A federal court in California has entered an order certifying a class in consolidated lawsuits alleging that the company which produces Nutella® falsely advertises its product as healthy and beneficial to children despite making the hazelnut spread with “dangerous levels of fat and sugar.” In re Ferrero Litig., No. 11-205 (S.D. Cal., decided November 15, 2011). The court limited the class to California consumers, agreeing with the defendant that California law could not be applied to the claims of non-California class members who neither saw the advertisements nor purchased the product in the state. Because the defendant is a Delaware corporation that does business from its New Jersey headquarters and the product is made in Canada, the non-California class members would also have been unable to show that their claims arose out of conduct that occurred in California. The court refused to certify an 11-year class, noting that nationwide TV ads for…
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Congress has approved and President Barack Obama (D) has signed a bipartisan agricultural spending bill (H.R. 2112) that will block or delay regulations aimed at making school lunches healthier. Signed into law on November 18, 2011, the bill will, among other things, prohibit the U.S. Department of Agriculture (USDA) from limiting starchy vegetables, such as potatoes, to two servings a week and will continue to allow two tablespoons of tomato paste to count as a vegetable. It will also require further study of USDA’s long-term sodium reduction requirements that would reduce by half the amount of sodium in school meals over the next 10 years. Although some lawmakers claim that the bill will prevent costly regulations and provide school districts greater flexibility in improving the quality of school meals, critics assert that it will keep schools from serving an array of vegetables while allowing foods such as french fries to remain…
A recent study funded by the Robert Wood Johnson Foundation (RWJF) has suggested that school soft drink bans do little to curb sugar-sweetened beverage (SSB) consumption among adolescents. Daniel Taber, et al., “Banning All Sugar-Sweetened Beverages in Middle Schools,” Archives of Pediatrics and Adolescent Medicine, November 2011. Researchers in 2004 and 2007 surveyed approximately 7,000 fifth and eighth graders from public schools in 40 states, concluding that “SSB consumption was not associated with state policy.” In middle schools with no SSB policy and those that prohibited only soda sales, close to 30 percent of the students reported purchasing SSBs, including energy or fruit drinks, on campus. Moreover, the study found that state policies banning all SSBs in middle schools “appear to reduce in-school access and purchasing of SSBs but do not reduce overall consumption.” “We found that banning only sodas does nothing to stop kids from buying sugary drinks at…
The National Institutes of Health (NIH) has awarded the Johns Hopkins Bloomberg School of Public Health $16 million “to establish a global center of excellence to address the childhood obesity epidemic.” According to a Johns-Hopkins news release, the initiative will involve more than 40 investigators from 15 U.S. and international institutions to integrate basic science, epidemiology, nutrition, medicine, engineering, and environmental and social policy research, among other disciplines. Johns Hopkins University and other institutions will contribute an additional $4 million to the enterprise. Founding Director Youfa Wang said, “The new Center will address many needs in the prevention and study of childhood obesity. This initiative will help create research and training opportunities that go beyond traditional methods, and on an unprecedented global scale.” The center’s focus will be on “studying the drivers of the childhood obesity epidemic and environmental and policy interventions,” as well as providing “rapid-response grants to investigators…
Wall Street Journal reporters Ashby Jones and Shirley Wang consider in “Obesity Fuels Custody Fights” how family courts have increasingly been asked to determine whether nutrition or obesity should be controlling factors in child-custody lawsuits. According to the article, the issue arises in several guises: sometimes the child is obese; other times a junk food diet is at issue; and in other cases, the parent who seeks custody alleges that the other parent is too overweight to properly care for the child. Noting that in most states the legal standard is the “best interest of the child,” the authors report that some states have recently adopted as criteria the child’s physical and emotional well-being. Family court practitioners reportedly suggest that the obesity issue is typically part of a larger picture and would have to be extreme to overcome rights to maintain close parent-child relationships and to raise a child as…
