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Archive for Food and Drug Blog

How Does the Burger Taste?

Wednesday, January 16th, 2013

Here’s a story from the BBC News in Europe, that may change plans for lunch today.  Horse DNA has been found in hamburgers that are being sold in the UK and Ireland’s supermarkets.  That’s a nice way of saying that the hamburger that some people are buying, has horse meat in it.

Yes, I almost did not blog on this! My bigger point will be after the details.

Meat from two processing plants that was for sale in grocery stores was analyzed to show the following results: A total of 27 burger products were analyzed. 10 of the samples contained horse, and 23 of the “hamburger” samples contained pig.  Horse meat accounted for 29% of the meat content in the samples from one of the plants.

The government agency of Ireland that is in charge of food safety, quickly issued statements to say that the products were not unsafe. One of the processing plants that is producing the “hamburgers” also issued a statement that “The safety and quality of our food is of the highest importance (at Tesco); We will not tolerate any compromise in the quality of food that we sell. The presence of illegal meat in our products is extremely serious”. This safety director went on to say that they were working with officials from the UK and Ireland, to understand how this could happen and “to insure that it does not happen again”.

I know that I don’t have to really comment on the above story. If you made it this far, then you deserve a special blog reading award.

The only reason that I posted this story is because this sounds like the same corporate line that we have heard in the United States, after negligent conduct.  When it involves a serious oil leak, then everyone gets real serious. When it involves bad peanuts that cause a salmonella outbreak, “authorities” are working to solve while assuring everyone.    When it involves a bad braking system on a car or a bad drug that causes health harms, then everyone immediately says that they want to get to the bottom of it; but also assure everyone that it will not happen again.

Big Business needs regulation and accountability because greed still exists. Tort reform is ultimately funded by Big Business, because they don’t want to be held accountable. Instead, their public realations department would rather convince the public that everything is fine, and then sweep it under the rug. Instead, a jury should always be allowed to determine fault and harm. Enough of Tort reformers working hard to limit damages and limit access to the Court room.

It does make me thankful that we have a Food and Drug Administration that regulates food in the US.  Plus, I like a health department that enforces regulation. I just can’t imagine this happening in this country. Or, I won’t imagine!

For pic o’ day, I just couldn’t bring myself to post anything related to this story. So, I just went with the thought that this feels like the food industry over there is in chaos:

 

And that nothing seems to make sense about it, but it sure does make for conversation.

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7UP Gets Sued

Monday, November 12th, 2012

 

The soft drink that seems bubbly and friendly is facing a not-so-friendly lawsuit. The Center for Science in the Public Interest has issued a press release that it has filed suit against the maker of this soft drink, for misleading ads.

The soft drink was advertised to contain an antioxidant in its regular and diet Cherry sodas that gave the impression that the drink contained healthy fruits. The ads included pictures of cherries, blackberries, cranberries, raspberries and pomegranates, on its various labels. Instead, according to the lawsuit, the drinks really contains water, high-fructose corn syrup, citric acid, potassium benzoate and Red dye. The Mixed Berry drink also contains blue dye.

According to the lawsuit, the US Food and Drug Administration should step in where soft drinks are really worthless beverages. It is alleged that one 12-ounce serving of the drinks contain nine teaspoons of sugar and 140 calories. None of that suggests a healthy antioxidant concoction.

Kinda makes me want to run, not walk, from good old 7UP.  I guess that’s not even putting the “lime in the coconut” is it?

For pic o’ day, well, no caption really needed!!!

 

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Some Poison and Rice

Wednesday, September 19th, 2012

 

     A little known problem of significance is just now hitting the news. (Fox) In fact, it was on “The Today Show”, with Matt Lauer offering some hard questions.

     Consumer groups are now beginning to pressure the Food and Drug Administration to set federal guidance on rice. Arsenic is thought to be found in rice in dangerous levels; because it is naturally present in water, air and soil.

     For those who are against government regulation or involvement in our lives, this might be one time that they will want government to step in to our rice pudding!

     The Consumers Union reports studies that found 8.7 micrograms of arsenic, on average,  in 223 rice samples that were tested. Arsenic is known to cause lung, skin and bladder cancer. Based upon preliminary results, rice grown in Texas, Louisiana and Missouri could have the highest levels.

     Consumer Reports says that rice eaten once a day can drive up arsenic levels in the human body by 44 percent. There is even suggestion that this might be effecting the chicken industry.

