Celiac.com 01/11/2016 - Is celiac disease a disability under the federal Americans with Disabilities Act? The Department of Justice says not necessarily.

On the heels of a federal lawsuit that claiming that restaurants are violating federal disability laws by charging more for gluten-free food than for non-gluten-free counter parts, a Department of Justice spokesperson has stated that a 2012 civil rights settlement on behalf of Lesley University students with celiac disease does not make the condition a disability in all cases.

DOJ public affairs specialist, Patrick Rodenbush, said settlement at Leslie University did not set a legal precedent, because the "…settlement enforces the rights of students whose food allergies were disabilities, [but] it doesn't necessarily make celiac disease a disability in all cases."

This is relevant to a case in California, where federal judge recently denied a motion to dismiss a class action lawsuit alleging P.F. Chang's violates the Americans with Disabilities Act because it charges more for gluten-free items.

In the P.F. Chang's case, Judge Ronald Whyte denied P.F. Chang's motion to dismiss because, he wrote, that, although the court had not found specific information proving that celiac disease constituted a disability under the ADA, the "plaintiff has pled sufficient facts to support her claim that she has a disability that impacts a major life activity."

Whyte noted "on a more complete factual record, the court might reach a different conclusion." He also stated that it may be difficult, or impossible for Phillips to prove her claims.

"The ultimate question is whether P.F. Chang's, in providing gluten-free meals, is providing different products or whether the price differential with regular meals is a pretext for discrimination against those with celiac disease," Whyte wrote.

At stake is whether or not food vendors, such as P.F. Chang's can charge higher prices for gluten-free foods than they do for non-gluten-free items.

The results of this case are being watched closely by celiacs and by restaurant companies, because a ruling that establishes that people with celiac disease are covered under the federal Americans with Disabilities Act could conceivably have a serious impact on how the restaurant industry approaches gluten-free food.

Stay tuned for new developments.

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Celiac.com 01/06/2016 - Quaker Oats is launching new, gluten-free versions of several products, including 18 oz. Quaker Quick 1-Minute Oats and Quaker Instant Oatmeal in both 10-count Original and 8-count Maple & Brown Sugar flavors. All Open Original Shared Link meet the 20 PPM standard set by the FDA.

The announcement is good news for fans of gluten-free foods, and great news for people with celiac disease who find oats to be a healthy part of a gluten-free diet.

One thing to remember is that most people tolerate oats just fine, but if you’re not used to eating high fiber foods, you may want to start slow and see how your body adjusts to oats in your diet.

Also, about 8-10% of people with celiac disease also seem to have a sensitivity to oats. If you are one of these people, oat products, even gluten-free, might not be right for you, so monitor the situation and do what’s right for you.

For everyone else, gluten-free oats offer a great way to get healthy fiber into the diet, and Quaker’s ready availability makes that decision even easier.

Are you excited about gluten-free Quaker Oats products? 

Celiac.com 01/04/2016 - Does P.F. Chang's Asian Bistro discriminate against people with celiac disease by charging more for gluten-free dishes than for their non-gluten-free counterparts? A complaint filed in federal court says it does, and a ruling by a federal judge means that the lawsuit against P.F. Chang's over its gluten-free menu won't be dismissed just yet.

That means a class action lawsuit against P.F. Chang's for allegedly charging more for gluten-free menu items can continue. Judge Ronald Whyte's Nov. 23 order denied the company's motion to dismiss plaintiff Anna Marie Phillips' first amended complaint.

"Neither party has cited, and the court has not found, any case specifically discussing whether celiac disease constitutes a disability under the ADA (Americans with Disabilities Act) or Unruh Act," Whyte wrote in his 13-page ruling. "However, accepting the additional detail in the FAC (first amended complaint) about the consequences of ingesting or being exposed to gluten, which plaintiff must guard against, plaintiff has pled sufficient facts to support her claim that she has a disability that impacts a major life activity.

"The court notes that on a more complete factual record, the court might reach a different conclusion."

