According to news sources, a federal court in New Jersey has dismissed putative class claims filed by a vegan advocacy organization on behalf of state residents alleging consumer fraud against companies that sell hot dogs and processed meats. The Cancer Project, identified as an affiliate of the Physicians Committee for Responsible Medicine (PCRM), had asked the court to order companies such as Nathan’s Famous, Kraft Foods/Oscar Mayer, Sara Lee, ConAgra Foods, and Marathon Enterprises, to warn consumers that “Consuming hot dogs and other processed meats increases the risk of cancer.” The case was filed in a state court in July 2009; more information is available in issue 312 of this Update. A spokesperson for the American Meat Institute praised the court’s action and reportedly said, “Meat products are regulated and inspected by the U.S. Department of Agriculture and bear the federal government’s seal of inspection, showing they are wholesome and…
A federal court in Illinois has dismissed putative class claims alleging that Denny’s Corp. fails to inform consumers that some of its menu items contain excessive levels of salt. Ciszewski v. Denny’s Corp., No. 09-5355 (N.D. Ill., decided April 7, 2010). Additional information about the case can be found in issue 318 of this Update. The court determined that the named plaintiff failed to sufficiently plead a violation of the state’s consumer fraud statute because he failed to identify any particular deceptive communication generated by Denny’s. Indeed, plaintiff made clear that his claim was based on alleged deceptive omissions. Because Illinois law requires “some communication from the defendant, either a communication containing a deceptive misrepresentation or one with a deceptive omission,” the court ruled that he had “failed to plead the circumstances constituting the fraud with sufficient particularity.” With the fraud claim dismissed, the court also dismissed derivative unjust enrichment…
A federal court in Wisconsin has reportedly denied the motion to dismiss filed by Dean Foods Co. in antitrust litigation brought by the U.S. Department of Justice (DOJ) and the attorneys general of three states, challenging the company’s acquisition of a milk producer in 2009. U.S. v. Dean Foods Co., No. 10-59 (E.D. Wis., filed January 2010). More details about the case can be found in issue 335 of this Update. While the court’s ruling rejects Dean Foods’ claim that the complaint lacked sufficient details, the court expressed some concerns about the government’s pleading, criticizing “structural issues” and “a lack of specificity in content.” A Dean Foods spokesperson was quoted as saying,” We believe our acquisition of Foremost Farms is promoting competition in the region and has already produced benefits for consumers and farmers. We continue to believe that the government’s complaint against us is unfounded.” Noting the court’s “recognition…
The Liverpool City Council is reportedly considering a ban on the word “obesity” after the Liverpool Schools Parliament, a student body organization, expressed concern that some could find the term offensive. Although some experts have apparently disputed this contention, suggesting that the word adequately reflects the severity of the health condition, students argue that the stigma “would turn people off, particularly young people,” as one youth representative told the press. The proposal would require the council to use the description “unhealthy weight” in all literature geared toward children. “We can’t change government terminology or clinician terminology, but we can look at changing how we communicate weight issues in council reports and in our communications with children,” a council spokesperson was quoted as saying. See BBC News, April 12, 2010; The Telegraph, April 13, 2010. Meanwhile, a South Yorkshire community has also attracted considerable media attention for its aborted plan to…
Assembly members have introduced a bill (A10665) similar to legislation in effect in New York City, that would restrict the use of artificial trans fats in foods sold in restaurants and retail food stores. Sponsored by Assemblymen Felix Ortiz (D-Brooklyn) and Richard Gottfried (D-Manhattan), the trans fat bill would not allow the use or sale of foods containing trans fat unless sold in the manufacturer’s original sealed and properly labeled package. The measure would take effect as to “oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads,” 180 days after the bill is passed, and would be effective December 31, 2011, as to “oils or shortenings used for deep frying of yeast dough or cake batter and all other foods containing artificial trans fat.” The law would not apply to products containing less than 0.5 grams of trans fats per serving. Sponsored by Assemblywoman Barbara…
The Romanian government has reportedly proposed a tax on fast foods high in fat, sugar and salt. Backed by the European Public Health Alliance, the health ministry has sought to create the world’s most comprehensive tax scheme that would include, not just sugary foods and beverages, but savory fare as well. Proponents have claimed that the measure would help combat rising obesity rates in the Balkan nation while simultaneously raising £860 million for government coffers. But legislators have apparently struggled to define fast food as they consider more than 40,000 products eligible for the levy. They have already exempted popular street fare like pizza and kebabs on the ground that these items are often made from fresh ingredients, drawing further criticism from detractors who have questioned the proposal’s uneven application. In addition, the World Health Organization has noted that the plan penalizes vulnerable populations in a country where the average…
The European Food Safety Authority’s (EFSA’s) Panel on Food Additives and Nutrient Sources has assessed “the safety of steviol glycosides, sweeteners extracted from plant leaves, and established an Acceptable Daily Intake [ADI] for their safe use.” According to EFSA, toxicological testing showed that the substances, such as stevioside and rebaudioside, “are not genotoxic, nor carcinogenic, or linked to any adverse effects on the reproductive human system or for the developing child.” The panel has set an ADI for steviol glycosides of 4mg per kg body weight per day, a level “consistent” with the joint recommendation of the U.N. Food and Agriculture Organization and World Health Organization. As the panel noted, however, “this ADI could be exceeded by both adults and children if these sweeteners are used at the maximum level proposed by the applicants” seeking authorization to market the sweetener. In light of this assessment, the European Commission must now…
The U.S. Department of Agriculture’s (USDA’s) National Organic Standards Board (NOSB) has requested nominations for five upcoming vacancies. The 15-member board is charged with developing and recommending a proposed National List of Allowed and Prohibited Substances. NOSB is seeking two organic producers, two “consumer/public interest” individuals and a USDA-accredited certifying agent to serve five-year terms. Written nominations must be postmarked on or before July 17, 2010. See Federal Register, March 22, 2010.
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a directive that revises its list of suitable ingredients that can used in the production of meat, poultry and egg products. FSIS will update the directive quarterly by issuing revisions as opposed to amendments. FSIS has added hypobromous acid and oat filler as suitable ingredients for certain processes. Hyporomous acid, which can kill the cells of many pathogens, may be used in water or ice under specific conditions to process meat and poultry products. Oat filler can be used in various meat products where binders are permitted and in whole muscle meat products “not to exceed 3.5 percent of the product formulation.” Oat filler must be listed as an “isolated oat product” or “modified oat product” in the ingredients statement and whole muscle meat products must be descriptively labeled.
The U.S. Department of Agriculture’s (USDA’s) Office of Inspector General (IG) has released a report, which finds that the federal government’s “national residue program is not accomplishing its mission of monitoring the food supply for harmful residues” of veterinary drugs, pesticides and heavy metals. According to the report, federal agencies have failed to establish thresholds for “dangerous substances” such as copper or dioxin, an omission that “has resulted in meat with these substances being distributed in commerce.” The IG also found that USDA’s Food Safety and Inspection Service (FSIS), which is responsible for the national residue program, “does not attempt to recall meat, even when its tests have confirmed the presence of veterinary drugs.” Among other matters, the report calls for (i) better coordination among FSIS, the Environmental Protection Agency and the Food and Drug Administration; (ii) an expansion of the substances these agencies test for; (iii) improvements to the…