     I am blogging on this just to make sure that you are aware. More is being reported. For now, the FDA does not regulate arsenic levels in rice and that is why consumer groups are asking the government to take action.

     For pic o’ day, I was looking for a rice picture and came across a medicine picture for pic o. Gotta stay away from the poisons!

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Here Comes Qnexa

Sunday, February 26th, 2012

     One of my favorite commercials from the Super Bowl was the car commercial… What, you don’t remember a car commercial? Well, I’ll bet you’ll remember it when I describe it.

     A fat dog keeps seeing a car drive by that he wants to run outside and chase. The first time he tries, he can’t get through the opening in the door. So, he sits and looks at himself in the mirror to figure out what to do. He is sad. The violin music is playing.

                                                                                                                                                                          

     Off of a sudden, the voice of James Brown kicks in with, “Get Up Offa That Thing”. Heavy dog decides to go on a massive workout program to lose weight. He throws his ball down the steps, so he has to chase it. He runs on the treadmill. He ignores the food being dropped on the floor: He even goes out to the pool to swim.

   In thirty seconds, you feel a part of the accomplishment. Yes, he is through the door doggy hole and out chasing the VW Beetle. All because he decided to exercise and do it. He takes no shortcuts to weight loss.

  The New York Times did a story on the making of the ad, because so many people picked it as their favorite Super Bowl ad. YouTube even has “The Making of:The Dog Strikes Back” commercial.

     They decided to create a metaphor of “letting ourselves go” by showing Fat Dog. Originally, the director of the commercial was looking for two dogs. But, they decided that “Bolt”; the dog in the commercial, was such a good actor that they would just use special effects to accomplish the weight loss.

     Bolt wore a “fat suit” built out of fake fur. As the reporter of the Times put it, “No animals were harmed in the making of this fat suit”.

     We all can feel a bit challenged by this ad because it ends in accomplishment. Unfortunately, drug companies know that people aren’t inclined to exercise and would rather just take a pill to lose weight. They have been focusing on finding “that pill” and getting it approved for marketing.

      It’s why the diet drug, fen-phen, was so widely prescribed. Then, when it was shown to cause pulmonary hypertension and heart valve problems, the drug was taken off the market; and it led to damage lawsuit payouts of about $13 Billion dollars.

     Other drugs have failed to get approval. Even Qnexa was rejected in 2010. But, maybe enough time has gone by where the effects and dangers of fen-phen are fading from our minds.       

     Last week’s big pharmaceutical news is the potential arrival of  Qnexa to market. Vivus is the Mountain-View based drug company to create it. When the FDA gave tentative approval last week by a 20-2 vote, Vivus stock (VVUS) jumped 98 percent on its first day of trading.  At close on Friday, it is now trading at $22.13 and moved to $22.45 in after hours trading.

     I will briefly describe ingredients and warnings. No need for exercise with what they are touting.   

     In terms of weight loss, Qnexa’s study participants loss an average of 10 percent of their body weight. One analyst predicts that such results will make this drug “the next Lipitor” with millions of prescriptions being written.

     If you analyze the drug, you’ll find that it’s really a cocktail creation. It’s a combination of two previously approved FDA drugs. The first is phentermine, which is really an appetite suppressant. It was the “phen” of fen-phen.     The second part of Qnexa is topiramate, which is an anti-convulsant.  

     Phentermine is already known to have two heart-related side effects: tachycardia, which is an increased heart rate, plus it has been shown to elevate of blood pressure. It has been around for over 40 years.

     Topiramate is the active ingredient in Topamax. It’s side effects include confusion, memory loss, concentration problems and “difficulty in finding the right words” in conversation.

     It appears that the FDA is going to allow this to go to market, because of the positive effect in the war on obesity. The FDA  probably will require additional studies for those that are already at risk from the above two ingredients.

      Warnings probably will include cardiovascular issues. Plus, Topiramate already carries the warnings of depression, mood problems, fatigue and sleeplessness. Plus, there’s that side effect termed as “suicidal ideation”.

     The FDA will make a final determination on approval and required warnings on April 17. Vivus is asking the FDA to allow it to begin a 4-year-trial on cardiac health AFTER the FDA approves it. People will be excited with the weight loss and push to be on the drug longer. Then, history tells us that the drug company will push for a stronger version, for those that really need to lose weight.

     I suspect that you will be seeing more blogs from me on this drug, if it is approved. It would not surprise me, if this law firm becomes very familiar with this drug and drug company.

     For pic o’ day, I thought I’d post something that I think, describes this blog.