Phillips sued P.F. Chang's in a California state court last December. Chang's then successfully moved the case to U.S. District Court for the Northern District of California. Basically, the outcome of the move to dismiss hinges on whether or not celiac disease constitutes a disability under the state's Unruh Act.

In his order last month, Whyte concluded that Phillips, in her new complaint, pled sufficient facts to claim that the immune reaction to eating gluten meets the definition of a "medical condition" under the state's Unruh Act for people with celiac disease.

The law specifically outlaws discrimination based on sex, race, color, religion, ancestry, national origin, age, disability, medical condition, marital status or sexual orientation. In her amended complaint, Phillips also claims that celiac disease is an "inheritable and hence genetic characteristic."

P.F. Chang's argues that the plaintiff must allege that she actually inherited characteristics known to cause disease under the second prong of the "medical condition" definition.

At stake in the lawsuit is whether or not P.F. Chang's, and, by extension, other restaurants can charge more money for gluten-free food than they do for similar, non-gluten-free menu items.

The restaurant chain first moved to dismiss Phillips' class action in February, claiming her celiac disease does not make her a disabled person under the ADA. It urged Whyte to dismiss the lawsuit before the entire restaurant industry was impacted.

Whyte heard oral arguments in May. According to the case's docket, the motion to dismiss was "tentatively granted" at the hearing, with a final ruling to be issued by the court later.

In August, the judge granted P.F. Chang's motion to dismiss Phillips' original complaint. Whyte ruled that the plaintiff failed to allege facts showing that the restaurant chain discriminated against her and other guests with celiac disease or a gluten allergy/intolerance, by charging $1 more for some gluten-free menu items compared to non-gluten-free versions of menu items with a similar name but prepared and handled much differently.

However, Whyte granted Phillips a leave to amend. In doing so, the judge expressed his "reservations" about whether the plaintiff could ever state a viable claim under her discrimination theory. Phillips filed her first amended complaint soon after.

In September, P.F. Chang's filed a motion to dismiss the new complaint, arguing that it asserts the same disability-discrimination claims and offers "few additional facts" and "none that warrant a different result."

But a detailed list of Phillips' symptoms and reactions when ingesting gluten forced the judge to change his mind.

As to whether or not the lawsuit will gain traction, stay tuned.

Funded by the university, the British government and Genius Foods, and conducted by Aberdeen University's Rowett Institute of Nutrition and Health, the 'Going Gluten Free' study is the largest of its kind conducted to date in the UK.

For the study, researchers asked 64 adult women and 31 adult men, to adopt a gluten-free diet for three weeks and then to return to their 'normal' diet for the same period.

The average study participant was 38 years old, with a BMI of 24.8. In general, those who followed a gluten-free diet a more fiber and less salt, which lowered both cholesterol and glucose levels in the blood.

Study subjects also reported a reduction in stomach cramps and higher energy levels during the gluten-free spell. Moreover, vitamin B12 and folate remained stable during the gluten-fee period, suggesting participants were not taking in fewer vitamins.

So, basically, even for people without celiac disease or gluten-intolerance, eating gluten-free can be part of a healthy diet.

It's not just celebrities like Gwyneth Paltrow and Novak Djokovic who have adopted a gluten-free diet, but millions of regular folks with no history or indication of celiac disease. This study suggests those folks may all be reaping some health benefits as a result.

Source:

• Open Original Shared Link

General Mills is being sued for false advertising by a major consumer watchdog over its Cheerios Protein cereal, introduced in March, 2014, as a "healthy alternative" to both classic Cheerios and other breakfast cereals. According to an official complaint filed with the Northern California District Court by the Center for Science in the Public Interest (CSPI), "General Mills falsely and misleadingly markets Cheerios Protein to children and adults as a high protein, healthful alternative to Cheerios."

According to General Mills’ official marketing language, Cheerios Protein "offers the benefits that go along with starting the day with 11g of protein and the great taste of Cheerios that kids and parents already know and love."

