NEWS ARCHIVE - CONTROVERSIES

Federal Judge Rules General Mills Is Allowed to Mislead Consumers about “Fruit” Products that Contain No Fruit

Saturday, May 19, 2012
Federal Judge Rules General Mills Is Allowed to Mislead Consumers about “Fruit” Products that Contain No Fruit
Fruit Roll-Ups and other manufactured fruit snacks by General Mills do not contain real fruit, but that’s okay, said a federal judge ruling in a lawsuit seeking an end to the misleading advertising.
 
Bay Area mother Annie Lam filed a class action case last fall against General Mills, arguing that the company was deceiving consumers by claiming its fruity snacks included actual fruit ingredients.
 
U.S. District Judge Samuel Conti seemed to agree with the plaintiffs when he made his ruling last week. Conti wrote “a reasonable consumer might be surprised to learn that a substantial portion of each serving of the Fruit Snacks consists of partially hydrogenated oil and sugars.”
 
Conti also said General Mills had used deceptive language in claiming its products were “made with real fruit.”
 
But, he added, the company did not violate the law because the Nutrition Labeling and Education Act allows companies to say something contains specific fruit flavoring when in fact it does not contain fruit. “A product may be labeled as ‘fruit flavored’ or ‘naturally flavored,’ even if it does not contain fruit or natural ingredients. So long as that product ‘contains natural flavor’ which is ‘derived from’ the ‘characterizing food ingredient,’ it will not run afoul of the regulation,” Conti said in the decision. 
 
“While the regulation’s logic is troubling, the court is bound to apply it,” Conti wrote.
-Noel Brinkerhoff
 
To Learn More:
Fruit Roll-Ups Labels Misleading, Judge Says (by Maria Dinzeo, Courthouse News Service)
Annie Lam v. General Mills (U.S. District Court, Northern California) (pdf)

FDA Says Cheerios Health Claims Unsubstantiated (by Noel Brinkerhoff, AllGov) 

 
Small Business Administration Intervenes on Behalf of Formaldehyde Makers
Thursday, May 17, 2012
Small Business Administration Intervenes on Behalf of Formaldehyde Makers
The Small Business Administration (SBA), which has nothing to do with regulating harmful chemicals, has sided with large manufacturers opposing the government’s listing of formaldehyde as a carcinogen.
 
Within the SBA is the Office of Advocacy, which recently told the federal National Toxicology Program (NTP) that it should not include formaldehyde on the list of known cancer-causing agents.
 
It is unclear why the SBA stuck its nose into the debate over the chemical. But its reasoning for opposing the listing of formaldehyde mirrors that of corporations like DuPont, which is hardly a small business, that have fought the carcinogen label on grounds that it might weaken the chemical’s demand.
 
Health concerns over formaldehyde, which is used in products ranging from mascara to toothpaste to flooring, are nothing new. Laboratory tests in the 1970s revealed the agent caused cancer in rats.
 
In fighting the NTP over formaldehyde, the SBA reportedly “questioned the quality of the scientific analysis” regarding the chemical and noted that labeling it a carcinogen might adversely impact “small businesses’ workers’ compensation costs,” reported OMB Watch, a non-governmental watchdog organization.
-Noel Brinkerhoff
 
To Learn More:

Formaldehyde Added to List of Cancer-Causing Chemicals (by Noel Brinkerhoff and David Wallechinsky, AllGov) 

 
More and More Americans Finding Health Care Unaffordable
Friday, May 11, 2012
More and More Americans Finding Health Care Unaffordable
Americans with and without health insurance are increasingly finding health care too expensive to see a doctor in a timely manner, according to a new study.
 
In 2000, one out of eight adults said they had “unmet medical” needs due to cost issues. As of 2010, the ratio had increased to one in five Americans.
 
Among the 41 million uninsured, about one third of them delayed getting care due to costs in 2010, compared to 25% in 2000.
 
The study, published in Health Affairs, also reported people were having a harder time accessing dental care.
 
