#Food Adulteration paragraph
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#padma bridge paragraph#Food Adulteration paragraph#Adolescence paragraph#Covid 19 paragraph#Diaspora paragraph#paragraph 2023#ssc#hsc
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Food Adulteration Paragraph for HSC & SSC
Food Adulteration Paragraph is one of the most important for ssc, hsc, and other class students. Are you searching for this paragraph? This is very much important for HSC students too. We have written this paragraph in 3 types. Therefore, one is for HSC, One is for SSC and other is for Class 6 7 8 9. Food is badly needed for a human being. But adulterated food slowly leads people to death. So…
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Ok so I forget why but I’ve spent most of today reading about medieval Catalan law. Pretty fucked up shit! Also pretty complicated. Feels weird to read law from a time when class hierarchy was a legal construct and unmistakable fact of life. Also a lot of misogyny. Some highlights.
“If anyone violently rapes a virgin, either let him marry her if she and her parents are willing and let them give her dowry to him or let him give her a husband equal to his rank. If one violently ravishes a women who is not a virgin and makes her pregnant, let him do the same.“
Ok so this is very obviously rooted in biblical law, but then adapted for somewhat different customs. I suppose the modern equivalent to this practice is the tv show “Maury”. The use of dowry here is interesting, because it conflicts somewhat with the way dowries are treated later.
“Likewise concerning the possessions and property of adulteresses if the adultery is committed against the husband’s will, let them and their lords have equal portions of all the adulterous wives’ property. But if, God forbid!, this adultery is committed with the will, order, or assent of the husbands, let their lords have full right and jurisdiction in such cases.”
Literal Actual Cuck Tax. If you get cucked, half of your wife’s property goes to you, and the other half goes to your lord. If you are a cuck yourself, though, all of it goes to your lord. What property is this, though? From everything I’ve read, and a reference in a later paragraph, I think it must be the dowry, which was kept separate from the proper possessions of the husband, though it was administered by him.
“However, if the women do not carry this out by their free will but from the fear or order of their husbands, let them be exempt from the actions of their husbands and their [husbands’] lords and not subject to the loss of any of their own property. And if these same women desire it, they may separate from their husbands and yet nevertheless let them not lose their dowry or wedding gift.“
Closing a possible loophole even further, further disincentivizing men from getting deliberately cucked, and as far as I can tell the first provision establishing a woman as having any rights (beyond the implicit ability to hold property). The exceptional provision here allowing them to separate while keeping their dowry is what indicates that the dowry is legally distinct from the rest of the household property.
This mostly concludes the “holy shit can you fucking imagine being a woman in the middle ages, or living in the middle ages at all” section of this post. To lighten the mood a bit, a couple fun observations.
There is a provision establishing a food and weapons embargo (a sanctions regime) on trade with the Saracens. Topical, or something. There is also an indication that defection to the Saracens is a frequent enough occurrence to be specifically legislated around.
“The aforesaid princes ruled and acknowledged it to be good faith that no men, after they have greeted or kissed each other, shall commit any crime against the other person on that day. But if, God forbid!, they did this, they should make restitution and compensation without any interdict to the person against whom they have committed this crime.“
A relatively pleasant notion, everyone should constantly be kissing their homies (covid permitting ofc) until you realize that this paragraph establishes that, if someone commits a crime against someone they greeted or kissed that day, they are legally required to pay compensation. But if someone commits a crime against another person they are already legally required to pay compensation, this doesn’t actually change anything at all, unless I’m missing something. Perhaps it’s some change in jurisdiction?
#big props to the peasants of Catalonia for forcing the nobility to step back from their most ridiculous provisions#through canny alliances with the monarchy and violence#resistance against oppression in all places and all times
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10 reasons that prevent livelihood and bring you closer to poverty
an introduction Many people are trying to find a broad livelihood, i.e. quick livelihood
Therefore, we'll talk today about the explanations for livelihood, what are the keys to livelihood, and what are the explanations that prevent livelihood.
10 reasons prevent livelihood Some people always feel their livelihood and bad luck
Where Godhead created man and ready for him the explanations for survival and provided man with sustenance in several types and conditions
As we all know that provision of food, drink, and clothing is destined for an individual by Godhead without seeking or meaning to obtain
Despite that, people overlooked 10 reasons that prevent a livelihood
Some texts, Quranic verses, and hadiths of the Prophet, may blessings and peace be upon him, were warned about it
These reasons are summarized in ten items:
1- Fornication Adultery is one among the primary causes of a scarcity of livelihood, God forbid, because it is one among the best sins
Unfortunately, in our times , sins and sins are underestimated. For adultery there are many punishments, including during this world et al. within the hereafter.
The adulterer and therefore the adulteress are threatened with serious diseases like AIDS, along side poverty
That is why Godhead mentioned to us within the Holy Qur’an and warned us against these sins.
