jlmiracle 7 #1 May 12, 2003 Lawsuit seeks to ban sale of Oreos to children in California Nabisco taken to task over trans fat's effects Kim Severson, Chronicle Staff Writer Monday, May 12, 2003 -------------------------------------------------------------------------------- Oreo cookies should be banned from sale to children in California, according to a lawsuit filed by a San Francisco attorney who claims that trans fat -- the stuff that makes the chocolate cookies crisp and their filling creamy -- is so dangerous children shouldn't eat it. Stephen Joseph, who filed the suit against Nabisco last week in Marin County Superior Court, is a public interest lawyer who last battled the city to remove graffiti from traffic signs. He took up the trans fat battle after reading about the dangerous artificial fat in several stories published by The Chronicle that showed how trans fat is hidden in many of the popular snack foods Americans eat. Joseph also believes his father's death from heart disease was caused in part by a lifelong diet of margarine and other foods made from trans fat. The suit, the first of its kind in the country, asks for an injunction ordering Kraft Foods to desist from selling Nabisco Oreo Cookies to children in California, because the cookies are made with partially hydrogenated vegetable oil, also called trans fat. Partially hydrogenated oil is in about 40 percent of the food on grocery store shelves, including most cookies, crackers and microwave popcorn, according to the U.S. Department of Agriculture. But doctors and government researchers believe it is linked to several debilitating diseases and might be one of the worst ingredients in the American diet -- in part because we eat so much of it without knowing. The Institute of Medicine, a branch of the National Academy of Sciences, last summer confirmed that trans fat is directly associated with heart disease and increases in LDL cholesterol, the kind that can clog arteries. Because of that, the institute report said there is no safe amount of trans fat in the diet. Prompted by those findings, and after being petitioned by health advocates, the Food and Drug Administration decided to force food manufacturers to list trans fat among the other fats and nutrients printed on the side of food packages. But the rule has been challenged by food manufacturers. A final version is pending. As it stands, U.S. consumers have no idea how much trans fat is in food because it isn't required on nutrition labels. Even products marked "low in cholesterol" or "low in saturated fat" might have high levels of trans fat. Providing information about trans fat on labels could prevent 7,600 to 17,100 cases of coronary heart disease and 2,500 to 5,600 deaths every year -- not only because people would be able to choose healthier foods but because manufacturers could choose to reduce trans fat amounts rather than list high levels on nutrition panels, the FDA has estimated. The Oreo lawsuit differs from consumer lawsuits against tobacco, and more recently, fast-food giant McDonald's, Joseph said. "Tobacco is well known as an unsafe product. Trans fat is not the same thing at all. Very few people know about it," he said. Joseph said his suit is about the hidden nature of trans fat and the marketing to children. That's what makes it different from a class-action suit filed earlier this year against McDonald's on behalf of an obese New York man. (That suit was thrown out in February.) Joseph's suit does not focus on obesity or on the choices adults make when they eat, he said. Legally, Joseph is relying on a provision in California law that says companies aren't liable for a commonly used but unhealthy product if it is well-known in the community that the product is unsafe. "But this product, trans fat, is not commonly known to be unsafe," he said. "That's why trans fat is a far stronger case than tobacco or McDonald's because people know those are dangerous." In his suit, Joseph cites the Hanover, N.J., company's Nabiscoworld Web site, with its games for children. In particular, he mentions a school-based program called the Oreo On-line Project, which involves stacking Oreos as high as possible without toppling the tower. In 2002, more than 326 schools and classes around the country participated, according to the Oreo Web site. "This is a FUN way to teach your students math, measurement, working as a team and more," the Web site says. Nabisco officials, who Joseph said will likely be served with the suit this week, weren't immediately available for comment. They will have 30 days from the May 5 filing date to respond. State Sen. Debra Bowen, a leader in state nutrition-reform legislation, called Joseph's choice of the California product liability law to go after food makers who use trans fat a unique approach. "Anything that brings people's attention to how dangerous and unhealthy trans fat can be is probably a good idea, because most people who go to the grocery store and see a bag of cookies or chips pitched as 'low fat' probably assume fat is fat," she said. "As the FDA confirmed last year, that's definitely not the case when it comes to trans fat." Joseph, a former Washington, D.C., lobbyist who has been practicing law since 1980, has worked on several other business issues, including tax credits, aviation and energy and successfully sued ITT. He most recently formed S.F. Graffiti Busters and sued the Department of Parking and Traffic to try to get the agency to remove graffiti from its parking and traffic signs. In addition to the Oreo suit, he has formed a nonprofit corporation called BanTransFats.com, Inc. and has printed T-shirts that read, "Don't Partially Hydrogenate Me." The Associated Press contributed to this report. / E-mail Kim Severson at kseverson@sfchronicle.com. ------------------------------------------------------------ Food banning is getting out of control. Don't mess with my oreo's. JudyBe kinder than necessary because everyone you meet is fighting some kind of battle. Quote Share this post Link to post Share on other sites
