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Health

San Francisco Sues Monster Energy Drink Maker For Marketing To Kids

(Credit: CBS News)

San Francisco’s public attorney has filed a lawsuit against Monster Beverage, the maker of the popular Monster energy drinks, over concerns that the company is targeting its potentially-dangerous products to children as young as six years old in its advertising campaigns. Energy products like Monster have been coming under increasing scrutiny recently as reports of their adverse health consequences have been on the rise.

The lawsuit is the latest skirmish in a battle that began when the parents of a 14-year-old girl with pre-existing heart conditions — who died after consuming several cans of the product in a 24-hour period — sued the company towards the end of last year. That prompted San Francisco city attorney Dennis Herrera to open negotiations with the drink maker in an effort to persuade them to use safer ingredients. Herrera claims that the talks were occurring in “good faith” — until Monster suddenly sued him last week over his product change demands, which Monster argues that only the Food and Drug Administration (FDA) has the authority to make. Now, Herrera is suing the manufacturer under the auspices of a California marketing and public health law, noting that Monster’s website “uses children as young as six years old to promote its brand.”

There have been at least five deaths and one heart attack potentially linked to Monster products since 2004. In fact, as energy products have grown in popularity, the number of energy drink-related emergency room visits ballooned to a staggering 20,000 between 2007 and 2011 — a two-fold increase in just four years. That’s led congressional leaders and FDA officials to focus attention on an industry that has, until now, largely been spared scrutiny over public safety concerns. Monster recently responded to this pressure by relabeling its products as “drinks” rather than “dietary supplements,” a move that frees it from its responsibility to report incidences of its products’ adverse public health requirements.

However, that same decision may end opening up Monster to more robust federal oversight. “Food” products must contain ingredients that are “generally recognized as safe” — something that critics argue do not fit the description of little-known caffeine-like substances used in Monster drinks such as taurine. The FDA recently announced that it would ramp up investigations into energy-enhanced food and drink products in the wake of health risk concerns and the emergence new concoctions such as Wrigley’s new “Alert” energy gum — each stick of which has as much caffeine as half a cup of coffee.

Health

California Restaurant Owners Pocketed The Money Intended To Fund Their Employees’ Health Care

Over 50 San Francisco-based restaurant owners are under fire for prioritizing their own profits over their workers’ health care coverage. A city-wide investigation revealed that, after the restaurant industry collected a total of $14 million in worker health care surcharges in 2011, just a third of that money actually went toward providing low-wage workers with insurance.

Under a city-wide requirement, businesses in San Francisco are supposed to set aside some extra money — about $2 dollars an hour for each worker — to help their employees afford their insurance costs. When the rule first went into effect in 2008, some restaurant owners avoided raising the prices on their menu by tacking a surcharge onto the bottom of their bills and explaining to their customers that the fee would help fund workers’ health care.

But according to San Francisco Supervisor David Campos and Assemblyman Tom Ammiano, who helped conduct the investigation into the restaurant owners’ practices, those customers were being deceived. “I can’t say all of them, but for some of these restaurants it was a marketing ploy,” Campos said. And that marketing ploy came at the direct expense of their workers, some of whom didn’t have health insurance at all:

In some cases, not only did the surcharge money go back into owners’ pockets, but employees were denied health care altogether, Ammiano and Campos said.

The inconsistencies were caught after the health law was amended in 2011, requiring city audits of the surcharges. Last year, 3,652 restaurants turned in their paperwork to the labor office, which found oddities in the accounting. The documentation was then turned over to the city attorney for a full-fledged investigation. [...]

For Campos, it’s a consumer-trust issue. “These diners thought they were paying for workers’ health care. Instead these owners were gaming the system,” he said.

Low-wage workers like the employees in San Francisco’s restaurant industry typically don’t have access to health insurance — in fact, more than half of low-wage workers at small firms were uninsured in 2010. And workers’ health care costs are continuing to rise while their wages are stagnating, so it’s nearly impossible for them to afford their own insurance on the private market if their employers choose to deny them health coverage.

Obamacare will help address some of these issues in a similar way as San Francisco began doing in 2008. Starting in 2014, the health reform law will help ensure that employers can’t deny their workers health care simply to protect their own profits, and require businesses with more than 50 employees to offer basic health benefits. Nonetheless, profitable members of the restaurant industry like Olive Garden, Taco Bell, and Wendy’s are already using Obamacare as a convenient excuse to keep perpetrating their anti-worker labor practices and avoid giving their workers any benefits.

NEWS FLASH

San Francisco Approves Trans Health Benefits | The San Francisco transgender community enjoyed an important victory this week that got a bit lost under election news. The city’s Health Commission voted unanimously to remove transgender exclusions from the Healthy San Francisco health access program. This means that patients will have now access to medically necessary transition-related care, such as hormone therapy, without having to pay out-of-pocket. A study by the Transgender Law Center found that 42 percent of trans Californians have delayed seeking health care because they could not afford it, and 26 percent have had health conditions worsen because they postponed care.

Alyssa

Where Obama And Romney Are Advertising On Primetime Television

Yahoo’s Chris Wilson has built one of my favorite tools of the election cycle, a survey of network television shows that breaks down which presidential campaigns, party committees, and affiliated groups are advertising are advertising on which programs. A couple of my favorite results:

-Democrats and Republicans are about even in the numbers of ads they’re airing on NCIS, the most popular scripted show on television. No one can resist Mark Harmon, apparently. Now if only one of the candidates would use the show’s Israel politics in a stump speech…

-2 Broke Girls may be crazy, crazy racist, but the first black president’s campaign is targeting viewers of CBS’s recession comedy aggressively: the Obama campaign bought more than 90 percent of the 62 ad buys on the show. Maybe the administration is counting on viewers who identify with Caroline and Max to care more about health care affordability and covered contraception than the idea that racial jokes are hilarious.

