by Long Island Attorney Paul A. Lauto, Esq.

There is a growing need for full disclosure food label laws in the United States.  As if consumers did not have enough food related concerns such as food fraud, suspect FDA approvals, false labeling, increased food radiation levels, pesticides, antibiotics, GMO's and "frankenfish", we may now have to add milk and dairy products to the list. 

The International Dairy Foods Association (IDFA) and the National Milk Producers Federation (NMPF), have filed a petition with the FDA to alter the definition of "milk".  They are seeking to change the definition such that it will include potentially dangerous chemical sweeteners such as aspartame and sucralose, without the need to list such ingredients on the label.  This means that if the petition is approved, when a company lists "milk" on the label, it will automatically include chemical sweeteners such as aspartame or sucralose without being specifically listed.  Accordingly, if you are among the millions of Americans who choose to avoid such chemical sweeteners because they are potentially dangerous to your health, then you may be unable to do so because they will not be listed on milk labels.

But milk is not the only product that would be affected by this petition, as it includes 17  different dairy products such as yogurt, eggnog, whipping cream and sour cream to name a few.  Many have questioned why the dairy industry would even include potentially dangerous chemical sweeteners in dairy products, let alone do so in a secretive manner.  Proponents for the IDFA and  NMPF state that they are doing this to "save the children", as they claim the use of aspartame in products such as milk will reduce calories.  Further, that it is necessary to not specifically label said chemical sweeteners, so that consumers can "more easily identify its overall nutritional value".   

It is very difficult for consumers to make educated choices about what food to put in their bodies, if they are not being told what is in the food they are buying.  However, this is becoming an increasing and potentially dangerous reality in the absence of full disclosure food label laws.  In order to affect a change and have such food label laws passed, consumers have to be proactive.  In order to be proactive consumers need to take action such as petitioning politicians, refusing to buy products that are not properly labeled, sending their comments to the FDA when they consider approving petitions like the one currently before it and becoming self-educated and aware.   Perhaps that is the real way we can "save the children".

Long Island Lawyer
Paul A. Lauto, Esq.

 

by Long Island Attorney Paul A. Lauto, Esq.

A Bronx, NY tenant sued his Landlord alleging that he was assaulted and robbed in his apartment as a result of negligent security.  Plaintiff claimed that his assailants gained late night access to the apartment complex courtyard, lobby and ultimately the residential area of the building as a result of unlocked doors.  Plaintiff further purported that the defendants violated the building code in this high crime neighborhood, that requires self closing, self locking doors with an intercom system.

Defendants argued that plaintiff was to blame as he was tricked into opening his apartment door, without actual knowledge as to who was on the other side.  Further, that the assailants targeted plaintiff and would have made their way to him regardless of any locked doors or intercom.

Plaintiff stated that he was "hog tied" by his four male assailants in his apartment and tortured with a hot iron at gun and knife point for approximately one hour, before being robbed of his money.  Plaintiff allegedly sustained multiple third degree burns, permanent scaring about his body and post traumatic stress disorder.

After one week into the trial, the defendants' insurer agreed to settle the case paying plaintiff $650,000.00.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

In past blogs we have written about the need for full disclosure food label laws, in order to safeguard the consumer's right to know what is in our food .  With our current food label requirements or lack thereof, navigating the food mine field of pesticides, antibiotics, GMO's and other toxic ingredients is difficult to say the least.  In addition, consumers also have to contend with food fraud in order to have a healthy meal.

Food fraud is defined as the adulteration, dilution or mislabeling of goods stocked on the shelves.  In other words, the food you think you are buying may be something altogether different.  Food fraud is found to exist in many common items such as fish, alcohol, spices, fruit juice, honey, milk, olive oil and even baby formula, to name a few.  For example, when you buy Red Snapper fish fillets, it is difficult to know if you are actually getting Red Snapper or fillets from a cheaper fish with the same appearance and texture.  When you pay a premium for Extra Virgin Olive Oil, it is difficult to know if you are in fact getting the oil from the first press of the olives.
 
While it is difficult to quantify the percentage of food fraud in existence due to all the undetected and unreported cases, estimates range as high as 30% percent for some foods.  The highly profitable nature of food fraud, suggests its existence is based on greed and indifference.  Unfortunately, financial loss is not the only consumer problem when dealing with food fraud.  In many instances, consumers are unaware that food is being substituted with a cheaper and sometimes toxic alternative, or ingredients that many are allergic to such as those that are peanut based.  Accordingly, food fraud is potentially dangerous to your health.

In order to avoid food fraud, consumers must be vigilant when reading labels and in their selection of foods.  It is recommended that consumers buy brand name products, as they tend to have more safeguards in place in order to protect their reputation.  In addition, consumers should look to buy foods that are minimally processed (if at all) and foods with short supply chains, such as those at local farmer markets.  If you are aware of a case of food fraud, you should report it and have your information become part of the database  at foodfraud.org.

