A study reevaluating “the traditional diet-heart hypothesis” concludes that replacing dietary saturated fat with vegetable oils lowers serum cholesterol but does not reduce the risk of death from coronary heart disease or other causes. Christopher Ramsden, et al., “Re-evaluation of the traditional diet-heart hypothesis: analysis of recovered data from Minnesota Coronary Experiment (1968-73),” BMJ, April 2016. Using previously unpublished data from the Minnesota Coronary Experiment (MCE)—“a double blind randomized controlled trial designed to test whether replacement of saturated fat with vegetable oil rich in linoleic acid reduces coronary heart disease and death by lowering serum cholesterol”—researchers examined data on diet, serum cholesterol and health outcomes for 9,423 women and men ages 20 to 97 years. Their results evidently showed that substituting saturated fat with linoleic acid showed no benefits for coronary atherosclerosis or myocardial infarcts, even though participants in the dietary intervention group exhibited a significant reduction in serum cholesterol…
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In an amended complaint, a plaintiff has alleged that Campbell Soup Co.’s Prego® sauces contain canola oil with genetically modified organisms (GMOs) despite the products’ “100% Natural” label claims. Nelson v. Campbell Soup Co., No. 14-2647 (S.D. Cal., amended complaint filed June 8, 2015). The complaint asserts that 90 percent of canola crops in the United States are genetically modified, and because Campbell does not “undertake additional expensive steps to purchase and verify a supply from non-GMO growers,” the canola oil used in Prego® products includes GMOs. The plaintiff argues that a “reasonable California consumer, like Plaintiff, would not expect a Product labeled ‘100% Natural’ to contain ingredients made from genetically modified crops, which are, by definition, artificial and synthetic.” She seeks damages and attorney’s fees for her allegations of unfair competition and false advertising. Issue 568
The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety and the Food and Drug Administration’s Center for Food Safety and Applied Nutrition have announced a January 13, 2015, public meeting in College Park, Maryland, to discuss draft U.S. positions for consideration during the 24th Session of the Codex Committee on Fats and Oils slated for February 9-13 in Melaka, Malaysia. Agenda items at the January meeting include a proposed draft standard for fish oils and discussion papers focusing on (i) cold pressed oils and (ii) amended standards for sunflower seed oils and high oleic soybean oil. See Federal Register, November 19, 2014. Issue 546
The U.K. Food Standards Agency (FSA) has requested public comments about a novel foods application submitted by a U.S. company seeking permission to use refined oil from Bugglossoides arvensis seeds in its food products. The company suggests in the application that the oil is a rich source of omega-3 and omega-6 fatty acids and could be consumed by people who want to increase their intake of omega-3 fatty acids, but are unwilling or unable to consume fish oils—vegetarians, for example. The applicant also indicated that oil made from Bugglossoides arvensis seeds is similar in composition to Echium oil, which is already approved for use in foods in the European Union. FSA will accept comments until July 15, 2013. See FSA News Release, June 25, 2013.
A federal court in New York has amended the preliminary injunction entered against Kangadis Food Inc., doing business as The Gourmet Factory, originally requiring that the company send stickers to affix to all products sold as “100% Pure Olive Oil” and provided to wholesalers and retailers before March 1, 2013, because those products were actually made from Pomace, a processed oil made from olive pits, skins and pulp. N. Am. Olive Oil Ass’n v. Kangadis Food Inc., No. 13-868 (S.D.N.Y., order entered May 7, 2013). Additional information about the earlier injunction appears in Issue 482 of this Update. The stickers were intended to inform consumers that the products were not “100% Pure Olive Oil.” The parties sought reconsideration after Kangadis indicated that it would prefer to recall its products from wholesalers and replace them with tins and bottles that do not contain Pomace. The plaintiff trade association agreed to allow…
The U.S. Department of Agriculture’s Food Safety and Inspection Service and the Food and Drug Administration have announced a February 5, 2013, public meeting in Washington, D.C., to provide information and receive public comments on draft U.S. positions for discussion during the 23rd Session of the Codex Committee on Fats and Oils of the Codex Alimentarius Commission in Langkawi, Malaysia, on February 25-March 1, 2013. Agenda items include a proposed draft standard for fish oils, proposed draft amendment to parameters for rice bran oil in the standard for named vegetable oils, discussion paper on the revision of the limit for campesterol in the Codex standard for olive oils and olive pomace oils, and discussion paper on cold-pressed oils. See Federal Register, January 23, 2013.
A Change.org petition started by a high school student urges PepsiCo Americas Beverages and Gatorade Canada to remove brominated vegetable oil (BVO) from their products, citing a December 12, 2012, Scientific American article allegedly linking the stabilizer to “impaired neurological development, reduced fertility, early onset of puberty and altered thyroid hormones.” Garnering more than 180,000 signatures, the petition argues that BVO is banned in both the European Union and Japan, where Gatorade sports beverages do not contain the ingredient. “You put slick ads on TV encouraging people like me to buy your products, but it’s shocking that you have a flame retardant chemical called ‘brominated vegetable oil’ in some flavors,” opines the petitioner. “Please stop deceiving consumers and remove this chemical from your products.” In a related development, the U.K. Food Standards Agency (FSA) has issued a call for research on the occurrence of brominated flame retardants (BFRs) in food…
The U.S. Judicial Panel on Multidistrict Litigation (JPML) has consolidated six actions questioning the “100% Natural” claims for Wesson oil products before a multidistrict litigation (MDL) court in California. In re: Wesson Oil Mktg. & Sales Practices Litig., MDL No. 2291 (JPML, transfer order filed October 13, 2011). The defendant requested the transfer, and while the California, Florida and New Jersey plaintiffs supported consolidation, they disagreed on the transferee district. According to the court, centralization “in the Central District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.” The court found, “All actions contain similar allegations against ConAgra and share factual questions regarding the labeling and marketing of Wesson oils as ‘100% Natural’ when the oils purportedly contain genetically modified plants or organisms. Little litigation activity has occurred in the actions, which were all filed within the past…
George Washington University Law School Professor John Banzhaf, who teaches “public interest” law, has issued a press release discussing recent class action claims against ConAgra over its “All Natural” cooking oil representations. According to Banzhaf, such litigation could be in the vanguard of many similar lawsuits against food companies that would be targeted by “both money-hungry lawyers and public-interest attorneys.” He discusses the litigation that he and his students successfully filed against McDonald’s for allegedly misleading consumers about the content of the oil in which it cooks its French fries and notes that many manufacturers claiming to make “all natural” foods could be held liable in consumer fraud actions if the ingredients are genetically engineered or contain high-fructose corn syrup. Banzhaf concludes by suggesting, in light of Forbes calling obesity-related litigation “the next tobacco,” that “perhaps ‘all-natural’ is the next fat.” Banzhaf made a name for himself decades ago by…
The parents of a 29-year-old who died after he fell into a vat of chocolate have filed a wrongful death action in a Pennsylvania state court against the company that owned the plant where he worked and a number of other defendants involved in manufacturing the allegedly faulty equipment that purportedly led to the accident. Smith v. Lyons & Sons, Inc., No. __ (Pa. Ct. Com. Pleas, Philadelphia Cty., filed July 1, 2011). The decedent allegedly slipped on a cardboard-covered platform made slippery with chocolate and other materials and fell into the vat through unguarded holes. The vat was “processing, mixing and melting chocolate at extremely high temperatures at the time.” Co-workers were allegedly unable to stop the vat from operating because the switch was not located on the platform. Alleging negligence, strict liability and breach of express and implied warranties, the plaintiffs seek damages in excess of $50,000. The…
