Food Law Prof Blog

Article: Litigating the Economic Effects of Biotech Crops

Thomas P. Redick (Global Environmental Ethics Counsel) and A. Bryan Endres (U. Illinois -- Agriculture) have published Litigating the Economic Effects of Biotech Crops, 22 SPG-Nat. Res. & Env't 24 (2008).  The article begins:

The past year has seen groundbreaking litigation in agricultural biotechnology that could make future U.S. federal regulatory approval for biotech crops more difficult to secure and leave clouds of potential liability for those crops that pass the federal approval hurdle. The hottest news in biotech crop regulation and liability is the pending litigation regarding the economic impacts of novel crop varieties approved for use in the United States. This looming threat of economic impact liability raises potential regulatory and commercial barriers to entry. If the final resolution of these cases requires consideration of potential economic impacts in addition to the existing health and environmental reviews conducted prior to regulatory approval, the bar will be raised not just for commercial marketing of biotech crops, but possibly for similar technologies (e.g., nanotechnology and chemicals) that enter the global marketplace and can cause analogous impacts (e.g., food recalls or environmental remediation).

This is primarily a tale of two pending cases--one federal case on appeal in California and another just getting started in St. Louis, Missouri--and the implications of this litigation. Biotech crop litigation also demonstrates how traditional common law tort theories of liability can be commingled with claims based on environmental law and regulation.

"Cool Foods" Campaign: Consumer Initiative to Address Climate Change Crisis through Food Choices

From a Center for Food Safety news release:

New York, NY, April 16th, 2008 – This afternoon the Center for Food Safety and the CornerStone Campaign announced the launch of the “Cool Foods Campaign.”  This national initiative is designed to empower people and businesses to take a bite out of global warming by encouraging them to make more sustainable food choices. Principal speakers included Campaign co-founders Mary Morgan and Andrew Kimbrell, as well as Chefs Dan Barber and Peter Hoffman, and food advocate and writer Anna Lappé.  The launch took place this afternoon at New York City’s Blue Hill.

At the event, Lappé also announced the launch of her Take a Bite Blog www.takeabite.cc, a complimentary cool food chronicle, which details her journey to explore how food, farming, and your fork can help solve the climate crisis.

Read the rest of the news release on the Center for Food Safety website.

Six Flags Great Escape Lodge Can't Escape Norovirus

Found on efoodalert.com :

According to a recent announcement by the New York State Health Department, the state is investigating over 200 cases of gastrointestinal illness caused by the Norovirus among people who stayed at the Six Flags Great Escape Lodge and Indoor Waterpark in Queensbury during March 7 – 19th, 2008. That number has grown to over 400 cases as of March 26th, 2008. From the efoodalert article:

The outbreak, which is now confirmed to have been caused by Norovirus, began earlier this month, and peaked on the weekend of March 15th. The state is maintaining a full time presence at the facility to ensure that all cleaning and disinfection measures are being carried out properly and that the resort is in full compliance with state health regulations.

Thank you to William Mitchell College of Law student Paul Judd for preparing this post.

"Dieting for Dollars?"

In a recent Newsweek article, author Jennifer Barrett discussed a new trend among employers--tying financial incentives to staying at a healthy weight.

Barrett discusses several legal issues that can arise with such requirements as well as whether or not those requirements are saving costs. She also cites a study by the Journal of Occupational and Environmental Medicine which found that companies lost billions due to the poor health of their employees.

William Mitchell College of Law student Jenna Powers asks, "Do you think it's a good idea for companies to tie these types of incentives to health? Or are employers overstepping their authority? "

Thank you to Jenna Powers for preparing this post.

America’s diet -- need for Processed Food Reformulation?

According to a USDA study titled, “Dietary Assessment of Major Trends in the US Food Consumption; 1970-2005”, America’s fat consumption is up and Americans are failing to meet the Federal Dietary Guidelines. This study, coupled with a study conducted by the National Center for Health Statistics that shows the rise in obesity over the last 30 years, suggests that further reformulation of processed foods may be needed.

From an article in Food Navigator USA.com:

The USDA’s report reveals a swell in added fats consumption of 63 percent and a 19 percent increase in added sugar and sweeteners between 1970 and 2005.  This study correlates to the findings by the National Center for Health Statistics that “two-thirds of US adults were either overweight or obese between 2003-2004, compared with 47 percent between 1976 and 1980.”

The USDA report also “shows the average intake of added sugars and sweeteners is over the recommended levels, and consumption of refined grains is too high while Americans fall short on whole grains.”

These findings demonstrate areas where food manufacturers should be looking to improve their products. 

Thank you to William Mitchell College of Law student Heather McDougall for preparing this post.

How does being overweight impact children’s teeth?

