The Cancer Project, a vegan advocacy group affiliated with the Physicians Committee for Responsible Medicine (PCRM), has reportedly filed a putative consumer fraud class action on behalf of three New Jersey residents that seeks to require cancer-risk labels on hot dogs and other processed meats. Filed July 22, 2009, in New Jersey Superior Court, the complaint names as defendants the parent companies of several hot dog manufacturers, including Kraft Foods Inc., Sara Lee Corp. and Nathan’s Famous Inc. The suit seeks damages for the named plaintiffs and declaratory relief under the Consumer Fraud Act for the proposed class. The Cancer Project has contended that processed meats contain human carcinogens like nitrites and N-nitrosodimethylamine (NDMA), basing its claim on a recent meta-analysis by the American Institute for Cancer Research that purportedly associates the daily consumption of processed meat with an increased risk of colorectal cancer. “Just as tobacco causes lung cancer,…
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A new report from the independent research organization Fraser Institute claims that Canada’s rigid advertising standards leave consumers in the dark about the potential health benefits of certain food products. “Canadian consumers are being denied,” Brett Skinner, the Fraser Institute’s director of bio-pharma and health policy, was quoted as saying. “They don’t know about the potential health benefits of many food products because information can’t be printed on labels.” The Consumers’ Association of Canada responded to the report by asserting that Canadians are well-served by the current system. “There’s no reason we should follow American standards,” an association representative said. “Some American consumer groups aren’t even happy with the amount of claims made on labels for foods.” See Fraser Institute Press Release; Canwest News Service, July 20, 2009.
The Government Accountability Office (GAO) and the Environmental Working Group (EWG), a nonprofit research and advocacy organization, released reports at a July 8, 2009, congressional subcommittee hearing that called for bottled water to be labeled with the same level of information as municipal water products. The GAO report stated that federal safety protections are often less stringent for bottled water than tap water, recommending at a minimum that the Food and Drug Administration (FDA) require bottlers to tell consumers ways of obtaining comprehensive information about the source of their products and compliance with applicable regulations. The EWG report included a survey claiming that all but a few bottled-water companies do not list the sources of their bottled water and how it was treated. EWG reportedly urged Americans to make bottled water “a distant second choice” to filtered tap water because of the lack of information about bottled water. “If the…
Consumers who sued the company that makes Van’s brand frozen waffles and a number of retailers, alleging that the calorie and nutrition information on the packaging did not accurately reflect what was in the products, have filed a motion to certify a nationwide class. Hodes v. Van’s Int’l Foods, No. 09-01530 (C.D. Cal., motion filed June 15, 2009). Additional information about the complaint appears in issue 295 of this Update. According to the motion, the defendants have filed motions to dismiss since the suit was filed in March 2009, and thus, no discovery has taken place. The named plaintiffs discuss how their complaint fulfills class certification requirements, contending that all class members were injured in the same way, that is, “they purchased Van’s waffles products in the belief that the waffles had the nutritional value represented by the labeling.” The plaintiffs argue that no conflicts of laws issues arise because they…
California’s Office of Environmental Health Hazard Assessment (OEHHA), which is responsible for implementing the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65), is reportedly reviewing a joint industry proposal submitted in April 2009 with detailed recommendations for a comprehensive food warning system. OEHHA has been conducting meetings with stakeholders to develop a regulation that would provide consumers with point-of-sale warnings about food chemicals known to the state to cause cancer or pose reproductive health hazards. The California Grocers Association, California Retailers Association, California League of Food Processors, American Beverage Association, and Grocery Manufacturers Association proposal would exempt small retail establishments from regulation and would allow warnings to be provided via (i) signage at a store’s entrance, (ii) pamphlets or brochures, or (iii) the backs of cash register receipts. Environmental groups and consumer advocates have reportedly criticized the industry approach, saying that most consumers would remain unaware…