-The Voice, NBC’s singing competition, skews Democratic, with 462 of 681 ad buys going to the Obama campaign or Democratic groups and committees. The Olympics, by contrast, had the most Republican-heavy ads, with 250 out of 323 ad buys backing Romney—probably because there was an actual hook there to hang one of the central elements of his campaign on.

-Saturday Night Live, somewhat surprisingly given the show’s history of lampooning Republican candidates, breaks close to even, with 250 Republican ad buys and 258 Democratic ones. Maybe the idea is that the Republicans will catch hate-watchers?

There’s a lot more data there, and the numbers will change as we head into the ad-heavy final weeks of the campaign. But it’s fun to sort through these results, if only to get a sense of who the candidates believe are the target audience for particular shows.

Health

San Francisco Judge Rules That Crisis Pregnancy Centers Cannot Mislead Women

Crisis Pregnancy Center advertisement

Although so-called “crisis pregnancy centers” (CPCs) often present themselves as valid alternatives to women’s health clinics, they actually serve as a tool for anti-abortion advocates to talk women out of getting abortions, often using misleading information and conservative propaganda to shame women into making a different choice for their bodies. In San Francisco, however, a judge has confirmed that crisis pregnancy centers will no longer be able to use deceptive advertising to take advantage of vulnerable pregnant women.

After San Francisco city officials proposed an ordinance to crack down on CPCs’ false advertising — for example, signs telling women who are seeking abortions that they can receive counseling, medical care, and emotional support at a crisis pregnancy center — a local CPC sued. The anti-abortion organization First Resort alleged their civil rights were in danger of being violated by the overly vague law, which they claimed might be applied more broadly to restrict more than just their advertisements. Jezebel reports that this week, Judge Saundra Brown Armstrong dismissed the legal challenge to the city’s ordinance, ruling that First Resort should understand exactly what the law is intending to do:

First Resort claimed that statements regulated by the ordinance are not expressly limited to advertising and therefore the ordinance could apply “to virtually any speech made by First Resort, including statements made to its financial supporters for fundraising purposes.”

Armstrong noted that First Resort “ignored” provisions that state the purpose of the ordinance is to prevent false and misleading advertising regarding services and counseling provided or not provided and that any center cited under the ordinance would get a chance to cure the “false, misleading or deceptive advertising.”

The judge ruled that a “person of common intelligence could discern that the conduct proscribed by the ordinance is false and misleading advertising, and not simply any statement made by the limited services pregnancy center.”

San Francisco is not the first city to attempt to prevent CPCs from spreading misinformation, but it is the first to succeed. Laws attempting to regulate CPCs have been struck down in other cities like Baltimore and New York City. And in many parts of the country, crisis pregnancy centers have powerful allies in elected officials. Gov. Rick Perry (R-TX) has said he hopes to defund Planned Parenthood clinics in his state and replace them with crisis pregnancy centers that don’t provide the same health services.

NEWS FLASH

San Francisco Police Stop Classifying All Asians As ‘Chinese’ | Up until this month, nearly all Asians were classified as “Chinese” in the San Francisco Police Department’s outdated data entry system because the department only had four choices for noting the race of a person arrested: either white, black, other, or Chinese. After complaints from community leaders, the Bay Citizen reports that police officers started identifying people who are arrested using 18 ethnic categories from the California Department of Justice according to how people who are arrested identify. One local activist told the Bay Citizen that the incorrect data has likely led to a misallocation of city funds to fight crime by making the number of crimes committed by the Chinese American community appear higher, and it is unclear what will happen to the decades of incorrect data.

LGBT

Chick-fil-A Roundup: Elected Officials Back Off, A Discrimination Suit, And Colbert Dishes

Stephen Colbert's visualization of Chick-fil-A's Dan Cathy

The backlash against Chick-fil-A for its condemnations and campaigns against the LGBT community — including yearly giving to ex-gay organization Exodus International — continued today. (Check out video of the Human Rights Campaign’s protest in Washington DC yesterday.) As elected officials clarified to what extent they could actually limit the restaurant’s expansion in their cities, a new gender discrimination lawsuit suggests there may be more reasons not to welcome the Christian-run franchises.

Officials Back Off Threats To Block Chick-fil-A

Both Boston Mayor Thomas Menino (D) and Chicago Alderman Joe Moreno (D) have clarified that they will not be using their political power to obstruct Chick-fil-A’s expansion into their cities, though they still stand strongly opposed to the anti-gay company. When asked about blocking a new franchise near Boston’s Freedom Trail because of president Dan Cathy’s remarks, Menino told the Boston Herald, “I can’t do that. That would be interference to his rights to go there.” Moreno appeared on CNN this morning to make the same point, clarifying that he’s still on guard that Chick-fil-A’s beliefs may lead to anti-gay discrimination. Watch it:

San Francisco Mayor Ed Lee also offered his disapproval for the company’s anti-equality policies, tweeting, “Closest #ChickFilA to San Francisco is 40 miles away & I strongly recommend that they not try to come any closer.”

Woman Sues Chick-fil-A For Gender Discrimination

Former Chick-fil-A general manager Brenda Honeycutt is suing the company for wrongful termination, alleging she was let go from her job so that she could be a “stay home mother.” According to the suit, her boss, proprietor Jeff Howard, excluded Honeycutt from meetings he held with male general managers, then eventually fired her, telling her and several others it so she could be a stay home mother. He hired another male employee to replace her. Honeycutt was also not the only female employee unfairly treated by Chick-fil-A. Given the controversial Biblical principles already known to dictate the company’s other principles and practices, this suit does not bode well for its reputation.
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