A putative class action was reportedly filed in a California state court against Nestlé, alleging that the company falsely advertises its “Juicy Juice Brain Development Fruit Juice” as a product that will improve toddlers’ brain function. Plaintiff Alexis Farmer, who then dismissed the complaint without prejudice several days later, reportedly claimed that she purchased the company’s juice relying on labeling and advertisements stating that it contained DHA Omega-3, a “fatty acid especially important for brain development in children under two years old.” Farmer was seeking damages and injunctive relief; her complaint apparently alleged false and misleading advertising, unjust enrichment, fraud, and civil code violations. See Courthouse News, September 23, 2009. In a related development, Health Canada has apparently decided not to stop infant-formula manufacturers from claiming that DHA, in any amount, will support normal brain and eye development, particularly for children under two. The Canadian Food Inspection Agency asked the…
Tag Archives baby food
A UK-based consumer group recently released the results of a survey finding that some baby foods allegedly contain more saturated fat, salt and sugar by weight than popular adult snacks. The Children’s Food Campaign (CFC) apparently analyzed 107 products for infants or toddlers, claiming that only one-half met the Food Standards Agency’s (FSA’s) requirements for low fat, salt and sugar. According to CFC, “Farley’s Original Rusks contained more sugar than McVities Dark Chocolate Digestives, that Heinz Toddler’s Own Mini Cheese Biscuits had more saturated fat per 100g than a McDonald’s Quarter Pounder with Cheese, and that Cow & Gate Baby Balance Bear Biscuits contained trans fat and were not labeled in the way required.” CFC also called on the government to (i) “Obtain a commitment from all companies that produce food marketed for babies and young children to reformulate products to remove trans fats and reduce the amount of saturated fat,…
Researchers from the Centers for Disease Control and Prevention (CDC) recently published a study identifying perchlorate in 15 brands of powdered infant formula (PIF), which included products made from cow’s milk with lactose; cow’s milk without lactose; soy milk; and synthetic amino acids (elemental). Joshua G. Schier, “Perchlorate Exposure From Infant Formula and Comparisons With the Perchlorate Reference Dose,” Journal of Exposure Science and Environmental Epidemiology, March 18, 2009. The study authors purportedly found that some PIF samples exceeded the daily reference dose of 0.7 µg/kg per day set by the Environmental Protection Agency. More than one half of the formulas would exceed the reference dose when reconstituted with drinking water contaminated with 4 µg/l of perchlorate, according to the study. The CDC researchers have reportedly claimed that the two brands with the highest perchlorate levels comprise approximately 87 percent of the powdered milk market in the United States. Scientists…
A Chinese court in Shijiazhuang has reportedly agreed to accept a lawsuit filed by the parents of a child allegedly affected by the 2007 melamine contamination of milk and infant formula. Until this week, no court had accepted the litigation, a first step in securing compensation outside the administrative procedures established by the government. According to a news source, as many as 600 families refused to accept the compensation offers from the 22 dairy companies that agreed to provide payments ranging from US$290 to US$29,000. The families apparently believed the amounts were not enough to cover emotional suffering and other losses. The Beijing lawyer who filed the case that has been accepted reportedly indicated that it involves an 11-month-old girl who became sick from infant formula manufactured by the now-bankrupt Sanlu Group. The family is seeking about US$4,500, the smallest of the six lawsuits the lawyer has filed against milk…
The Seventh Circuit Court of Appeals has upheld a district court decision refusing to allow the sale of baby formula seized by the government in a civil forfeiture proceeding. U.S. v. Approx. 81,454 Cans of Baby Formula, No. 08-2637 (7th Cir., decided March 25, 2009). Federal agents seized more than 80,000 cans of powdered baby formula in February 2007 on suspicion that they had been stolen from retail stores. According to the court, many of the cans still had retail-store markings or evidence of altered labels, including the products’ “use by” dates. The court distinguished this case from one involving salad dressing, decided earlier in March, that had altered “best when purchased by” dates. Details about that case appear in issue 296 of this Update. Judge Richard Posner authored the opinions in both cases. A “use by” date on baby formula is mandatory under federal law; selling products after that…
An Italian magistrate has reportedly determined that Nestlé Italia and Tetra Pak International are liable for the “psychological prejudice” of parents who gave their daughters milk purportedly contaminated with chemicals from the carton. The milk was apparently withdrawn from sale in France, Spain, Portugal, and Italy in late 2005, over concerns about the leaching of IsopropilThioXantone, a chemical used in printing on the cartons, into the dairy product. Millions of liters of liquid baby milk were reportedly recalled, and a consumers’ organization indicates that the latest ruling is the first in Italy since the product was withdrawn from the market. See Agence France Presse, March 2, 2009.
