A federal court in New York recently refused to certify a statewide class of consumers who allege that Snapple Beverage Corp. misled them by marketing its products as “all natural” when they actually contain high-fructose corn syrup (HFCS). Weiner v. Snapple Beverage Corp., No. 07-8742 (S.D.N.Y., order entered August 5, 2010). The court apparently determined that individual issues, such as causation, injury and damages, would predominate over common ones. According to the court, “Individualized inquiries would be required to determine, for instance whether class members were fully informed about the inclusion of HFCS in Snapple beverages, whether they believed HFCS to be natural, and whether they continued to purchase Snapple despite their beliefs concerning HFCS. Such individual issues would also dwarf any issues of law or fact common to the class.” The court also reportedly determined that the named plaintiffs did not proffer a suitable methodology for establishing causation and…
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A U.S. magistrate judge in New Jersey has issued an order staying a case that alleges “natural” labeling for Snapple beverages is misleading because the product contains high-fructose corn syrup (HFCS), which plaintiffs contend is not an all-natural ingredient. Holk v. Snapple Beverage Corp., No. 07-3018 (D.N.J., order entered August 10, 2010). The parties drew the court’s attention to a stay issued in similar litigation involving Arizona Iced Tea® beverages. Additional information about that case appears in Issue 356 of this Update. The stay will remain in effect for six months, pending a Food and Drug Administration (FDA) review of the matter. “That time period may be extended for good cause shown, in the event the FDA shows a willingness to consider this issue but needs more time to do so. If, on the other hand, the FDA declines to consider the issue, counsel are directed to notify the Court promptly…
A federal court in New Jersey has reportedly stayed for six months consumer fraud litigation against the company that makes Arizona Iced Tea® beverages and has asked the Food and Drug Administration (FDA) to determine whether high-fructose corn syrup (HFCS) qualifies as a “natural” ingredient. Coyle v. Hornell Brewing Co., No. 08-2797 (D.N.J., stay order entered June 15, 2010). Claiming that these beverages are deceptively marketed as “100% Natural” despite containing HFCS, the plaintiff alleges violation of the New Jersey Consumer Fraud Act, unjust enrichment and common-law restitution, and breach of express and implied warranties. The court issued the stay rather than dismiss the putative class action outright as requested by the defendants on the basis of the doctrine of primary jurisdiction. According to a news source, the court acknowledged that “categorizing HFCS as either natural or artificial for the purpose of food and beverage labeling does not fall within…
A federal court in Illinois has dismissed claims that Coca-Cola labeling for its “classic” and “original formula” soda products violated consumer fraud laws because the products contain high fructose corn syrup (HFCS), which did not exist when the beverage was first sold in the 1880s. Kremers v. Coca-Cola Company, No. 09-333 (S.D. Ill., decided April 27, 2010). One named plaintiff in this putative class action apparently testified during her deposition that she knew the products contained HFCS as early as the 1990s. The court found the litigation time-barred as to her claims. Another named plaintiff testified that he did not realize the product’s label included the phrase “original formula” until counsel brought it to his attention. The court found that he failed to establish an essential element of his deception claim. Because both testified that they continued to buy the product despite knowing that its sweetener differed from the formulation sold…
Assembly members have introduced a bill (A10665) similar to legislation in effect in New York City, that would restrict the use of artificial trans fats in foods sold in restaurants and retail food stores. Sponsored by Assemblymen Felix Ortiz (D-Brooklyn) and Richard Gottfried (D-Manhattan), the trans fat bill would not allow the use or sale of foods containing trans fat unless sold in the manufacturer’s original sealed and properly labeled package. The measure would take effect as to “oils, shortenings and margarines containing artificial trans fat that are used for frying or in spreads,” 180 days after the bill is passed, and would be effective December 31, 2011, as to “oils or shortenings used for deep frying of yeast dough or cake batter and all other foods containing artificial trans fat.” The law would not apply to products containing less than 0.5 grams of trans fats per serving. Sponsored by Assemblywoman Barbara…