God said:
(And don't approach fornication for it had been an indecency and an offense.)
Great truth of God
He also forbade anything on the brink of fornication, like the unwanted mixing of the sexes
(Foreign seclusion).
The Messenger of God, may God’s prayers and peace be upon him, forbade us from this obscenity by saying:
(Beware of adultery, for in it there are four qualities that take honor from the face, stop livelihood, enrage the Merciful, and eternity in Hell)
Narrated by Abdullah bin Abbas.
2- Cutting the uterus God Almighty has commanded us to attach our mercy, that is, the connection of our relatives and acquaintances, for it's considered an act of obedience that brings sustenance
Therefore, cutting the womb and strife is one among the sins that Godhead forbids us
And the Messenger of God, may God bless him and grant him peace, said regarding cutting the womb:
On the authority of Anas bin Malik, may God be pleased with him, that the Messenger of God, may God bless him and grant him peace, said:
(Whoever likes to be simplified for his livelihood and to be nurtured for him in his life, let him fear God and pray his mercy)
3- Lack of weights and weights Unfortunately, cheating and weight loss are common in our time
Although Godhead warned those that underestimate and reduce the size and therefore the measure of severe suffering
Islam has prohibited fraud, whether in words or deeds
Some traders, God forbid, conceal the defect within the commodity offered purchasable
Or they raise its price twice the maximum amount , for Godhead said in that:
( Woe to the supplicants who, once they are heavy on the people, they're going to fill in, and if they're like them or their weight they lose )
Great truth of God.
Where the Prophet, peace and blessings be upon him, says in his noble hadith:
The immigrants have five qualities. )
Narrated by Ibn Majah and al-Hakam.
4- Ruling on aside from what Godhead has revealed God Almighty has commanded us to ask Him and to arbitrate His law, and has forbidden us from judging aside from what God has revealed
Therefore, dear Muslim, when confused a few matter, it's necessary to return to the judgment of Godhead within the (Holy Quran)
And following the Sunnah of the Prophet, peace and blessings be upon him
It is also possible to concentrate to the jurisprudence of some Muslim scholars and companions, may God be pleased with them.
The prophet Peace Be Upon Him said:
(And they didn't break the covenant of God after their faith, except that their enemies imposed on them to require a number of what was in their hands).
5- Preventing Zakat We also know that Zakat may be a duty and obligation on every Muslim
It is a sum of cash specified by the Qur’an texts and a few hadiths of the Messenger, may blessings and peace be upon him
Despite that, we discover some people neglecting Zakat, which prevents livelihood and causes poverty.
The prophet Peace Be Upon Him said:
(And they didn't withhold the zakat of their money except they forbade dropping from the sky, and had it not been for the cattle they might not rain)
6- Usury and unlawful earnings God Almighty has promised to dealers with usury poverty, loss and corruption in money, and has gone out of his blessing within the Almighty saying:
(God erases usury and raises alms, and God doesn't love all unrighteous infidels).
The prohibition of usury was also mentioned during a hadith from the Messenger, may God bless him and grant him peace
On the authority of Amr bin Al-Aas, may God be pleased with him, that the Messenger of God, may God bless him and grant him peace, said:
(From nation in whom usury appears but they're taken consistent with the Sunnah, and from no people in whom bribes appear unless they're crazy fear)
7- False oath Unfortunately, many of today's youth and even children underestimate the false oath
Although it's a serious sin, it's not permissible to swear by God falsely
Whoever does that has got to repent to God and not repeat this matter
The Messenger of God, may God bless him and grant him peace, said:
(Immoral oath goes money ...)
8- Lying Lying is one among the foremost important characteristics of a hypocrite. a real believer never lies and says nothing but truth, regardless of what.
We also know that it's hated among people, and therefore the liar loses the people's trust around him
Therefore, we must avoid lying and always telling the reality , because it is one among the foremost important causes of poverty and lack of livelihood
The prophet Peace Be Upon Him said:
(The sale is by choice unless they're separated, for if they got charity and that we showed your blessings for them by selling them, albeit they were deceived and lying.)
9- Monopoly At this time, we see unfortunately things of most merchants taking a monopoly, whether it's a monopoly on food, drink, or various commodities
Thinking that it's trade and cleverness, and meaning to increase their profits, forgetting that it's one among the items that Islam has warned us about.
This came during a hadith on the authority of the Messenger, may God bless him and grant him peace:
(Only a sinner monopolizes)
He also said: (He who monopolizes is sinful)
Read More : تفسير الاحلام
10- Cheating Whether it's trade cheating or exam cheating, i.e. cheating altogether its forms
Unfortunately, most of the people underestimate the matter. Godhead said:
(And you think that it's easy, and it's great with God.)
