Category: Issue 397
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Judge Allows “All Natural” Ice Cream Actions to Continue
A federal judge in California has refused to dismiss proposed class actions alleging that Ben & Jerry’s and Breyers ice cream products were falsely advertised as all natural. Astiana v. Ben & Jerry’s Homemade, Inc., No. 10-4387 (N.D. Cal., decided May 26, 2011); Thurston v. Conopco, Inc., No. 10-4937 (N.D. Cal., decided May 26, 2011). Filed…
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Minnesota Governor Vetoes “Cheeseburger Bill”
Minnesota Governor Mark Dayton (D) has vetoed legislation (House File 264/ Senate File 160) aimed at giving fast-food chains civil immunity if consumers gain weight after consuming their products. “Unfortunately, this bill provides to companies that manufacture, distribute, or sell food and nonalcoholic beverages civil immunity, except for: ‘any other material violation of federal or…
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Animal Study Mimics Dietary BPA Exposure in Humans
University of Missouri scientists have reportedly published the first study to examine “serum BPA [bisphenol A] concentrations in an animal model exposed to this chemical via the diet,” as opposed to oral bolus exposure. Paizlee Sieli, et al., “Comparison of Serum Bisphenol A Concentrations in Mice Exposed to Bisphenol A through the Diet Versus Oral…
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Advocacy Group Urges Government Action on Food Exports from China
Food & Water Watch has issued a report cautioning that potentially unsafe food from China may likely provide the next food safety scare in the United States. Titled “A Decade of Dangerous Food Imports from China,” the report describes “where [Chinese] food manufacturers are legendary for cutting corners, substituting dangerous ingredients, and compromising safety in…
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Pediatricians Take Stand Against Energy Drinks
The American Academy of Pediatrics (AAP) has issued a report warning that children and adolescents should not consume energy drinks because the beverages “pose potential health risks.” Titled “Sports Drinks and Energy Drinks for Children and Adolescents: Are They Appropriate?”, the report appears in the June 2011 issue of Pediatrics. Sports drinks and energy drinks…
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Olive Garden Settles “Never-Ending” Trademark Dispute
A federal judge in Florida has reportedly granted a motion for permanent injunction in a trademark infringement case involving two “never-ending” restaurant promotions. According to media sources, Darden Concepts Inc., which owns Olive Garden and Red Lobster, filed an October 2010 complaint alleging that a TGI Friday Inc. franchisee with outlets in seven states had…
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Banana Workers Sue over Pesticide Exposure
More than 200 farm workers from Ecuador, Panama and Costa Rica have reportedly filed seven lawsuits against commercial banana growers and pesticide manufacturers, seeking to recover damages and medical monitoring costs for health conditions allegedly related to dibromochloropropane (DBCP) exposure. Aguilar v. Dole Food Co., Inc., No. __ (E.D. La., filed June 1, 2011). The…
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Class Certification Granted in Walnut Health Claims Case
A federal judge in California has granted class certification in a suit alleging that Diamond Foods, Inc. misbranded its shelled walnut products and misled consumers by using “express and implied statements about the positive effects of omega-3 fatty acid consumption on health.” Zeisel v. Diamond Foods, Inc., N0. 10-01192 (N.D. Cal., decided June 7, 2011). The…