lummy 4 #2 May 12, 2003 QuoteFood banning is getting out of control. Don't mess with my oreo's. Look at it this way, if this is scuccesful, there will be more oreo's elsewhere in the countryI promise not to TP Davis under canopy.. I promise not to TP Davis under canopy.. eat sushi, get smoochieTTK#1 Quote Share this post Link to post Share on other sites
SkyDekker 1,392 #3 May 12, 2003 QuoteFood banning is getting out of control. Don't mess with my oreo's. This is the shit that happens when they don't have to fight the no-smoking war anymore..... Quote Share this post Link to post Share on other sites
PhillyKev 0 #4 May 12, 2003 Dude, there'll be people smuggling Oreos across the border....people will by trying to pass off those low grady Hydrox cookies as the real thing, and those new reverse Uh-Oh Oreos will be selling at a premium. It'll be mass pandemonium. Quote Share this post Link to post Share on other sites
lummy 4 #5 May 12, 2003 LMAO... The underground Oreo network.... Psst .... dude, wanna buy an oreo?I promise not to TP Davis under canopy.. I promise not to TP Davis under canopy.. eat sushi, get smoochieTTK#1 Quote Share this post Link to post Share on other sites
Shark 0 #6 May 12, 2003 So what is up with the NoCal people??!! Well, we can smuggle some up from SoCal fer y'all. Quote Share this post Link to post Share on other sites
flyinryan 0 #7 May 12, 2003 He He He I love when people get a hold of information they do not entierly understand. Kinda reminds me of the folks who eat organic food. Forget the fact that there really is not regulation on what is and is not organic, so you can call anything organic and mark up the price. Too much of anything is bad for you. Hell, even oxygen is toxic at too high a pressure.BASE 853 Quote Share this post Link to post Share on other sites
Sebazz1 2 #8 May 12, 2003 Just another example of the flamin liberalism that has a firm grip on California... A warning to all others. This place sucks!! Damn friggen fruits 'n nuts everywhere. I am posting this from my office up atop of a tree by the way. Damn loggers!! Gotta go walk around sticking "Stop Supporting Terrorism" bumper stickers on some SUV's in a minute and grab me a double de-caf non fat latte...... Yeah that's it!! I heard vegetables might feel pain too... Gonna start a new air diet. Oreo cookies ... Quote Share this post Link to post Share on other sites
GARYC24 3 #9 May 12, 2003 That's why I leave the chocolate covered "trans fat" for last! Quote Share this post Link to post Share on other sites
Zenister 0 #10 May 12, 2003 QuoteI heard vegetables might feel pain too... Gonna start a new air diet. "these are the cries of the carrots! the cries of the carrots, for you see, tomorrow is harvest day and for them, it is, the holocaust... and i awoke from my slumber in a cold sweat and a cry broke from my lips.. LET THE RABBITS WEAR GLASSES!!"____________________________________ Those who fail to learn from the past are simply Doomed. Quote Share this post Link to post Share on other sites
Michele 1 #11 May 12, 2003 First my guns, now my double stuffs... This could present serious difficulties for me. Serious. Like really bad. Dewd... Ceils- Michele ~Do Angels keep the dreams we seek While our hearts lie bleeding?~ Quote Share this post Link to post Share on other sites
lummy 4 #12 May 12, 2003 QuoteThis could present serious difficulties for me. Serious. Like really bad. Good thing they took away your guns FIRST ;)I promise not to TP Davis under canopy.. I promise not to TP Davis under canopy.. eat sushi, get smoochieTTK#1 Quote Share this post Link to post Share on other sites
happythoughts 0 #13 May 12, 2003 QuoteI heard vegetables might feel pain too... Gonna start a new air diet. Chickens were probably the first vegetable to break free and take control of their life. All you have to do is look at their feet and you'll know it's true. Their legs and feet are like little roots. I figure that the farmer was coming down the row and they just pulled up their roots and sprinted for it. Nothing like being eaten to be a motivator. They still can sprint like bandits. Quote Share this post Link to post Share on other sites
billvon 2,874 #14 May 12, 2003 >Just another example of the flamin liberalism that has a firm grip on > California... A warning to all others. This place sucks!! Damn friggen > fruits 'n nuts everywhere. Exactly. The smog sucks, there's too much traffic, there are treehuggers around every corner - avoid this place like the plauge! Quote Share this post Link to post Share on other sites
