A California federal court has refused to dismiss a class action consolidated from nine lawsuits against PepsiCo, Inc. alleging that the company concealed its products’ content of 4-methylimidazole (4-MEI), a chemical listed as known to cause cancer or reproductive harm under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Sciortino v. Pepsico, No. 14-0478 (N.D. Cal., order entered June 5, 2015). The lawsuits were filed after a January 2014 Consumer Reports test reportedly found that the caramel coloring in PepsiCo sodas contained 4-MEI at levels higher than the Prop. 65 safety threshold of 29 micrograms. Details of a similar lawsuit dismissed in March 2015 requesting medical monitoring appear in Issue 557 of this Update. The court first discussed the notice requirements under Prop. 65, which require 60 days of notice of the alleged violation to government agencies to provide a “non-adversarial opportunity for public agencies to…
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During a May 31, 2015, interview with BBC One’s “The Andrew Marr Show,” National Health Service (NHS) England Chief Executive Simon Stevens called on industry stakeholders to reduce the amount of sugar in food and beverage products. In particular, he claimed that “one in three of our teenagers are drinking high-energy, sugary drinks,” urging “responsible retailers [and] food producers” to reformulate their products as they once did to reduce salt content. “We’ve done very well in terms of cutting smoking and teenage pregnancy and drink driving,” Stevens was quoted as saying. “But the new smoking is obesity. One in five cancer deaths is now caused by obesity.” See Press Association, May 31, 2015. Issue 567
The Environmental Working Group (EWG), a “non-profit, non-partisan organization dedicated to protecting human health and the environment,” has issued an analysis of more than 250 foods that identifies which of the products’ cans are lined with bisphenol A (BPA) as well as an online petition imploring consumers to encourage companies to stop using BPA-based epoxy resins in can linings. “The biggest problem is that people have no reliable way of knowing whether they are buying food that is laced with this toxic chemical,” an EWG representative was quoted as saying. “Federal regulations do not require manufacturers to label their products to identify cans with BPA-based linings. … We hope to arm people with the critical information they need to avoid BPA and make smarter shopping decisions.” EWG classifies the food companies mentioned in the survey into four categories of “players,” claiming that 78 brands (“worst” players) use BPA-lined cans for…
The European Food Safety Authority’s (EFSA’s) Panel on Contaminants in the Food Chain (CONTAM) has released its final scientific opinion on acrylamide, concluding that dietary exposure to the substance “potentially increases the risk of developing cancer for consumers in all age groups.” Naturally formed in starchy food products during high-temperature cooking, acrylamide is digested and distributed throughout the body, where one of its metabolites is said to cause “the gene mutations and tumors seen in animal studies.” “Evidence from animal studies shows that acrylamide and its metabolite glycidamide are genotoxic and carcinogenic: they damage DNA and cause cancer,” states the CONTAM Panel, which reviewed 43,419 analytical results from food commodities as well as the latest scientific literature. “Evidence from human studies that dietary exposure to acrylamide causes cancer is currently limited and inconclusive.” In particular, the agency singles out fried potato products, coffee, biscuits, crackers, crisp bread, and soft bread as…
Consumer Advocacy Group, Inc. has filed a lawsuit against T.J. Maxx, its parent company and its food supplier alleging that they failed to provide a warning of lead content in a raspberry balsamic vinegar product in accordance with the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65), the California law that requires warnings on the labels of products that contain substances known to cause cancer or reproductive harm. Consumer Advocacy Grp. Inc. v. Olivier Napa Valley Inc., No. BC580857 (Cal. Super. Ct., Los Angeles Cty., filed May 4, 2015). The complaint asserts that because all “[v]inegar contains lead,” the defendants should have known that the product was subject to Prop. 65 labeling requirements. Consumer Advocacy Group argues that it investigated the product and gave notice of the alleged violation to each defendant, the state attorney general, county district attorneys and city attorneys but none of the authorities…
