Wednesday, January 26, 2011
Where's the beef? Not at Taco Bell.
A law firm is claiming that the fast food chain is using false advertising when it says its Mexican delicacies are filled with "ground beef" or "seasoned ground beef."
Beasley, Allen, Crow, Methvin, Portis & Miles filed a class action suit on Friday, on behalf of a California woman, Amanda Obney, former Taco Bell manager, in the U.S. District Court of California, Central District.
In fact, the lawsuit claims, the "taco meat filling" used by Taco Bell contains is only about 35% beef, with binders, extenders, preservatives, additives and other agents making up the other 65%. Obeny doesn't want to get paid, she just wants the court to order Taco Bell to be honest with customers about what is in its tacos, chalupas and other dishes.
"There is a 40 percent requirement that the product be beef or flesh from the cow in order for it to be called taco meat filling. However, under our analysis of the product, the Taco Bell product, at least the beef products, we're not even reaching the 40 percent. It's about 35 percent.," the law firm said.
According to the United States Department of Agriculture's website, "ground beef" or "chopped beef" consists of chopped fresh or frozen beef with or without seasoning, should not contain more than 30% fat and should not contain water, phosphates, binders or extenders. The labeling of meat food products must comply with the Federal Meat Inspection Act (FMIA) and the meat inspection regulations and labeling policies.
For example, Beefy Crunch Burrito contains water, sodium phosphates, soy lecithin, modified corn starch, and anti-caking and anti-dusting agents, among others ingredients. All of that sounds gross and nasty.
Taco Bell president and chief concept officer Greg Creed said in a statement that the company uses 100% USDA-inspected beef and simmers it in a blend of seasonings to give it the "signature Taco Bell taste and texture."
"We are proud of the quality of our beef and identify all the seasoning and spice ingredients on our website," the statement said. "Unfortunately, the lawyers in this case elected to sue first and ask questions later -- and got their 'facts' absolutely wrong. We plan to take legal action for the false statements being made about our food."
I can't believe that someone would pay attorney's fees and costs to sue just to make a point, I'm not sure what the damages are in this case but I would bet that she is requesting SOME kind of money.
Wednesday, October 13, 2010
Link Between Autism and Vaccines Makes It To The Supreme Court
This case could open drug makers to a flood of lawsuits over the side effects of vaccines, including those from families of autistic children claiming that mercury-based thimerosal is linked to autism. Numerous studies have addressed vaccines and autism and found no link as in Cedillo v. Secretary of Health and Human Services. I will continue to follow this issue and keep you all up to date.
My Opinion: I think it sucks if your child all of a sudden gets autistic out of the blue and there is no one to suffer for it. It seems as mothers especially, when something happens to our children we want somebody to pay. It's just that mother bear instinct I guess.
Tuesday, October 5, 2010
For What? The Supreme Court Agrees to Hear Anna Nicole's Case
The justices agreed to reconsider an appeals court ruling against Smith's estate.
The will of Smith's husband left nearly all his money to his son, E. Pierce Marshall, and nothing to Smith. The younger Marshall died in 2006 and Smith died of a drug overdose in 2008.
Where are the live people? Who is filling out all the paperwork? The Managers of Smith's estate are challenging the will. They are still claiming that her husband promised to leave her more than $300 million above the $7 million in cash and gifts showered on her during their 14-month marriage.
My Opinion: Seems like a waste of time to me. We have more important issues to decide.
Tuesday, August 10, 2010
Woman Catches Husband Cheating On Facebook
A Cleveland woman is dealing with it first-hand in what's becoming an alarming trend.
"I'm in a living nightmare, and I just feel like this isn't real, and I have to remind myself that it is real. It is happening." For this anonymous woman, a click around Facebook is a reminder of a nightmare she never saw coming. "It's disturbing to see my husband and my children essentially in a double life with another woman."
Mrs. Anonymous's husband, who was married in Italy just five years ago, secretly met another woman in Florida. After receiving a tip from her relatives she found the "other woman's" Facebook page and began to watch as her husband's faux business in Florida unraveled before her eyes.
She quickly found that they were getting married at Disney World. That she was registered at target. They had been together since '07. She was living at his home in Florida. Within weeks, Megan saw heart-breaking images of a lavish, storybook wedding for Wife No. 2. She was dressed as Sleeping Beauty, and Megan's husband was kissing his new bride as Prince Charming. Megan watches as the other wife posts photo of activities with Megan's children.
"Someone who went to the wedding posted all the pictures from the wedding. About 200 pictures from the wedding," Megan said.
The photos tore at Megan's heart, but those same photos will be used as she seeks a divorce. It is evidence such as this that family law expert Andrew Zashinsaid often is used in court. Gee, thanks Facebook!
Thursday, August 5, 2010
Proposition 8 Found Unconstitutional, Now What?
Unfortunately, our legal system is a bit more complicated than that. California's ban on gay marriage, will be nothing if not a long and winding road. Today, there is a signpost in that road.
U.S. District Court Chief Judge Vaughn Walker handed down his decision in the first federal court challenge to the constitutionality of the law. Despite the court's holding that the law does violate the constitution, not much will change today for same sex couples in the Golden State who wish to marry. Before the decision was announced, Prop 8 supporters had the petition ready to challenge the ruling.