Michele 1 #15 May 12, 2003 QuoteGood thing they took away your guns FIRST ;) Trust me, Lummy...I have mastered the art of self defense. I could handle my oreo deprevation issues with a pencil, a Lady Shaver by Bic, a hot frying pan, or even a look....and if those don't work, I can invent new and interesting ways to handle the problems. Take away my Oreos, and head's up, folks!!! Ciels- Michele ~Do Angels keep the dreams we seek While our hearts lie bleeding?~ Quote Share this post Link to post Share on other sites
Muenkel 0 #16 May 12, 2003 Don't worry Michele. I'll smuggle some double stuff to you. I have plenty of plain brown wrappers lieing around the house.Chris _________________________________________ Chris Quote Share this post Link to post Share on other sites
Zenister 0 #17 May 12, 2003 [subtitle]mind you Bic bites can be very nasty...[/subtitle]____________________________________ Those who fail to learn from the past are simply Doomed. Quote Share this post Link to post Share on other sites
Sebazz1 2 #18 May 12, 2003 Those suffering from incurable munchies will be able to obtain medical oreo's with a prescription of course... I'm opening up a medical oreo clinic in dowtown San Fran... Quote Share this post Link to post Share on other sites
Muenkel 0 #19 May 12, 2003 Quote Lawsuit seeks to ban sale of Oreos to children in California The difference between California and Massachusetts: California will ban them and Massachusetts would find a way to tax them.Chris _________________________________________ Chris Quote Share this post Link to post Share on other sites
GiaKrembs 0 #20 May 12, 2003 Way to capitalize Sebazz, good looking out! Let me know when your stock goes public.... g Raddest ho this side of Jersey #1 - rest in peace brother Beth lost her cherry and I missed it .... you want access to it, but you don't want to break it. Quote Share this post Link to post Share on other sites
FallRate 0 #21 May 12, 2003 Strange Oreo History I should probably add that you should read the whole article. FallRate Quote Share this post Link to post Share on other sites
AndyMan 7 #22 May 12, 2003 QuoteI love when people get a hold of information they do not entierly understand. Kinda reminds me of the folks who eat organic food. Forget the fact that there really is not regulation on what is and is not organic, so you can call anything organic and mark up the price. Actually, that is patently false, as of two years ago. See this: http://www.nutritiononestop.com/articles/organic.html Personally, I love it when people post completely false assertions. It's just too fun to show them being wrong. QuoteToo much of anything is bad for you. Hell, even oxygen is toxic at too high a pressure. Also, you seem to miss the point. The difference between this and the tobacco lawsuits are that everybody KNOWS tobacco is dangerous, but most people do not know that trans-fatty acids are any more dangerous then other kinds of fats, or that products even contain trans-fatty acids in the first place. People generally know that fat is bad, but this is not entirely true. Small quantities of fat are necesary for life, kinda like salt. Trans-fatty acids are different. They do not occur in nature, and there is no "good" aspect, any way you look at it - they are lethal. Saying ""there's nothing wrong with them as long as you moderate your intake", makes as much sense as saying the same thing about cyanide. Likewise, with your oxygen comparison - oxygen has a good side to it, but trans-fatty acids do NOT. The only reason to use trans-fatty acids are monetary. It's cheaper to use margarine then it is to use butter. It's cheaper to use shortnening then lard. Anyone who does baking will tell you a pie crust made with lard instead of shortening tasts a hell of a lot better. Unfortunately, it's also more expensive. This isn't like the fat guy sueing mcDonalds, either. The fat guy should've known better. Kids don't. Kids parents don't. It's not on the label, and people don't know what it does. The manufacturers DO know what it does. The manufacturers should know better. They are entirely man made compounds, do not exist in nature, and are toxic.__ You put the fun in "funnel" - craichead. Quote Share this post Link to post Share on other sites
dterrick 0 #23 May 12, 2003 Aah, Andyman, another foodie in our midst? There's nothing quite like being introduced to the raw ingredients of your meal in nature rather than "inventing" them ... butter vs. margerine is my favorite example becvause so much of "our" generation learned that "butter is baaad, n'kaaay" but I refused to listen. It's not much more expensive and I can make it with what I squeeze out of a cow and what I dehydrate from salt water. Sure, if I pour a cup of it onto my popcorn it's not going to be much better for me than a plastic wrapped microwavobox of Orville's finest, but all these little choices DO end up making a difference. And, it leave more slack for the fun stuff, like beer. Even there, I only drink beer brewed according to the Reinheitsgebot of 1516 A.D., the Bavarian Law of Pure Beer . Dave Life is very short and there's no time for fussing and fighting my friend (Lennon/McCartney) Quote Share this post Link to post Share on other sites
rjackson 0 #24 May 12, 2003 Its stupid law suits like this that remind me why I left California.--------------------------------------------- Randy Quote Share this post Link to post Share on other sites
sunshine 2 #25 May 12, 2003 The only thing Oreos are good for is throwing at cars on the interstate. ___________________________________________ meow I get a Mike hug! I get a Mike hug! Quote Share this post Link to post Share on other sites