Perhaps the best way to effectuate a change for the better, is by consumer action like that currently taking place in the state of Washington.  Proactive consumers in Washington have effectively proposed new GMO label laws that will be voted on this Fall.  In this post Twinkie age we live in, the need for consumers to be proactive and protect themselves, has never been more necessary.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.
 
It is common knowledge that inclement weather can result in poor road conditions, which require extra caution while driving.  However, sometimes no matter how careful you drive, you may still be involved in a car accident.  If you are  involved in a car accident, it is important to know what to do when that accident occurs.

1. DO NOT PANIC:  First and foremost is to try and remain calm and make sure that no one has been gravely injured.  If you or anyone else has been gravely injured, seek medical attention immediately.

2. CALL THE POLICE:  Even if the accident appears initially to be minor in nature, it is always wise (when feasible) to call the police so that they may complete an investigation and report as to what happened.  People are not always truthful when thereafter reporting an accident to their insurance company, thereby making the police report the most reliable and objective account as to the happening of the accident.  

3. OBTAIN RELEVANT INFORMATION:  In the heat of the moment it is sometimes difficult to remember what information to obtain.  If you forget, just think of what a police officer always asks for when pulling a driver over.  That is, your license, registration and insurance identification card.  In a polite and respectful manner, ask the driver of the other car to furnish these three items.

When observing the person's license, copy down his/her name, address, date of birth, license expiration date, license identification number, description and State issuing the license.  See that the picture on the license looks like the person and is in fact their license.

When observing the registration, copy down the license plate number, make of the car, year of the car, vehicle identification number, expiration date and name and address of the registered owner.  If the name is different than that on the license, inquire as to who the actual owner is and what their relationship is to the driver, if any.

When observing the insurance identification card, copy down the name of the insurance company for the car, the policy number and the effective term for the insurance.  Make sure that the information provided on the insurance card is in fact for the car you were in the accident with and take photographs of all property damge, if possible.

In short, copy down all information that you feel is important or may possibly be important from the license, registration and insurance identification card, as well as the other person's current telephone number. 

4. SEEK MEDICAL ATTENTION:  Injuries sustained in an automobile accident are not always readily apparent.   In fact, these injuries may often take days or weeks before they are fully manifested.  That is why, even if you think you are fine, it is wise to get examined by a doctor as soon as possible to get a professional opinion.  If you do appear injured, it is best to go to a hospital and get examined and tested as needed.  You may have a serious injury and not realize it at the time of the accident.  These injuries, if not properly attended to, may become far more serious.  When it comes to your health, it truly is better to be safe than sorry.

5. KNOW YOUR RIGHTS:  If you have been injured in an automobile accident, especially if through no fault of your own, you should consult with an attorney to know your rights and what is required of you.  There are numerous forms and time limits that you must comply with, in order to cover your medical bills, lost wages, property damage and personal injuries and pain and suffering.   An attorney will be able to apprise and assist you in completing all necessary forms and complying with all time limits, so as to maximize your recovery and minimize your out of pocket expenses.

If you are unfortuantely involved in a car accident, remember not to panic and make sure no one has been gravely injured.  Call the police so that they may complete an investigation and report and obtain all relevant information from the other driver.  Lastly, seek all necessary medical attention and know your rights.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

The United States Food and Drug Administration (FDA), is a federal agency that is part of the Department of Health and Human Services.  As such, they are entrusted with safeguarding the health of Americans by regulating our food and drugs, among other things.  The FDA has an enormous amount of power and influence in our country and with that comes responsibility.  Many people proudly equate the FDA to being our country's "fourth" branch of power, while others equate it to being the "Fraud and Death Administration."

The FDA has a history of approving certain foods and drugs that are very beneficial and many that are very questionable, to say the least.  One of the more recent approvals, completed with minimal publicity, was that of genetically modified Salmon.  Many believe this approval to be premature at best, in light of the incomplete testing performed to insure human and ecological safety in the raising and consumption of GM Salmon.  

Another FDA approval that has raised many eyebrows, is that of allowing the use of carrageenan as an ingredient in conventional ice cream.  The safety of this ingredient for human consumption has been questioned, in that it is the same ingredient contained in the chemical spray used to de-ice planes.

Perhaps one the most puzzling approvals by the FDA , is that of Castoreum.  Castoreum has been approved for our food use and is commonly found in  processed foods labeled only as a "natural flavoring".  If you are wondering just what that "natural flavoring" is, Castoreum is the juice from a Beaver's anal glands.  Even if Castoreum is completely safe for human consumption, most people would not choose to knowingly ingest the juice from a Beaver's anal glands.  

This is a prime example of why we need to change the specificity requirements in our food label laws.  Consumers have the right to know not only what they are paying for, but the right to know what they are putting in their bodies.  If the FDA, in its infinite wisdom, is going to allow our food to contain genetically modified organisms (GMO'S), Castoreum and other "natural flavorings", then at the very least we need full disclosure label laws.  Until that happens, we must be mindful of the adage proclaiming that "you are what you eat."

Long Island Lawyer
Paul A. Lauto