Snapple Beverage Corp. has requested that a federal district court dismiss the individual claims remaining in litigation alleging that the company misled consumers by labeling beverages containing high-fructose corn syrup (HFCS) as “all natural.” Weiner v. Snapple Beverage Corp., No. 07-8742 (S.D.N.Y., motion filed September 17, 2010). In August 2010, the court issued an order denying plaintiffs’ request to certify a statewide class of claimants. Additional information about that order appears in Issue 363 of this Update. According to the defendant’s memorandum of law supporting its motion, while the plaintiffs “seek recovery of an alleged ‘price premium’” that they paid for the products, they (i) do not know how much they actually paid for Snapple, (ii) made no effort to determine how comparable products were priced when they purchased Snapple beverages, (iii) lack any receipt to document a Snapple purchase, (iv) “cannot recall with any certainty the price they paid…
Tag Archives soda/soft drink
Boston city officials are reportedly considering a move to prohibit or restrict sugar-sweetened beverages sold on city-owned property as a way of combating obesity. The city, which has already prohibited smoking in restaurants and bars and trans fat in fast food restaurants and bakeries, recently convened health, education and housing leaders to develop a policy to reduce sugary beverage consumption. While such a policy has yet to be officially drafted, Barbara Ferrer, executive director of the Boston Public Health Commission, told a news source that such a move seemed inevitable based on the city’s earlier promise to fight obesity by decreasing sweetened soda consumption through “counter-advertising and policy change.” Ferrer was quoted as saying that she expects public resistance to the potential ban because people view soft drinks differently from tobacco. “I think we’re going to run into a big issue of people saying, ‘Why would you take away our…
A recent study has purportedly linked consumption of carbonated diet sodas with an increased risk of premature birth. Thorhallur Halldorsson, et al., “Intake of artificially sweetened soft drinks and risk of preterm delivery: a prospective cohort study of 59,334 Danish pregnant women,” American Journal of Clinical Nutrition, June 30, 2010. Researchers evaluated data from approximately 60,000 pregnancies tracked in Denmark between 1996 and 2002. According to the study, women in the middle of their pregnancies who drank at least one diet soft drink daily were 38 percent more likely to have a premature baby before 37 weeks of pregnancy than those who abstained. In addition, women who drank at least four such products per day were at a 78 percent risk of early delivery. The researchers claimed that “no association was observed for sugar-sweetened carbonated soft drinks or for sugar-sweetened noncarbonated soft drinks” and suggested that more studies are needed…
Senators Tom Coburn (R-Okla.) and John McCain (R-Ariz.) have issued a report, “Summertime Blues,” in which they provide information about “100 stimulus projects that give taxpayers the blues.” Among the projects is a $521,000 grant to the University of Illinois to study whether taxes on soft drinks and other sugar-sweetened beverages can affect the incidence of obesity. According to the senators, “While it is hard to disagree that soda and other sugary drinks are contributing factors to the national obesity epidemic, it is easy to disagree whether federal dollars should be used to study the relationship between taxes and obesity.” In a related development, the CEO of a nonprofit foundation writing in The Hill’s “Pundits Blog,” called the District of Columbia’s decision to take a “soda tax” off the table “an unfortunate mistake.” Kathy Kemper opines that the proposal “would take our capital city far in reducing sugar consumption among…
A recent study has reportedly linked a 35 percent tax on sugar-sweetened beverages to a 26-percent reduction in sales over a four-week period. Jason Block, et al., “Point-of-Purchase and Education Intervention to Reduce Consumption of Sugary Soft Drinks,” American Journal of Public Health, June 2010. Harvard University researchers apparently imposed the equivalent of a penny-per-ounce tax on all sodas and sweetened beverages sold in the Brigham and Women’s Hospital cafeteria. They also examined the effects of a stand-alone health education campaign and one implemented in conjunction with the 45-cent tax. Their findings allegedly demonstrated that as the cost for sugar-sweetened beverages rose, (i) demand for these beverages declined; (ii) sales of coffee and diet soda increased; and (iii) consumers did not replace sugar-sweetened beverages with juices or other sugary snacks, “such as cakes and cookies.” When combined with the educational program, the tax resulted in an extra “18 percent decline…
