A recent article by Melinda Beck in the Wall Street Journal highlights health food “fine print” and ways that food manufacturers and marketers sometimes take advantage of the public’s ignorance of what’s really good for us. In this first of three commentaries on Beck’s article, we’ll look at two so-called “healthy” substitute ingredients that in some cases may be more hazardous to the body than their supposedly noxious counterparts.

Salt substitutes

The first offender Beck mentions is salt substitutes, many of which replace the sodium chloride of table salt with potassium chloride. For certain people with kidney trouble, excess consumed potassium cannot be filtered through the kidneys, and the resulting electrolyte imbalance can quickly turn fatal. Potassium may also interact poorly with certain heart, liver, and kidney medications, engendering yet another dangerously unhealthy condition.

Sugar substitutes

Artificial sweeteners like sorbitol-found in sugar-free gum, candy, and mints-may not be fully absorbed by the body, and thus have natural laxative qualities. When consumed in large quantities (one entire pack of gum or mints, for example), they may cause bloating, flatulence, cramping, and diarrhea. Other sugar alcohols used in “sugar-free” food products, like maltitol and xylitol, still have an undesirable effect on blood glucose levels, which can be quite dangerous for diabetics-to whom, of course, “sugar-free” convenience foods are strongly marketed.

Dr. Russell Blaylock, a neurosurgeon and nutrition expert who literally wrote the book on excitotoxic food additives, claims that aspartame (familiar to many as NutraSweet and Equal) has been correlated with increased tumor incidence in test animals. A small amount of aspartame in sugar-free gum has been associated with headaches, and even one daily diet cola with aspartame can be broken down to accumulate destructive formaldehyde in cells. Among other health problems potentially associated with aspartame:

Increased severity of depression, multiple sclerosis, and other neurological diseases

Migraines

Seizures

Blindness

Insomnia

Weight gain

Fetal brain damage

How to choose?

Salt or salt substitutes, sugar or aspartame…if they’re all health hazards in one way or another, how is a consumer to choose? Here’s some common sense advice that health educators have given to people who’ve been advised by their doctors to reduce salt or sugar intake:

• Rather than focus on replacing salt or sugar in your diet, you may choose to simply eliminate excess salt or sugar without the use of substitutes. Learning to enjoy the natural flavors of foods without added salt or sugar can be a pleasurable experience.

• If you feel that foods still need “a little something” to kick up the flavor, herbs and spices like oregano, basil, cayenne pepper, and garlic may do the trick.

• Choosing foods as close to their most natural state as possible can prevent the consumption of “hidden” salt or sugar often found in prepackaged, highly processed foods. Check the sodium and sugar/carbohydrates level on the labels of packaged foods. Remember, though, that some natural foods are a significant source of sodium (like some cuts of meat) or sugar (like fruits).

• For balanced sugar/carbohydrate intake, choose foods low on the glycemic index.

It’s easy to be misled by shady marketing of “health” food with unhealthy ingredients. It’s also nearly impossible to avoid confusion over product labeling. Stay tuned for another post coming soon on the regulation and interpretation of those obscure “health” food labels.

The World Health Organization is advising caution in the handling of uncooked pork products because the H1N1 flu virus may be present in the blood and juices of infected pigs. WHO officials say that meat from infected pigs should not be processed and should not be used for human consumption under any circumstances. The flu virus may be able to survive the freezing process, and would therefore be present in thawed meat and blood. This would pose the most danger for those who work in the handling and slaughtering of pigs, and these workers are advised to use protective equipment.

The WHO and other health authorities continue to insist that there is no danger of contracting H1N1 flu from appropriately cooked pork products. Nevertheless, garden-variety caution is of course called for in our kitchens with the handling and cooking of all meats including pork.

The USDA Food Safety and Inspection Service recommends cooking all cuts of pork to an internal temperature of at least 160F. Following general guidelines of cleanliness-such as thorough washing of hands and kitchen surfaces, avoidance of cross-contamination, and proper refrigeration-can help prevent many strains of foodborne illness, including Salmonella, E. coli, Campylobacter, and Listeria monocytogenes.