According to the CSPI, while Cheerios Protein does contain a tiny bit more protein than classic Cheerios, General Mills has nearly doubled the recommended serving size for Cheerios Protein, making its protein content seem much greater than it actually is. So, while the "recommended serving size" of original Cheerios is 28g, the recommended serving of Cheerios Protein is 55g.

When you crunch the numbers, Cheerios Protein only has just 7/10 of a gram more protein than regular Cheerios, hardly a major source of protein, or a major improvement over regular Cheerios.

In their complaint, CSPI is accusing General Mills of engaging in what amounts to marketing sleight-of-hand, to trick consumers into paying an average of 70 cents more per box than other brands of Cheerios, for a product that contains an insignificant amount of extra protein, but 17 times more sugar than classic Cheerios.

Yes, even though they have about the same amount of protein by weight, a serving of original Cheerios contains just 1g of sugar, while a serving of Cheerios Protein will give you a whopping 17g of sugar; about the same as half a can of Coke. Basically, eating two bowls of original Cheerios will give you about the same amount of protein as Cheerios Protein, but with far less sugar, and at a lower cost. 

That's where the lawsuit comes in. Basically, CSPI is hoping to use the courts to pressure General Mills to remove or revise their marketing cliams, which CSPI says, are little more than smoke and mirrors.

Stay tuned for the latest developments on this and related stories.

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Celiac.com 12/09/2015 - Less than a month after General Mills announced a recall of nearly two million boxes of gluten-free Cheerios and Honey Nut Cheerios, the company is facing a class action lawsuit alleging it violated several consumer protection laws, and put consumers at risk.

The complaint, filed in the eastern district of California on October 30 by plaintiffs Keri van Lengen and Deborah Nava against General Mills and Roxanne Ornelas (manufacturing manager at Gen Mill's Lodi plant), accuses General Mills of selling misbranded products; in this case, cereals advertised as gluten-free which actually contained gluten.

It adds: "Plaintiffs and Class Members have all suffered and will continue to suffer harm and damages as a result of Defendants' unlawful and wrongful conduct."

For the company's part, it states in a blog post published on October 5, by Jim Murphy, senior vice president and president of the Cereal division at General Mills, that:

Murphy went on to reassure consumers that the company's oat supply was safe, and that their gluten-free flours are pure.

The post goes on to assure consumers that the company "tested our oat supply on these dates – and the oat supply tested as gluten free. We also tested the specific oat flour being used at Lodi – and our oat flour supply also tested as gluten free on the dates in question."

The post closes by noting that General Mills is testing all finished product…[and has] instituted additional flour handling protocols at all facilities to ensure this will not happen again.

Stay tuned for new developments or related news on gluten-free products from Cheerios or General Mills.

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Celiac.com 12/07/2015 - Could population changes in smoking habits help explain the change in incidence and prevalence of celiac disease?

Could lower rates of cigarette smoking be contributing to higher rates of celiac disease?

It is pretty well documented that cigarette smokers have lower natural rates of celiac disease than the non-smoking population, which implies that tobacco might offer some measure of prevention with regard to celiac disease.

Now, a gastroenterologist is asking whether a reduction in public smoking levels might be associated with a rise in rates of celiac disease.

In a letter to the editors of the American Journal of Gastroenterology regarding the study "Incidence and prevalence of celiac disease and dermatitis herpetiformis in the UK over two decades: population-based study" by West et al., Dr. S. Veldhuyzen van Zanten, MD, PhD, of the Division of Gastroenterology, University of Alberta in Edmonton, Alberta, Canada, wonders whether lower rates of cigarette smoking in the preceding decades "might help explain the study findings."

Data from several studies regarding reduced celiac rates in cigarette smokers offer support for Dr. van Zanten’s line of thinking; including data that show a new diagnosis of celiac disease is made significantly less frequently in smokers than in non-smokers.

Interestingly, there also is some evidence that cigarette smoking might actually mask the clinical manifestations of celiac disease rather than prevent its occurrence. Either way, Dr. van Zanten's hypothesis would cast some interesting light on celiac disease if proven correct.

