The Broadcasting Authority of Ireland (BAI) has announced a public consultation regarding draft commercial codes that would prohibit the advertising of foods high in fat, sugar and salt (HFSS) during TV programs where more than 50 percent of viewers are younger than age 18. According to a March 30, 2012, BAI press release, the consultation considers new drafts of the General Commercial Communications Code and Children’s Commercial Communications Code, the latter of which currently makes commercials, sponsorships and other product placements “of particular interest to children, or those broadcast during children’s program[s],… responsible in their messaging and portrayal of food and drink to those aged under 18.” Drafted after receiving more than 226 submissions from a previous consultation, the proposed codes would specifically regulate advertisements for HFSS products as well as adopt a “nutrient profiling model” “to assess the nutritional profile of food and non-alcoholic drink.” In particular, the draft…
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Scottish Health Minister Michael Matheson has reportedly written to U.K. Health Secretary Andrew Lansley, urging him to support a ban on all TV advertising for foods high in fat, sugar and salt (HFSS) before the 9 p.m. watershed. According to media sources, Matheson cited OfCom studies allegedly indicating that, while children’s broadcasting adheres to strict advertising restrictions, young viewers were still seeing ads for HFSS foods during programs intended for older audiences such as talent shows. “Broadcast advertising influences the choices made by children and can shape their attitudes to food as they grow into adulthood,” Matheson was quoted as saying. “Tackling obesity and encouraging people to make healthier life choices is one of the most important things we can do to improve the health of our nation.” Although the initiative has since been lauded by groups like the National Heart Forum and British Medical Association, it has also drawn…
The European Parliament has reportedly vetoed a European Commission (EC) proposal that would have permitted reformulated food products to display “percent less” claims pertaining to their fat, salt and sugar contents. According to a February 2, 2012, press release, the rejected changes to Annex of EC Regulation 1924/2006 “would have allowed, for example, a ‘15% less sugar’ claim, which would be based on a previous formulation of the same product,” as well as a “No added salt/sodium” claim. The 393 members of Parliament (MEPs) who voted against the proposal apparently argued that products with such claims “could misleadingly appear healthier” than those with labels indicating a reduced level of sugar, salt or fat. Under current EU legislation, a reduced nutrient claim “may only be made where the reduction in content is at least 30% compared to a similar product, except . . . for sodium, or the equivalent value for salt,…
In a move garnering international attention, the Danish government has reportedly approved a new excise tax on butter, cream, cheese, and other foods that contain more than 2.3 percent saturated fat per total weight. According to the Copenhagen Post, the levy took effect October 1, 2011, and “amounts to a 16 kroner duty per solid kilo of saturated fat,” raising the price of a standard butter package to 18 kroner from 15.50 kroner and 500 grams of 45 percent fat cheese to 36 kroner from 34.50 kroner. This so-called fat tax has already drawn criticism from some retailers and industry groups such as the Danish Agriculture and Food Council, which has estimated the annual cost per family at 1,000 kroner. But the measure has also piqued curiosity abroad, where health advocates are purportedly eager to see whether consumers will alter their diets or pay the higher prices. “It’s the first ever…
Brandeis University has filed suit against a number of cookie and biscuit manufacturers, including Keebler Co., Famous Amos Chocolate Chip and The Pillsbury Co., alleging that they have infringed patents that adjust the LDL/HDL ratio in human serum by balancing saturated and polyunsaturated dietary fatty acids. Brandeis Univ. v. East Side Ovens, Inc., No. 11-619 (W.D. Wis., filed September 7, 2011). According to the complaint, the patents (‘497 and ‘192) were issued in 1998 and 2003 and “are directed to fats and fat blends that decrease low-density lipoprotein cholesterol (LDL) and increase high-density lipoprotein cholesterol (HDL) in human serum,” resulting “in significant health benefits.” The university alleges that the defendants’ cookie, cookie dough, and reduced fat biscuit and crescent roll products infringe its patents. The plaintiff seeks injunctive relief, damages, costs, and a “declaration that this is an exceptional case and an award of attorneys’ fees.
A federal court in Florida has dismissed with prejudice most of the claims asserted in a putative class action alleging that “percent fat free” labels on the packages of deli meats are misleading and deceptive. Kuenzig v. Kraft Foods, Inc., No. 11-838 (Tampa Div., decided September 12, 2011). Additional information about the case appears in Issue 391 of this Update. The court found all but one of the plaintiff’s claims preempted by federal food-labeling law and also found that all but one of his claims failed to state a claim because they were frivolous or disingenuous. As to defendant Hormel Foods Corp., the plaintiff had alleged that while the company’s labels do not indicate the number of calories per serving next to the “percent fat free” claim on the front of its product packaging, the labels are “somehow misleading by association, since Hormel’s products are on grocery shelves next to Kraft’s products.”…
Less than two weeks after a consumer fraud class action was filed in California against the company that makes Muscle Milk® beverages and protein bars, the Food and Drug Administration (FDA) sent a letter to its CEO warning that the products are misbranded because their labels either prominently feature the word “milk” without containing any or state that they contain no milk while made of milk-derived ingredients. The letter also warns that health-related claims or “0 trans fat” assertions are unauthorized because the products contain too much fat or too much saturated fat. The June 29, 2011, letter demands a response within 15 days of receipt. Additional information about the lawsuit appears in Issue 403 of this Update. According to a news source, CytoSport has indicated that it is “proactively and openly addressing the FDA’s labeling concerns” and also notes, “Concerns like this have been raised before when the dairy…
A federal court in Florida has dismissed without prejudice two putative class actions against Kraft Foods alleging that the packaging for its Oscar Mayer® deli meat products misleads consumers about their actual fat content. McDougal v. Kraft Foods, Inc., No. 11-61202; Rogel v. Kraft Foods, Inc., No. 11-61281 (S.D. Fla., decided June 23, 2011). The plaintiffs filed voluntary dismissal notices in the cases, one of which is discussed in Issue 396 of this Update. A company spokesperson reportedly indicated when the McDougal complaint was filed that the allegations were unfounded. See Law360, June 23, 2011.
According to a news source, a Florida resident has filed a putative class action against Kraft Foods Global, Inc., alleging that the packaging for its Oscar Mayer® deli meat products misleads consumers by declaring the meat to be 98 percent fat free, with 50 calories per serving. McDougal v. Kraft Foods, Inc., No. 11-61202 (S.D. Fla., filed May 23, 2011). The plaintiff contends that consumers are misled to believe that just 2 percent of the 50 calories come from fat, when 20 percent of the calories per serving actually come from fat. Seeking to certify statewide and nationwide classes, the plaintiff alleges violation of consumer protection laws, breach of express warranty and unjust enrichment. The complaint is similar to one filed in a different federal district in Florida in April. Additional details about that lawsuit appear in Issue 391 of this Update. See Law360, May 24, 2011.
A Florida resident has alleged in a putative class action that Kraft Foods and Hormel Foods deceive the public by selling their prepackaged retail sandwich meat products in a way that suggests they contain far less fat than they actually do. Kuenzig v. Kraft Foods, Inc., No. 11-00838 (M.D. Fla., filed April 18, 2011). The companies allegedly state on their product labels that the sliced ham, turkey and other deli-style meats are 95, 96, 97, or 98 percent fat-free and juxtapose this information with a calorie count per serving. According to the plaintiff, this leads consumers to believe that of the 50 calories in a serving, for example, less than 5 percent comes from fat. Because the products could actually derive one-half of their calories from fat, the plaintiff contends that health-conscious consumers “will continue to be surprised to learn that Products they’ve purchased—and perhaps have repurchased for years—are about ten…