The prophet Peace Be Upon Him said:
(Whoever cheats us isn't among us).
We have now finished 10 reasons preventing livelihood
And we will talk during a paragraph about the explanations for livelihood within the Qur’an
Reasons for livelihood within the Qur’an A person must avoid prohibitions and matters that anger Godhead
And return to the Book of Godhead and increase the remembrance of Godhead and seek forgiveness
He said God Almighty:
(And whoever turns faraway from my remembrance for him to measure during a sheep, and that we will pack it blind on the Day of Resurrection)
Great truth of God
In addition, he must adhere to sincere repentance to Godhead and invite forgiveness from Him
And benefit deeds like charity and filial piety
Especially tons of supplication seeking sustenance from Godhead
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Food is called human fuel. Human consumption is the most sensitive aspect of the body. Food adulteration is basically changing the true quality of pure foods by adding chemical additives. Read more about food adulteration paragraph.
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Musical instrument goes flat in presence of adulterated medicine
Enlarge / A mbira—the researchers removed all the tines and placed a single loop of metallic tubing in their place. (credit: Joanna Bourne)
Even without the rise of online pharmacies, there have been multiple food and medicine adulteration cases, some due to carelessness, some due to greed. One unfortunate part of the story is that most cases of adulteration are pretty clumsy, and lives could have been saved if we had simple and widely available tests for contaminants.
That is precisely what a team of engineers has recently tried to achieve. They have taken some pretty old ideas and rejigged them to create a rather innovative testing system that can detect adulteration in liquid medicines and maybe even food.
Sounding off
The challenge with making a generic test for contamination is that all sorts of things can end up in food and medicine. The key to this new idea is that you don’t necessarily need to know what has been added, only that it is different from the standard formulation. In almost all cases, changing the formulation changes the density of a liquid. A sensitive mass sensor, then, should be able to detect medicines that have not been produced properly.
Read 12 remaining paragraphs | Comments
Musical instrument goes flat in presence of adulterated medicine published first on https://medium.com/@HDDMagReview
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Musical instrument goes flat in presence of adulterated medicine
Enlarge / A mbira—the researchers removed all the tines and placed a single loop of metallic tubing in their place. (credit: Joanna Bourne)
Even without the rise of online pharmacies, there have been multiple food and medicine adulteration cases, some due to carelessness, some due to greed. One unfortunate part of the story is that most cases of adulteration are pretty clumsy, and lives could have been saved if we had simple and widely available tests for contaminants.
That is precisely what a team of engineers has recently tried to achieve. They have taken some pretty old ideas and rejigged them to create a rather innovative testing system that can detect adulteration in liquid medicines and maybe even food.
Sounding off
The challenge with making a generic test for contamination is that all sorts of things can end up in food and medicine. The key to this new idea is that you don’t necessarily need to know what has been added, only that it is different from the standard formulation. In almost all cases, changing the formulation changes the density of a liquid. A sensitive mass sensor, then, should be able to detect medicines that have not been produced properly.
Read 12 remaining paragraphs | Comments
Musical instrument goes flat in presence of adulterated medicine published first on https://medium.com/@CPUCHamp
0 notes
Text
10 reasons that prevent livelihood and bring you closer to poverty
an introduction Many people are trying to find a broad livelihood, i.e. quick livelihood
Therefore, we'll talk today about the explanations for livelihood, what are the keys to livelihood, and what are the explanations that prevent livelihood.
10 reasons prevent livelihood Some people always feel their livelihood and bad luck
Where Godhead created man and ready for him the explanations for survival and provided man with sustenance in several types and conditions
As we all know that provision of food, drink, and clothing is destined for an individual from Godhead without seeking or meaning to obtain
Despite that, people overlooked 10 reasons preventing livelihood
Some texts, Quranic verses, and hadiths of the Prophet, may peace and blessings be upon him, were warned about it
These reasons were summarized in ten items:
1- Fornication Adultery is one among the primary causes of a scarcity of livelihood, God forbid, because it is one among the best sins
Unfortunately, in our times , sins and sins are underestimated. For adultery there are many punishments, including during this world et al. within the hereafter.
The adulterer and therefore the adulteress are threatened with serious diseases like AIDS, along side poverty
That is why Godhead mentioned to us within the Holy Qur’an and warned us against those sins.
God said:
(And don't approach fornication for it had been an indecency and an offense.)
Great truth of God
He also forbade anything on the brink of fornication, like the unwanted mixing of the sexes
(Foreign seclusion).
The Messenger of God, may God’s prayers and peace be upon him, forbade us from this obscenity by saying:
(Beware of adultery, for in it there are four qualities that take honor from the face, stop livelihood, enrage the Merciful, and eternity in Hell)
Narrated by Abdullah bin Abbas.
