drank one 12 ounce sugar-sweetened beverage (SSB) per day increased their coronary heart disease (CHD) risk by 20 percent over those who did not drink any SSBs. Lawrence de Koning, et al., “Sweetened Beverage Consumption, Incident Coronary Heart Disease and Biomarkers of Risk in Men,” Circulation, March 2012. Led by Harvard School of Public Health researchers Lawrence de Koning and Frank Hu, the study, which reported 3,683 CHD cases over 22 years of follow-up, concluded that participants “in the top quartile of sugar-sweetened beverage intake had a 20 percent higher relative risk of CHD than those in the bottom quartile” while also exhibiting “some adverse changes in lipids, inflammatory factors, and leptin.” “This study adds to the growing evidence that sugary beverages are detrimental to cardiovascular health. Certainly, it provides strong justification for…
A recent Harvard School of Public Health (HSPH) study has claimed that daily meat consumption is associated with an increased risk of mortality from cardiovascular disease (CVD), cancer and other causes. An Pan, et al., “Red Meat Consumption and Mortality,” Archives of Internal Medicine, March 2012. Relying on data from 37,698 men in the Health Professionals Follow-up Study and 83,644 women in the Nurses’ Health Study, researchers assessed participant diets using questionnaires administered every four years. The results reportedly suggested that consuming one three-ounce serving of unprocessed red meat each day “was associated with a 13% increased risk of mortality,” while one daily serving of processed red meat such as bacon, sausage or salami “was associated with a 20% increased risk.” According to a March 12, 2012, HSPH press release, the findings accounted for “chronic disease risk factors such as age, body mass index, physical activity, family history of heart…
A marketing company that bills itself as a “champion of authentic green marketing” and crusades against product “greenwashing” claims has launched a new website on which the health-related claims of food and fitness products can be rated. EnviroMedia Social Marketing created the online tool to expose “exaggerated or misleading health claims through advertising, marketing or packaging,” a practice it has dubbed “leanwashing.” When visited on March 15, 2012, the website, which uses a 1-5 rating scale with 1 corresponding to “authentic” ad claims and 5 corresponding to “bogus” product representations, listed a number of sugary cereal products at the high end of the scale and products such as POM Wonderful 100% Pomegranate juice on the low end. Children’s products are rated using a separate set of criteria. Consumers are urged to post and rate ads on the site. See BusinessWire, March 13, 2012.
