The Idaho Senate has approved a joint memorial bill (S.J.M. 102) that would (i) state legislative findings, including that “taxpayers have a right to expect that their tax dollars will purchase fresh, healthy food that meets nutritional standards that will not contribute to health issues and higher medical costs,” and (ii) urge the federal government “to prohibit the purchase of unhealthy food items with Supplemental Nutritional Assistance Program (SNAP) benefits.” Introduced on March 19, 2013, the proposal was adopted by voice vote on March 22 and sent to the state House. The bill lists the types of foods that the legislature deems unhealthy, including “energy drinks defined as a beverage containing at least sixty-five milligrams of caffeine per eight fluid ounces that is advertised as being specifically designed to provide metabolic stimulation or an increase to the consumer’s mental or physical energy; a sweetened beverage or ‘soft drink’ defined as…
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The company that makes the Muscle Milk® line of nutrition products has agreed to settle putative class claims that it misrepresented the products’ nutritional value. Delacruz v. CytoSport, Inc., No. 11-3532 (N.D. Cal., motion to approve settlement filed March 7, 2013). Details about the complaint appear in Issue 403 of this Update. A court order leaving just one issue in the case—an allegation that labeling claims of “healthy fats” in a Muscle Milk® product could deceive because a reasonable consumer would expect the product to contain unsaturated and not saturated fats—is summarized in Issue 436 of this Update. Under the proposed agreement, the company would pay the equivalent of $5.275 million for awards to the named plaintiff and class members, a cy pres award, injunctive relief, class notice and settlement administration costs, attorney’s fees and expenses, and products in kind. Claimants with proof of purchase would receive up to $30 each;…
A federal court in California has granted in part and denied in part the motion to dismiss filed by Quaker Oats in consolidated cases alleging that the company falsely advertises products such as granola bars and instant oatmeal containing small amounts of trans fats as healthy. In re: Quaker Oats Labeling Litig., No. 10-502 (N.D. Cal., decided March 28, 2012). According to the court, the plaintiffs’ “primary contention” is that consuming “any amount of artificial ‘trans fat’ is unhealthy, and that therefore various aspects of the labeling on Quaker’s products” are false and misleading under California law. The court earlier determined that some of the claims were preempted by federal law. Additional information about the litigation appears in Issue 369 of this Update. Regarding the plaintiffs’ expanded pleadings, which complain of “various additional statements and images on Chewy Bars, Instant Oatmeal, and Oatmeal To Go Bars,” the court refused to…
Venture capitalist and physician Mitchell Blutt, writing for Forbes.com, suggests that the rising cost of health care will lead inexorably to the stigmatization of unhealthy foods as the “new tobacco.” According to Blutt, unhealthy food will one day be “publicly identified as an addictive problem and perhaps even some day, deemed a drug.” He believes that government will likely impose taxes on unhealthy foods and beverages, described as those high in calories, such as soft drinks and snacks. He calls the “scientific data demonstrating the health hazards of excessively sugared beverages in children” compelling. But, while he acknowledges that “sin taxes” will reduce consumption of unhealthy foods, he does not believe that these trends will reduce the chronic diseases associated with obesity and poor diet. “That’s generations off,” he concludes. See Forbes.com, October 6, 2009.