The federal health care reform law, which faces a legal challenge before the U.S. Supreme Court next month, “won’t necessarily solve all those access problems,” wrote Kaiser Health News. This is due to the fact that the law “may not alter the trend toward private insurance policies with larger deductibles and higher co-payments or address some of the barriers within public coverage.”
-Noel Brinkerhoff
 
To Learn More:
Virtually Every State Experienced Deteriorating Access to Care for Adults  over the Past Decade (by Genevieve M. Kenney, Stephen Zuckerman, Dana Goin and Stacey McMorrow, Urban Institute)
Health Insurance Costs Rising Much Faster than Wages (by Noel Brinkerhoff and David Wallechinsky, AllGov)
 
 
 
After 50 and 70 Years of Voting, Two 93-Year-Olds Sue to Keep Right to Vote without Photo ID
Friday, May 11, 2012
After 50 and 70 Years of Voting, Two 93-Year-Olds Sue to Keep Right to Vote without Photo ID
Viviette Applewhite, 93, of Philadelphia has become the face of a civil liberties lawsuit against the state of Pennsylvania for requiring voters to show identification before voting. The new requirement was signed into law by Republican Governor Tom Corbett on March 14.
 
The wheelchair-bound Applewhite says she has voted since 1960, but won’t be able to do so this November because of the new legal requirement. She doesn’t possess a driver’s license and is unable to obtain a birth certificate from the state, she says, making it impossible for her to show the requisite ID at the polls.
 
Another 93-year-old plaintiff, Bea Bookler, first voted for Franklin Delano Roosevelt in 1940.  She has the documents needed to obtain a valid photo ID, but state law requires that she present them in person and she is too frail to do so.
 
Representing Applewhite, Bookler and eight other plaintiffs are the American Civil Liberties Union and the National Association for the Advancement of Color People. They contend the law will disenfranchise tens of thousands of eligible Pennsylvanians who lack ID.
 
A 2006 survey by the Brennan Center for Justice concluded that about 13 million adult American citizens lack the kind of proof needed to comply with voter ID laws.
-Noel Brinkerhoff, David Wallechinsky
 
To Learn More:
City Woman Is Lead Plaintiff Against Pa. Voter ID (by Amy Worden and Jan Hefler, Philadelphia Inquirer)

New State Laws Could Reduce Voter Lists by 5 Million (by David Wallechinsky, AllGov) 

 
Air Force Drones Allowed to Record U.S. Citizens in U.S.
Thursday, May 10, 2012
Air Force Drones Allowed to Record U.S. Citizens in U.S.
Like the rest of the U.S. military, the Air Force isn’t supposed to spy on Americans. But the secretary of the Air Force, Michael Donley,  has decided the service’s drones can conduct “nonconsensual surveillance” of people in the U.S. for a limited time.
 
An April 23 document uncovered by Secrecy News revealed the Air Force’s top official authorized unmanned aircraft to collect imagery of Americans on the ground. The service can also store this data for 90 days. Although the directive was written to limit surveillance of innocent Americans, it contains a loophole that does the opposite.
 
“In other words, if an Air Force drone accidentally spies on an American citizen, the Air Force will have three months to figure out if it was legally allowed to put that person under surveillance in the first place,” wrote Spencer Ackerman at Wired.
-Noel Brinkerhoff
 
To Learn More:

Air Force Instruction 14-104 (Secretary of the Air Force) (pdf) 

 
ALEC Singled Out for Exemption from Lobbying Law in South Carolina
Wednesday, May 09, 2012
ALEC Singled Out for Exemption from Lobbying Law in South Carolina
The American Legislative Exchange Council (ALEC), composed of conservative politicians and corporations that promote pro-business legislative agendas, has been allowed to lobby in South Carolina and other states without being required to register like other lobbying organizations.
 
The revelation was discovered by Democratic state Representative Boyd Brown, a critic of ALEC, who found that South Carolina lawmakers adopted legislation in 2003 that specifically exempted the conservative group—and no one else—from registering or disclosing its lobbying expenditures.
 
“I can’t get in a car with a lobbyist and drive up the street,” Brown told iWatch News. “But ALEC can give me a scholarship to fly across the country.”
 
Brown has introduced a bill that would remove ALEC’s exemption from lobbying laws.
 
