Posted on August 15, 2010 by Regan Zambri & Long

Congress To Investigate Kellogg Cereal Recall

Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

I recently blogged about the Kellogg's cereal recall.  Last week, CQ Today (8/4, Ferguson) reports "the House Energy and Commerce Committee is looking into the June recall of millions of boxes of Kellogg's Corn Pops, Honey Smacks, Froot Loops and Apple Jacks cereals after the company found that a substance in the package liner could produce a bad taste and smell." Committee Chairman Henry Waxman (D-CA) and Oversight and Investigations Subcommittee Chairman Bart Stupak (D-MI) "wrote on Aug. 2 to the company's chief executive, A.D. David Mackay," asking "about Kellogg's use of a packaging chemical that one study has linked to lung cancer in adults." They asked Kellogg "to document its investigation into the recall;" any "assessments of the potential health risks posed by the chemical, 2-methylnaphthalene;" and "the procedures it uses to ensure that products are not exposed to dangerous chemicals."

Let's hope Congress can get to the bottom of this issue so that it doesn't happen again.

Do you have any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims.  Mr. Zambri has been named one of the "Best Lawyers in America" by Best Lawyers (2011 edition), as well as a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

 


 

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Posted on August 4, 2010 by Regan Zambri & Long

Toxic Levels Of Chemicals In Cereals, Other Products Unknown

 
 

Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

Kellogg's recalled 28 million boxes of kid-popular cereals, including Froot Loops, Apple Jacks, Corn Pops and Honey Smacks, this summer. The company blamed elevated levels of a chemical in the packaging. The big problem: no one knows how dangerous the chemical can be to human, especially children.

According to a report by the Washington Post, "Dozens of consumers reported a strange taste and odor, and some complained of nausea and diarrhea. But Kellogg said a team of experts it hired determined that there was 'no harmful material' in the products. How Kellogg's came to that conclusion is puzzling, though, since the federal agencies responsible for " ensuring the safety of food and consumer products, are in the dark about the suspected chemical, 2-methylnaphthalene. The Food and Drug Administration has no scientific data on its impact on human health. The Environmental Protection Agency also lacks basic health and safety data for 2-methylnaphthalene -- even though the EPA has been seeking that information from the chemical industry for 16 years." I'm not comfortable relying on the manufacturer, are you?

There is a larger problem beyond simply the potential health risks associated with the chemical found in Kellogg's products, namely the apparent gap in the government's knowledge about chemicals we find in the products that make there way to our tables everyday by consumers nationwide. As the Post article points out, "Under current laws, the government has little or no information about the health risks posed by most of the 80,000 chemicals on the U.S. market today." That's 80,000 chemicals!

There are bills pending in Congress that would reshape the manner in which the government regulates chemicals, forcing companies to prove that new chemicals are safe before using them and requiring health and safety assessments of existing chemicals, such as 2-methylnaphthalene--the chemical found in Kellogg's cereals.  Although food manufacturers have complained that new laws might hamper innovation and competitiveness, it is clear that safety must trump their desire to maximize profits.  

I encourage you to contact your local and federal legislators to urge them to pass laws that regulate our foods better to ensure the foods are safe before they are disseminated for consumption.

Do you have any questions about this post?

About the author:

Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial Advocates and a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including automobile accident claims, premises liability, product liability, medical malpractice, and work-accident claims. He has successfully litigated multiple cases against truck and bus companies, the Washington Metropolitan Area transit Authority, and other automobile owners.  His law firm, in fact, has obtained the largest settlement ever in a personal injury case involving WMATA.  Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)--a national publication that honors the top lawyers in America.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

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Posted on July 30, 2010 by Regan Zambri & Long

CPSC Investigation Leads to Recall of Nap Nanny

Posted by Catherine Bertram 

Baby Matters LLC, which produces and markets the Nap Nanny, has issued a voluntary recall of Nap Nannies sold between January 2009 and July 2010.  The Consumer Product Safety Commission investigated the product after a Michigan infant died when her head became wedged between the Nap Nanny and her crib bumper. 

Officials emphasized that users should never place the Nap Nanny in a crib or near any other objects on the floor.  The danger is higher on earlier Nap Nanny models, which do not have D-rings.  Consumers with earlier models can obtain an $80 coupon toward a newer, safer model by calling Baby Matters LLC at (888) 240-4282 or by visiting the company's recall page.

About the author:

Catherine Bertram is board certified in civil trials and was recently nominated as a 2010 Super Lawyer for personal injury law in Washington, D.C.  Ms. Bertram has 20 years of trial experience and is unique in that she was formerly the Director of Risk Management in Washington, D.C.  Ms. Bertram is a member of the bar for the U.S. Supreme Court.  She is a partner with the firm and lectures regularly to lawyers, nationally and locally, regarding trial strategy,  complex medical issues and other related consumer safety issues. She has also recently published a chapter in a surgical textbook.   She can be reached by email at cbertram@reganfirm.com or by phone 202-822-1875 in her office in Washington, D.C.

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Posted on July 9, 2010 by Regan Zambri & Long

FDA To Hold Hearings 7/15 and 16 On Health Risks of Menthol Cigarettes

By Catherine Bertram


 In Gaithersburg, Maryland,  on July 15 and 16,  an FDA panel will hear testimony about the effects that cigarette mint flavoring may have on health. Menthol will be the first matter taken up by the FDA’s new Tobacco Products Scientific Advisory Committee.    To see the agenda for the meetings and for emails and phone numbers related to these meetings click here.

Menthol cigarettes make up approximately a third of the US market. It is expected that various experts will testify about possible health risks associated with menthol and whether menthol increases cigarette addiction. Based on the panel's recommendations, the FDA will consider whether to ban or limit tobacco products which contain menthol.


 

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Posted on July 4, 2010 by Regan Zambri & Long

Johns Hopkins' Doctor says claims of toning shoes are "utter nonsense"

By Catherine Bertram

You've seen them on TV and in advertisements in magazines and catalogs.  You may have even heard Joe Montana sing their praises.  But,  as USA Today reports, some doctors are coming out against so-called "rocker" or "toning" shoes.  They say the shoes can easily inflame wearers' Achilles tendons by forcing the heel to rest lower than the ball of the foot.

MBT, one manufacturer of the shoes, claims they help with knee and back problems, neck tension, and joint pain and tone your abs, glutes, calves, and thighs.  However, the preliminary studies they cite are not double-blinded and don't actually conclude that the shoes lead to demonstrable benefits.

Johns Hopkins University's Dr. Barbara de Lateur, professor of physical medicine, said the companies' fitness claims are "utter nonsense."  Other physicians quoted in the story agree and especially cautioned anyone with balance issues not to wear the shoes.

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