Yale University’s Rudd Center for Food Policy & Obesity has issued an October 2011 report claiming that “young people are exposed to a massive amount of marketing for sugar drinks.” Titled Sugary Drink F.A.C.T.S.: Food Advertising to Children and Teens Score, the report apparently analyzes “600 products from 14 companies that contain added sugar,” including full-calorie soda, energy drinks and diet energy drinks, flavored water, sports drinks, iced tea, and diet children’s fruit juices. Researchers also reviewed traditional, digital and in-store marketing, as well as collected data on media exposure and spending from syndicated sources such as Nielsen, comScore Inc. and Arbitron Inc. In particular, the Rudd Center alleges that industry pledges to market fewer sweetened beverages to children have not curbed advertising for these products. Among its key findings, the report concludes that (i) “More than half of sugary drinks and energy drinks market positive ingredients on their packages, and…
A recent study has reportedly claimed that prenatal exposure to bisphenol A (BPA) could affect “behavioral and emotional regulation” in girls ages 3 and younger. Joe Braun, et al., “Impact of Early-Life Bisphenol A Exposure on Behavior and Executive Function in Children,” Pediatrics, October 2011. The results appear to confirm earlier research led by Harvard School of Public Health researcher Joe Braun that was covered in Issue 322 of this Update. Using a prospective birth cohort of 244 mothers and their 3-year-old children, the study authors measured gestational BPA exposure at 16 and 26 weeks and birth, as well as childhood exposure at 1, 2 and 3 years of age. Although they detected BPA in more than 97 percent of gestational and childhood urine samples, researchers also found that, especially among girls, “each 10-fold increase in gestational BPA concentrations was associated with more anxious and depressed behavior . . .…
The nonprofit organization Common Sense Media (CSM) has issued a report titled Zero to Eight: Children’s Media Use in America that documents how infants, toddlers and young children are exposed to media “on everything from television to mobile devices to apps.” Billed as the first national research study to examine young children’s use of iPads and other new devices “along with older media platforms such as television, computers and books,” the report concludes that digital media “has become a regular part of the media diet of children ages 0 to 8, with four in 10 2- to 4-year olds and half (52%) of 5- to 8-year-olds using smartphones, video iPods, iPads or similar devices.” Working on CSM’s behalf, the research consultant Knowledge Networks “used a probability-based online panel designed to be representative of the United States” to survey 1,384 parents from May 27-June 15, 2011. Building on previous studies conducted…
Several consumer advocacy organizations have filed a complaint with the Federal Trade Commission (FTC) based on a report that “identifies, analyzes, and documents a set of digital marketing practices that pose particular threats to children and youth, especially when used to promote foods that are high in fat, sugars, and salt, which are known to contribute to child and adolescent obesity.” The complaint specifically targets PepsiCo and Frito-Lay, focusing on promotions for Doritos®. According to the complainants, “Frito-Lay has infiltrated the lives of teens by developing covert advertising campaigns centered on things teens love—video games, music, horror, sports, contests, and social networking.” They further contend that (i) “Frito-Lay disguises its marketing campaigns as entertaining video games, concerts, and other immersive forms of entertainment, thus making it more difficult for teens to recognize them as marketing and to be skeptical about the messages they present”; (ii) “Frito-Lay claims to protect teens’…
The U.S. Senate has reportedly adopted an amendment to the Fiscal Year 2012 Senate Agriculture Appropriations bill that would prevent the U.S. Department of Agriculture (USDA) from reducing the amount of potatoes and other starches in school meals. According to Senator Susan Collins (R-Maine), who authored the bipartisan measure, USDA earlier this year “proposed a rule that would limit servings of a certain category of vegetables that includes white potatoes, green peas, lima beans, and corn, to a total of one-cup per week in the National School Lunch Program,” while also prohibiting “this category of vegetables from the School Breakfast Program altogether.” The amendment blocks USDA from eliminating these vegetables but keeps the requirement “that school meals be consistent with the most recent Dietary Guidelines for Americans.” As a result, USDA and schools will reportedly retain the flexibility to regulate cooking methods and make “reasonable and suitable substitutions among affordable fresh…
