An animal study presented at the Annual Meeting of the Society for the Study of Ingestive Behavior (SSIB) held July 29-August 1, 2014, in Seattle, Washington, has reportedly claimed that “daily consumption of beverages sweetened with high-fructose corn syrup or sucrose can impair the ability to learn and remember information, particularly when consumption occurs during adolescence.” According to a July 29, 2014, SSIB press release, University of Southern California researchers reported that, unlike adult rats given daily access to sugar-sweetened beverages (SSBs), rats that consumed SSBs during adolescence “were impaired in tests of learning and memory capability.” “[O]ur findings reveal that consuming sugar-sweetened drinks is also interfering with our brain’s ability to function normally and remember critical information about our environment, at least when consumed in excess before adulthood,” the lead researcher was quoted as saying. “In addition to causing memory impairment, adolescent sugar-sweetened beverage consumption also produced inflammation in the…
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A recent article in The Atlantic illustrated the confusion surrounding fructose, glucose, sugar, and other sweeteners by interviewing several researchers whose conclusions on nutrition and sugar contradict each other to varying degrees. James Hamblin points to Mehmet Oz’s unqualified support—and later retraction—of agave syrup as a natural and healthy sweetener alternative to sugar or high-fructose corn syrup as an example of how the current scientific understanding of fructose and glucose is incomplete and difficult to draw conclusions from. Agave is composed of 90 percent fructose and 10 percent glucose, compared to an even split for table sugar and 55 percent fructose in high-fructose corn syrup. Because of its low glucose content, agave has a low glycemic index, which led many nutritionists to believe that it was a healthy alternative. Fructose has since been blamed for, among other diseases, liver damage and atherosclerosis, and described as “toxic,” a label that one…
A federal court in California has denied the motion to certify statewide monetary or injunctive relief classes in litigation alleging that J.M. Smucker’s labels for Uncrustables and Crisco Original and Butter Flavor Shortening products “mislead consumers into believing that they are healthful, when in reality they both contain trans fat and Uncrustables also contain high fructose corn syrup.” Caldera v. The J.M. Smucker Co., No. 12-4936 (C.D. Cal., decided April 15, 2014). As to monetary relief, the court dismissed the motion to certify with prejudice. The court agreed with the defendant that the plaintiff could not satisfy the predominance requirement as to her claims for monetary relief because she failed to identify any method of proving damages on a class-wide basis other than relying on the defendant’s California sales data. According to the court, this is insufficient to support a claim for restitution, because “this is not a case where class…
A federal court in New York has dismissed an amended complaint filed against high-fructose corn syrup (HFCS) manufacturers, alleging that the HFCS in foods and beverages, such as McDonald’s hamburger buns and Pepsi, was a substantial factor in causing a 14-year-old girl to develop Type 2 diabetes. S.F. v. Archer-Daniels-Midland Co., No. 13-634, decided April 21, 2014). The plaintiff alleged market-share liability under the tort doctrines of strict liability, negligence and failure to warn. The court agreed with the defendants that Type 2 diabetes is a multifactorial disease, stating “[n]o expert opinion is required to arrive at this conclusion.” And even accepting the allegations as true, the court said, “[T]here is little in it to suggest that Plaintiff could prove that her consumption of some foods containing HFCS over the course of her life was a substantial factor in causing Type 2 diabetes. . . . [A]side from idly listing various…
Among the tens of thousands of documents reportedly made public in advance of a hearing in litigation pitting the sugar industry against companies that make high-fructose corn syrup (HFCS) are emails that purportedly show some HFCS company executives were concerned about rebranding and advertising the substance as “natural” and “nutritionally the same as sugar.” Some apparently suggested that it made the industry appear disingenuous and could invite litigation. According to an attorney representing the HFCS manufacturers, the emails simply reflect a healthy debate. He reportedly said, “What the emails clearly show is the corn refiners engaged in a rigorous internal discussion about the public relations aspects of what HFCS is called, while never wavering in their core belief that high fructose corn syrup is both natural and nutritionally equivalent to sugar.” Another email authored in April 2009 by the then-president of the Corn Refiners Association reportedly defended the campaign but…
