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Currently Viewing Posts Tagged Food

When Someone is Watching

I am always looking for eyewitnesses in our cases. Here’s a different take on an eyewitness.

Researchers tell us a way to stop eating junk food. Researchers at Cornell University’s Food and Brand Lab scientifically tell us that eating in front of a mirror can effect your taste for junk food. (

According to their study of 185 graduate students, watching yourself eat junk food in front of a mirror triggers discomfort. It reminds you of your eating choices.

Their conclusion? If you are looking for a way to lose weight and eat healthier, pick up a new mirror for your dining room or kitchen. It could help you watch what you eat…literally!

And for our pic o’ day, here’s something to remind us about smiling!



Who Moved the McDonald’s Cheese?

When Morgan Spurlock came out with his documentary movie Super Size Me, which was about his 30 days of eating his meals at McDonalds, it supposedly help to set McDonald’s in motion to create a healthier menu.


Soon, we started seeing menu items that included yogurt and salads. The business world and the stock market applauded their ability to adapt to changing times.

Which leads us to one of their new menu items that has now led to a lawsuit. From the Kansas City Star comes a story titled McDonald’s customers ask ‘where’s my cheese’ in Mozzarella Sticks?

A California man has filed sit and is seeking class action status while suing for at least $5 million in damages on behalf of consumers in more than 40 states. The lawsuit claims that McDonalds has falsely advertised it’s new Mozzarella Sticks by claiming that the sticks are “100 percent mozzarella,” while not being 100%.

In fact, the pleadings set forth that, “the sticks are filled with a substance that is composed (in part) of starch, in violation of the federal standards of identity for ‘mozzarella’ cheese, and contrary to reasonable consumers’ expectations regarding the meaning of the term ‘mozzarella.’”

The suit asserts that tests showed that starch accounted for 3.76%  of the cheese portion of the sticks, measured by weight, inside a breaded coating. While McDonalds has not yet specifically commented on the suit, they have previously stated that reports of some “cheeseless “mozzarella sticks were simply a rollout glitch.

They claim that the cheese apparently simply melted out of the sticks as they were cooked, which should have prevented them from being served to customers.

And for pic o’ day, it’s all about good eating… depending on our definition of good eating!


Fitbit and Wegmans

This  contains lawsuit and recall information on a product and a grocery chain that I like a lot. So, I have combined them both in a news kind of blog. It’s some of Wegmans and Fitbit.

Fitbit is facing a class action lawsuit that claims that their devices do not effectively monitor heart rates. (Fortune) According to the filed lawsuit, Fitbit’s heart rate monitoring technology (PurePulse) does not accurately measure a user’s heart rate. The lawsuit contends that one of the plaintiff’s “trainer recorded a heart rate of 160 beats per minute (bpm) while her Fitbit showed that her heart rate was only 82 beats per minute.”

The lawsuit also states that a cardiologist, who used an electrocardiogram machine to compare results, found Fitbit’s heart rate sensor to be consistently inaccurate.  Multiple plaintiffs in the lawsuit claim the same reported inaccuracies. The market doesn’t like this news and the stock that recently went public is now trading below its IPO price after falling over 12%.

Moving from fitness to food, you might want to avoid buying certain bags of chicken. These include Wegman’s Italian Flavored Chicken Breast Cutlet and Brown Sugar Barbecue Seasoned Chicken Breast Cutlet. The grocery chain has issued a recall on its chicken because their product/ chicken missed a government inspection.( The grocery chain advises that they have recalled over a thousand pounds of chicken.

I guess it makes you question health. Me, I would question seeing a chicken walking fast down the street… wearing a Fitbit.

And to fight the cold…


Not the Tricks

There used to be a cereal commercial for Cocoa Puffs where Sonny the Cuckoo Bird would scream that “I’m cuckoo for Cocoa Puffs”.



I imagine that part of the reason that General Mills knew that it would be such a hit as a cereal, was that they literally and proudly stated on the box that the cereal was made with real Hershey’s chocolate.