The answer may surprise you.  While being overweight or obese increases the risk for many diseases such as high blood pressure, stroke, diabetes and heart disease, the impact on teeth seems to be different.  A recent NY Times article reports that overweight children have healthier teeth than normal weight children do.  The report is based on research conducted by the Eastman Dental Center at the University of Rochester Medical Center.   However, do not run out and by candy bars and Cokes for dinner quite yet:

“The findings don’t mean being overweight protects teeth, but they do raise questions about the differences in foods eaten by overweight children compared to their normal weight peers. It also debunks the stereotype of the overweight child who binges on cavity-causing candy and sugary foods. One theory is that overweight children may actually be eating fewer cavity-causing sweets than normal weight kids and instead overeating fatty foods.”

Nevertheless, the results surprised the researchers who also acknowledge that more search needs to be done:

“We expected to find more oral disease in overweight children of all ages, given the similar causal factors that are generally associated with obesity and caries,” said Eastman Dental Center’s Dr. Dorota Kopycka-Kedzierawski, the lead author. “Our findings raise more questions than answers. Research to analyze both diet and lifestyle is needed to better understand the results.”

Thank you to William Mitchell College of Law student Chris Hartnett for preparing this post.

Got Food Poisoning? Try Raw Milk….Feta Cheese

On April 3, 2008 researchers at the Society for General Microbiology’s 162nd meeting in Edinburgh Scotland announced that eating Feta cheese made from raw milk combats food poisoning.  Panagiotis Chanos, a researcher from the University of Lincoln, isolated and identified friendly bacteria called enterococci in raw sheep milk from small farms in northern Greece.  These friendly bacteria naturally produce antibiotics that kill off dangerous food-poisoning bacteria like Listeria. Listeria is one of the most dangerous food poisoning bacteria because it can survive where other bacteria perish.  Listeria is commonly found in post-product contamination of food animal products.   

Mr. Chanos hopes that his work will lead to finding new ways of fighting foodborne pathogens instead of putting additives and synthetic preservatives in foods.  Minimizing the use of “not-so-friendly” synthetic preservatives in foods by replacing them with naturally produced bacteria may open up new avenues for organic food production.

Thank you to William Mitchell College of Law student Wendy O. Sanchez for preparing this post.

Water and Health: Too Much or Not Enough?

According to a new scientific review published by the Journal of the American Society of Nephrology, scientists at the University of Pennsylvania have determined that there is no evidence that drinking a lot of water has any beneficial affect to the human body, and in fact may be more harmful than beneficial. From a Yahoo News article:

Drinking a lot of water is claimed to be helpful for everything from clearing toxins and keeping organs in tip-top shape to keeping weight off and improving skin tone.  At best, however, the evidence to back up these claims is weak, according to a new scientific review published in the Journal of the American Society of Nephrology.

According to Dr. Stanley Goldfarb, “There is what I call an urban myth that drinking a lot of water is a healthy thing to do and it leads to people toting around plastic water bottles all day drinking water.”

Furthermore, there are a couple of circumstances where drinking a lot of water may be actually unhealthy.

Link to Abstract of the article, entitled “Just Add Water” by Dan Negoiano and Stanley Goldfarb.

Thank you to William Mitchell College of Law student Matt Dudas for preparing this post.

Study of Popular New Cholesterol Drug Shows its Effects are Limited

The Schering-Plough developed drug, Vytorin, is marketed in America to not only lower LDL cholesterol levels, but also to limit plaque buildup in arteries.  A recent study has shown, however, that Vytorin may not be any more effective in controlling cholesterol than more established, cheaper generically branded drugs. From the Associated Press:

. . . Leading doctors urged a return to older, tried-and-true treatments for high cholesterol after hearing full results Sunday of a failed trial of Vytorin.

Millions of Americans already take the drug or one of its components, Zetia. But doctors were stunned to learn that Vytorin failed to improve heart disease even though it worked as intended to reduce three key risk factors.

"People need to turn back to statins," said Yale University cardiologist Dr. Harlan Krumholz, referring to Lipitor, Crestor and other widely used brands. "We know that statins are good drugs. We know that they reduce risks."

Doctors have long focused on lowering LDL or bad cholesterol as a way to prevent heart disease. Statins like Merck & Co.'s Zocor, which recently came out in generic form, do this, as do niacin, fibrates and other medicine.

Vytorin, which came out in 2004, combines Zocor with Schering-Plough Corp.'s Zetia, which went on sale in 2002 . . .

The results show the drug had "no result — zilch. In no subgroup, in no segment, was there any added benefit" for reducing plaque, said Dr. John Kastelein, the Dutch scientist who led the study.

That happened even though Vytorin dramatically lowered LDL, fats in the blood called triglycerides and a measure of artery inflammation — CRP.

Link to the abstract of the study on the New England Journal of Medicine website.

Link to more information on Dr. John Kastelein.

Thank you to William Mitchell College of Law student Anne Rucker for preparing this post.