2- Cutting the uterus God Almighty has commanded us to attach our mercy, that is, the connection of our relatives and acquaintances, for it's considered one among the obedience that brings sustenance
Therefore, cutting the womb and strife is one among the sins that Godhead forbids us
And the Messenger of God, may God bless him and grant him peace, said regarding cutting the womb:
On the authority of Anas bin Malik, may God be pleased with him, that the Messenger of God, may God bless him and grant him peace, said:
(Whoever likes to be simplified in his livelihood and to be nurtured for him in his life, let him fear God and pray his mercy)
3- Lack of weights and weights Unfortunately, cheating and weight loss are common in our time
Although Godhead warned those that underestimate and reduce the size and measure of severe suffering
Islam has prohibited fraud, whether in words or deeds
Some traders, God forbid, conceal the defect within the commodity offered purchasable
Or they raise its price doubly, for Godhead said in that:
( Woe to the supplicants who, once they are heavy on the people, they're going to fill in, and if they're like them or their weight they lose )
Great truth of God.
Where the Prophet, peace and blessings be upon him, says in his noble hadith:
The immigrants have five qualities. )
Narrated by Ibn Majah and al-Hakam.
4- Ruling on aside from what Godhead has revealed God Almighty has commanded us to guage him and his law, and he forbade judging aside from what God has revealed
Therefore, dear Muslim, when confused a few matter, it's necessary to return to the judgment of Godhead within the (Holy Quran)
And following the Sunnah of the Prophet, peace and blessings be upon him
It is also possible to concentrate to the jurisprudence of some Muslim scholars and companions, may God be pleased with them and accept him.
The prophet Peace Be Upon Him said:
(And they didn't break the covenant of God after their faith, except that their enemies imposed on them to require a number of what was in their hands).
5- Preventing Zakat We also know that Zakat may be a duty and obligation on every Muslim
It is a sum of cash specified by the Qur’an texts and a few hadiths of the Messenger, may blessings and peace be upon him
Despite that, we discover some people neglecting Zakat, which prevents livelihood and causes poverty.
The prophet Peace Be Upon Him said:
(And they didn't withhold the zakat of their money except they forbade dropping from the sky, and had it not been for the cattle they might not rain)
6- Usury and unlawful earnings God Almighty has promised to dealers with usury poverty, loss and corruption in money, and has gone out of his blessing within the Almighty saying:
(God destroys usury and raises alms, and God doesn't love all unrighteous infidels).
The prohibition of usury was also mentioned during a hadith from the Messenger, may God bless him and grant him peace
On the authority of Amr bin Al-Aas, may God be pleased with him, that the Messenger of God, may God bless him and grant him peace, said:
(From nation in whom usury appears but they're taken consistent with the Sunnah, and from no people in whom bribes appear unless they're crazy fear)
7- False oath Unfortunately, many of today's youth and even children underestimate the false oath
Although it's a serious sin, it's not permissible to swear by God falsely
Whoever does that has got to repent to God and not repeat this matter
The Messenger of God, may God bless him and grant him peace, said:
(Immoral oath goes money ...)
8- Lying Lying is one among the foremost important characteristics of a hypocrite. a real believer never lies and says nothing but truthfulness, regardless of what
We also know that it's hated among people, and therefore the liar loses the people's trust around him
Therefore, we must avoid lying and always telling the reality , because it is one among the foremost important causes of poverty and lack of livelihood
The prophet Peace Be Upon Him said:
(The sale is by choice unless they're separated, for if they got charity and that we showed your blessings for them by selling them, albeit they were deceived and lying.)
9- Monopoly At this time, we see unfortunately things of most merchants taking a monopoly, whether it's a monopoly on food, drink, or various commodities
Thinking it's trade and cleverness, and eager to increase their profits, forgetting that it's one among the items that Islam has warned us about.
This came during a hadith on the authority of the Messenger, may God bless him and grant him peace:
(Only a sinner monopolizes)
He also said: (He who monopolizes is sinful)
10- Cheating Whether it's trade cheating or exam cheating, i.e. cheating altogether its forms
Unfortunately, most of the people underestimate the matter. Godhead said:
(And you think that it's easy, and it's great with God.)
The prophet Peace Be Upon Him said:
(Whoever cheats us isn't among us).