South Korean regulators have reportedly detected a bacteria associated with infant meningitis and enteritis in a shipment of organic baby formula imported from France. The Korean National Veterinary Research and Quarantine Service (NVRQS) identified Enterobacter sakazaki in formula originating with the Bordeaux-based manufacturer Vitagermine, which stated that its products passed EU standards before shipment. The World Health Organization has categorized E. sakazaki as a harmful bacteria capable of causing serious illness and fatalities in people with weakened immune systems and infants. South Korea has apparently imported eight shipments of Vitagermine formula weighing a total of 1,492 kilos since 2007, according to NVRQS, which noted that six of these shipments reached the market. Vitagermine has agreed to allow French authorities to conduct additional testing to ensure the safety of their product. See FoodProductionDaily.com, February 28, 2009.
The Ninth Circuit Court of Appeals has denied the request by Gerber Products Co. to rehear the court’s April 2008 decision overturning the dismissal of putative class claims that the company’s Fruit Juice Snacks® packaging misled consumers. Williams v. Gerber Prods. Co., No. 06-55921 (9th Cir., amended opinion filed December 22, 2008). A detailed summary of the court’s April ruling appears in issue 258 of this Update. In its amended opinion, the court eliminated one sentence and reorganized two other sentences, but did not otherwise change its ruling that a detailed ingredients list in small type cannot shield a food manufacturer from liability for claims that its packaging misrepresents the quality of the product. “Instead, reasonable consumers expect that the ingredient list contains more detailed information about the product that confirms other representations on the packaging.” The product at issue, intended for toddlers, is sold in a package with images of…
FDA has reportedly detected the industrial chemical melamine and its byproduct cyanuric acid in additional cans of U.S.-manufactured infant formula, but stressed that the levels are below the safety threshold set for young children and infants. Four of the 89 infant formula products tested by FDA contained trace amounts of melamine or cyanuric acid, which are used during the manufacturing process as disinfectants and in some food packaging. FDA and other food safety experts have apparently stated that this trace contamination most likely occurred during processing and not as the result of intentional adulteration. See Food & Water Watch Blog, January 5, 2009; The Associated Press, January 7, 2009. Meanwhile, Chinese courts started criminal trials for six cattle farmers and milk collectors accused of making melamine protein powder and adding it to raw milk sold to Chinese dairies, including the government-owned Shijiazhuang Sanlu Group Co. Sanlu recently declared bankruptcy as a…
A Chinese court has reportedly refused to accept a lawsuit filed by dozens of families whose children were sickened or died from consuming infant formula contaminated with melamine. Apparently the first-known group lawsuit to arise in the wake of the scandal, the complaint sought nearly US$2 million from the state-owned Sanlu Group Co., the dairy company that allegedly produced the tainted products. According to a news source, Chinese courts often turn down group suits, preferring to deal with individual cases and avoid angering party officials. Some one dozen individual cases are currently pending in courts around the country, but they have not yet been accepted. A lawyer for the affected families reportedly indicated that the group lawsuit was ostensibly not accepted because government departments are still investigating. See Associated Press, December 8, 2008.