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Some Things Not to Market

Sunday, December 4th, 2011

     Remember the children’s rhyme about “This little piggy went to market; this little piggy went home?” Yea, it’s still hard to understand why a rhyme that teaches children how to count their toes has something to do with a piggy eating roast beef. Somehow, that has survived since the 1700′s. The pigs turned out to be positive marketing for learning.

I’ve never really understood the idea of naming a McDonalds’ sandwich The McWrap. Go ahead, say that three times real fast. Maybe the name isn’t the best marketing but apparently their food and pricing is the reason they have turned a 9% profit for the past quarter.

     Cape Town, South Africa is known as one of the most beautiful tourist destinations; recognized as a World Heritage site for its cultural and natural heritage, having outstanding universal appeal. It has over 9000 different plant species and is marketed as a resort area with gorgeous beaches and sand.

     Travel and Leisure Magazine deemed it to have some of the strangest traffic laws. If you’re driving along  and see a man leading a flock of ostriches; don’t think that he’s being friendly when he begins to wave at you. In fact, that herder has the power to motion you to stop, to allow his flock across the road. Failing to yield to a herder is considered a serious traffic offense. I guess that ‘s why South Africa focuses on the beautiful beaches and greenery instead of marketing it as a land of ostrich opportunity.

     Road safety groups in the UK are up in arms over a new drink being marketed to help after alcohol consumption. The drink “Security” advertises that it contains an enzyme that helps alcohol digest about 5 times faster in your liver, which allows you to drink and drive quicker.

     Safety groups are working to get the drink banned; or, to limit the advertising claims, so people don’t believe that they can increase their alcohol intake and safely get on the road. The marketer of “Security” is downplaying these claims and says that it’s focusing on helping to reduce the effects of a hangover. Of course, they aren’t marketing this to retirement homes, to be used after holiday parties.

     I got thinking about all this marketing, as I watched Sunday afternoon football. I have to vent a bit. I kept seeing advertiisements for beaches and seafood in New Orleans. Then, at the end the ad would show that it was brought to you by BP Oil. 

     I’m guessing they want us to believe that swimming and eating there is fine and that we should all forget about the 4.9 million barrels that spilled into the Gulf about a year ago. They don’t want to advertise that 8000 birds died or that questions still remain regarding water and food safety. Let’s put it all behind us because of  beautiful scenery in an ad.   

     I remember watching an episode of “No Reservations” on the Travel Channel. Andrew Bourdain had traveled up the Hudson River. There, they stopped and crabbed near a nuclear power plant. The locals assured him that it was safe. So, they sat down to a huge crab feast.

     Seeing these stories and watching these ads reminded me of the power of marketing. Even when that includes Gulf Spills, nuclear power plants, a drink for alcoholics and the power of an Ostrich herder. It made me understand marketing from the 1700′s  . Now I understand why the little piggy cried “wee wee wee wee all the way home”.

     And now our pic o’ day. A bit of job marketing.

 

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Laws and Disagreement

Sunday, November 6th, 2011

     In 2007, TV commentator, Gretchen Carlson, called Ted Kennedy “an enemy of America”. Her personal framework of ideaology viewed Kennedy that way, because she disagreed with his beliefs. Because of 24-hour-news, viewers hear more of that sentiment from both sides. It then stirs up the public to despise everyone in the political process.

     A jury consultant once told me that everyone brings a certain bias to Court. Then, they take the facts of the case before them, and decide it early on. From that point forward, they put the facts in “their trial story”. Evidence that doesn’t fit within that thinking are then thrown out.

      A writer for Forbes describes that viewpoint reaction  as a bias process. She places such thinking and reasoning into 3 categories: Ignorance Assumption, Idiocy Assumption and Evil Assumption. The thinking goes like this:

     First, when someone disagrees, then we assume that we can “share information with them”. In doing so, we believe that we can change their mind. When we can’t it must just be attributed to…

     Second, Idiocy Assumption. When we have shared our thinking and can’t convince them of our viewpoint; then it must just be that they are idiots. Obviously, they would come to our way of thinking if they weren’t so stupid. Unless…..

     Finally, when we find out that the person who disagrees with us, despite having the same facts as we do and are as competent as we are, then we draw a different conclusion about them. We conclude that they are deliberately distorting the truth for their own evil purpose. How else could they know the truth and not agree with us?     

