Category: Issue 333
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Study Claims Soda Fountains May Dispense Fecal Bacteria
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…
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CDC Data Suggest Obesity Rates Leveling Off
Two recent studies have reportedly suggested that obesity rates in America have remained constant for at least five years among men and closer to 10 years for women and children. Using data obtained from the Centers for Disease Control and Prevention’s (CDC’s) National Health and Nutrition Examination Survey (NHANES), researchers concluded that although approximately 32 percent…
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Heart Disease Allegedly Linked to Higher Urinary Concentrations of BPA
A recent study has claimed that “higher urinary concentrations of bisphenol A [BPA] are associated with an increased prevalence of coronary heart disease.” David Melzer, et al., “Association of Urinary Bisphenol A Concentration with Heart Disease: Evidence from NHANES 2003/06,” PLoS ONE, January 2010. Using data from the National Health and Nutrition Examination Survey (NHANES)…
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Food Health Claims in Canada Topic of Upcoming Webcast
The Canadian government has announced a January 20, 1010, webcast titled “Health Claims in Canada: An Update on Function Claims and Probiotic Claims for Food.” Presented by Agriculture and Agri-Food Canada, Health Canada and the Canadian Food Inspection Agency (CFIA), the Webcast will (i) “provide an update on the development of a modernized framework for…
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Shook Attorney Co-Authors ABA Article on ANSI Draft National Standard for Sustainable Agriculture
Shook, Hardy & Bacon Of Counsel Jim Andreasen has co-authored an article providing an update on the American National Standards Institute’s (ANSI’s) draft national standard for sustainable agriculture. The article appears in the January 2010 issue of the American Bar Association’s (ABA’s) Agricultural Management Committee Newsletter. This committee is part of the ABA’s Section of…
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California Court Declares Prop. 65 Warnings for Meat Products Preempted
A California court of appeal recently determined that the Federal Meat Inspection Act (FMIA) preempts point-of-sale or other warning labels on meat products under Proposition 65 (Prop. 65). Am. Meat Inst. v. Leeman, No. D053325 (Cal. Ct. App., decided December 22, 2009). In 2004, Whitney Leeman notified a number of meat processors and retailers in California…
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Chicken Producer to Settle Claims over “Raised Without Antibiotics” Ad Campaign
Multidistrict litigation (MDL) plaintiffs who challenged claims that Tyson products were made from “chickens raised without antibiotics” have sought approval of a settlement reached with the company. In re: Tyson Foods Inc., Chicken Raised Without Antibiotics Consumer Litigation, MDL No. 1982 (D. Md., motion filed January 12, 2010). Under the terms of the settlement, Tyson will…
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Federal Court Certifies Class Action Against Yogurt Maker
A federal court has certified class claims against General Mills alleging that the company’s advertising for its premium-priced Yo-Plus® yogurt violates the Florida Deceptive and Unfair Trade Practices Act because the product does not provide any digestive health benefits that cannot be obtained from eating normal yogurt. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla.,…