The London shop that sells ice cream made with donated breast milk has reportedly been cleared to continue selling the product after government tests determined it was fit for human consumption. Additional details about the investigation into Baby Gaga ice cream appear in Issue 384 of this Update. The owner of Icecreamists, the store that sells the product, is apparently considering legal action against the Westminster Council, which confiscated the product for quality-control tests. Owner Matt O’Connor was quoted as saying, “They should have waited until they got the tests back before saying our product could have been a risk to the public.” Meanwhile, attorneys for pop superstar Lady Gaga have sent a cease and desist letter to the ice cream store, accusing it of unfairly cashing in on her name and image and demanding that it stop using the Baby Gaga name. They reportedly called the ice cream “nausea-inducing,”…
The U.K. pork industry has reportedly staged a protest at Whitehall, claiming that retailer price cuts and increased feed costs have driven the sector “to the brink of collapse.” Backed by the Agriculture and Horticulture Development Board’s British Pig Executive (BPEX) and the National Pig Association (NPA), the “Pigs Are Still Worth It” campaign has criticized supermarkets for reaping “record profits” while domestic feed prices have soared 30 percent, cutting into producer margins. “We need retailers to remind their buyers of the importance of supporting British pigmeat production with its high welfare and quality assurance standards,” stated NPA Chair Stewart Houston in an open letter, which highlighted a similar crisis in 2007 and 2008. In addition to meeting with government representatives, the groups have circulated a petition asking retailers “to pay pig producers a fair price—before it’s too late.” They have also reportedly urged consumers to avoid some large grocery chains…
The American Academy of Pediatrics (AAP) and the Alliance for a Healthier Generation have selected Eric Carle’s The Very Hungry Caterpillar as literary fodder for their anti-obesity campaign, distributing copies of the best-selling children’s book to 17,500 pediatrician offices across the United States. The iconic story follows a caterpillar’s transformation from larva to butterfly while emphasizing the importance of good nutrition, with the insatiable protagonist experiencing a stomachache after binging on chocolate cake, ice cream and other treats. According to a March 8, 2011, press release, doctors will also receive “growth charts and parent handouts that encourage doctors and parents to have meaningful conversations about the importance of healthy eating.” “Parents and doctors both play an enormously important role in ensuring children develop healthy eating habits early on in life,” said President Bill Clinton on behalf of the William J. Clinton Foundation, which founded the Alliance for a Healthier Generation…
The National Consumers League (NCL) recently filed formal comments with the Food and Drug Administration (FDA), opposing a petition to register “corn sugar” as an alternative name for high-fructose corn syrup (HFCS). Claiming that the change “would be inconsistent with longstanding FDA common or usual name regulations,” NCL argues that “permitting HFCS to be called ‘corn sugar’ would allow manufacturers to conceal this ingredient from consumers.” “HFCS has been the name of the ingredient since FDA’s original GRAS affirmation regulation in 1983,” writes NCL Executive Director Sally Greenberg in a letter warning that the science is still evolving. “If it should turn out that HFCS does contribute to higher caloric intake, and therefore obesity, or other adverse health outcomes, a regulatory decision that would allow manufacturers to hide this ingredient from consumers could come back to haunt FDA.” See FoodNavigator-USA.com, March 8, 2011; NCL Press Release, February 10, 2011.