Of course, if parents really believed that they were doing a good thing by serving that to their kids…. then someone is cuckoo. However, I was reminded of that cereal advertising…

(This is kind of like a mid-blog commercial to say that I’m glad that General Mills has modified the ingredients of Cocoa Puffs  to make it almost as healthy as a Pop Tart or maybe candy corn, and yes that is sarcasm. Now back to our blog! )

As I was saying, I was reminded of that Cocoa Puffs advertising when I recently read a sales list that suggested doing the following to be a successful sales person:

The world’s best salespeople take charge of sales meetings by adjusting their chair’s seat height. They begin meetings with their chair adjusted slightly below their customer’s, which subliminally signals that the customer is in a dominant position. As the meeting goes on, the salesperson will slowly elevate his or her chair in order to sit slightly higher than the prospect—putting them in a dominant position. The slow transition subliminally stages the prospect to be more receptive to suggestions from the salesperson. And if they can’t adjust the chair, they simply change their posture to achieve the same effect.

Now, my impression of that sales recommendaton borders on nonsense and unbelievable. Or, it’s at the intersection of offensive and the advertising of a chocolate-covered cereal.

What am I saying? What ever happened to honesty and integrity? There are still people who believe that the most successful lawyers are the ones who are slick and tricky.

That’s why it was refreshing when I recently attended a trial lawyers’ seminar where the speaker stated that the most successful trial lawyers are the ones who honestly present their case and have jurors truly believing the evidence. That there is no place for tricks in the courtroom, and that jurors see through that anyway.

I guess a cereal doesn’t have to be covered in chocolate to be profitable!

And finally, because it is officially spring… our pic o’ day:



Those Diet Drinks!

This past week I watched a lot of basketball including the ACC tournament and games that featured University of Richmond and Virginia Commonwealth. As a sports fan, this is a great time of year.

While watching these games, you start to see the same commercials repeated over and over. So much so, that on occasion I have found myself thinking that I will never buy that car or that product being advertised. Maybe they really are just trying to irritate me into an angry purchase. Is that a marketing ploy?

There is one ad that I just cannot get enough of it. In fact, I’ve even mentioned it in a previous blog. It’s really a spokesman/animal. It’s the Food Lion lion. Here he’s even at a tailgating party:



Seriously, I know that a lion cannot talk and dispense wisdom on budgets and shopping. Although, lions might enjoy picnics and tailgating. So there’s that!  There’s even one where he enjoys getting his hair/mane blown back like a “hair band member” from an 80’s rock band.

The Food Lion lion is a figment of our imagination and fancy televison editing. Another figment of our imagination… diet soft drinks.

According to WebMD, after eight years of collecting research data,  researchers at the University of Texas Health Science Center have reported findings that a person’s risk for being overweight increases by 41 percent, for every can or bottle of diet soft drink that they drink per day.

Also in the book A Lighter You! Train Your Brain to Slim Your Body, author  Holly Stokes, a certified Hypnotherapist and Neuro-Linguistic Programming (NLP) Practitioner, writes that drinking diet drinks are more likely to cause weight gain than non-diet soda and may lead to health problems including diabetes and heart disease.

When we take the concept of diet soda as being part of losing weight, it is true that it saves approximately 140 calories versus other sugary drinks. Unfortunately, it is linked to causing tooth decay, depression, loss of bone density and has been linked by some researchers to heart problems. Not to mention the fact that diet drinks have no nutrional value.

The above reported study followed over 9500 people to arrive at these research findings. Unfortunately, diet drinks are like the Food Lion lion.

Of course, I still am waiting to hear the Food Lion lion say the diet drinks are healthy. I might then be persuaded!

And for pic o’ day


Writing on Anything

With the craziness of the weather, it caused me to want to write about something I wanted to write about. So I thought, “What do I want to write about?”. Time ticked on.

Then I thought that I would figure out a way to write about baseball. Still, I couldn’t figure out how spring training belonged in a legal blog. Boom… it happened.

