The district court judge to whom this obesity-related litigation was reassigned in 2008 has dismissed motions to compel filed by plaintiffs and defendants, but has given the parties leave to renew after the court rules on motions for class certification. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., filed Sept. 30, 2002). Judge Robert Sweet recused himself from the proceedings following the pre-trial conference, held April 9, 2008, and the matter was reassigned to Judge Sidney Stein in May. The plaintiffs, a putative class of obese and overweight teens, alleged that the fast-food company misled them with deceptive ads. They are seeking damages for obesity-related health problems. Information about the lawsuit has periodically appeared in this Update since it was filed in 2002. It has been appealed twice to the Second Circuit Court of Appeals, its issues have been narrowed, and it has been followed closely by consumer advocates and the food…
ConAgra Foods, Inc. has reportedly filed a lawsuit against its umbrella insurer, seeking coverage for the claims that were filed by people who alleged injury from a Salmonella outbreak in 2007 linked to the company’s Sylvester, Georgia, peanut butter processing facility. ConAgra Foods, Inc. v. Lexington Ins. Co., No. 09C-02-170 (Del. Super Ct., New Castle Cty., filed February 19, 2009). The complaint alleges that Lexington Insurance Co. has failed to pay for any of the 2,400 claims settled or resolved to date. ConAgra reportedly anticipates an additional 20,000 cases from the outbreak. According to a news source, the company is seeking a declaratory judgment, compensatory and punitive damages, interest, and attorney’s fees. See Product Liability Law 360, February 24, 2009.
Aurora Dairy Corp., which is defending multidistrict litigation involving putative class claims that it sold its products as “organic” without following national organic program standards, has sued one of its insurance carriers in federal court seeking a declaration that the insurer has wrongly failed to provide defense coverage. Aurora Dairy Corp. v. Nationwide Agribusiness Ins. Co., No. 09-00346 (D. Colo., filed February 19, 2009). According to the complaint, “Aurora has been named in thirteen consumer class actions filed in the courts of six different states.” The claimants in those lawsuits allege a variety of causes of action including “that the milk provided by Aurora that they purchased allegedly exposed them, their families and their friends to pesticides, hormones, antibodies, and other chemicals and/or has generally caused them injury or damage.” Additional details about the underlying lawsuits appear in issues 251, 279 and 286 of this Update. Aurora claims that it has…
German authorities have reportedly asked the European Food Safety Authority (EFSA) to provide a risk assessment for 4-methylbenzophenone, a food packaging chemical similar to benzophenone and hydroxybenzophenone that both have a tolerable daily intake (TDI) of 0.01 mg/kilogram of body weight. Officials alerted EFSA through the Rapid Alert System for Food and Feed after a customer identified the common photo-inhibitor in a chocolate crunch muesli product at levels approaching 798 µm/kilogram parts per billion (ppb). The European Commission has also requested a reevaluation of the TDI set for the two related chemicals. EFSA anticipates that it will publish its assessment of 4-methylbenzophenone by March 3, 2009, with an opinion on other food contact materials, enzymes, flavorings and processing aids expected by the end of May. See FoodProductionDaily.com, February 24, 2009.
