Category: Issue 532
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NEJM Article Questions Usefulness of Nutrient-Content Claims
A recent perspective article in the New England Journal of Medicine (NEJM) has questioned whether nutrient-content claims—such as “sugar-free,” “high in oat bran,” or “contains 100 calories”—are confusing to consumers. Authored by Allison Sylvetsky and William Dietz, the article claims that sugar- and calorie-related claims “may lead parents to underestimate the products’ energy content and…
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NRC Report Classifies Styrene as “Reasonably Anticipated Human Carcinogen”
Directed by Congress to conduct an independent review of the styrene assessment in the National Toxicology Program’s (NTP’s) 12th Report on Carcinogens (12th RoC), the National Academies National Research Council (NRC) recently issued a report concurring that there is “compelling evidence… to support a listing of styrene as, at a minimum, reasonably anticipated to be…
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GM Salmon Debacle “A Taste of Worse to Come”?
A recent Nature editorial warns that the U.S. Food and Drug Administration’s (FDA’s) reluctance to approve genetically-modified (GM) salmon for market could hinder future research into new gene-editing techniques. Titled “Fishy Business,” the article claims that even though a draft assessment found AquaBounty Technologies’ GM salmon “environmentally benign,” FDA conducted many of its deliberations “behind…
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Chobani Loses Final UK Appeal in “Greek” Yogurt Dispute
The U.K. Supreme Court has reportedly refused to consider the appeal filed by Chobani Inc. from an appeals court order dismissing its appeal of a permanent injunction prohibiting the company from designating its U.S.-made yogurt as “Greek” yogurt. Additional details about the January 2014 appeals court ruling appear in Issue 511 of this Update. According…
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Jurors Seated, Tainted Peanut Outbreak Trial Begins
While a number of jurors were dismissed because a two-month trial would create hardships for them, a 12-member jury and six alternates were selected on July 31, 2014, and opening statements began the next day in the criminal prosecution of former Peanut Corp. of America (PCA) owner Stewart Parnell, his brother Michael Parnell and the…
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Plaintiffs Seek U.S. Supreme Court Review of Diacetyl Ruling
In a petition for a writ of certiorari, plaintiffs alleging harm by exposure to the flavoring agent diacetyl have argued that the Third Circuit erred in ruling that Aaroma Holdings cannot be held liable for the actions of diacetyl producer Emoral Inc., which Aaroma purchased following the alleged exposures. Diacetyl Plaintiffs v. Aaroma Holdings, No. 14-71…
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Plaintiffs Dismiss Lawsuit Against Gruma for Alleged “All Natural” Chips Mislabeling
A California federal court has granted the plaintiffs’ request to dismiss their entire action with prejudice in a case accusing Gruma Corp. of labeling its Mission Restaurant Style tortilla chips as “all natural” despite containing genetically modified corn. Cox v. Gruma Corp., No. 12-6502 (N.D. Cal., order entered July 25, 2014). The plaintiffs’ stipulation to dismiss…
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ECJ Misrepresentation Claims Dismissed Without Prejudice
A federal court in California has dismissed for lack of standing a putative class action alleging that Pacific Foods of Oregon, Inc. misleads consumers by using the term “evaporated cane juice” (ECJ) on its food labels instead of sugar. Swearingen v. Pac. Foods of Ore., Inc., No. 13-4157 (N.D. Cal., order entered July 30, 2014). Plaintiffs…