ALEC also enjoys exempt status when it comes to lobbying regulations in Indiana and Colorado.
 
Common Cause last month filed a complaint with the Internal Revenue Service asking it to review ALEC’s status, saying it is “a corporate lobbying group masquerading as a charity” that promises its donors a tax deduction.
 
ALEC has been responsible for creating templates for more than 1,000 state bills, at least 200 of which have become law, including the controversial “Stand Your Ground” laws.
 
In the wake of recent controversies, some corporate members of ALEC, including Coca-Cola, Pepsi, McDonald's, Kraft, Mars, Wendy’s and Procter & Gamble, have reportedly dropped out of the organization. So too have 34 lawmakers.
-Noel Brinkerhoff
 
To Learn More:

ALEC Exposed (Center for Media and Democracy) 

 
Shell Shock, a.k.a. PTSD, May Get Yet Another New Name
Wednesday, May 09, 2012
Shell Shock, a.k.a. PTSD, May Get Yet Another New Name
Severe trauma, the kind most commonly but not exclusively linked to combat, may get a new name if the military has its way.
 
Post-traumatic stress disorder (PTSD) could soon morph into PTSI—for post-traumatic stress injury.
 
Former General Peter Chiarelli, who recently was in charge of the U.S. Army’s program for dealing with PTSD, called for changing the term in order to help de-stigmatize it. “No 19-year-old kid wants to be told he’s got a disorder,” Chiarelli told The Washington Post.
 
Before he retired, Chiarelli began by naming the condition post-traumatic stress. Defense Secretary Leon Panetta went along with the change. Others, including doctors, didn’t like PTS. Some psychiatrists then recommended adding “injury,” and PTSI now is gaining momentum among public and private health professionals.
 
Although the proposed name change is being pushed as a psychological aid for veterans, there are also legal and financial elements to the subject. The word “injury” implies that the problem resulted from outside, traumatic forces, which would make it easier for veterans claiming post-traumatic stress to obtain benefits.
 
Before PTSD became the common expression, militaries called the trauma shell shock, battle fatigue and soldier’s heart. It has since also been associated with civilian experiences, including rape.
-Noel Brinkerhoff
 
To Learn More:
New Name for PTSD Could Mean Less Stigma (by Greg Jaffe, Washington Post)

Veterans Groups Clash with VA over PTSD Diagnosis (by Noel Brinkerhoff, AllGov) 

 
License Plate Tracking Spreads beyond Criminal Suspects
Tuesday, May 08, 2012
License Plate Tracking Spreads beyond Criminal Suspects
From Tennessee to the District of Columbia, police are using mobile and stationary surveillance cameras to collect and store license plates of residents who have committed no crime—so that they can be found if they ever do.
 
In Tennessee, police utilize cameras mounted atop patrol cars that can capture thousands of license numbers each day. The information is then loaded into an ever-expanding database, which can help officers locate a vehicle in the event its owner is suspected of criminal behavior. The program is now expanding to include stationary cameras mounted next to busy roads.
 
“I’m sure that there’s going to be people out there that say this is an invasion of privacy,” Detective James Kemp of Gallatin County told The Tennessean. But “the possibilities are endless there for solving crimes. It’s just a multitude of information out there—to not tap into it to better protect your citizens, that’s ludicrous.”
 
In Washington D.C., local police make use of 250 cameras set up around the city that can capture license plates. Last year they claimed that the cameras led to an average of one arrest a day. DC reportedly has the highest concentration of cameras per square mile in the United States for spotting criminals on the move or just ordinary citizens going about their lives.
 
Jay Stanley, senior policy analyst for the American Civil Liberties Union’s technology and liberty program, expressed concern over D.C.’s “large database of innocent people’s comings and goings.” He told The Washington Post: “The government has no business collecting that kind of information on people without a warrant.”
 
Others predict that the technology will be declared constitutional because license plates are displayed in public, so there is no invasion of privacy.
-Noel Brinkerhoff
 
To Learn More:

License Plate Readers: A Useful Tool for Police Comes with Privacy Concerns (by Allison Klein and Josh White, Washington Post) 

 
Georgia Sheriffs, Fearing Occupy Movement, Evict Family at Gunpoint
Tuesday, May 08, 2012
Georgia Sheriffs, Fearing Occupy Movement, Evict Family at Gunpoint
DeKalb County’s sheriff’s department recently treated the eviction of a four-generation family like a violent drug bust, all because the local Occupy Movement was helping her avoid losing the current homeowner home.
 