AlterNet staff writer and editor Daniela Perdomo takes a look in this article at the money that the beverage industry is purportedly spending to oppose federal and state efforts to impose a tax on soft drinks. According to the article, the American Beverage Association increased its lobbying nearly 4,000 percent over the last quarter of 2009, from $140,000 to $5.4 million. The article cites statistics indicating that children and teens today consume 10 to 15 percent of their daily caloric intake in the form of soft drinks, and weigh more, at a shorter average height, than their counterparts when soft drinks were first introduced in the late 1880s. While some public health advocates argue that people should not consume more than one sweetened beverage each week, those blaming American obesity on lack of exercise counter that “soft drinks are an enjoyable, safe product that people have been enjoying for generations.”…
A recent study has reportedly linked “dietary and genetic evidence for phosphate toxicity” to premature aging in genetically engineered (GE) mice. Mutsuko Ohnishi and M. Shawkat Razzaque, “Dietary and genetic evidence for phosphate toxicity accelerating mammalian aging,” FASEB Journal, April 2010. Researchers first used “an in vivo genetic approach to determine the role of phosphate toxicity in mammalian aging,” engineering mice that lacked the gene responsible for regulating phosphate levels. These mice had a short life span and showed “numerous physical, biochemical and morphological features consistent with premature aging.” The study authors then genetically reduced serum phosphate levels, which ameliorated the aging-like features in a second group of mice and led to prolonged survival. But when fed “a high-phosphate diet,” these GE animals again exhibited signs of accelerated aging. According to the abstract, these findings “clearly suggest[s] that phosphate toxicity is the main cause of premature aging” in mice. The study further…
“Whether it’s the food industry, tobacco, or alcohol, they all use the same talking points and lobbying strategies,” opines the Marin Institute’s Michele Simon in this April 2010 article that likens “Big Soda” to the alcohol lobby. Simon draws on her experience as a research and policy director to claim that soft drinks are more analogous to alcohol than tobacco, noting that “the message is more about cutting down.” She thus offers six “lessons” for taking on industry in the fight over soft drink taxation. In particular, Simon advises consumer advocates to resist assertions that (i) “soda doesn’t cause obesity or that taxes won’t work”; (ii) “a penny per ounce tax will cause massive job loss”; and (iii) companies “care about poor people and working families.” She provides several strategies for refuting what she describes as industry misrepresentation and manipulation of data on these points. For example, she maintains that…
A recent study has allegedly linked soft drink consumption to an increased risk of developing pancreatic cancer. Mark Pereira, et al., “Soft Drink and Juice Consumption and Risk of Pancreatic Cancer: The Singapore Chinese Health Study,” Cancer Epidemiology, Biomarkers & Prevention, February 2010. Using data from 60,524 participants enrolled in the Singapore Chinese Health Study, researchers determined that individuals who consumed more than two carbonated, sugar-sweetened beverages per week “experienced a statistically significant increased risk of pancreatic cancer… compared with individuals who did not consume soft drinks after adjustment for potential confounders.” In addition, the study did not find a similar association for juice consumption. “The high levels of sugar in soft drinks may be increasing the level of insulin in the body, which we think contributes to pancreatic cancer cell growth,” one author was quoted as saying. Other scientists, however, have noted some limitations of the study, which was the…
A study of microbial contamination in soda fountains within a 22-mile radius of Roanoke, Virginia, claims that nearly one-half of them harbored “coliform bacteria” that could contain fecal matter. Amy S. White, et al., “Beverages obtained from soda fountain machines in the U.S. contain microorganisms, including bacteria,” International Journal of Food Microbiology, January 2010. Researchers studied 90 beverages of three types (sugar sodas, diet sodas and water) from 30 soda fountains (both self-service and staff-operated) to analyze and evaluate microorganisms with respect to U.S. drinking water regulations. They found that 48 percent of the beverages harbored coliform bacteria, 11 percent contained E. coli and 17 percent had Chryseobacterium meningosepticum. The authors speculated that the contamination could have come from “dispensing with a hand that wasn’t clean or using wet rags to wipe down the machine.” “These findings suggest that soda fountain machines may harbor persistent communities of potentially pathogenic microorganisms which may contribute to…