The Arizona Diamondbacks have announced that they are going to be selling the Churro Dog during the season. Right then, I knew what I needed to blog about. Somehow, I needed to make this a contract matter. The Churro Dog!


It is described as a “warm cinnamon churro sitting inside a Long john chocolate-glazed donut which is then topped with frozen yogurt, caramel and chocolate sauces”. The estimated calorie count? 1117 calories.

That’s when I realized that I had my contract. For $8.50… 1117 calories.

Last year, Arizona announced that they were selling a D-Bat Dog for the tidy sum of $25.


It’s described as an 18-inch corn dog stuffed with cheddar cheese, jalapenos and bacon. And, served with a side of fries. So, I suppose that they are counting on people to start out with the dog and finish off with the Churro. That’s a meal that will separate us from the herd!

herded like cattle not used

Just as a side note, the Texas Rangers first introduced a $25 dog in 2012 that was 2-feet-long. They called it the broomstick. They sold over 20,000 of them that season. So…. there is a market for those fix ins’.  And for me… a blog that makes me hungry on a Thursday. Well, maybe just a little hungry.

And for pic o’ day, I imagine that some are also saying “Really?” But others might be saying…



Thank You Thoughts and Pictures

History  tell us that the first Thanksgiving celebration can be traced back to 1671. It was celebrated in Plymouth, Massachusetts by the Pilgrims. They had survived the trip from England and Europe as well as their first bitter winter in 1620.

Under the rule of the Continental Congress,  President George Washington declared a National Day of Thanksgiving “as a day of public thanksgiving and prayer to be observed by acknowledging with grateful hearts the many and signal favours of Almighty God”.

I think that Thanksgiving has a different meaning to each of us. A couple of days ago, I sent out our Firm newsletter/eBlast here, which caused me to look at my last year’s introduction before writing the one for this November eBlast. It made me travel down memory lane a bit.

For some things this year, I am glad that I will only see those events in my memory rearview mirror. Other things just make me feel good when I think about them and feel so thankful. I am also reminded that I have so many reasons to be thankful.

I plan on spending time with family; eating a big meal; putting on my loose fitting pajamas; watching some football; eating some leftovers; and spending more time with family. I cannot wait to be thankful!!!! The perfect day for buffet pants.


Favorite program

And finally, I post another pic o from the past. This one always makes me laugh. I hope you have a wonderful Thanksgiving. And, I hope you will be back on Monday with a smile and the knowledge that you should never feel guilty for having a second piece!

car load o'turkeys

No Sandwich Competition

I try to eat healthy at lunch. However, without fail, I am always greatly tempted by the sandwiches on the menu. Thinking about it right now even makes me hungry. That said, I am not a big fan of the sandwich shop Jimmy John’s. Just not a big fan of their sandwiches.

Now, I have learned that Jimmy John’s makes their new employees sign a non-compete agreement when they are hired. The agreement provides in part:

Employee covenants and agrees that, during his or her employment with the Employer and for a period of two (2) years after … he or she will not have any direct or indirect interest in or perform services for … any business which derives more than ten percent (10%) of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches and which is located with three (3) miles of either [the Jimmy John’s location in question] or any such other Jimmy John’s Sandwich Shop.

This is what a new employee signs as part of a bunch of paperwork when hired. For instance, this is restricting a sandwich maker or a delivery driver from jumping to a competitor for a period of two years. In the agreement, competitors are defined as any business that is near a Jimmy John’s location that receives at least 10% of the restaurant business from the sale of sandwiches.

Now, let’s really narrow it down to what it means. Jimmy John’s advertises that it has more than 6000 restaurants throughout the United States. Those locations are in 44 states. So, if a sandwich maker or a delivery driver happened to move to another state and tried to go to work at a restaurant that had that 10% sandwich ratio… boom, they would be in violation of their non-compete.