Health Canada has recommended adding acrylamide to the country’s list of toxic substances. The chemical is produced when sugars and an amino acid in starchy foods are cooked at high temperatures, causing a reaction called the Maillard effect. Acrylamide has been detected in breakfast cereals, pastries, cookies, breads and rolls, coffee, and potato products such as French fries and potato chips. The chemical’s presence at high levels in carbohydrate-rich foods was discovered in 2002 by the Swedish food safety authorities. It has apparently been found to cause cancer in laboratory rats. According to a notice published in the February 21, 2009, Canada Gazette, current consumption levels “may constitute a danger in Canada to human life or health.” Comments on the recommendation must be submitted by April 22. See Globe and Mail, February 21, 2009; Foodnavigator-usa.com, February 26, 2009. Meanwhile, research recently published in the American Journal of Epidemiology reportedly shows that…
The Environmental Protection Agency (EPA), which will hold hearings on genetically modified (GM) crops during the first week of March 2009, has reportedly received a statement submitted anonymously by 26 corn-insect specialists who apparently contend that biotechnology companies are preventing them from fully researching the effectiveness and environmental impact of the industry’s GM crops. To conduct their research, the scientists must evidently seek permission from the GM seed companies because the buyers of these products are often restricted by agreements requiring them to honor patent rights and environmental regulations. The researchers reportedly claim that the companies sometimes deny permission or insist on reviewing findings before they can be published. “No truly independent research can be legally conducted on many critical questions,” according to the statement. The scientists also apparently claim that the industry’s control of GM research means they are unable to provide farmers with some information about how to…
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have announced a public meeting on March 5, 2009, to discuss agenda items and draft U.S. positions for the Third Session of the Codex Committee on Contaminants in Foods (CCCF) slated for March 23-27, 2009, in Rotterdam, The Netherlands. Part of the Codex Alimentarius Commission established in 1963 by the Food and Agriculture Organization and World Health Organization, CCCF (i) sets maximum levels for contaminants and naturally occurring toxicants in food and feed; (ii) prepares priority lists of contaminants and naturally occurring toxicants for risk assessments by the Joint FAO/WHO Expert Committee on Food Additives; (iii) considers methods of analysis and sampling for contaminants and naturally occurring toxicants; and (iv) establishes other standards and codes of practice for related subjects. Specific agenda items for the session also include: (i) a draft practice code for the reduction of acrylamide…
The U.S. Department of Agriculture (USDA) has announced that mandatory country-of-origin labeling (COOL) will take effect as scheduled on March 16, 2009. Pursuant to an Obama administration memorandum, USDA reviewed the final rule that requires country-of-origin labeling for muscle cuts and ground beef, veal, pork, lamb, goat, and chicken; wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; and peanuts, pecans, macadamia nuts, and ginseng sold by some retailers. Agriculture Secretary Tom Vilsack also issued an open letter to industry that urged companies to adopt several voluntary measures, such as multiple countries-of-origin designations and additional information about each production step. Further noting that the final rule’s definition of processed foods “may be too broadly drafted,” Vilsack stated that COOL might also be applicable to products subject to “curing, smoking, broiling, grilling, or steaming.” Meanwhile, the American Meat Institute (AMI) has reportedly welcomed COOL implementation after taking an active…
With critics and supporters lined up to do battle over President Barack Obama’s proposed $3.55 trillion fiscal year (FY) 2010 budget, the ultimate outcome for proposals relating to food safety and agricultural subsidies is a question mark. Still, the administration has proposed more than $1 billion for the Food and Drug Administration (FDA) to increase inspections of food facilities and protect the nation’s food supply, an additional $1 billion for the U.S. Department of Agriculture’s (USDA’s) child nutrition programs, as well as a $20 billion increase in food stamps. Additional funds would be provided for enforcement of the National Organic Program. To pay for such spending increases, the proposed budget would reportedly phase out direct payments to farmers making more than $500,000 in annual sales, reduce spending on crop insurance premiums, eliminate the promotion of branded agricultural products, and impose user fees at the Grain, Inspection, Packers and Stockyards Administration;…
The House of Lords Science & Technology Committee has created a subcommittee to investigate the use of nanotechnology in the food sector. Led by Lord John Richard Krebs, the inquiry will focus on food products, additives and supplements; food contact packaging; food processing; animal feed; pesticides and fertilizers; and food containers and utensils. “We intend to highlight those areas where our understanding of the use of nanotechnologies in food needs the most urgent attention, allowing us to take action to ensure appropriate steps are taken,” Krebs was quoted as saying. See Foodbev.com, February 4, 2009. The subcommittee has also issued a call for evidence seeking input on a range of issues involving (i) the state of the science and its current use in the food sector; (ii) health and safety; (iii) regulatory framework; and (iv) public engagement and consumer information. The deadline for written submissions is March 13, 2009. See House…
