The Cancer Project, a vegan advocacy group affiliated with the Physicians Committee for Responsible Medicine (PCRM), has reportedly filed a putative consumer fraud class action on behalf of three New Jersey residents that seeks to require cancer-risk labels on hot dogs and other processed meats. Filed July 22, 2009, in New Jersey Superior Court, the complaint names as defendants the parent companies of several hot dog manufacturers, including Kraft Foods Inc., Sara Lee Corp. and Nathan’s Famous Inc. The suit seeks damages for the named plaintiffs and declaratory relief under the Consumer Fraud Act for the proposed class.

The Cancer Project has contended that processed meats contain human carcinogens like nitrites and N-nitrosodimethylamine (NDMA), basing its claim on a recent meta-analysis by the American Institute for Cancer Research that purportedly associates the daily consumption of processed meat with an increased risk of colorectal cancer. “Just as tobacco causes lung cancer, processed meats are linked to colon cancer,” stated Cancer Project President Neal Barnard in a July 22 press release. “Companies that sell hot dogs are well aware of the danger, and their customers deserve the same information.”

Meanwhile, the American Meat Institute (AMI) and several nutrition experts have questioned the scientific claims behind the complaint. “We hope the court will move quickly to review the science affirming the safety of hot dogs and processed meats and dismiss this lawsuit, recognizing it for the nuisance that it is,” said AMI President J. Patrick Boyle. “Meat products are regulated and inspected by USDA and
bear the federal government’s seal of inspection, showing they are wholesome and nutritious. While PCRM argues for warning labels on our safe products, the labels would be more appropriately placed on PCRM’s web sites and press releases to alert consumers to their true agenda.” See Law360, Los Angeles Times and AMI Press Release, July 22, 2009.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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