A recent study has purportedly found that mice fed a high-fat diet supplemented with cocoa powder exhibited fewer indicators of obesity related inflammation and insulin resistance than mice raised on the high-fat diet alone. Yeyi Gu, et al., “Dietary cocoa ameliorates obesity related inflammation in high fat-fed mice,” European Journal of Nutrition, June 2013. According to a June 13, 2013, Penn State press release, the results evidently showed that for mice eating “the human equivalent of 10 tablespoons of cocoa powder—about four or five cups of hot cocoa—during a 10-week period,” cocoa supplementation (i) “significantly reduced the rate of body weight gain,” (ii) “attenuated insulin resistance,” (iii) “reduced the severity of obesity-related fatty liver disease,” (iv) “significantly decreased plasma levels of the pro inflammatory mediators interleukin-6 [and] monocyte chemoattractant protein-1,” and (vi) reduced the expression of pro-inflammatory genes “in the stromal vascular fraction (SVF) of the epididymal white adipose tissue.”…
Tag Archives chocolate
A federal court in California has dismissed consumer-fraud putative-class claims filed in a first amended complaint against the Ghirardelli Chocolate Co., alleging violations pertaining to white chocolate products that the named plaintiff did not purchase. Miller v. Ghirardelli Chocolate Co., No. 12-4936 (N.D. Cal., order entered April 5, 2013). Details about a similar order entered as to the original complaint appear in Issue 465 of this Update. While the court disagreed with the defendant that the products were dissimilar because its label description—“Ghirardelli® Chocolate”—is like a Dunkin’ Donuts logo used on products, such as coffee, that are clearly not donuts, the court found that “an ‘unlawful’ claim based on ‘chocolate’ necessarily reaches back to the FDA definition. Identity labeling of food requires—under the plain language of the regulation that the statement of identity of the commodity on the principal display panel of a food in package form be ‘the name…
The U.K. Advertising Standards Authority (ASA) has declined to uphold five complaints claiming that Nestlé UK Ltd.’s TV advertisements for Nesquik chocolate milkshake “encouraged poor nutritional habits by suggesting the product was suitable to give to children for breakfast on a daily basis.” According to ASA, the complaints described the product as high in sugar and thereby unsuitable for daily consumption. But Nestlé countered that a typical serving of Nesquik milkshake could not “be described as being ‘high’ in sugar” as “46% of total sugar in the product, as consumed, was attributed to the naturally occurring lactose found in milk, and not to the Nesquik product.” In addition, Nestlé explained, the sugar that could be attributed to the product still met World Health Organization guidance stating that NonMilk Extrinsic Sugars should contribute less than 10 percent daily energy to children’s diets. “Nestlé also said the new EU Pledge nutrient profiling criteria…
The U.S. Department of Agriculture and the Food and Drug Administration have announced a March 12, 2013, public meeting in College Park, Maryland, to provide information and receive public comments on agenda items and draft U.S. positions for discussion at the 7th Session of the Codex Committee on Contaminants in Foods in Moscow on April 8–12, 2013. Agenda items include (i) proposed draft maximum levels for Deoxynivalenol in cereals and cereal-based products; (ii) proposed draft revisions of maximum levels for lead in selected commodities in the general standard for contaminants and toxins in food and feed; (iii) a proposed draft code of practice for preventing and reducing Ochratoxin A contamination in cocoa; and (iv) a discussion paper on the development of a code of practice for preventing and reducing arsenic contamination in rice. See Federal Register, February 27, 2013.