In the middle of the night, sheriff’s deputies stormed the home of Christine Frazer, who lived in the house with her mother, her daughter and her grandson—a family ranging in age from 85 to 3. Frazer’s husband, Leroy, died less than a year after the couple secured a loan with First Franklin Financial Corporation in 2002. Frazer subsequently lost her job and fell behind on her mortgage. She was in the process of trying to restructure her loan through the courts when a dozen police cars showed up at 3 am, with officers prepared for a battle.
 
Sheriff Thomas Brown said the show of force was necessary due to the presence of Occupy Atlanta on Frazier’s property. It was Brown’s belief the protesters—only one of whom was present the night of the eviction—might be armed, based on what he saw take place in Oakland, Washington D.C., and other cities last year.
 
Frazer’s loan was bought and sold several times. She was negotiating with the latest mortgage holder, foreclosure specialist Investors One Corporation, when the sheriff was given the okay to remove her from the house she had lived in for 18 years. Investors One is registered in White Plains, New York, but information about its owners is difficult to ascertain.
-Noel Brinkerhoff, David Wallechinsky
 
To Learn More:
Occupy Our Homes: Christine Frazer's Story (occupyatlanta.org) (video)
Christine Carter-Frazer v. Investors One Corp. et al (Superior Court of DeKalb County) (pdf)

Occupy Atlanta Activist Arrested in South DeKalb (by Andrew Cauthen, Champion Newspaper) 

 
Obama Says Frackers Must Reveal Chemicals Used on Public Lands…but only after Drilling is Finished
Monday, May 07, 2012
Obama Says Frackers Must Reveal Chemicals Used on Public Lands…but only after Drilling is Finished
In what critics are calling a classic case of shutting the barn door after the horse has bolted, the Obama administration has issued a proposed new rule requiring energy companies that engage in hydraulic fracturing (“fracking”) on public land to reveal the toxic chemicals they inject into the ground…but only after drilling is completed, when the information has lost much of its value to the public. 
 
In fracking, energy companies use powerful pumps to force a pressurized mix of water and chemicals into deep layers of rock like shale, causing fractures there, which allow the extraction of otherwise unavailable natural gas or oil. The good news is that the mix is about 99% water; the bad news is that the remaining 1% includes highly toxic chemicals harmful even in tiny amounts, including methanol, hydrofluoric acid, sulfuric acid and formaldehyde.
 
Originally, the Bureau of Land Management (BLM), which manages public land, proposed that frackers be required to disclose the chemicals 30 days before a well could be started, an idea that proved popular with landowners and communities concerned about pollution of groundwater.
 
The administration’s retreat followed a series of closed-door meetings at the White House in which oil and gas industry trade association lobbyists, as well as individual corporations like ExxonMobil, XTO Energy, Apache, Samson Resources and Anadarko Petroleum, complained to the Office of Management and Budget, which reworked the rule to address industry concerns. The industry feared the additional paperwork and potential loss of trade secrets, although it is unclear how merely delaying the release of the list of chemicals protects any secrets. Interior
 
Department officials claim that having a record of the injected chemicals at all would be an improvement, but a spokesperson for the environmental group Earthjustice called the rule “a free pass to the oil and gas industry at the expense of public health.”
 
The draft rule affects drilling operations on the 756 million acres of federal and Indian land administered by the BLM, where about 3,000 wells are drilled each year using fracking. The rule will not affect most fracking operations, which are conducted on private land and thus fall mainly under state regulation.
- Matt Bewig
 
To Learn More:
New Proposal on Fracking Gives Ground to Industry (by John M. Broder, New York Times)
Frack First, Disclose Chemicals Later Under U.S. Rule (by Katarzyna Klimasinska, Bloomberg)

What Chemicals are Used in Fracking? (by David Wallechinsky, AllGov) 

 
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