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A recent article has speculated that cheese consumption is behind the epidemiological phenomenon known as the “French paradox,” that is, “the low rates of cardiovascular mortality which have existed in France for decades despite high saturated fat consumption.” Ivan Petyaev and Yurig Bashmakov, “Could cheese be the missing piece in the French paradox puzzle,” Medical Hypotheses, December 2012. Although previous studies have attempted to link red wine consumption to reduced cardiovascular mortality, the article argues that the “French paradox” “seems to be a multifactorial phenomenon and not due solely to red wine intake.” The authors hypothesize that many cheeses—and particularly molded cheese—contain unique peptides “inhibiting the inflammatory cascade and angiotension-converting enzyme [that] may provide a pharmacological basis for this phenomenon.” They also note that in addition to bacteria-ripened varieties, such as Cheddar and Gouda, blue-veined cheeses including Roquefort contain “some important secondary metabolites” produced by Penicillium roqueforti, Penicillium camemberti or other…

Finding that California law applies to a dispute between Costco Wholesale Corp. and Nationwide Mutual Insurance Co., a federal court has dismissed Costco’s claims for violations of Washington state law and for bad faith coverage by estoppel arising out of the insurer’s refusal to handle claims of personal injury from cheese that Costco sold. Costco Wholesale Corp. v. Nationwide Mut. Ins. Co., No. 11-1550 (W.D. Wash., Seattle, decided September 20, 2012). The court determined that, under the “most significant relationship” test applied in the context of a conflict of laws, “the most significant contacts between Costco and Nationwide occurred in California.” Because California law does not provide relief as to a number of Costco’s claims, the court dismissed them but gave the company the opportunity to amend the complaint by November 1, 2012. If it does not do so, the matter will be dismissed.

A Wisconsin-based cheese maker has reportedly agreed, under pressure from its Swiss parent and the Swiss gruyère industry, to cease using the word “gruyère” in labeling and promoting its Grand Cru Gruyère cheese. The change, effective in May 2013, was agreed to despite a recent decision by the U.S. Patent and Trademark Office (USPTO) refusing the “le gruyère” trademark because “[t]he existence of seven U.S. cheese manufacturers of gruyère cheese and the widespread generic internet and dictionary usage . . . clearly demonstrate that gruyère has lost its geographical significance and is now viewed as a genus of cheese.” Geographical food and beverage designations are significant in Europe where many EU countries give them legal protection; a French reporter apparently visited Wisconsin to cover the negotiations leading to the agreement. She indicated her wish that American cheese makers adopt the European approach and name their cheeses after the area of…

A federal grand jury in Illinois has brought criminal indictments against four individuals who allegedly distributed more than 110,000 pounds of Mexican cheese in the United States in 2007 despite Food and Drug Administration (FDA) “hold” orders and also allegedly “washed” cheese returned by dissatisfied customers by scraping off mold and fungus so it could be resold. United States v. Zurita, No. __ (N.D. Ill., indictment returned April 18, 2012). No illnesses or other public health issues were attributed to the adulterated cheese distribution in the six-count indictment. The charges involve three separate shipments of cheese from Mexico that FDA ordered to be held and then later ordered either “detained” or “refused” after testing revealed the presence of Salmonella, E. coli, alkaline phosphate (found in unpasteurized products), and Staphylococcus. The defendants allegedly conspired to distribute the shipments despite FDA orders not to do so. They also allegedly distributed cheese before inspection, failed…

A New York gallery has reportedly offered cheese made with the breast milk of three nursing women as part of a research project studying the ethics of modern biotechnology. The Lady Cheese Shop, a temporary art installation, recently gave out samples of West Side Funk, Midtown Smoke and Wisconsin Chew made from breast milk, screened for diseases and pasteurized. Miriam Simun, a New York University graduate student responsible for the art installation and the cheese, told a news source that she hoped her effort prompted people to contemplate how human bodies are used as “factories” that produce blood, hair, sperm, eggs, and organs harvested for others. “Cheese is a conversation starter,” Simun was quoted as saying. “Some people are loving it, and some people are gagging.” See Reuters, May 2, 2011.