According to a news source, Germany’s Federal Cartel Office (BKA) has imposed €60 million (US$81.4 million) in fines against 11 chocolate and confectionary companies, including the German subsidiaries of Kraft Foods and Nestlé SA, for allegedly establishing a cartel in the late 2000s to fix prices. While Nestlé has reportedly indicated that it will challenge the fines, claiming that the allegations are unjustified and that BKA misinterpreted the law, a Kraft spokesperson has apparently confirmed that the company will pay its fine. BKA President Andreas Mundt said, “In 2007 raw materials prices for chocolate production such as milk and cocoa rose sharply. Companies obviously wanted to be sure they could pass these costs on to consumers. Competition with competitors was quickly switched off and consumers were burdened with price increases.” Prices reportedly rose by as much as 25 percent. Company offices were searched after a whistleblower came forward in 2008, and…
According to a news source, the United Kingdom’s Community Trade Mark Office has determined that the shape of a KitKat® bar, which Nestlé registered as a community trademark in 2006, is valid, thus barring any other confectioners from selling products with a similar shape in the European Union. Nestlé competitor Cadbury makes a similar product and sought to invalidate the mark shortly after it was registered, claiming that the trait was too general to be protected. Cadbury is reportedly considering whether to appeal the ruling. See Huffington Post, January 3, 2013.
A federal court in California has dismissed in part putative class claims filed by a man who alleges that Ghirardelli Chocolate Co. white chocolate products do not contain the requisite white chocolate ingredients to be labeled and promoted as such. Miller v. Ghirardelli Chocolate Co., No. 12-04936 (N.D. Cal, decided December 6, 2012). The court agreed with Ghirardelli that the plaintiff lacked standing to pursue claims relating to four products that he did not purchase. According to the complaint, the plaintiff bought a package of “Ghirardelli Chocolate Premium Baking Chips Classic White” and sought recovery on behalf of a class of purchasers of that product as well as white chocolate wafers, ground white chocolate flavor, a mocha mix, and a frappé product. Noting that controlling authority is lacking on whether plaintiffs have standing for products they did not purchase, the court discussed two lines of cases: one in which federal courts have…
A multidistrict litigation (MDL) court that is considering pretrial matters in 91 consolidated antitrust lawsuits alleging that major chocolate manufacturers conspired to implement price increases from 2002 through 2007, has granted the direct-purchaser plaintiffs’ motion for class certification. In re Chocolate Confectionery Antitrust Litig., MDL No. 1935 (M.D. Pa., order entered December 7, 2012). The court did so after first determining whether the plaintiffs’ expert testimony in support of class certification is reliable under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The U.S. Supreme Court is currently facing a similar issue, that is, “Whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.” The MDL court, noting that the issue has not yet been decided in…
A federal court in California recently granted in part and denied in part the Hershey Co.’s motion to dismiss putative class claims alleging that the chocolate maker violates consumer fraud laws by making unlawful nutrient content, “healthy” and antioxidant claims on product labels; failing to comply with chocolate product standards of identity or to use common names for ingredients; making unlawful sugar-free claims; and using improper serving sizes. Khasin v. The Hershey Co., No. 12-01862 (N.D. Cal., order entered November 9, 2012). Because the plaintiff’s claims were based on parallel state laws that “mirror” relevant sections of the Food, Drug, and Cosmetic Act (FDCA) and the Nutrition Labeling and Education Act, the court determined that they were not preempted. In this regard, the court noted, “complying with the demand requested by Plaintiff in this cause of action would not require that Defendant undertake food labeling or representation different from the…
France’s National Assembly has reportedly rejected a proposed tax on palm oil that appeared to be a go earlier in the week. On November 12, 2012, the French Senate voted 186-155 against the so-called “Nutella tax,” which aimed to impose a 300 percent tax on palm oil, a key ingredient in the beloved hazelnut-chocolate spread that is high in saturated fats. Arguing that palm oil poses a threat to public health, lawmakers initially proposed the measure as part of a larger bill focused on financing the national health care system and encouraging manufacturers to use healthier alternatives. According to news sources, Nutella® is 20 percent palm oil, so had the tax passed, the price of the popular spread would have likely increased by about 0.06 Euros per kilo, or about three-and-one-third cents per pound. But the anticipated price increase apparently upset French consumers, who have traditionally been among Nutella’s® most…