The National Restaurant Association (NRA) and the Center for the Science in the Public Interest (CSPI) have reportedly expressed support for a bipartisan compromise on menu-labeling legislation that would require chain establishments with 20 or more outlets nationwide to provide nutrition information on menus or menu boards. The revamped legislation apparently combines elements of the Menu Education and Labeling (MEAL) Act, sponsored by Senator Tom Harkin (D-Iowa), and the Labeling Education and Nutrition (LEAN) Act, sponsored by Senators Tom Carper (D-Del.) and Lisa Murkowski (R-Ala.). The new bill would also exempt small businesses, as well as waive the labeling requirements for custom orders, temporary specials and items like condiments that are not listed on menu boards. In addition, a separate provision would entail “the disclosure of calories for food items on vending machines owned by individuals operating 20 or more vending machines,” according to a June 10, 2009, press release…
The Center for Science in the Public Interest (CSPI) has targeted a number of restaurants in its Xtreme Eating 2009 report, which also singles out four plates as particularly high in calories, fat and sodium. The public watchdog has lambasted chain establishments for making “already bad foods even worse,” claiming that some appetizers rival entrée-sized portions in terms of daily dietary intake. The report names Applebee’s Quesadilla Burger, Chili’s Big Mouth Bites, Cheesecake Factory’s Chicken and Biscuits, and Red Lobster’s Ultimate Fondue among the dishes that purportedly contribute to “America’s epidemic of obesity and diet-related disease.” Pledging to make its “Xtreme Eating Awards” an annual affair, CSPI has backed legislation pending before the U.S. Congress that would introduce menu labeling laws similar to ones enacted in Nashville, New York City, Philadelphia, Portland, California, and Massachusetts. “Ultimately, Americans bear personal responsibility for their dining choices,” stated CSPI director Margo Wootan in…
U.S. Senator Tom Harkin (D-Iowa) and U.S. Representative Rosa DeLauro (D-Conn.) have introduced companion bills (S. 1048 and H.R. 2426) that would amend the Federal Food, Drug and Cosmetic Act “to extend the food labeling requirements of the Nutrition Labeling and Education Act of 1990” to standard menu items offered at large chain restaurants. Known as the MEAL Act, the bills would require restaurants with “20 or more locations doing business under the same name” to display “in a prominent location on the menu” the amount of calories, saturated fats, trans fats, carbohydrates, and sodium contained in each menu item. The legislation asserts that “the provision of nutrition information for away-from-home foods has a positive influence on food purchase decisions,” thus enabling consumers to “manage their weight and reduce the risk of, or manage, heart disease, diabetes, and high blood pressure, which are the leading causes of death, disability, and…
Massachusetts has adopted tough rules requiring chain restaurants with at least 20 outlets in the state to prominently display calorie information on big boards dangling from ceilings, on printed menus and at drive-through windows. The rule, unanimously adopted by the Massachusetts Public Health Council, will take effect November 1, 2010, and reportedly affects about 50 chain restaurants with nearly 5,300 locations in the state. “This is a major step in the right direction in fighting the obesity epidemic in our state,” Massachusetts Department of Public Health Commissioner John Auerbach was quoted as saying. “We know that providing this information will help our residents make more informed choices.” More than a dozen states are apparently considering similar rules. California passed a similar law in fall 2008, but its regulations do not extend to drive-through restaurants. New York City began enforcing a calorie-posting rule in July 2008 for restaurants with more than…
The Food and Drug Administration has issued a warning letter to General Mills, Inc., alleging that labeling for the company’s Cheerios® Toasted Whole Grain Oat cereal contains “serious violations of the Federal Food, Drug, and Cosmetic Act (the Act) and the applicable regulations in Title 21, Code of Federal Regulations (21 CFR).” FDA has specifically alleged that this Cheerios product “is promoted for conditions that cause it to be a drug because the product is intended for use in the prevention, mitigation and treatment of disease.” The warning letter singles out claims suggesting that Cheerios can “lower your cholesterol 4 percent in 6 weeks” and “reduce bad cholesterol by an average of 4 percent,” as well as a claim that “Cheerios is.. clinically proven to lower cholesterol. A clinical study showed that eating 1½ cups servings daily of Cheerios cereal reduced bad cholesterol when eaten as part of a diet…