We have now finished 10 reasons preventing a livelihood
We will talk during a paragraph about the explanations for livelihood within the Qur’an
Read More : تفسير الاحلام
Reasons for livelihood within the Qur’an A person must avoid prohibitions and matters that anger Godhead
And pertaining to the Book of Godhead and increasing remembrance of Godhead and seeking forgiveness
He said God Almighty:
(And whoever turns faraway from my remembrance for him to measure during a sheep, and that we shall pack it on the Day of Resurrection blind)
Great truth of God
In addition, he must adhere to sincere repentance to Godhead and invite forgiveness from Him
And benefit deeds like charity and filial piety
Especially tons of supplication seeking sustenance from Godhead
0 notes
Text
9 Taboos About Vanilla Gift Card App You Should Never Share On Twitter | vanilla gift card app
A accessible adviser for autograph about shitty chump behavior on the internet is to ask yourself, “am I at all alleviative this shitty behavior as if it is awesome?” If the acknowledgment is yes, STOP DOING IT.
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A lot of you accept noticed that the aboriginal adventure in aftermost Monday’s BCO about a Starbucks chump who scams/torments his barista every distinct day of the year has taken on a awe-inspiring activity of its own amid added online sources (a 18-carat acknowledge you for the emails, by the way; they were abundant appreciated). Let’s epitomize the story, from a pseudonym called Brad Halsey:
There is a man who comes to my Starbucks every distinct day and orders the best abhorrent alcohol in an infuriating way. He purchased 365 Starbucks cards and registered every one of them online with a altered altogether so that he gets a “free altogether drink” EVERY DAY OF THE YEAR. Alike admitting I apperceive absolutely how he “beat the system” there, he pretends that his app is aloof adulterated and it magically gives him the aforementioned chargeless altogether alcohol every day. If he was a nice guy, I ability not be so irritated. But he’s not a nice guy. Actuality is a sample of our barter aback he orders (when you brainstorm his voice, it should be affected and creepy):
Me, afflictive on the inside: “Hello.”
Him: “I charge a Venti cup and a marker.”
Me: “Oooooohkaaaay. Actuality ya go.”
I cautiously accord him the cup and marker. He draws curve and arrows and writes all over the cup while cogent me: “Two pumps of white mocha here, again add bristles pumps of vanilla. That should booty us to this band actuality area you’re gonna add algid abundant chrism up to this backbone here…it should be center amid this band and this line. Make abiding to add the abundant whipping chrism afore the espresso, it changes the aftertaste if you do it out of order. Again add your four shots, three approved and one continued shot. That continued attempt is important, aback you guys reformulated your machines, it’s been Hell aggravating to get my alcohol right. That continued attempt helps antithesis it. Again activity it for me, Mister Brad. Now do me a favor and add ice to the top there and it’ll be accessible as pie. I’m not captious so don’t anguish about afraid it or annihilation like that.”
Me: “OK. Accessible as pie.”
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Him: “Now they arena it up for me like this: one cloister espresso, add white mocha, sub vanilla, sub abundant cream.”
[He wants it rung up that way so he aloof has to pay $3.00 for a alcohol that absolutely should be about $6.50 if it was rung up accurately as an Algid Cloister Venti Boilerplate White Mocha with abundant chrism instead of milk.]
Me: “Gotcha.”
Him: “Now I’m activity to use my chargeless altogether accolade to pay. Did I acquaint you about my altogether accolade app malfunction? The app is busted up and it’s been giving me the aforementioned chargeless altogether alcohol for twelve canicule now! I mean, I’m not activity to accuse or anything. Maybe I should analysis my mail at my old abode and see if I’ve won chargeless Starbucks for life! Ha ha ha!”
[he tastes his alcohol & frowns]
Him: “Mister Brad, why don’t you cascade a decaf attempt on top of this for me? It’ll be absolute then. It’s aloof a beard too sweet.”
[I cascade one decaf attempt on top of his drink]
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Me, and my bark is ample at this point: “Thanks! Accept a abundant day. Oh yeah, and HAPPY BIRTHDAY.”
The adumbration of this guy’s angry (but absolutely affectionate of brilliant) betray resonated decidedly adamantine with a lot of places that address about food. It’s important to agenda that the all-inclusive majority of places that best up the adventure advised it the way it deserved: BoingBoing, Grubstreet, BusinessInsider, PopSugar and the National Column in Toronto (among others) all fabricated it a point to say that Brad’s chump was a complete dickhead, with several of them acquainted that what he was accomplishing absolutely possibly constituted fraud. Eater absolutely took it a footfall further, contacting Starbucks directly, who issued the afterward statement:
“We are acquainted of this customer’s abusage of the Starbucks Agenda program. We are investigating this amount as our agenda affairs agreement prohibit such schemes.”
G/O Media may get a commission
All of these takes are fine—Eater’s in particular, aback it’s accessible the guy in catechism will face some affectionate of advise for actuality a doucheschooner, or at atomic won’t be accustomed to get abroad with it any more. Maybe I didn’t apprehend this to be the BCO adventure to booty off in added online publications (although in retrospect, I apparently should have; the internet loves account of annihilation pertaining to “menu hacks”), but these takes are absolutely reasonable, and it would be asinine of me to booty affair with any of them.