To be fair, I can understand how some employees who have served in management would have learned trade secrets. The non-compete would have some legitimate purpose. In legal terms, a legitimate business reason. However, such a broad restriction on all employees can surely have impact on someone’s ability to earn a living.

In the past, Jimmy John’s has been sued for “systematic wage theft” under a claim that employees were required to work off the clock. In addition, a class action suit was filed against them because they were regularly failing to put sprouts on sandwiches. Yep… sprouts!

Now, some workers are beginning to file suits relating to the non-compete, with a claim that it is oppressive. So, it appears that Jimmy John’s is fighting about wages, sprouts and competition. The business of making sandwiches sure seems to be pretty complex outside of the bread.

And for pic o’ day:


False Pasta Claims

It’s another story of a false advertising settlement. (Miami Herald)   Dreamfields Pasta was marketed as a low-carb alternative to traditional pasta, without sacrificing  the taste. Marketed under the slogan “Healthy Carb Living”.

Dreamfields had touted its patent-pending formula, with a claim that they had created a matrix within the pasta that kept 31 grams of carbs per serving from being ingested. I guess, like my grandmother used to claim that a bowl of ice cream was really just air. A good reason a an extra scoop of air!

Unfortunately, that “too good to be true” was too good. A University of Minnesota study showed that the pasta claim was “flawed methodologically”. The claim on the Dreamfield pasta box that it’s low-carb pastas still contained the “authentic taste and al dente” of traditional pasta, was actually true. It also contained the ability to make the hungry a bit tubby!

Dreamfields Foods, through the North Dakota-based Dakota Growers Pasta, has now entered into a settlement to resolve a lawsuit filed against it for false advertising. It is now changing its label and also refunding customers 1.99 for each box of pasta purchased since 2004. It limits store bought purchase reimbursements to up to 15 boxes. Online purchases has no reimbursement limitation. No limitation… like the amount of weight that could be gained by continually eating that “matrix of pasta”.

DID YOU KNOW that in Alaska, it is against the law to whisper in someone’s ear while they are hunting? I guess if a friend is talking too much, you can always turn to them and say, “I’m moose hunting!”

Pic o’ day is all about the confidence:

Dog under control

Dangerous Lemons

It seems so routine. An order for a glass of ice tea arrives and attached to the glass is the lemon wedge. You are faced with a choice: squeeze it and throw it in your drink or just squeeze it and put the wedge on a side plate. What is the better choice?

According to the Journal of Envirormental Health, I just asked you a trick question.  It’s a question similar to one that I will always remember from my driver’s education class. The teacher asked, “Should you drive in the snow with headlights in regular or the high beam setting?” I chose regular setting. The teacher’s correct answer, “Never drive in the snow”.  Thankfully that was not on the DMV driving test.

With that as a backdrop, let me recite some statistics from the study published in the Journal. Studies done on those lemon wedges. Researchers swabbed the rinds of 76 lemons from 21 different restaurants in their study. The samples were collected as soon as the beverage was served. The findings from the research produced the following advice, “Restaurant patrons should be aware that lemon slices added to beverages may include potentially pathogenic microbes”.

A Professor at NYU conducted a similar “lemon study” sponsored by ABC News which also found restaurant workers handling the wedges with their bare hands including handling them after using the restrooms where they had failed to wash their hands. In addition, the wedges were regularly not washed. Sometimes the lemon wedges were originally just lying on counter tops that had not been cleaned and on occasion, the wedges were even dropped to the floor.

In these studies, half of the wedges were shown to be contaminated with bacteria including fecal matter. Both showed a wide variety of contamination. While we can’t avoid all germs, it might be very worthwhile to order the next beverage “without the lemon” and enjoy lemons at home, where you have control! Both attached articles surely create some restaurant lemon wedge fear.

DID YOU KNOW that the sandwich was named after the Fourth Earl of Sandwich (1718-92). He was known to stay at the gambling table and wanted to eat meals without interruption… hence sandwiches for dinner.

And for pic o’ day here is poolside:

Bear Pools

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