Tag Archives soda/soft drink

With the launch of its Change4Life campaign, Public Health England (PHE) has issued a free bar code-scanning app that displays the sugar content of foods and beverages. Claiming that children ages 4 to 10 consume 22 kilograms of sugar per year—”the average weight of a 5-year-old”—the campaign also features TV, digital and outdoor advertising as well as educational packs to be distributed by schools. Among other things, PHE highlights tooth decay as “the most common reason” for hospital admissions among children ages 5 to 9. To this end, the “Smart Sugar” app allows users to scan product bar codes at supermarkets to display the sugar content in grams or cubes. According to PHE, which notes that a single serving of soda contains 9 cubes of sugar, the recommended daily maximum sugar intake is (i) “5 sugar cubes for children aged 4 to 6,” (ii) “6 sugar cubes for children aged…

“If any one name evokes unfettered truths about the sociopolitical machinations of ‘Big Food,’ it is that of Marion Nestle, professor of nutrition, food studies and public health at New York University,” proclaims physician David Katz in a review of Nestle’s new book, Soda Politics: Taking on Big Soda (and Winning). “Dominions of fizz,” Nature, October 1, 2015. Nestle describes, according to Katz, “softball” strategies employed by industry—“… scientific evidence on health effects, the industry’s impact on the environment and the preferential marketing of soft drinks to children, specific ethnic groups and poor people …”—as well as “the correspondence between the tactics of the soft-drinks and tobacco industries.” Those alleged tactics, Nestle asserts, include “’hardball’ strategies such as litigation, lobbying of Congress, and front groups such as New Yorkers Against Unfair Taxes, established by the beverage industry to oppose a soft-drinks levy.”   Issue 580

Analyzing data from more than 2,500 participants enrolled in a National Heart, Lung and Blood Institute study, Tufts University researchers have reportedly concluded that “a daily sugar-sweetened beverage [SSB] habit may increase the risk for non-alcoholic fatty liver disease (NAFLD).” Jiantao Ma, et al., “Sugar-sweetened beverage, diet soda and fatty liver disease in the Framingham Heart Study cohorts,” Journal of Hepatology, June 2015. The study relied on self-reported dietary questionnaires to assess consumption of SSBs—including soda and other sweetened carbonated beverages, fruit punches, lemonade and non-carbonated fruit drinks—then used computer tomography (CT) scans “to measure the amount of fat in the liver.” Although the study found no association between diet soda intake and NAFLD, it evidently reported “a higher prevalence of NAFLD among people who reported drinking more than one [SSB] per day compared to people who said they drank no [SSBs].” “Our study adds to a growing body of research…

A California federal court has refused to dismiss a class action consolidated from nine lawsuits against PepsiCo, Inc. alleging that the company concealed its products’ content of 4-methylimidazole (4-MEI), a chemical listed as known to cause cancer or reproductive harm under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Sciortino v. Pepsico, No. 14-0478 (N.D. Cal., order entered June 5, 2015). The lawsuits were filed after a January 2014 Consumer Reports test reportedly found that the caramel coloring in PepsiCo sodas contained 4-MEI at levels higher than the Prop. 65 safety threshold of 29 micrograms. Details of a similar lawsuit dismissed in March 2015 requesting medical monitoring appear in Issue 557 of this Update. The court first discussed the notice requirements under Prop. 65, which require 60 days of notice of the alleged violation to government agencies to provide a “non-adversarial opportunity for public agencies to…

Big Red, Inc., a beverage company owned by Dr Pepper Snapple Group Inc., has filed a trademark infringement lawsuit against Catawissa Bottling Co., alleging that the company packages its Big Ben cream soda too similarly to Big Red’s red cream soda product. Big Red, Inc. v. Catawissa Bottling Co., Inc., No. 15-1423 (N.D. Tex., filed March 6, 2015). Big Red cites as distinctive its “consistent product packaging, which is unified by a central configuration: Two single syllable words, ‘BIG RED,” are featured prominently on the center of a label and positioned between stylized text or small accents. The label is then imposed on a clear, wide shouldered bottle with a tapered neck that angles smoothly towards the collar.” Big Ben “is artificially colored to an identical shade of red,” Big Red argues, and “is marketed in product packaging that is nearly identical.” Big Red alleges federal and state trademark and…

