The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has announced its decision to partially deregulate the Roundup Ready® sugar beets developed by the Monsanto Co. These genetically engineered (GE) sugar beets resist the company’s Roundup Ready® herbicide. A court previously determined that APHIS violated the National Environmental Policy Act by deregulating the sugar beets without conducting an environmental impact statement (EIS). APHIS’s interim action was taken on the basis of its finding of no significant impact on human health or the environment by the GE sugar beet root crops and will remain in effect until its EIS is completed in 2012. The agency’s action means that farmers can continue planting GE sugar beets under mandatory conditions that will restrict their movement and environmental release. According to APHIS, these conditions will ensure “that the implementation of this interim regulatory action will not result in any environmental impacts…
The National Research Council (NRC) recently issued a report suggesting that past smoking and current obesity levels are major reasons why U.S. life expectancy at age 50, though still rising, has not kept pace with that of other high-income countries, such as Japan and Australia. Sponsored by the National Institute on Aging’s Division of Behavioral and Social Research, the report explained that the health consequences of smoking, which 30 to 50 years ago was “much more widespread in the U.S. than in Europe or Japan,” continue to influence today’s mortality rates. It anticipated, however, that “life expectancy for men in the U.S. is likely to improve relatively rapidly in coming decades because of reductions in smoking in the last 20 years,” while women’s mortality rates “are apt to remain slow for the next decade.” The report also concluded that current obesity rates “may account for a fifth to a third of…
“People with food allergies live under a constant threat, in a society that is still poorly informed about the condition,” writes New Yorker medical correspondent Jerome Groopman about this rapidly evolving branch of immunology. His article traces the history of food allergy studies, which at first recommended restricting common allergens—milk, corn, soy, citrus, wheat, eggs, peanuts, and fish—during pregnancy, nursing and the first two years of life. In theory, according to Groopman, this measure would keep babies “away from potentially allergenic foods until their immune systems had developed sufficiently.” But the increasing number of diagnosed food allergies in the United States and other developed countries has since cast doubt on this practice, leading specialists to consider alternative causations and subsequently overturn the infant dietary advice issued in 2000 by the American Academy of Pediatrics. “From an evolutionary-biology point of view, food allergy makes no sense at all. It seems pretty clear that…
This article summarizes recent research, including a November 2010 literature review in The Mayo Clinic Proceedings, that has questioned the effectiveness and safety of energy beverages (E.B.’s). According to Times journalist Jane Brody, the Mayo study “noted that the drinks contain high levels of caffeine and warned that certain susceptible people risk dangerous, even life-threatening effects on blood pressure, heart rate and brain function.” In addition to recording “four documented cases of caffeine-associated death,” the authors also expressed concern about “whether long-term use of E.B.’s by [teens and young adults] will translate into deleterious effects later.” As one of the contributors, Troy Tuttle, reportedly said in an interview, “Almost all the studies done on energy drinks have involved small sample sizes of young, healthy individuals in whom you’re unlikely to see short-term ill effects. But what about the long term? What about liver and cardiovascular disease, insulin resistance and diabetes?”…
The New York City Department of Health and Mental Hygiene has announced a new advertising campaign designed “to educate New Yorkers about the potentially serious health effects of consuming sugary drinks.” With the tagline “Pouring on the Pounds,” the health department’s latest installment features subway advertisements and a new TV commercial, the latter of which has sparked debate over its allegedly graphic content, including a close-up of a diabetic’s decaying toes. According to a January 31, 2011, press release, the 30-second spot aims to illustrate “how a daily routine of just a few sweetened drinks can cumulate to a whopping 93 packets of sugar by the end of the day.” “Too many sugar-sweetened drinks are fueling the obesity epidemic. Obesity and the serious health consequences that result are making hundreds of thousands of New Yorkers sick or disabled,” said New York City Health Commissioner Thomas Farley. “This new campaign shows…