Then you accept Seventeen. All the acceptable things I aloof said about the added places that best up the story? Throw them adapted the hell out the window here. From Alyssa Fiorentino’s post:
The column went on to explain how this chump is acutely accurate about his order, which makes his cheating of the arrangement alike added annoying—but none of that matters. All you charge to apperceive is, chargeless drinks for activity is absolutely possible. And you’ll be extenuative a lot of cash.
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Think about it this way: Let’s say you dart to Starbucks adapted now and acquirement 365 one-dollar allowance cards. That will set you aback $365. However, if a alpine algid coffee costs you $2.25 per day, by the end of the year you’d be out $821.25. Follow this guy’s lead, and you’ll save over $450. (And that’s if you alone get a tall… anticipate about the venti possibilities!) Woah.
For fuck’s sake, do I charge to explain why these two paragraphs are horrible? I’m at somewhat of a accident for words, aback this is so self-evidently cheerleading sociopathic behavior. Let’s alpha and end with the actuality that the adapted acknowledgment to accession actuality abhorrent should never, anytime be “oh shit, I absolutely charge to try that!” Ever. For any reason. That absolutely should awning all accessible bases.
Seventeen’s readership—which is decidedly vast—is mostly teenagers. This is a acceptable affair in that they’re beneath acceptable than adults to accept the money to try to adapt this scam, but it’s a bad affair in that the ones that do accept the money accept the analytical thinking, controlling skills, and basal affinity of a goldfish. Teenagers are, on average, fucking idiots. The aftermost affair they charge is advance in that department.
In accession to actuality idiots, teenagers are additionally affectable as hell. Unless Starbucks absolutely deals with this affair to anticipate this array of betray in the approaching (and it looks like they ability be, acknowledge the celestial of your choice), some of them (and some adults, undoubtedly) are activity to try this. Some would accept done so behindhand of whether Seventeen actively encouraged them, because some bodies are aloof terrible, but there are others who alone bare a advance to be able to absolve it to themselves.
Moreover, it’s aloof a apparent old dick move to animate bodies to bits on aliment account workers. So maybe don’t? Yeah, I’m activity to go with don’t.
Image via mangpor2004/Shutterstock.
Contact the columnist at [email protected].
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Tyson Recalls Nearly 12 Million Pounds of Chicken – 3 Injured from Ingesting Metal
There’s a Tyson Chicken Recall. If you haven’t done so already, now is a good time to check your freezer for recalled product. And I mean RIGHT now. Tyson Foods, Inc recalled a whopping 12 million pounds of their frozen, ready-to-eat chicken strip products on Saturday, May 4, 2019 because of potential contamination with “extraneous materials” – metal shavings.
This recall comes from the USDA’s Food Safety and Inspection Service (FSIS). As you can imagine, 12 million pounds comes to a lot of chicken. In fact, Tyson has listed 4 pages of products affected by this recall ranging from regular frozen chicken strips to the flavored variety.
Don’t just assume that every package except ones labeled Tyson are safe. Like many companies, Tyson Foods, Inc also produces their chicken products under other names. You may find the complete list here. A quick list includes: Best Choice, Food Lion, Giant Eagle, Great Value, Hannaford, Kirkwood, Meijer, Publix, Spare Time, and of course Tyson.
What’s Being Recalled?
Recalled product includes frozen, ready-to-eat chicken strip items produced on various dates between October 1, 2018 and March 8, 2019. These packages will show “Use By Dates” between October 1, 2019 and March 7, 2020.
Additionally, you will find the establishment number for the facility responsible located on the back of the package inside the USDA mark of inspection. This establishment number will read “P-7221.”
Where Was Product Sent?
Unfortunately, with such a wide recalled production period, these products were shipped pretty much everywhere. They were shipped to retail locations nationwide, for institutional use nationwide and to the United States Virgin Islands, and even to Department of Defense locations nationwide.
What Prompted the Recall?
Like most cases of foreign material recalls, the recall was initiated after consumer complaints. Initially, there were two consumer complaints indicating extraneous material in the form of metal shavings in the chicken strip products.
Upon FSIS investigations, the agency is now aware of 6 complaints during this production period that also involve similar pieces of metal contaminants. In at least 3 cases, oral injury was indicated.
This Isn’t Tysons First Time in Hot Water!
This is not the first time Tyson has been involved in a recall. Or even a recall for foreign material. In fact, just over a month ago they had a similar recall. Albeit, a smaller one. But clearly there is a problem.
On March 21, 2019 Tyson foods issued a recall for the same reason. Foreign material contamination – specifically pieces of metal. This too came after two consumer complaints of adulterated chicken strip products. This recall did not produce any reported injuries.