Other foodborne pathogens associated with pork:

◦ Trichinella spiralis (trichinae) – Parasites

◦ Staphylococcus aureus (staph) – Bacteria

◦ Mold – some types can produce mycotoxins

Appropriate processing, curing, handling, and cooking of pork should eliminate the risk of food poisoning from these pathogens.

New legislation intended to toughen Louisiana’s seat belt use laws moved unanimously out of the Transportation and Public Works committee and will be voted on by the full House of Representatives. Current law only requires driver and front seat passengers to wear seat belts. If enacted, the new law would require all passengers, both front and back, to wear seat belts.

No one spoke against the bill and not one representative in the committee opposed the new legislation which may indicate easy passage in the full House and Senate. Apparently our representatives are listening to their constituents who are concerned about saving lives in auto crashes. Only one in three people use back seat belts according to the latest surveys but a disproportionate amount of car crash fatalities involve back seat passengers. Passage of this law makes economic sense and most importantly, will save lives.

Poor choices by uncooperative food supply companies continue to keep the FDA busy in their fight against pathogen contamination and foodborne illness. This time it’s American Mercantile Corporation which reportedly failed to correct known problems of rodent and insect infestation at their food product storage facility. The potential for contamination under such filthy conditions led to the removal by U. S. Marshals of more than $1.5 million worth of herbs, botanicals, and other food products, including sarsaparilla, spearmint leaves, cornstarch, sweet orange peels powder, licorice powder, sassafras, and salt.

Fortunately, no illnesses have been reported in relation to these products, and let’s hope  none will be. It’s good to see the FDA in action utilizing whatever  regulatory power they still enjoy. We need all the   protection we can get  from yet another potential source of food poisoning.

On the other hand, this is the kind of story that frustrates those of us diligently seeking food safety reform. To hear constant reports of foodborne illness outbreaks, food product recalls, and lapses of an atrociously under-attentive industry is discouraging enough. But the deliberate negligence of a food supplier who knew its products were sitting amid the filth of rat and bug infestation, and still did nothing, is utterly unacceptable. When will companies learn responsibility? Maybe we need more of the secondary regulatory function provided by the tort system as described in a recent Forbes article. Perhaps product confiscation and monetary loss from tort litigation will eventually teach careless suppliers that it’s more profitable to practice clean, safe, conscientious business. This is also another reason why we need punitive damages as part of the tort system.

4 members of the Beauregard Sheriff’s office were involved in a serious 18-wheeler wreck in Caddo Parish, LA. One deputy was killed and the other 3 seriously injured. The 18 wheeler pulled out in front of the deputies while attempting to enter the roadway.

We have a great deal of experience when it comes to accidents involving big tractor trailer rigs. These men and their families deserve compensation. Hopefully the insurers of the 18 wheeler will do the right thing. When they don’t we stand ready to protect the rights of the victims.

Our thoughts and prayers go out to the victims and their families.

Iowa Republican Senator Charles Grassley is leading the fight to end the cozy relationship medical researchers have with giant pharmaceutical companies. Sen. Grassley reported to the inspector general at the U.S. Dept. of Health and Human Services that University of Texas pharmacology researcher Karen Wagner may not have properly disclosed her financial relationship with GlaxoSmithKline, the maker of Paxil.

Although she only reported $600 in income from Glaxo, Wagner was actually paid more than $160,000 for work on a major study of Paxil. That study has been widely criticized for over-promoting positive findings while down-playing increased suicidal thoughts and behavior in adolescents.

The National Institutes of Health requires researchers who receive federal grants to keep financial disclosures on file with their universities. Not only did Wagner, who was the director of child and adolescent psychiatry at UT in Galveston, not report her actual income from Glaxo , she also filled out several research proposals during the time she said she had no financial interest in the drug companies involved.

Sen. Grassley has led the investigation into doctor-drug company connections and exposed for national debate the undue influence big drug companies have over medical research. He has filed a bill to force drug companies to report gifts, travel and speaking payments to doctors. We should urge our senators to support this legislation. Medical research should be independent and trustworthy, not paid for by the very company who will financially benefit from it.

