Maine Personal Injury Lawyer - FDA & Prescription Drugs

Mainers seek to end the use of food stamps for soda

Alison McKellar — Sat, 15 Nov 2008 08:09:00 GMT

Jonathon Shenkin, the Bangor pediatric dentist and public health advocate who was behind the recent ban on smoking in the car with children is now working on a new initiative to prohibit the use of stamps to buy soda.

It has long been recognized that soda is a major source of tooth decay and obesity among Mainers and Americans and general, and some studies suggest that families who receive government aid through food stamps consume more soda than families who do not.

Shenkin told the Bangor Daily News that he treats many low-income children as young as 3 or 4 that need to have all their baby teeth extracted due to advanced decay. "People have the choice of buying soda with their own money, but taxpayer dollars should only be used for nutritional foods," says Shenkin, whose proposal also includes diet soda.

Opponents of the proposal include the Maine Equal Justice Partners and the Maine Beverage Association. Chris Hastedt, director of MEJP says that low income families should not be singled out for their consumption of soda.

"Poor kids are already so disadvantaged," she tells the Bangor Daily News, "and now we're going to tell them they can't serve soda at a party?"

The Maine beverage industry also opposes the proposal and calls the timing of the bill "suspicious" noting that it comes immediately after the repeal of the beverage tax that would have helped fund the Dirigo Health Program. In March of this year, over 170,000 households took part in the food stamp program, ammounting to over $16 million in purchasing power during March alone.

Current regulations prohibit the use of food stamps for cleaning supplies, paper products, alcohol or tobacco, but allow the purchase of virtually any foods, including soda, candy, chips and other items that many consider junk food.

If the Federal Waiver is approved, Maine would be the first state to ban the purchase of soda with food stamps.

Originally posted at InjuryBoard by Alison McKellar

Can lawyers help stop childhood obesity?

Alison McKellar — Fri, 10 Oct 2008 09:00:00 GMT

In a statement released last week Gov. John Baldacci alerted Mainers to the alarming rate of obesity among Maine kids. According to the governor, 30 percent of Maine youths are either obese or overweight, presenting a major health problem that the state must address. The number of obese or overweight young Mainers has doubled over the past 15 years, ranking Maine as the highest obese/overweight rate of the New England states. But Mainers are not the only ones facing this public health risk. The United States as a whole and many other industrialized nations are grappling with tough questions about public health and the legal issues that accompany the regulation of individual choices about what to eat.

One of the main problems is that, while adults are generally able to weigh the costs and benefits and make their own decisions about what to eat, kids end up at the mercy of whatever they are served by their parents or school lunch program, and it's during this time when lifelong habits are developed.

In a recent paper titled Legal Themes Concerning Obesity Regulation in the United States, the authors highlight the various ways that the FDA, the USDA, school lunch programs, non-profits, parents, kids, lawyers, lawmakers, and corporations are responding to the obesity crisis.

They write:

"Litigation in the pursuit of some sort of compensation for obese consumers is increasingly seen as a viable option in the U.S. Cases have been brought against the food industry claiming that it engaged in deceptive practices, inadequately disclosed health risks, or mislead consumers through its advertisements.... A widely-reported case of persons seeking compensation for obesity-related injuries is Pelman v. McDonald's Corp. In 2002, the parents of two obese minors filed a complaint against McDonald's Corporation in New York State alleging deceptive practices, negligence, and failure to warn consumers of the harms of ingesting food at McDonald's restaurants."

Whether we see healthy eating as a social issue, a personal choice, or a matter of corporate responsibility, most of us can agree that kids, at the very least, deserve the option of eating healthy food and should be educated about how their choices affect their health.

Originally posted at InjuryBoard by Alison McKellar

New Warnings for Kids and Cold Medicines

Alison McKellar — Wed, 08 Oct 2008 09:44:52 GMT

The Consumer Healthcare Products Association (CHPA) announced today that oral cough and cold medicines sold over the counter should not be used in children younger than 4 years old due to the rare risks of complications linked to inappropriate use. The association, which represents Procter & Gamble Co, Novartis AG, and several other big drug makers, emphasized in their statement that most of the problems reported with the medicines were the result of dosing mistakes and accidental ingestions, not because the active ingredients themselves are dangerous when used properly. The decision was made after extensive consultations with the FDA, but many doctors and consumer advocates have called for stronger warnings, rejecting the use of cold medicines on children as old as 12. They maintain that the drugs have never been proven safe and effective making the risk too great to give them to children. Some reported complications have included seizures, stroke, and other problems.
This week, companies are hard at work pushing out new labels for their products advising parents not to give them to children under four. Still it’s important to remember that older packages on medicines produced before the advisory was issued will not carry the advisory and parents should be careful to check with their doctors if they have any questions.

Originally posted at InjuryBoard by Alison McKellar

Mainers hit hard by bad flu season and worst flu shot in ten years

Alison McKellar — Mon, 28 Apr 2008 20:31:28 GMT

An estimated 200,000 Americans are hospitalized each year for flu-like symptoms and complications from influenza kill approximately 36,000 during the average “flu season”. Although the common virus is taken lightly by many, public health officials consider it the largest cause of death from a preventable infectious disease, reports the Ellsworth American. One of the biggest problems with the flu is that it is highly contagious, and many people choose to go to work when they’re sick due to pressure from employers or a fear of lost income.

The Centers for Disease Control and Prevention recommends, along with hand washing and prescribed antiviral drugs, that Americans take the time to get a flu shot, and, in 2008, a record number of Americans took the advice and got the vaccine. However, because there are many strands of the influenza virus, the effectiveness of the flu shot each year depends on how well doctors, scientists, and drug companies are able to predict which strands will be circulating the coming year.

This year, the elevated number of reported cases of influenza can be attributed, in part, to a flu vaccine that was less than 50% effective, a big drop from the 70-90% we expect in a good year.

In Maine, increased flu outbreaks have been reported in hospitals, schools, and retirement homes across the state, and, although there are influenza-related deaths every year, it is most commonly the chronically ill and very elderly who are affected. This year, however, Maine public health officials believe the flu is responsible for the deaths of at least one child and two young adults.

The bottom line: Don’t take risks with your health or the health of others by going to school or work with flu-like symptoms.Take a look at this list of good health habits for preventing seasonal flu.

Originally posted at InjuryBoard by Alison McKellar