Seeking to certify a nationwide class of consumers, a California resident has filed consumer fraud claims against a company that makes numerous breakfast-, dessert- and bread-mix products promoted as “All Natural,” while containing purported synthetic ingredients, such as ascorbic acid, disodium phosphate, potassium carbonate, and sodium acid pyrophosphate. Larsen v. King Arthur Flour Co., Inc., No. 11-5495 (N.D. Cal., filed November 14, 2011). The complaint focuses on 64 specific products carrying “All Natural” labels and identifies which alleged synthetic ingredient is contained in each. The plaintiff alleges that she “did not receive the ‘All Natural’ baking mixes she bargained for . . . and has lost money as a result in the form of paying a premium for King Arthur’s Mixes because they were purportedly all natural rather than paying the lesser amount for non-natural alternatives.” The complaint, which also seeks to certify a sub-class of California consumers, alleges common…
Attorneys involved in the settlement of injury claims linked to Salmonella-contaminated eggs traced to Wright County Egg in Iowa have reportedly told the Associated Press that the first checks, issued by the egg producer’s insurer, are on their way to the first of dozens of individuals sickened during the 2010 outbreak. Among the first wave of legal settlements are six-figure checks issued on behalf of several children. Although most of the settlement’s terms are confidential, a federal judge in Iowa apparently approved deals in open court on November 10, 2011, totaling $366,000 for three children residing in California, Iowa and Texas. Because they were hospitalized, they are receiving higher amounts than those not as seriously stricken. See MSNBC. com, November 16, 2011.
A federal court in California has entered an order certifying a class in consolidated lawsuits alleging that the company which produces Nutella® falsely advertises its product as healthy and beneficial to children despite making the hazelnut spread with “dangerous levels of fat and sugar.” In re Ferrero Litig., No. 11-205 (S.D. Cal., decided November 15, 2011). The court limited the class to California consumers, agreeing with the defendant that California law could not be applied to the claims of non-California class members who neither saw the advertisements nor purchased the product in the state. Because the defendant is a Delaware corporation that does business from its New Jersey headquarters and the product is made in Canada, the non-California class members would also have been unable to show that their claims arose out of conduct that occurred in California. The court refused to certify an 11-year class, noting that nationwide TV ads for…
The California Department of Food and Agriculture (CDFA) has issued a statewide recall and quarantine order for raw or unpasteurized milk products implicated in five cases of E. coli O157:H7. According to CDFA, the recall includes raw milk, raw butter, raw cream, raw colostrum, and a raw product called “Qephor” produced by Fresno-based Organic Pastures dairy, which is barred from selling these items “until further notice.” “While laboratory samples of Organic Pastures raw milk have not detected E. coli O157:H7 contamination, epidemiologic data… links [sic] the illnesses with Organic Pastures raw milk,” states a November 15, 2011, CDFA press release explaining that the five known cases apparently involved children whose only common food exposure was unpasteurized milk. The agency has also started “a complete inspection at Organic Pastures dairy—of all facets of operations, from the cows to the bottling plant,” where the quarantine will only be lifted once the facility…
Congress has approved and President Barack Obama (D) has signed a bipartisan agricultural spending bill (H.R. 2112) that will block or delay regulations aimed at making school lunches healthier. Signed into law on November 18, 2011, the bill will, among other things, prohibit the U.S. Department of Agriculture (USDA) from limiting starchy vegetables, such as potatoes, to two servings a week and will continue to allow two tablespoons of tomato paste to count as a vegetable. It will also require further study of USDA’s long-term sodium reduction requirements that would reduce by half the amount of sodium in school meals over the next 10 years. Although some lawmakers claim that the bill will prevent costly regulations and provide school districts greater flexibility in improving the quality of school meals, critics assert that it will keep schools from serving an array of vegetables while allowing foods such as french fries to remain…
The attorneys general of a number of states have submitted a comment to the Federal Trade Commission (FTC) taking issue with several aspects of a proposed settlement agreement with the company that makes the caffeinated alcoholic beverage Four Loko®. Additional information about the proposed settlement appears in Issue 412 of this Update. Attached to the November 16, 2011, letter are numerous Facebook comments by individuals who apparently “like” various Four Loko® photos, press announcements and news items. The AGs express their concern that FTC will allow Phusion “to market as much as 2.5 servings of alcohol (1.5 oz of ethanol) as if it were one serving and avoid the Order’s requirements for label disclosure and resealability, and its prohibition against depicting consumption directly from the can. By condoning the marketing of ‘single serving’ FMBs [flavored malt beverages] with 2.5 servings of alcohol, the Order would undermine federal guidelines for moderate…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced a January 18, 2012, public meeting in Washington, D.C., to consider draft U.S. positions to be presented during the 6th session of the Ad Hoc Intergovernmental Task Force on Animal Feeding of the Codex Alimentarius Commission on February 20-24 in Berne, Switzerland. The January agenda includes discussion of draft risk assessment guidelines for feed and a proposed list of feed hazards. See Federal Register, November 17, 2011.
The Food and Drug Administration (FDA) has issued a final rule requiring animal and pet food labels to list “the common or usual names” of any certified color additives used in the products. Issued in response to the Nutrition Labeling and Education Act of 1990, the final rule brings animal food labeling in line with current human food regulations by adding “paragraph (k) to the animal food labeling regulations at § 501.22 (21 CFR 501.22).” The first part of paragraph (k) explains that any FDA-certified color additive used in animal foods “must be declared in the ingredient list” under the name listed in 21 CFR part 74 or 21 CFR part 82, although manufacturers are permitted to “parenthetically declare an appropriate alternative name of the certified color additive following its common or usual name.” In addition, the new rules require that the term “Lake” be included “in the declaration of…
A recent study funded by the Robert Wood Johnson Foundation (RWJF) has suggested that school soft drink bans do little to curb sugar-sweetened beverage (SSB) consumption among adolescents. Daniel Taber, et al., “Banning All Sugar-Sweetened Beverages in Middle Schools,” Archives of Pediatrics and Adolescent Medicine, November 2011. Researchers in 2004 and 2007 surveyed approximately 7,000 fifth and eighth graders from public schools in 40 states, concluding that “SSB consumption was not associated with state policy.” In middle schools with no SSB policy and those that prohibited only soda sales, close to 30 percent of the students reported purchasing SSBs, including energy or fruit drinks, on campus. Moreover, the study found that state policies banning all SSBs in middle schools “appear to reduce in-school access and purchasing of SSBs but do not reduce overall consumption.” “We found that banning only sodas does nothing to stop kids from buying sugary drinks at…
According to Bloomberg reporters Robert Langreth and Duane Stanford, as researchers publish more studies suggesting that processed foods and sugary drinks have drug-like effects on the brain, “the science of addiction could become a game changer for the $1 trillion food and beverage industries.” In their November 2, 2011, article “Fatty Foods Addictive Like Cocaine in Growing Body of Scientific Research,” the authors contend that if these types of foods and beverages “are proven to be addictive, food companies may face the most drawn-out consumer safety battle since the anti-smoking movement took on the tobacco industry a generation ago.” While industry executives and lobbyists apparently refute these claims, insisting that people do not rob banks “to get the money to buy a candy bar or ice cream or pop,” they are facing a growing body of studies suggesting that foods high in fat and sugar affect brain reward circuits in…