The good news is that Dr. van Zanten’s hypothesis is easy to test. Because Canada has such a large health care database, they can easily compare rates of smoking and celiac diagnosis, and adjust for necessary factors to give a better picture of any possible connection.

Sources:

• Open Original Shared Link
• West J , Fleming KM , Tata LJ et al. Incidence and prevalence of celiac disease and dermatitis herpetiformis in the UK over two decades: population-based study . Am J Gastroenterol 2014 ; 109 : 757 – 68 
• Snook JA , Dwyer L , Lee-Elliott C et al. Adult coeliac disease and cigarette smoking . Gut 1996 ; 39 : 60 – 2 .
• Lear JT , English JSC . Adult coeliac disease, dermetitis herpetiformis and cigarette smoking. Gut 1997 ; 40 : 289 .
• van Zanten SJOV . Case Report: Recurrent diarrhea and weight loss associated with cessation of smoking in a patient with undiagnosed celiac disease . Gut 2001 ; 49 : 588.
• Office for National Statistics UK. Smoking prevalence among adults has declined by half since 1974. Part of General Lifestyle Survey, 2011. Released: 28 March 2013. Open Original Shared Link 

In what may be good news for gluten-free bread lovers, Panera Bread, the national-fast casual restaurant that centers around freshly baked goods, is now testing out a new products to bring in gluten-free customers.

The company plans to test a gluten-free Rosemary Focaccia Roll in 15 stores in the Detroit area, and plans to take the product nation-wide in the second half of 2016. To be successful, the chain will have to succeed where many others have failed; they will have to produce a high-quality product that is tasty, commercially viable, and safe for people with celiac disease.

Panera's effort is headed in part by the company's head baker Tom Gumpel, who says that there is currently "…little to no good-tasting gluten-free bread in this country, and I've eaten about every slice there is."

To solve the quality/taste challenge, Panera has created a focaccia roll rather than a loaf of bread. The roll is made from white sorghum from Africa, and contains sprouted broccoli, chia, and flax seeds for better nutrition and improved bread texture.

As far as folks with celiac disease are concerned, they will need to exercise some caution, because while Panera's bread is made in gluten-free facility and with gluten-free ingredients, it will be stored and served alongside the store's regular offerings, which may be an issue for more sensitive people.

A review by Yahoo Food says that the bread is made with olive oil, and then basted with it, giving the bread a slightly greasy quality. The flavor becomes more nutty and rich with toasting, and may work best on breakfast or hot sandwiches.

As for price, in the test region, the bread will cost $1.50 more as an option on a sandwich, 75 cents more as a side choice, and a $1 each if purchased retail.

What do you think? Excited to try Panera's new gluten-free focaccia? Share your comments below.

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Celiac.com 12/02/2015 - A strict gluten-free diet remains the only effective treatment for celiac disease, but studies of gluten-free diet adherence have rarely used precise means of measuring data, which means that there really hasn't been much good data on long-term adherence to the gluten-free diet in the adult population.

So, what are the factors that keep people on a gluten-free diet? This question has been on the minds of numerous celiac disease researchers.

To determine the long-term adherence to the gluten-free diet and potential associated factors, a research team recently conducted a survey of adult celiac patients in a large celiac disease referral center population. The research team included J. Villafuerte-Galvez; R. R. Vanga; M. Dennis; J. Hansen; D. A. Leffler; C. P. Kelly; and R. Mukherjee. They are variously affiliated with the Celiac Center, Division of Gastroenterology, Department of Medicine, Beth Israel Deaconess Medical Center and Harvard Medical School, Boston, MA, USA.

Their team performed a mail survey of adults with clinically, serologically and histologically confirmed celiac disease diagnosed five or more years prior to the survey. To measure dietary adherence, the team used the previously validated Celiac Disease Adherence Test. The team then analyzed demographic, socio-economic and potentially associated factors as they relate to dietary adherence.

Of 709 people surveyed, about half responded. Their responses showed an average of about 10 years on a gluten-free diet, plus or minus 6.4 years.

