Category: Issue 356
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Court Asks FDA to Decide Whether HFCS Is “Natural”
A federal court in New Jersey has reportedly stayed for six months consumer fraud litigation against the company that makes Arizona Iced Tea® beverages and has asked the Food and Drug Administration (FDA) to determine whether high-fructose corn syrup (HFCS) qualifies as a “natural” ingredient. Coyle v. Hornell Brewing Co., No. 08-2797 (D.N.J., stay order…
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Elana Schor, “Hydrocarbons in Cereal Stoke New Debate Over Food Safety,” The New York Times, July 13, 2010
This article examines the fallout from Kellogg Co.’s recall of 28 million cereal boxes that, according to a public statement, contained “elevated levels of hydrocarbons, including methyl naphthalene, normally found in the paraffin wax and film in the liners.” The company voluntarily pulled the products after receiving complaints about an “off-flavor and smell,” which caused…
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Food Blogger Claims Agribusiness Takes Page from Tobacco Playbook
La Vida Locavore blogger Jill Richardson claims in a July 6 AlterNet article that a recent webinar touting a “perspective on pesticide residues” was benignly marketed to federal and state health officials by a “self-described non-profit organization,” the Alliance for Food and Farming. While the Alliance’s website does not identify its supporters, Richardson asserts that…
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Louisiana Rice Farmer Awarded $.5 Million Against GM Rice Maker
According to news sources, a St. Louis jury has awarded more than $500,000 to a Louisiana farmer who alleged that when the U.S. rice supply was contaminated in 2006 with a genetically modified (GM) crop that was somehow released from testing facilities, he lost $1.5 million due to lost sales abroad. In re: Genetically Modified Rice…
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NRDC Continues Challenge to BPA in Contact/Packaging Materials
As part of its ongoing campaign to persuade government authorities to prohibit the use of bisphenol A (BPA), the Natural Resources Defense Council (NRDC) recently filed a lawsuit in the D.C. Circuit Court of Appeals seeking to force the Food and Drug Administration (FDA) to take action on a petition the organization filed in October 2008…
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Third Crunch Berries® Class Action Dismissed
A federal court in California has dismissed a putative class action alleging that consumers were misled into believing that Cap’n Crunch’s Crunch Berries® cereal contained real berries or fruit. Werberl v. PepsiCo, Inc., No. 09-04456 (N.D. Cal., decided July 1, 2010). Noting that one law firm had filed unsuccessful suits in two other California federal…
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Expert Testimony Excluded as Unreliable; Consumer’s Popcorn Lung Claims Dismissed
A federal court in Washington has dismissed the lawsuit filed by a man who alleged that inhaling the diacetyl in fumes from four to six bags of microwave popcorn daily caused his lung disease. Newkirk v. ConAgra Foods, Inc., No. 08-273 (E.D. Wash., decided July 2, 2010). Additional information about this litigation appears in issue…
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Ninth Circuit Disciplines Lawyers Who Tried to Enforce Nicaraguan Pesticide Exposure Judgment in U.S. Courts
The Ninth Circuit Court of Appeals has imposed a suspension, a formal reprimand and fines on several attorneys who attempted to enforce in U.S. courts a $489 million default judgment entered by a Nicaraguan court against a business entity that did not exist for allegedly exposing hundreds of banana plantation workers to pesticides. In re:…