Nonetheless, this recall involved nearly 70 thousand pounds of product from the same facility as indicated by USDA establishment number “P-7221.” Though this production period was limited to a single date. November 30, 2018. If you scroll back up a few paragraphs, you will find this November 2018 date falls smack inside the range for the latest recall. This indicates to me that whatever caused the problem during the first recall was not fully addressed. Clearly the firm is unsure when the exact problem occurred based on the nearly 6-month production period recall window.
But how did it become contaminated. With metal shavings of all things?
Where Does Metal Contamination Come From?
When it comes to chicken strip processing there are many potential places that come to mind for metal pieces to cause contamination. In the absence of specific sources indicated in the recall, I decided to explore the most likely offenders of foreign material contamination.
Most chicken production surfaces are metal. Primarily due to the ability for metal to be sanitized. Of course, the knife that cuts the chicken pieces into the strips that we so much enjoy is a likely place. But they don’t individually cut each piece of chicken by hand. Can you imagine how long that would take? No. A chicken strip manufacturing plant has a series of machines on a conveyer that move the pieces into place, chop it into the designated size, and even place it into packaging and label it. These days, production facilities are highly automated.
Except for a few employees checking for quality control and making sure the machines are operating as expected, most facilities are entirely run by machines. The human factor comes in during quality control and equipment inspection and maintenance (which should be done periodically).
Equipment failure and poor equipment maintenance are the primary source for metal foreign material contamination. So, what is the likely suspect? Just based on the sheer number of them along the production line and what happens when they fail, my guess is bearings. Other more obvious pieces would prompt immediate action by anyone inspecting or running the line. As indicated, there has been no specific source identified in the investigation – at least none that have been made public. So, lets talk metal bearings.
What is a Bearing?
A bearing is a mechanical piece that allows heavy objects to slide. In fact, “How Stuff Works” even describes your car wheels as a “big bearing,” comparing it to the inefficiencies if they were replaced with skis instead.
Bearings are generally smooth metal balls (or rollers) inside a smooth inner and outer metal surface. Fidget spinners, for example, are glorified bearings. They are made of bearings much like the roller bearings found in a production line. Roller bearings are designed to allow the free spinning of a moving part. The roller portion is a cylinder that contacts the inner and outer portions of the bearings allowing free movement. Most protein manufacturers use stainless steel conveyor belts that use these roller bearings.
How Do Bearings Cause Mechanical Contamination?
Eventually, without proper maintenance and lubrication even the best bearings will fail. Sometimes failure isn’t even caused by improper maintenance, but age. All parts have a life-span. Bearings in food production are protected by a seal to contain the lubricant and hopefully contain the bearings in the event of failure.
When the bearings break (and there are thousands on a conveyor line) they begin to sheer inside their sleeve. Eventually, this will cause the seal to rupture, allowing pieces to escape and enter the production line unnoticed for a period of time. That is until they are individually inspected.
My educated guess is that this is what has happened. But we will not know for sure until information is released.
For now, check your freezers for recalled product and return anything within those “Best By Dates” to the place of purchase for a full refund. It is a good idea to always check your food before preparing it to actively defend your family against injury.
By: Heather Van Tassell, Contributing Writer (Non-Lawyer)
The post Tyson Recalls Nearly 12 Million Pounds of Chicken – 3 Injured from Ingesting Metal appeared first on The Lange Law Firm.
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FDA slams more homeopaths for playing fast and loose with toxic chemicals
Not all homeopathic firms are bad but this one shold be avoided.
Enlarge / Contains belladonna, aka deadly nightshade. (credit: Homeolab)
The Food and Drug Administration sent a sharp letter this month to a Canadian-based homeopathic pharmaceutical manufacturer named Homeolab USA. The letter warned of “significant violations” the agency found during a recent inspection and poor quality control of the company’s infant teething products that contain the deadly poison, belladonna, aka deadly nightshade.
The letter, dated August 2 and posted on the agency’s website Wednesday, includes a lengthy list of quality and manufacturing process failures that renders Homeolab’s products “adulterated,” the agency concluded. These include failing to test the quality of ingredients or ensuring consistent levels of belladonna in the products.
Homeolab is just the latest homeopathic company slammed by the FDA for problems related to belladonna-containing products. For years, the agency has been investigating reports of infants having seizures, losing consciousness, and, in some cases, dying after using such products. The symptoms were all consistent with belladonna poisonings. Last September, the FDA warned consumers to avoid the homeopathic teething gels and tablets distributed by Hyland’s, CVS, and others.
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“SEEING” VOICES
June 2017
“SEEING” VOICES
To my family, friends, fans and seekers…
I would like to write about hearing and seeing.
Faith is difficult to codify. Many would say that “to believe” is faith. For example: “I believe that it’s not going to rain today.” The belief is that it won’t rain based on the weather forecast, the summer season and current conditions. And we can hear the meteorological report: there is no measurable chance of precipitation, based on barometric pressure, weather models, the weather history in the area and so forth. It’s an informed educated position on the day’s forecast.