A recent study involving both short- and long-term animal experiments has purportedly linked high-fructose corn syrup (HFCS) to significant weight gain in rats. Miriam Bocarsly, et al., “High-fructose corn syrup causes characteristics of obesity in rats: Increased body weight, body fat and triglyceride levels,” Pharmacology, Biochemistry and Behavior, March 2010. According to a March 23, 2010, Princeton University press release, researchers have “demonstrated that all sweeteners are not equal when it comes to weight gain: Rats with access to high-fructose corn syrup gained significantly more weight than those with access to table sugar, even when their overall caloric intake was the same.” In the short-term experiment, the authors reported that “male rats given water sweetened with [HFCS] in addition to a standard diet of rat chow gained much more weight than male rats that received water sweetened with table sugar, or sucrose, in conjunction with the standard diet.” Moreover, the long-term…
According to a news source, research presented this week during a scientific meeting in San Diego, California, found that more than 4,500 adults who ate or drank more than 74 grams per day of high-fructose corn syrup (HFCS) increased their risks of developing high blood pressure. Apparently, that level of consumption led to a 28 percent, 36 percent and 87 percent increased risk for blood pressure levels of 135/85, 140/90 and 160/100. The authors reportedly concluded, “These results indicate that high fructose intake in the form of added sugars is significantly and independently associated with higher blood pressure levels in the U.S. adult population with no previous history of hypertension.” Additional research will reportedly be needed to learn if low-HFCS diets can normalize blood pressure and prevent the development of hypertension. The findings were presented at the American Society of Nephrology’s 42nd Annual Meeting and Scientific Exposition. See NutritionHorizon.com, October 30,…
A federal court in California has dismissed without prejudice putative class claims that Nature Valley granola bars were fraudulently promoted as “100% Natural” while containing purportedly non-natural ingredients such as high-fructose corn syrup (HFCS). Wright v. General Mills, Inc., No. 08-1532 (S.D. Cal., decided September 30, 2009). The court refused to dismiss the claims as preempted under federal law or under the primary jurisdiction doctrine, which allows courts to stay or dismiss litigation “pending the resolution of an issue within the special competence of an administrative agency.” The dismissal was based instead on the plaintiff’s failure to plead her claims with sufficient specificity under recent U.S. Supreme Court rulings that have, according to the court, dramatically changed the federal courts’ notice-pleading standard. The court determined that the first amended complaint (FAC) “is based on little more than conclusory and speculative factual content . . . Plaintiff argues that her FAC alleges…
Noting that Washington, D.C.-based industry lobbyist Rick Berman will be on her MSNBC-TV program during the week of October 5, 2009, Rachel Maddow this week discussed the most recent campaign Berman’s Center for Consumer Freedom has undertaken on behalf of the producers of high-fructose corn syrup (HFCS). Maddow showed viewers the clip of a new TV ad that directs those wanting to know more about how sugar and HFCS are the same to a website that Maddow said was, “brought to you by something called the Center for Consumer Freedom . . . headed by . . . Rick Berman, the D.C. public relations guy who runs these operations as nonprofits so they don’t have to disclose the names of the companies that fund them.” Maddow also said that the center “is not just here to convince you to stop worrying about sugar, they also link to their other sites like…
A recent study presented at the American Heart Association’s High Blood Pressure Research Conference has reportedly claimed that a diet high in fructose raises blood pressure in men, but that the gout drug allopurinol may counteract this effect. “This is the first study to show that fructose can raise blood pressure in humans,” lead author Richard Johnson of the University of Colorado, Aurora, was quoted as saying. The study followed 74 adult men, whose average age was 51, for two weeks as they consumed 200 additional grams of fructose per day. In addition, one-half of the participant pool acted as a control and one-half received allopurinol. The results apparently showed that the control group experienced significant average increases in systolic and diastolic blood pressure, while the men taking allopurinol saw little or no increase in systolic pressure. Johnson told a news source that it was “remarkable” how quickly people with…