A marine accident recently occurred near Jacksonville, Florida between a docked tugboat and a powerboat with 14 people on board. The powerboat was leaving the marina when it slammed into the tugboat in the Intercoastal Waterway. Rescue efforts were restricted due to ongoing construction on the dock. Seven individuals were seriously injured and five others were killed.

All of the victims were passengers on the powerboat; the tugboat was empty at the time. The Florida Fish and Wildlife Conservation Commission and the National Transportation Safety Board (NTSB) will be investigating this maritime collision. Interestingly, because of the serious injuries and fatalities, the NTSB is investigating this matter even though it typically does not review boating accidents. The investigations will review and consider numerous factors that may have caused the accident such as intoxication, lighting conditions and speed at the time the collision occurred. Hopefully they will get to the bottom of this sooner rather than later.

In Beaumont, Texas, Dannie McLean was driving down the roadway when an 18-wheeler-tractor trailer rig made an illegal left-hand turn directly into McLean’s path causing a collision. McLean suffered permanent and disfiguring injuries, medical costs and loss of earnings.

The lawsuit alleges the 18-wheeler was negligent for failing to keep a proper lookout, failing to yield the right of way by pulling out in front of McLean’s vehicle, and making a left turn out of an illegal lane of travel. The lawsuit not only alleges 18-wheeler driver negligence, but also the truck company’s negligence for negligent entrustment, negligent hiring and negligent retention of its truck driver. Quite frequently, 18-wheelers make left turns on busy highways in front of traffic. Either the 18-wheeler does not keep a lookout to see the approaching motorist, or expects the approaching motorist to slow down and stop otherwise suffer the consequences. When there is a crash between a large truck and a car, the greater percentage of the time the people in the car are going to be seriously injured or killed. The truck has too much weight, sometimes 80,000 pounds.

When it makes financial sense for big corporations and insurance companies to make a buck by shortchanging their customers, you can’t be surprised when some unscrupulous companies do just that. Some companies can cheat a lot of people out of a little bit of money and turn a handsome profit. Who will notice small, bogus charges? And better yet, who will do anything about it? This is especially true when the bogus charge is small and it will cost more money to litigate the case than any individual potential recovery is worth. The companies figure that the consumer will just have to eat it. And the corporation will pocket the money.

Those small claims (ones that cost more to litigate than the bogus charges are worth) are known as “negative value” claims. Class actions are often the only way that consumers cheated by insurance companies and other big corporations can be compensated for being cheated out of small amounts or “negative value claims.”

Class actions guard against such dishonesty. A recent example is a case from Missouri. Some insurance policyholders complained that American Family Mutual Insurance Company used inferior, non-original equipment to repair their damaged vehicles in violation of their policy with the company. A jury agreed and awarded over 17 million dollars in damages. Contrary to most arguments that defendants make about a “runaway jury,” an appellate court agreed with the findings of the jury. That court stated that the plaintiffs “presented sufficient evidence for a reasonable juror to conclude that aftermarket parts are not of like kind and quality to OEM (original equipment manufacturer) parts and that American Family breached its contracts with its policyholders when it paid to return the damaged vehicle to pre-loss condition based on the nature and cost of aftermarket parts.”

The lawyer for the consumers, Michael Waldeck, said the appeals court’s decision “recognizes the importance of giving relief to class members whose claims are otherwise too small to pursue.” Exactly.
At Neblett, Beard and Arsenault, we applaud the courage of the Missouri Court of Appeals, Western District, and attorneys Like Mr. Waldeck who stand up for consumers who have been shorted by their insurance companies.

After a job injury, many injured workers can apply for and receive social security disability benefits. The disability benefits will usually be lower when receiving workers comp benefits because the federal government will take an offset. Sometimes it is beneficial to apply for these disability benefits after a work accident because it can supplement your income.

However, if there is ever a settlement for future benefits from your work injury with the workers comp insurance company, you must keep social security’s and/or Medicare’s interests protected. In some cases you will need to get a set aside amount approved by the Center for Medicare Services (CMS). In some cases you do not need this set aside, but you still need to protect Medicare’s interests. Remember, in certain cases your work injury might lead to a settlement with workers comp, and we advise you not to do this on your own. We handle all types of work accidents and will work to help you with the settlement and help you protect your future entitlement to Social Security and Medicare.