Massachusetts Governor Deval Patrick (D) has proposed eliminating the state’s sales tax exemption on soft drinks and candy to combat obesity and control rising health care costs. Included in his fiscal year 2013 budget recommendation, Deval’s plan would reportedly raise $61.5 million targeted in large part to preserving public health programs and preventative care services. “In the past 10 years, the percentage of Massachusetts adults with diabetes has almost doubled, and obesity will soon pass smoking as the leading cause of preventable death,” according to a recent budget issue brief released by the governor. “Consumption of candy and soda is on the rise. Per capita candy consumption has increased steadily since the mid-1980s. Candy and soda add significant non-nutritional calories to the diets of Americans and are directly linked to obesity, especially among children.” See News Release of Governor Deval Patrick, January 25, 2012.
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According to news sources, the Center for Food Safety, which lost its challenge to the U.S. Department of Agriculture’s (USDA’s) decision to deregulate without restriction genetically engineered (GE) alfalfa, plans to appeal the matter to the Ninth Circuit Court of Appeals. A federal court in California determined on January 5, 2012, that the law does not require the agency to “account for the effects of cross-pollination on other commercial crops” in assessing whether a new crop poses risks. U.S. District Judge Samuel Conti also reportedly said that USDA lacks the authority to require a buffer zone between GE crops and conventional or organic crops. Noting that the Environmental Protection Agency (EPA) has approved the use of glyphosate on Roundup Ready® alfalfa, Conti further observed, “If plaintiffs’ allegations are true, then it is disturbing that EPA has yet to assess the effects of glyphosate on most of the species found near…
A number of fruit juice manufacturers have filed a motion to dismiss the multidistrict litigation (MDL) consumer fraud lawsuits pending in a Massachusetts federal court. In re: Fruit Juice Prods. Mktg. & Sales Practices Litig., MDL No. 2231 (D. Mass, motion filed July 29, 2011). The lawsuits, involving plaintiffs from California, Colorado, Florida, and Massachusetts, allege violations of state consumer protection laws, breach of warranty and unjust enrichment in the sale and promotion of fruit juices purportedly containing lead. The motion asserts that the plaintiffs lack standing because they “have suffered no economic injury,” their pleadings do not allege facts showing a plausible injury, the Nutrition Labeling and Education Act preempts the claims, the suits were brought “under the laws of states in which Plaintiffs do not live and did not purchase any of Defendants’ products,” and the plaintiffs have failed to state any claim under the laws of their home…
According to a news source, animal rights activists have recently been pressing members of the Massachusetts House of Representatives to pass a bill (H00458) that would “prohibit the confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs.” The Prevention of Farm Animal Cruelty Act would apply to veal calves, breeding pigs, and egg-laying hens. Those found in violation of the law would be guilty of a misdemeanor and could face up to a $1,000 fine and/or up to 180 days in jail. See The Associated Press, May 2, 2011.
According to the Department of Justice, a Massachusetts-based fish packer has been convicted of several criminal charges for falsely labeling packages of frozen fish fillets. A federal jury in Boston found Stephen Delaney guilty of a felony violation of the Lacey Act for falsely labeling $8,000 worth of frozen pollock, a product of China, as more expensive cod loins, a product of Canada. The jury also convicted Delaney of one misdemeanor violation for misbranding food under the Food, Drug, and Cosmetic Act; he allegedly placed into interstate commerce $203,000 worth of Chinese frozen fish fillets falsely labeled as products of Canada, Holland, Namibia, and the United States. Evidence at trial apparently indicated that he also changed 4 oz. labels on some packages to 5 oz. labels. Delaney will be sentenced on June 8, 2011; he faces up to six years in jail and up to $350,000 in fines. See Department of…
Boston Mayor Thomas Menino (D) has issued an order that will require all city departments to take steps to stop “the sale, advertising, and promotion of sugary beverages on City-owned property.” The mayor is apparently concerned about setting an example in a community with high obesity rates that he attributes in part to the consumption of sweetened beverages. Under the executive order, only certain types of beverages will be sold in city cafeterias and vending machines and at city concession stands, or served during meetings, city-run programs and events catered with city funds. After a six-month grace period, city buildings and departments must phase out the sale of “red” beverages, that is, “those loaded with sugar, such as non-diet sodas, pre-sweetened ice teas, refrigerated coffee drinks, energy drinks, juice drinks with added sugar and sports drinks.” The promotion of such beverages will be prohibited. “Green” beverages can continue to be…
A federal court in Massachusetts has certified a class of Starbucks’ employees alleging that the company’s policy of requiring tip-sharing by baristas and their supervisors violates state law; the court also granted the plaintiffs’ motion for summary judgment on that issue. Matamoros v. Starbucks Corp., No. 08-10772 (D. Mass., decided March 18, 2011). So ruling, the court rejected the defendant’s argument that “intractable intra-class conflict” precludes certification. According to the court, “an interest by certain putative class members in maintaining the allegedly unlawful policy is not a reason to deny class certification. Indeed, were the Court to hold otherwise, an employer could readily insulate itself from class liability simply by establishing a communal ‘tip pool’ for both managerial and non-managerial employees. Such an ‘end run’ clearly contravenes the purpose of the Tips law.”
Massachusetts public health regulators have reportedly approved proposed rules that would prohibit public schools from selling sweetened soft drinks, salty and calorie-laden packaged snacks, and white bread sandwiches as a way to combat childhood obesity. Effective in the 2012-13 school year, the proposed regulations need the approval of the state’s Public Health Council, which is expected to consider the issue in spring 2011. According to a news source, the proposed regulations would apply to a la carte lines, snack shops and vending machines, but not main cafeteria lines. “You don’t want to be feeding kids a bunch of sugar or low-nutrient foods and expect them to be well-prepared to learn,” said Jill Carter, executive director of the Health and Wellness Department in Boston’s public schools. See The Boston Globe, February 10, 2011.
The Massachusetts Public Health Council has approved a ban on the production and sale of reusable plastic products containing bisphenol A (BPA) that are intended for children younger than age 3. Targeted mainly at baby bottles and sippy cups, the ban will reportedly take effect on January 1, 2011, for manufacturers and July 1 for retailers. “We are taking this action as a precautionary measure,” Department of Public Health Commissioner John Auerbach said in a statement. “Our goal is to protect our most vulnerable residents—our children—in the light of mounting scientific evidence about the potential dangers of BPA.” See Massachusetts Office of Health and Human Services Press Release, December 15, 2010.
Ocean Spray Cranberries, Inc. has filed a lawsuit against a competitor alleging that it has orchestrated “an unlawful and malicious campaign” against Ocean Spray designed to damage the company’s reputation, frustrate its relationships with customers and undermine its dealings with grower-owners and other cranberry growers in the industry. Ocean Spray Cranberries, Inc. v. Decas Cranberry Prods., Inc., No. 10-11288 (D. Mass., filed August 2, 2010). According to the complaint, the defendants have falsely accused Ocean Spray of creating “a significant oversupply of cranberries” in the industry and contributing to that surplus by reducing the amount of cranberries in its products. Ocean Spray details the various means the defendant has used to disseminate its “smear campaign,” including letters to growers, blog posts, and a letter to the U.S. Attorney General seeking an investigation of Ocean Spray. Ocean Spray also alleges that the defendant developed a “false and misleading social media campaign”…
