A recent animal study has reportedly identified a new mechanism by which the brain increases the desire to overconsume sweet and fatty treats like chocolate. Alexandra DiFeliceantonio, et al., “Enkephalin Surges in Dosal Neostriatum as a Signal to Eat,” Current Biology, October 2012. Relying on advanced opioid microdialysis techniques to detect extracellular levels of a neurotransmitter called enkephalin, University of Michigan researchers injected a drug into the neostriatum of rats to stimulate the mu opioid receptors before the animals were permitted to eat M&M candies. The results evidently showed that mu opioid stimulation “potently enhanced consumption of palatable M&M chocolates,” with injected rats “more than doubling total M&M intake.” In addition, the authors’ microdialysis study of the same brain region, which has primarily been linked to movement, purportedly revealed that naturally occurring enkephalin levels “rose to 150% of baseline when the rats were suddenly allowed to eat chocolates.” According to…
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The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA) has apparently concluded that scientific evidence supports an Article 13.5 health claim related to cocoa flavanols and normal blood flow. Submitted by chocolate manufacturer Barry Callebaut AG under Regulation (EC) No 1924/2006, the health claim application cited several human intervention studies that evidently showed “a cause and effect relationship” “between the consumption of cocoa flavanols and maintenance of normal endothelium-dependent vasodilation.” In particular, NDA noted that a person in the general population could obtain the claimed effect by consuming 200 milligrams of cocoa flavanols daily through either 2.5 grams (g) of high-flavanol cocoa powder or 10 g of high-flavanol dark chocolate, “both of which can be consumed in the context of a balanced diet.” The panel has thus approved the following wording as reflective of the scientific evidence: “Cocoa flavanols help maintain endothelium-dependent vasodilation, which contributes…
In advance of a July 9, 2012, hearing before a federal court in New Jersey to approve the settlement of claims that Ferrero USA, Inc. misled consumers about nutritive value in its ads for Nutella®, a hazelnut spread purportedly containing high fat and sugar levels, a number of class members have filed objections that challenge class notice, most of the settlement terms and the fee award to plaintiffs’ counsel. In re: Nutella Mktg. & Sales Practices Litig., No. 11-1086 (D.N.J.). Additional details about the proposed settlement appear in Issue 437 of this Update. Class member Clark Hampe, for example, complains that the settlement fund “has a claims procedure that caps the total number of claims that can be made and the maximum amount of compensation for class members. Then, if these arbitrary maximums are satisfied, the settlement is vague about what happens next. Either funds will be paid to a…
The European Union (EU) Court of Justice has affirmed a General Court ruling that confectioner Lindt & Sprüngli, AG cannot register certain three-dimensional shapes, their colored wrappings or ribbons as European Community trademarks. Chocoladefabriken Lindt & Sprüngli AG v. Office for Harmonisation in the Internal Mkt. (Trademarks and Designs), Case No. C-98/11 P (E.C.J., decided May 24, 2012). Additional details about the case appear in Issue 376 of this Update. The mark was sought for the shape of a sitting rabbit with a red ribbon. According to the court, the shape was “typical” for chocolate rabbits and was thus “devoid of any distinctive character.” The court also found that the gold-foil wrapping and small bells and bows embellishments were “common elements in the case of chocolate animals.” The court further ordered the chocolatier to pay the costs of the appeal.