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has asked the Carcinogen Identification Committee (CIC) to further evaluate “nitrite in combination with amines or amides” for possible inclusion on the state’s list of substances known to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). According to OEHHA, “nitrite is a natural constituent of fresh produce, including spinach and celery, and of fresh uncured meats,” while “amines are organic compounds that contain a basic nitrogen atom with a lone electron pair” and “amides are organic compounds that can be formed from amines, and contain a nitrogen atom and an oxygen atom.” After announcing a February 7, 2014, proposal to list the chemical combination under Prop. 65, the agency received comments and scientific evidence supporting the measure but ultimately concluded that regulatory criteria “have not been met for the spectrum of…
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment period about whether styrene meets the criteria for authoritative bodies listings under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) until April 29, 2015. OEHHA announced its intent to list styrene as a chemical known to the state to cause cancer under the authoritative bodies listing mechanism of Prop. 65 on February 27. Styrene is used in the manufacture of various consumer products, including polystyrene packaging, synthetic rubber and food containers. Two previous attempts to list styrene as known to cause cancer under Prop. 65’s Labor Code listing mechanism failed. The agency’s latest attempt relies on findings in the National Toxicology Program’s (NTP’s) 2011 Report on Carcinogens which concluded that styrene is “reasonably anticipated to be a human carcinogen” based on studies showing that inhalation and oral exposure to the chemical…
A California federal court has dismissed a lawsuit arguing that PepsiCo Inc. should provide medical monitoring for a class of Diet Pepsi or Pepsi One purchasers because the company does not warn consumers that 4-methylimidazole (4-MEI), a compound in caramel coloring, has allegedly been linked to potential health risks in rodent studies. Riva v. PepsiCo, Inc., No. 14-2020 (N.D. Cal., order entered March 4, 2015). The case was severed from a consolidated class action after the plaintiffs decided to pursue medical monitoring and personal injury claims not included in the consolidated action. Information about the case’s transfer of venue appears in Issue 523 of this Update. The court determined that the plaintiffs lacked standing to pursue the claim because “they have not established that the alleged risk of bronchioloalveolar cancer (for which they seek lung scans and testing) is both credible and substantial.” The studies cited as support for the…
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has announced its intent to list styrene as a chemical known to the state to cause cancer under the authoritative bodies listing mechanism of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). Styrene is used in the manufacture of various consumer products, including polystyrene packaging, synthetic rubber and food containers. Two previous attempts to list styrene as known to cause cancer under Prop. 65’s Labor Code listing mechanism failed. The agency’s latest attempt relies on findings in the National Toxicology Program’s (NTP’s) 2011 Report on Carcinogens, which concluded that styrene is “reasonably anticipated to be a human carcinogen” based on studies showing that inhalation and oral exposure to the chemical increased the incidence of malignant and combined incidence of benign and malignant lung tumors in male and female mice. The National Research Council confirmed…
A joint study by Consumer Reports and the Johns Hopkins Center for a Livable Future claims that 4-methylimidazole (4-MEI) exposures “associated with average rates of soft drink consumption pose excess cancer risks exceeding one case per 1,000,0000 exposed individuals, which is a common acceptable risk goal used by U.S. federal regulatory agencies.” Tyler Smith, et al., “Caramel Color in Soft Drinks and Exposure to 4-Methylimidazole: A Quantitative Risk Assessment,” PLOS One, February 2015. Researchers apparently used ultra-high-performance liquid chromatography-tandem mass spectrometry to estimate 4-MEI concentrations in 12 beverages purchased in California and New York City, then assessed exposure levels based on data obtained from the National Health and Nutrition Examination Survey, California Environmental Protection Agency Office of Environmental Health Hazards Assessment (OEHHA) and U.S. Census Bureau. In addition to ranking 4-MEI concentrations by brand, product and geographic location, the study authors calculated the lifetime average daily dose and lifetime excess cancer…