      Here’s how it’s applies. Politicians like to use the phrase that “if we restrict (insert position)” or “if the government does/doesn’t (insert some action)” then “jobs will be lost or jobs will be created”; depending on the argument. It’s why Republicans and Democrats completely disagree on opinions, legislation and proposed solutions.

     A political example of this “same fact thinking” is always present in elections. Apply it to Oil Drilling, Government regulation, or tax rates. Or, how about the allegations of sexual harassment against Herman Cain? Political commentators either cover it, embrace it, argue against; report it or interrupt a co-panelist that is discussing. It’s the application of the three categories of assumption.

          You can either get angry about it or laugh about it. It happens over and over. Now, the jobs bill that is being considered in the US Senate, includes economic stimulus, tax issues and tort reform. It it impossible for legislators not to make every piece of legislation about politics.

     During the Bush Presidency, he was pushing immunity for Pharmaceutical companies. The reasoning, at the time, was that you had to give these companies an incentive to work on new healing drugs. If they were worried about being sued, then they wouldn’t come out with necessary medications, which only hurts the public. So, it made the argument that, anyone who was against caps or restrictions for Pharmaceutical companies, must be evil; because they were against healing and helping the American People. The same thinking that Lawsuits cost jobs.

       No broad based immunity made it into law. Contrary to the necessity of those claims that Drug companies would not have an incentive to keep producing new medications; the FDA just announced this week,  that new drug approvals are going to set a record for the decade. 35 new drugs have been approved  . The benefits of healing continue.

     Self-professed liberal Chris Matthews used to work for Speaker of the House Tip O’Neill. He remembers how many philosophical differences President Reagan and O’Neill used to have. But, he said that Reagan and O’Neill “knew when to argue and knew when to have lunch”. He repeated O’Neill’s thinking that “here in Washington, we’re all friends after 6″. Wouldn’t it be great if laws were crafted by working together, instead of assuming that the other side is evil, because of disagreement.

      Now, Pic O’ day is a reminder that sometimes you just have to dive in, to get things done!

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Bloomberg’s and AP Hormone Therapy Update

Friday, May 13th, 2011

The following is from a Bloomberg News and AP update on Hormone Therapy payments.  Our Firm is still in the middle of this litigation.  Pfizer purchased Wyeth about 2 years ago, which is why it is interchangeable in this article.

The AP (5 1/2, Johnson) reported that Pfizer “recorded charges totaling $472 Million as it reached agreements to settle about one-third of the lawsuits it faces” over whether hormone-replacement therapy (HRT) drugs made by its “Wyeth subsidiary caused breast cancer or other harm to women.”  In an  SEC filing “late Thursday, Pfizer said it took a $172 million charge in the first quarter to cover those agreements, plus verdicts in lawsuits it has lost.”  The pharmaceutical company also “recorded a $300 million charge in the quarter for the minimum expected costs to resolve all of the other outstanding hormone-replacement therapy actions against Pfizer and its affiliated companies.”

Bloomberg News (5/13, Feeley) reports that in February, Pfizer had “agreed to pay about $330 million to resolve 2,200 cases over the menopause drugs, according to people familiar with the accords.”  Overall, Pfizer’s “Wyeth and Upjohn units have lost eight of the fifteen Prempro [conjugated estrogens and medroxyprogesterone] cases decided by juries since trials began in 2006.”

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Akavar Class Action and Others

Monday, May 2nd, 2011

     It sounds like a great idea to be able to “Eat all you want and still lose weight”. Let’s put on our buffet pants right now. Unfortunately, you know the saying of “there’s no free lunch” . Now, we should also start saying that there is ” no all you can eat and don’t get fat lunch”. 

     A nationwide notice is being sent out, authorized by the United States District Court of Utah, relating to a class action lawsuit  that is being brought against the manufacturers of a weight loss supplement that is called Akavar 20/50.(Akavar) The lawsuit is called Miller v Basic Research LLC, et al. (Case No. 2:07-CV-871)

     In their ads for the supplement, the manufacturer made claims that the product had undergone “scientific evaluation” by a “team of doctors”.  The lawsuit alleges that there were no clinical trials; no scientific evidence that supported the claims of being able to eat anything you want and not gain weight; and that the advertisements were just making fraudulent claims.

          In 2009, Hydroxycut was recalled, because people claimed to have suffered severe liver damage injuries. I see their commercials again under the title of “Hydroxycut Advanced”. Now, they are pitching energy and weight loss in the same supplement. Notice, they hit the airwaves hard, right before swimsuit season. I wonder what change they made in the ingredients, that make it “Advanced”.