University of Cambridge researchers report that replacing one soft drink per day with water or unsweetened coffee/tea reduced the incidence of diabetes by 14 to 25 percent in a prospective cohort of 25,639 adults enrolled in the European Prospective Investigation into Cancer and Nutrition. Laura O’Connor, et al., “Prospective associations and population impact of sweet beverage intake and type 2 diabetes, and effects of substitutions with alternative beverages,” Diabetologia, May 2015. Funded by Medical Research Council and Cancer Research UK, the study relied on food diaries completed over 11 years of follow-up, during which time 874 participants developed type 2 diabetes. The findings evidently show a 22-percent increase in diabetes risk per additional daily serving of soft drink, sweetened milk beverage or artificially sweetened beverage (ASB)—although the association with ASB consumption disappeared when researchers accounted for body mass index and waist girth as markers of obesity. As the authors observed in a May…

A California federal court has dismissed a lawsuit arguing that PepsiCo Inc. should provide medical monitoring for a class of Diet Pepsi or Pepsi One purchasers because the company does not warn consumers that 4-methylimidazole (4-MEI), a compound in caramel coloring, has allegedly been linked to potential health risks in rodent studies. Riva v. PepsiCo, Inc., No. 14-2020 (N.D. Cal., order entered March 4, 2015). The case was severed from a consolidated class action after the plaintiffs decided to pursue medical monitoring and personal injury claims not included in the consolidated action. Information about the case’s transfer of venue appears in Issue 523 of this Update. The court determined that the plaintiffs lacked standing to pursue the claim because “they have not established that the alleged risk of bronchioloalveolar cancer (for which they seek lung scans and testing) is both credible and substantial.” The studies cited as support for the…

A joint study by Consumer Reports and the Johns Hopkins Center for a Livable Future claims that 4-methylimidazole (4-MEI) exposures “associated with average rates of soft drink consumption pose excess cancer risks exceeding one case per 1,000,0000 exposed individuals, which is a common acceptable risk goal used by U.S. federal regulatory agencies.” Tyler Smith, et al., “Caramel Color in Soft Drinks and Exposure to 4-Methylimidazole: A Quantitative Risk Assessment,” PLOS One, February 2015. Researchers apparently used ultra-high-performance liquid chromatography-tandem mass spectrometry to estimate 4-MEI concentrations in 12 beverages purchased in California and New York City, then assessed exposure levels based on data obtained from the National Health and Nutrition Examination Survey, California Environmental Protection Agency Office of Environmental Health Hazards Assessment (OEHHA) and U.S. Census Bureau. In addition to ranking 4-MEI concentrations by brand, product and geographic location, the study authors calculated the lifetime average daily dose and lifetime excess cancer…

The Rudd Center for Food Policy and Obesity has published Sugary Drink FACTS 2014, a report funded by the Robert Wood Johnson Foundation that targets trends in beverage advertising to children. Claiming that companies spent $866 million on advertising for sugar sweetened beverages (SSBs) in 2013, the report argues that even though youth-oriented TV programs and websites showed fewer SSB ads in 2013 than in 2010, the advertising available “is still overwhelmingly for unhealthy drinks.” The authors point out that as SSB advertising on children’s websites declined by 72 percent, “the popularity of energy drinks and regular soda brands on social media increased exponentially from 2011 to 2014.” According to the report, energy drink and regular soda brands now represent 84 percent of the 300 million Facebook likes for the brands included in the analysis, 89 percent of 11 million Twitter followers, and 95 percent of 1.8 billion YouTube views. In…

In a 10-4 vote, the Navajo Nation Council has approved a tax on “junk” foods sold on the largest reservation in the United States. If President Ben Shelly signs the measure into law, the Healthy Dine Nation Act of 2014 would apply to items like cookies, chips and soft drinks, and the revenue generated would be directed to a fund supporting farmers markets, the planting of vegetable gardens, purchase of exercise equipment, and other health-focused projects. Shelly evidently vetoed similar legislation earlier in 2014, reportedly saying that he supported the goals of the tax initiative but questioned its implementation. Proponents of the tax reportedly cite the high rates of diabetes among American Indians and Alaska Natives—the highest among U.S. racial and ethnic groups—as the main reason to pass the legislation. See Associated Press, November 15, 2014.   Issue 546

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