Judge Walker's ruling was clearly based on basic logic. "California is able to issue marriage licenses to same-sex couples," Judge Walker wrote, "as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result." Translation: It was already done and the world didn't crash into oblivion so why not?
But do not look for rice and white roses for same sex couples anytime in the very near future. A motion to stay (temporarily halt) the decision was already filed and an appeal with the 9th Circuit Court of Appeals is in the works.
So, if since it's found unconstitutional, can't we get married while this is ongoing? No.
Judge Walker has refused to allow same sex marriages to take place during the on-going legal process, citing the uncertainly that will result until the law is settled. Despite the decision from the court today, Californians will still have to wait to see what the long term effects of allowing gay marriage would truly have on the lives of not only those who then marry, but on all citizens.
Wednesday, August 4, 2010
F.U.I Drunk Flying: Delta Airline Pilot Boots Passenger
Angel, 51, said the trouble occurred after she and three other passengers had a brief conversation with one of the pilots of Delta Airlines Flight 2355. She learned later that the pilot was actually the captain of the flight.
"The flight had been delayed almost an hour," said Angel. "We were in the jetway waiting to get on the flight when the pilot walked by us and I jokingly said, 'Boy you had been here a long time.'" After he walked away, said Angel, another passenger asked if they had smelled alcohol on the pilot's breath. Angel said she volunteered to talk with the head flight attendant once aboard the plane.
"I told her that I didn't know what protocol is, but I believe I smelled alcohol on one of the pilots' breath," said Angel. Angel said the flight attendant immediately talked to another pilot who was in the cockpit getting ready for departure. The pilot informed her that it was the captain of the flight who spoke with her. He assured her that the captain had not been drinking. "He said he had been with the captain for several hours before the flight," said Angel. "I was satisfied with the pilot's explanation, thanked him and returned to my seat."
But Angel said that 20 minutes later, a Delta Airlines manager came aboard the flight and asked her to follow him off the plane. "The manager wanted to hear what I had told the flight attendant," said Angel. "He then told me the captain took a test that proved he did not have anything to drink." Angel said the manager then thanked her and she returned to her seat on the plane. At this point, she thought it was over.
"About 20 minutes later, the Delta manager returned with a female colleague and they asked me to gather my belongings and follow them off the flight," said Angel. "I was so embarrassed."Angel said she followed them back into the airport. She was lead into a nearby office where she was told again that the pilot had tested negatively for alcohol.
"They told me they take these accusations very seriously and that the captain and his crew did not want me on his flight," said Angel. Angel said Delta gave her meal and hotel vouchers, and said she could come back in the morning to take another flight back to Los Angeles.
"All I did was voice my concerns," said Angel. "I wasn't a threat to anyone and for them to remove me was wrong." "I understand airlines have to have protocol," said Mark Silverman, Angel's Beverly Hills-based attorney who Angel contacted to look into the incident.
Silverman said his office has called and written Delta Airlines for a response and to ask the airline to open an investigation into the incident.
"She was just trying to be a good citizen. You'd think Delta would thank her for her concern," he said.
NBCLA also contacted Delta Airlines for comment. Susan Elliott from Delta's corporate communications office sent this response via e-mail: "Once we have reviewed Mrs. Angel's letter and investigated her claims, we will follow-up with her on our findings."
"Making drinking accusations against pilots is a serious matter," said Ross Aimer, CEO of Aviation Experts, LLC.
"If you think someone is drunk, you owe it to yourself, your loved ones and other passengers to report it," said Aimer, who is also a retired United Airlines captain. "However, in this case, because the captain had not been drinking, Delta made the right decision by asking her to leave the plane."
Aimer explains that in situations like this, flights usually end up delayed or canceled because the captain will take himself off the flight.
"It's an either you or me situation," said Aimer. "She had to go because the captain has his crew and hundreds of other passengers to think about."
Aimer adds that if he found himself in a similar situation, he'd do the same thing.
"The issue of pilots and drinking has become a very big deal, and accusations like that could end your career," Aimer said.
Wednesday, July 14, 2010
WHAT?! Fruit Roll-ups Aren't Good For You?!
...But they are made of fruit aren't they?General Mills Inc. was sued on Tuesday by a Payton McClure, who is described as a "life-long consumer" of General Mills products, [who isn't] for allegedly misleading consumers about the nutritional and health qualities of its Fruit Roll-Ups.
According to the complaint filed in Manhattan federal court, General Mills does not properly disclose that its fruit products, including Fruit Roll-Ups, Fruit by the Foot and Fruit Gushers, contain partially hydrogenated oil.
The complaint said use of the oil rendered "false and misleading" marketing over the last six years that General Mills fruit snacks were "nutritious" and "healthy to consume," and thus deserved premium prices. She seeks class-action status on behalf of purchasers of the fruit snacks, compensatory and punitive damages close to $5 Million, and other remedies.
"To our knowledge, this suit has not been served," said General Mills spokeswoman Kirstie Foster.
The case is McClure v. General Mills Inc, U.S. District Court, Southern District of New York, No. 10-05015.