The claims process under two settlements reached with the company that makes the hazelnut spread Nutella® is underway, and consumers can recover up to $20, or $4 each for up to five jars purchased during the relevant periods. In re: Ferrero Litig., No. 11-205 (S.D. Cal.) (California class, Aug. 1, 2009 – Jan. 23, 2012); In re: Nutella Mktg. & Sales Practices Litig., No. 11-1086 (D.N.J.) (Nationwide class, except California, Jan. 1, 2008 – Feb. 3, 2012). The settlement funds available to both classes total $3.05 million, but if the claims exceed this amount, individual payments “will be reduced proportionately.” Under the settlement agreement, the company, which continues to deny any wrongdoing, will modify its product label and certain marketing statements, create new TV ads, and change the Nutella® website. The company also agreed not to object to a California fee award of $900,000 and New Jersey fee award of $3…
The U.K.’s Advertising Standards Authority (ASA) has determined that a series of tweets from Rio Ferdinand and Katie Price that culminated in messages specifically referencing and showing a photo of these personalities with Snickers® bars did not violate the U.K. Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (Code). The initial tweets did not contain any indication that they were sponsored by Mars Chocolate UK Ltd. The final tweets, with the Snickers® content, included “#spon” to indicate they were sponsored and the “strap line ‘you’re not you when you’re hungry.’” According to Mars, the strap line was intended to tie into the earlier tweets, “because their content would not usually be associated with the celebrity tweeters.” The company also indicated that it believed only the final tweets were marketing communications and that the earlier tweets did not require identification as marketing communications. In the alternative, the company explained that “the…
The consumer group Emun Hazibur has reportedly filed a complaint with Israel’s antitrust authority alleging that The Strauss Group, ranked second among food manufacturers in the country, is exploiting its 63 percent share of the chocolate market by overcharging customers. The group and several others apparently compared the company’s prices to leading brands in other markets and found some Strauss products about one-third more expensive. According to a news source, Strauss called some of the data inaccurate and indicated that it had recently reduced prices on 50 of its core products. It also apparently claimed that final customer prices are set by retailers. Israel’s antitrust authority reportedly determined several years ago that Strauss-Elite illegally manipulated the market to hinder the sale of imported chocolate from Britain. See Haaretz.com, February 27, 2012; Confectionerynews.com, February 29, 2012.
California residents have filed a putative class action against Nonni’s Foods, LLC, alleging that the company falsely represents its “All Natural” biscotti products by failing to disclose that ingredients, such as cocoa processed with alkali, glycerin, monocalcium phosphate, and diglycerides, are synthetic. Larsen v. Nonni’s Foods, LLC, No. 11-4758 (N.D. Cal., filed September 23, 2011). Seeking to certify a nationwide class and statewide subclass, the plaintiffs allege common law fraud; unlawful, unfair and fraudulent business practices; false advertising; and violation of the state’s Consumers Legal Remedies Act. They request restitution; compensatory, statutory and punitive damages; declaratory and injunctive relief; attorney’s fees; costs; interest; and an accounting and imposition of a constructive trust on money the company received as a result of its conduct. The plaintiffs essentially contend that they did not receive the benefit of their bargain when purchasing the product and “lost money as a result in the form…
In an August 17, 2011, letter to the U.S. Department of State filed on behalf of more than 400 foreign guest workers recruited by the Council for Educational Travel, USA (CETUSA) to work for the Hershey Chocolate Co., the National Guestworker Alliance seeks the revocation of CETUSA’s sponsor status as a provider of J-1 visas, which allow foreign students to enter the United States for work, training and internships. According to the Alliance, the university students recruited to work for Hershey paid $3,000-$6,000 in pre-employment expenses and expected to receive wages and benefits comparable to U.S. workers and be provided with educational and cultural opportunities. Instead, they were paid $7.85 to $8.35 per hour, but after automatic weekly deductions for “above-market rent and other expenses, they net[ted] between $40 and $140 per week for 40 hours of work.” They were apparently “offered no cultural exchange of any kind.” Some of…
The parents of a 29-year-old who died after he fell into a vat of chocolate have filed a wrongful death action in a Pennsylvania state court against the company that owned the plant where he worked and a number of other defendants involved in manufacturing the allegedly faulty equipment that purportedly led to the accident. Smith v. Lyons & Sons, Inc., No. __ (Pa. Ct. Com. Pleas, Philadelphia Cty., filed July 1, 2011). The decedent allegedly slipped on a cardboard-covered platform made slippery with chocolate and other materials and fell into the vat through unguarded holes. The vat was “processing, mixing and melting chocolate at extremely high temperatures at the time.” Co-workers were allegedly unable to stop the vat from operating because the switch was not located on the platform. Alleging negligence, strict liability and breach of express and implied warranties, the plaintiffs seek damages in excess of $50,000. The…
