A federal court in New Jersey has reportedly refused to seal information about a proposed settlement involving putative class claims that the manufacturers of “Pirate’s Booty” and “Veggie Booty” food products misrepresented their nutritional labeling information. Schatz-Bernstein v. Keystone Food Prods., Inc., No. 08-3079 (D.N.J., order entered April 17, 2009). The snacks were allegedly marketed as containing only 2.5 grams of fat and 120 calories per serving, when they actually contained nearly four times the fat and were 25 percent higher in calories. The plaintiff alleges breach of express warranty, unjust enrichment and a violation of consumer protection laws. According to a news source, the defendants sought to seal settlement details that the plaintiff allegedly published improperly. The plaintiff has apparently maintained that the defendants reneged on the agreement. Denying the defendants’ motion to seal, the court reportedly ruled that the defendants wrongly classified their settlement discussions with the court…
Tag Archives nutrition
The Food and Drug Administration (FDA) has prepared a summary of the comments and information provided during a 2007 hearing on the use of symbols to communicate nutrition information. Posted to the hearing docket on April 28, 2009, the document notes that significant gaps remain in research about consumer perception, understanding and use of symbols that convey information about nutrition claims on food products. According to the FDA, numerous nutrition symbol systems already exist, but because they “differ greatly,” “the ability of consumers to use these symbols to make nutritional comparisons between products or to determine how a food fits into a diet is uncertain.” FDA commissioned a focus group study and “is currently analyzing qualitative information collected from the study to explore varieties and ranges of consumers’ understanding of and reactions to a selected sample of existing and alternative nutrition symbols.” The agency also apparently needs more information about…
The 111th Congress is now on recess until April 20, 2009, but before legislators left Washington, D.C. for their district offices, they introduced several more bills relating to food safety, nutrition or wellness. They include: H.R. 1869 – Introduced April 2, 2009, by Representative James McGovern (D-Mass.), this bill would require the president to convene a “White House Conference on Food and Nutrition.” The main focus of the bill is addressing hunger and food insecurity. It has been referred to the House Committee on Agriculture. H.R. 1897 – Introduced April 2, 2009, by Representative Earl Blumenauer (D-Ore.), this proposal would amend the Internal Revenue Code to give employers a tax credit for the costs of implementing workplace wellness programs that would have health awareness, employee engagement, behavioral change, and supportive environment components. Among the targets of the legislation are obesity and fitness. The bill, which has a companion in the…
Two recent studies have reportedly examined the impact of location on the accessibility and quality of healthy food. Manuel Franco, et al., “Availability of Health Foods and Dietary Patterns: The Multi-Ethnic Study of Atherosclerosis,” American Journal of Clinical Nutrition, March 2009. Manuel Franco, et al., “Neighborhood Characteristics and Availability of Healthy Foods in Baltimore,” American Journal of Preventative Medicine, December 2008. Researchers with the Johns Hopkins Bloomberg School of Public Health, the University of Texas, and the University of Michigan apparently found that approximately 46 percent of lower-income neighborhoods in Baltimore City and Baltimore County, Maryland, had a low availability of fresh fruits and vegetables, skim milk, and whole wheat bread. The studies relied on information gleaned from 759 participants in the Multi-Ethnic Study of Atherosclerosis (MESA) and a systematic survey of 159 neighborhoods and 226 neighborhood stores in the Baltimore area. “Previous studies have suggested that race and income are…