Montana and California residents have sued Safeway, Inc. in a California state court on behalf of a putative nationwide class of customers that the company allegedly failed to notify about tainted food recalls despite the ability to contact purchasers of contaminated products through its “club card” loyal customer program. Hensley-Maclean v. Safeway, Inc., No. __ (Cal. Super. Ct., Alameda Cty., filed February 2, 2011). Backed by the Center for Science in the Public Interest (CSPI), the plaintiffs allege that they purchased Salmonella-tainted peanut butter and egg products from the grocery and learned only by chance on the news or from neighbors that the products were subject to a recall. According to the complaint, the company’s club card program gives the grocery contact information for participating customers and a history of the purchases they have made. The plaintiffs allege, “Many of Safeway’s competitors already use their own customer data to notify their…
A California resident who purportedly bought the hazelnut spread Nutella® to provide a nutritious snack or breakfast for her 4-year-old daughter has filed a putative class action against its manufacturer alleging violations of consumer protection laws. Hohenberg v. Ferrero U.S.A., Inc., No. 11-0205 (S.D. Cal., filed February 1, 2011). Seeking to represent a nationwide class of consumers who purchased the product since 2000, Athena Hohenberg claims that she relied on the company’s product advertisements and representations that Nutella® is a “healthy breakfast” and “nutritious.” According to the complaint, she did not learn until December 2010 “through friends what ingredients were in the Nutella® that she was feeding her family. She was shocked to learn that Nutella® was in fact not a ‘healthy’ ‘nutritious’ food but instead was the next best thing to a candy bar,” containing “about 70% saturated fat and processed sugar by weight.” Characterizing herself as a “reasonably…
A federal court in Missouri has denied in part and granted in part the summary judgment motions filed by Texas and Louisiana rice farmers as well as the company they sued in the first group of cases in this multidistrict litigation (MDL) to be remanded to their transferor courts for trial. In re: Genetically Modified Rice Litig., MDL No. 1811 (E.D. Mo., decided February 1, 2011). The litigation involves claims that conventional U.S. rice farmers sustained market losses when other countries learned that the U.S. rice supply had been contaminated with a genetically modified (GM) rice variety and then prohibited all U.S. imports. To date, the company has lost a number of bellwether trials and has entered settlements with some purportedly affected farmers. Relying on previous dispositive rulings, the court dismissed the Louisiana plaintiffs’ claims under the North Carolina Unfair Trade Practices Act and their claims for punitive damages. The court allowed…
The Environmental Protection Agency (EPA) has issued a proposed rule that would declare a prion a pest under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), thereby requiring products “intended to reduce the infectivity of any prion on inanimate surfaces” to register as pesticide. According to EPA, the proposed rule would codify the agency’s current interpretation of FIFRA and implement a 2003 decision that expressly includes proteinaceous infectious particles within the regulatory definition of “pest.” “This amendment, together with the formal declaration that a prion is a pest, will eliminate any confusion about the status of prion-related products under FIFRA,” states the proposed rule, which would direct any company seeking to sell or distribute a prion pesticide in the United States to obtain “a section 3 registration, section 24(c) registration, or a section 18 emergency exemption.” EPA will accept comments on the proposed rule until March 28, 2011. See Federal…
The U.S. Department of Agriculture, the Food and Drug Administration and the Office of the Under Secretary for Food Safety have announced a February 9, 2011, public meeting in College Park, Maryland, to provide information and receive public comments on draft U.S. positions to be discussed at the 22nd session of the Codex Committee on Fats and Oils (CCFO) on February 21-25 in Penang, Malaysia. CCFO “is responsible for elaborating worldwide standards for fats and oils of animal, vegetable, and marine origin, including margarine and olive oil.” Agenda items include (i) “Draft Amendment to the Standard for Named Vegetable Oils; Inclusion of Palm Kernel Olein and Palm Kernel Stearin”; (ii) “Code Practice for the Storage and Transport of Edible Fats and Oils in Bulk”; (iii) “Proposed Draft Amendment to the Standard for Olive Oils and Olive Pomace Oils: Linolenic Acid Level”; (iv) “Proposal for New Work on a Standard for…