Credit Suisse’s Research Institute has issued a September 2013 report titled Sugar Consumption at a Crossroads that examines the world sweetener market as well as the latest research on the health effects of sugar and high-fructose corn syrup (HFCS). Noting that soft drinks have drawn the most attention from legislators, regulators and consumer groups, the report summarizes the medical consensus on the role of increased sugar consumption in chronic disease and chronicles those issues still open for debate. The report also describes how the increased focus on the health effects of excess sugar consumption will affect food and beverage companies, the sugar industry as a whole, individual producers of artificial and natural sweeteners, and the health care industry. In particular, Credit Suisse expects companies in the beverage industry “to react to the growing public concern and the threat of taxes on sugary drinks by moving as fast as they can to…
A federal court in California has denied the motion to dismiss defendants’ counterclaims filed by plaintiff sugar producers in a dispute between them and companies that make high-fructose corn syrup (HFCS) and promoted it in a national campaign claiming that “HFCS is corn sugar,” “HFCS is natural,” and “sugar is sugar.” W. Sugar Coop. v. Archer-Daniels Midland Co., No. 11-3473 (C.D. Cal., order entered September 16, 2013). The court ruled that (i) because the counterclaims do not allege fraud, they satisfy the pleading requirements of Federal Rule of Civil Procedure 8; (ii) whether the plaintiffs’ statements, at issue in the counterclaims, are immune from liability under the Noerr-Pennington doctrine requires further factual development and is thus premature; (iii) the counterclaims’ allegations do not demonstrate that the plaintiffs are immune from liability under the Communications Decency Act of 1996 in that they “neither demonstrate that Plaintiffs ‘passively displayed’ the statements [authored by…
The parent of a 14-year-old with type 2 diabetes has sued several companies that make high-fructose corn syrup (HFCS), alleging that the substance is “toxic” and its consumption caused the teen’s disease. S.F. v. Archer-Daniels-Midland Co., No. 13-634 (W.D.N.Y., filed June 17, 2013). The complaint details the purported effects of HFCS on the human body, asserting that it is associated with metabolic disease, liver inflammation and insulin resistance, chronic hyperinsulinemia, and type 2 diabetes. It also alleges that the fructose in HFCS “‘tricks’ the brain into wanting more food and stimulates excessive and continued consumption” and that it “bypasses the insulin-driven satiety system, suppressing ‘the degree of satiety’ that would normally result from a meal of glucose or sucrose, thereby causing and contributing to over consumption on a chronic basis with the adverse effects therefrom including the development of type 2 diabetes.” Alleging that HFCS use and consumption have “become nearly…
A federal court in California has granted in part and denied in part the motion to dismiss filed by General Mills in litigation alleging that certain of its Nature Valley® products are deceptively labeled and advertised as “natural” because they contain sweeteners, such as high fructose corn syrup (HFCS), high-maltose corn syrup or maltodextrin and rice maltodextrin, which are purportedly “highly processed” and therefore not “natural.” Janney v. General Mills, No. 12-3919 (N.D. Cal., filed May 10, 2013). The plaintiffs are represented by Center for Science in the Public Interest attorney Stephen Gardner. The court disagreed with General Mills that the primary jurisdiction doctrine barred the claims, finding that the Food and Drug Administration “has signaled a relative lack of interest in devoting its limited resources to what it evidently considers a minor issue, or in establishing some ‘uniformity in administration’ with regard to the use of ‘natural’ in food…
A federal court in California has decertified and entered summary judgment against a statewide class alleging that AriZona Iced Tea beverages with “All Natural,” “100% Natural” and “Natural” labels violated state consumer protection laws because they contain high fructose corn syrup (HFCS) and citric acid, ingredients alleged by the plaintiffs to be man-made. Ries v. AriZona Beverages USA LLC, No. 10 01139 (N.D. Cal., decided March 28, 2013). Additional information about this case and similar litigation before a New Jersey court appears in issues 360, 408 and 463 of this Update. According to the court, the plaintiffs failed to produce any evidence or timely identify any expert who could prove that HFCS and citric acid are not natural. They claimed that they would be able to do so during the “merit state of discovery,” but failed to produce such evidence within the court’s discovery deadlines. Nor, according to the court,…