The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies has rejected an article 13.5 application submitted by Piimandusühistu E-Piim, the manufacturer of a probiotic cheese, claiming that its product “helps to maintain the cardio-vascular system/heart health through reduction of blood pressure.” The applicant evidently submitted 38 publications and four proprietary reports related to the maintenance of normal blood pressure and the Lactobacillus plantarum TENSIA™ bacteria found in its “semi-hard Edam-type” Harmony™ “heart cheese.” EFSA ruled, however, that “none of these publications addressed the effects of L. plantarum,” while three of the four unpublished proprietary reports were uncontrolled and therefore inadmissible. The fourth study, according to EFSA, “was a randomised, double-blind, placebo-controlled, cross-over human intervention,” but ultimately failed “to show an effect of L. plantarum TENSIA™ on blood pressure.” The panel therefore concluded that “a cause and effect relationship has not been established between the consumption of Lactobacillus plantarum…

“Americans now eat an average of 33 pounds of cheese a year, nearly triple the 1970 rate,” writes New York Times investigative reporter Michael Moss in this article about Dairy Management Inc., a U.S. Department of Agriculture (USDA) “marketing creation” with a $140 million annual budget “largely financed by a government-mandated fee on the dairy industry.” According to Moss, “The organization’s activities, revealed through interviews and records, provide a stark example of inherent conflicts in the Agriculture Department’s historical roles as both marketer of agriculture products and America’s nutrition police.” Moss claims that despite federal efforts to curb the consumption of saturated fats, Dairy Management has “worked with restaurants to expand their menus with cheese-laden products,” in addition to spending “millions of dollars on research to support a national advertising campaign promoting the notion that people could lose weight by consuming more dairy products.” His exposé opines that the group’s…

A Minnesota company that produces cheese has filed a complaint in federal court against an ingredients and flavorings company, alleging that it supplied a flavoring ingredient with phenolic compounds that “caused the cheese in which it was used to have a taste repugnant to certain of the customers who consumed the cheese.” Bongards’ Creameries v. Kerry Ingredients & Flavours, No. 10-2058 (D. Minn., filed May 14, 2010). According to the complaint, flavoring company representatives agreed that the cheese contained unacceptable levels of “off” flavors but refused to pay the cheese maker’s losses in excess of $1.3 million associated with the recall of 800,000 pounds of “contaminated cheese.” Alleging breach of implied warranties of merchantability and fitness for a particular purpose and breach of contract, the plaintiff seeks compensatory damages, attorney’s fees and costs.

During a recent meeting of the Codex Alimentarius Commission’s Committee on Milk and Milk Products, delegates reportedly agreed to recommend that the commission revoke the international standards on processed cheese when it meets in July 2010. A committee working group had been charged with redrafting a proposed standard for processed cheese and reported that it was unable to do so given the delegations that “continued to insist on textual solutions reflecting closely their own national situation, which did not attract consensus.” According to the working group’s co-chairs, “the fundamental difficulty with attempting to develop this standard arises from the requirement for the standard to address the very large variety of products marketed as processed cheese, while retaining scope for innovation.” A representative of the International Dairy Foods Association, speaking on behalf of the U.S. representatives to the committee reportedly said, “The U.S. government and dairy industry have long believed that…

The Department of Justice (DOJ) is seeking to enjoin the operation of a cheese-processing facility in New York due to the Listeria monocytogene (L. mono) contamination of its Queso Hebra, Queso Fresco and Queso Cotija Molido cheeses. U.S. v. Peregrina Cheese, Inc., No. 09-2888 (E.D.N.Y., filed July 7, 2009). According to DOJ, state and federal inspections of the facility since at least 2004 have revealed serious sanitation problems. Because product samples and equipment surfaces tested positive for the same L. mono strain, Food and Drug Administration (FDA) analysts concluded that “the strain has formed a niche at Peregrina Cheese’s facility.” The owners have apparently refused to shut down the plant to properly sanitize it, claiming that the state food safety agency approved the “use of an antimicrobial agent as an additive in Peregrina Cheese’s Queso Fresco product.” The owners did not, however, provide “any information as to the level of use”…

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