The Sisters of St. Francis of Philadelphia, who hold about $2,000 of common stock in McDonald’s Corp., joined by nuns from orders in other states, have reportedly submitted a shareholder proposal seeking a report “within six months of the 2011 annual meeting, assessing the company’s policy responses to public concerns regarding linkages of fast food to childhood obesity, diet-related diseases and other impacts on children’s health.” They also want to know how these public concerns potentially affect “the company’s finances and operations.” The “whereas” clause of the proposal contends that “the contribution of the fast food industry to the global epidemic of childhood obesity and to diet-related disease, such as diabetes, cancer and cardiovascular disease, have become a major public issue,” and cites a number of studies about the incidence and costs of obesity, as well as actions taken by policymakers involving fast food marketing to children and menu-labeling. The…
A California resident has filed a putative class action against the companies that make, distribute and sell Four Loko®, a 6- to 12-percent alcoholic beverage with caffeine. Richardson v. Phusion Projects, LLC, No. 11-0456 (S.D. Cal., filed March 4, 2011). The plaintiff alleges that she purchased Four Loko Fruit Punch at $3 per can based on its advertising and labeling, which purportedly failed to warn her “of the particular dangers of drinking a caffeinated beverage with high alcoholic content.” She alleges that she was misled into purchasing a dangerous beverage and claims “injury in fact and a loss of money or property in that she has been deprived of the benefit of her bargain and has spent money purchasing Four Loko at a price premium when it actually had significantly less value than was reflected in the price she paid for it.” The complaint alleges unfair competition, false advertising, violation…
The Cornucopia Institute, a consumer watchdog and proponent of “family-scale farming,” has reportedly filed a complaint with the Federal Trade Commission (FTC), alleging that an Oregon-based cereal maker is misleading consumers with its “all natural” product claims. According to the institute, Hearthside Food Solutions, which makes Peace Cereal, labels its products as “natural” and then states on its website that “natural foods are foods without pesticides or artificial additives, as well as being minimally processed and preservative-free.” Noting that the federal government has not adopted a definition of or requirements for “natural” food products, the Cornucopia Institute alleges that by using conventionally grown food ingredients, Hearthside is selling products routinely sprayed with pesticides and herbicides. Peace Cereal was apparently certified organic in the past, but has not been since 2008. Yet, according to the Cornucopia Institute, stores in several states continue to carry “organic” signs on shelves containing non-organic Peace…
U.S. attorneys in New York have filed a complaint against three veal producers for allegedly exporting meat containing vertebral column to Japan, which had just reopened its borders to U.S. imports after a two-year ban over a bovine spongiform encephalopathy (“mad cow”) scare. United States v. Atl. Veal & Lamb LLC, No. 11-1034 (E.D.N.Y., filed March 3, 2011). Under U.S.-Japan trade agreements, beef and beef products cannot contain vertebral column, and when Japanese inspectors discovered the breach, it immediately again closed its borders to U.S. beef imports, allegedly costing the U.S. livestock, beef and meat industry “at least $500 million in losses.” The prosecutors seek to enjoin the defendants from violating U.S. Department of Agriculture regulations and allege that unless enjoined, the companies “will continue to sell and offer for transportation in commerce misbranded meat and meat food products for human consumption abroad that fail to comply with [export verification]…
A federal court in California has denied a motion for summary judgment filed by the company that makes YoPlus® probiotic yogurt and certified a class of consumers alleging that it misled them in its product marketing. Johnson v. General Mills, Inc., No. 10-00061 (C.D. Cal., summary judgment denied March 3, 2011; class certification granted March 7). The court disagreed with the company’s attempt to characterize its product statements as “either true or . . . untestable and subjective statements of opinion” or “mere puffing.” According to the court, General Mills sought to “isolate each particular statement or image and divorce it from its full context.” Rather, the court determined that “properly considered in context, General Mills successfully communicated a ‘common message that eating Yo-Plus aids in the promotion of digestive health in ways that eating normal yogurt does not.’” The court reportedly granted class certification from the bench. See Law360, March…
A federal court in California has reportedly fined King Tuna $1.8 million for marking its products with a patent number despite not following the patented process in preparing its fish. King Tuna v. Anova Food, Inc., No. 07-07451 (C.D. Cal., decided February 24, 2011). The patent apparently related to pre-cooling filtered wood smoke before applying it to tuna. King Tuna sued a competitor alleging that the patent had been infringed; the competitor countersued claiming, among other matters, that King Tuna had falsely advertised and falsely marked its products. While most recent litigation involving the false-marking statute involves expired patents, this case apparently involved a valid patent. According to the court, King Tuna’s false advertising and marking “could not have been a mere innocent oversight,” because the company, while claiming that its preservation process involved filtered wood smoke, never pre-cooled the wood smoke “as required by the “619 patent.” To determine…