     Synerate weight loss was recalled, after more than 60 adverse events were reported. Many were deaths relating to heart attacks and strokes.

     The FDA just sent out a warning about an over the counter weight loss supplement called Fruta Planta. It is barred from the US and the warning went as far as to say that you should make sure that it gets thrown away, in a sealed container, so children and animals cannot  get to it.  

     It’s sad that people of bad character concoct some pill; set up a PO Box; and just start running TV ads that tout false claims. Meanwhile, people think that the ads are truthful and the pictures of the actors in their bathing suits, must be real. 

     The battle of the bulge lets these kinds of characters prey on the unsuspecting. History records that  Hitler believed that you should  ”make the lie big; make it simple; keep saying it and eventually they will believe it”.

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A Topamax Recall and Reminder

Thursday, April 14th, 2011

     “Something The Lord Made” is the HBO movie about controversial open heart surgery on an infant. At the time, it was extremely controversial to operate on the heart. Outside the United States, there had been some heart repairs as early as 1895.

     The movie discusses the religious opposition to open heart surgery at the time. There were some that allegedly believed that the soul resided in the heart and thus, should not be tampered with. Others believed that such medical conditions should be left to the determination of our Creator.

     I was reminded of this movie when I saw the recall for Topamax. Topamax is a medication that is prescribed primarily for epilepsy. According to the announcement by the manufacture, Ortho-McNeil Neurologics, the recall stems from four consumer complaints.

     The complaints resulted from an uncharacteristic odor in  pill bottles, that is thought to be TBA (tribromoanisole). TBA is a byproduct of a chemical preservative that is sometimes used on chemically treated wood. It could have gotten into a batch of Topamax, from wood pallets where the medication had been stored.

     Epilepsy  is one of the most common neurologic disorders. History tells us that it used to be sometimes known as the “Sacred Disease” because the resulting symptoms were believed to be a result of such things as demonic possession, or an attack by “other wordly” beings.  A 5th century treatise by Hippocrates discussed the attacks and their possible relationships to visions.

     Because the condition was not understood, some considered it to be contagious or poisonous. Treatments went as far to include literally drilling a hole in a person’s skull, to possibly attempt to either let the poison out or the evil spirit.

     This recall serves to remind us of how fortunate that we are with medical treatment and understanding today. Past medical conditions that were not understood, were given explanations that are obviously considered outrageous today. Maybe some of the treatments today, will also be deemed as an archaic to future medical care providers. 

     The other reason I blogged on this recall, is that it serves as a reminder to pay attention to our personal medications. A bad odor is cause for concern. Some may simply ignore their pill bottle when taking the medication. Also, medications are transported like other cargo and subject to issues beyond the manufacturing.

     In this instance, Ortho-McNeil is saying that the recall is related to fewer than 6000 bottles. Probably there’s a bit of a “conspiracy theory nut” in me, to always question the immediate discounting of any concern.

     I’m glad medicine has made such strides. I’ve been a benefactor of those advancements. Personal vigilence is also important and this recall is a reminder of that.

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How Low is Low Sodium?

Tuesday, April 5th, 2011

     There are some old sayings rattling around in my head, when I think of feeling low. Remember the one about, “I was so low that I sat on the edge of a dime and dangled my feet”?  Or, “when I came to my closet door, I walked under it and still had to look up”? Now, that’s pretty low.

     Maybe those old expressions should be a lesson in “low”, for Campbell Soup Company.  That’s because four New Jersey women have accused the soup maker of misleading consumers.  

     Suit was filed against Campbell, accusing them of falsely selling allegedly lower sodium soups, at premium prices. The pleadings claimed that Campbell’s 25% “Less Sodium Tomato Soup” had the exact same sodium levels (480 milligrams) as its regular tomato soup.

     Campbell Soup had filed a motion to dismiss the womens’ lawsuit. They claimed that the Food and Drug Administration, which  regulates product labeling, does not require Campbell to specify how one soup might compare with other soup products.

     US District Judge Jerome Simandle wrote in his order that “it was reasonable for plaintiffs to expect that the soups that they were receiving, had 25%-30% less sodium than the regular tomato soup; when the soups, in fact, had approximately the same amount of sodium.”

     Campbell Soup has always had that “down home” advertising campaign going for them.  Apparently, they consider the consumer to be dumb enough to pay more for a label, because they say that it’s low sodium. Makes you wonder about some of their other products, if that’s their marketing philosophy.

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