Adequate adherence was measured by a celiac disease adherence test score under 13. Just over 75% of respondents reported adequate dietary adherence. A higher level of education was associated with adequate adherence (P = 0.002) even after controlling for household income (P = 0.0220). Perceptions of cost, effectiveness of the gluten-free diet, knowledge of the gluten-free diet and self-effectiveness at following the gluten-free diet correlated with adherence scores (P < 0.001).

More than 75% of respondents reported long-term adherence to a gluten-free diet

Perceived cost remains one of the main barriers to long-term adherence to a gluten-free diet. Perceptions of effectiveness of gluten-free diet as well as its knowledge, are potential areas where better information may increase dietary compliance.

Source:

• Open Original Shared Link

Plaintiff Anna Marie Phillips initially sued P.F. Chang's in California state court in December, but P.F. Chang's got the case moved to U.S. District Court for the Northern District of California.

Lawyers for P.F. Chang's first moved to dismiss Phillips' class action in February, claiming her celiac disease does not make her a disabled person under the Americans with Disabilities Act. Federal Judge Ronald Whyte heard oral arguments in May, and "tentatively granted" the motion to dismiss, with a final ruling to be issued later.

In August, the federal judge granted P.F. Chang's motion to dismiss Phillips' original complaint. The court ruled that the plaintiff failed to allege facts showing that the restaurant chain discriminated against her and other guests with celiac disease or a gluten allergy/intolerance, by charging $1 more for some gluten-free menu items compared to non-gluten-free versions of menu items with a similar name but prepared and handled much differently.

However, Whyte did grant Phillips a leave to amend, while expressing his "reservations" that she could ever mount a viable claim using her discrimination theory.

P.F. Chang's, in its Sept. 24 motion to dismiss the amended complaint, contends the new complaint asserts the same disability-discrimination claims and offers "few additional facts" and "none that warrant a different result."

The plaintiff asserts, P.F. Chang's notes, that the gluten-free menu items are "essentially the same" and are "not truly different dishes" because they have the same basic ingredients.

What do you think? Are restaurants wrong to charge more for gluten-free food? Share your thoughts and opinions below.

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UK celiac patients are currently allowed up to 18 lots of gluten-free bread, pasta and flour a month on the NHS. One unit is equal to a 400g loaf of bread, 250g of pasta or 250g flour or bread mix. Under the proposal the NHS budget of 209,000 pounds a year for gluten-free food prescriptions for gluten free food will face substantial cuts.

But Alison Smith, of the Clinical Commissioning Groups (CCGs), says the current system is out of date and unfair. NHS organizations set up by the Health and Social Care Act 2012 to organize the delivery of NHS services. According to Smith, the wide variety of gluten-free foods available in supermarkets and even corner shops these days invites the creation of a new way of alloying gluten-free benefits that will be "fairer for everyone, not just people with celiac disease, so that we can actually share out NHS resources as fairly as possible."

The range of foods currently allowed includes bread, rolls and baguettes, bread mixes, flour, pasta, crackers, pizza bases and breakfast cereals.

The CCGs are proposing to change the allowance to eight units per month of bread, pasta and/or flour/bread mixes for everyone eligible for prescription gluten-free food. The change is needed, says Smith, because gluten-free food is vital for people with celiac disease and gluten-sensitivity.

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• Open Original Shared Link

According to the company, 6SensorLabs, the device, called Nima, is a portable, handheld gluten detector that could make dining out safer for people who need to avoid gluten for medical reasons.

Nima works by loading a half-teaspoon sample of food into a test tube and pop that into a triangle-shaped sensor. To avoid cross-contamination, Nima requires a new disposable capsule for each test.

The sensor assesses the contents of the capsule, and detects gluten down to 20 parts per million. The device then provides a "yes" or "no" within two minutes. "No" signals that no gluten was detected and that the food is safe to eat, while a "yes" indicates that the food contains gluten.

The retail price of a Nima starter kit, which includes the sensor, three disposable test capsules, a charging cable and a carrying pouch, will be $249.

Read more at Open Original Shared Link.