People also put their “faith” in what they hear someone say. When a person of expertise or authority says something is going to happen, we tend to believe them; we put our “faith” in their words, because the person speaking is a specialist. When a person with knowledge says something, we believe it.
We are further influenced by our own experience. As we roll out of bed we notice it’s a sunshine filled morning, the air already warming to greet us; the bees are humming, the birds are singing, and the sun kisses the landscape. Based on our past experience, our senses tell us that it is going to be a glorious day without rain.
Here in the West (I speak of the generic west) we tend to put our faith in an educated person, and revere the letters that appear after their name. There is a lot of meaning and power in a name, which is a subject for a future blog, but one that needs be mentioned here, for it is NOT what a person does occupationally that is their identity, but what flows out from their truest self. This is a hard idea for westerners, because we nearly worship education and expertise.
Financial wealth is also vaunted and admired by our culture across the West, as we follow the lives of the rich and famous. We write about their exploits and even mine their opinions and lifestyle, as if their money is a guarantee of character and thus gives credence to their words. Maybe we just want to be rich, too…
NONE of these are truly faith.
The Bible provides an excellent definition of faith –
Hebrews 11:1 Now faith is the substance of things hoped for, the evidence of things not seen.
…the evidence of things not seen.
You can’t see it. You can’t touch it. You can’t smell it. But you can hear it, albeit not with your ears.
Gideon is the quintessential example of a person who lacked faith, and had became paralyzed with fear. Father-God had called him to fight a great battle against the invading Midianites and Amalekites, and referred to him as a Mighty Man of Valor. This was quite a title for someone who was cowering inside a winepress. Gideon was appointed by God to stand and fight against his people’s usurpers and tormentors, but he was unable to “see” his true identity.
Having been beaten down for such a long period of time, giving in to Midianite and Amalekite bullying had become a way of life, fear and resignation the resultant mindsets. Where was his faith? It had completely gone, yet the LORD called him. So Gideon whined –
Judges 6:13 “Gideon said to Him, “O my lord, if the LORD is with us, why then has all this happened to us? And where are all His miracles which our fathers told us about, saying, ‘Did not the LORD bring us up from Egypt?’ But now the LORD has forsaken us and delivered us into the hands of the Midianites.”
Not one thing that Gideon said or inferred in the above paragraph was true.
His unbelief made it impossible for him to believe what Father-God had done for his people in parting the Red Sea; in delivering them from Egypt. The remembrance of their liberation was replaced by unbelief. And instead of taking responsibility for their current state as the outcome of worshipping false gods (making agreements with the enemy always brings about oppression), he tries to shift the blame onto Father-God for their predicament in having to hide their food and livestock in caves and holes in the ground.
And he said to the Angel of the Lord, “But now the LORD has forsaken us and delivered us into the hands of the Midianites.” Gideon was blinded by self-pity and fear.
What ensues is a debate between Gideon and the LORD. Father-God once more calls him mighty -
Judges 6:14 Then the LORD turned to him and said, “Go in this might of yours, and you shall save Israel from the hand of the Midianites. Have I not sent you?”
I don’t know about you, but if I heard the actual voice of the LORD sending me to fight a battle, I would not argue. But because of Gideon’s inability to “see” he begins to debate God. The sheer audacity of the man makes me laugh out loud as I write this!
Judges 6:17 Then he said to Him, “If now I have found favor in Your sight, then show me a sign that it is You who talk with me. 18 Do not depart from here, I pray, until I come to You and bring out my offering and set it before You.” And He [God] said, “I will wait until you come back.”
Can you just feel Gideon’s petulance? If it’s really You…If I have really found favor in Your sight…If You’ll just wait a minute, I’ll go and get my offering; I won’t be but a minute, O God of the universe.” Really!? Gideon is unabashedly making God wait for him!
Gideon is finally convinced to go out and pull down the altar of the Baal gods which the nation of Israel adulterously worshipped. He tore it down and made a burnt offering of a bull in the manner of the Jews, and did so right at the site where the Baal altar had stood.
…he did it at night because he was afraid.
When the men of his village saw what had been done, they inquired who had done this and were told it was Gideon. Now they turned on their kinsman in fear for their own lives, and suggested they make an offering to the same false god. Can you imagine? Not only did they rat on their own brother, but they were prepared to appease the Midianites and Amalekites by putting the godless altar back up.
There is a special message hidden in this act of cowardice by Gideon’s people that is meant for us Christians: when we know what is right but turn back to try to appease those who are disappointed or angry with us, we back down from the challenge to maintain our true identity in Christ. This is often done in an attempt to recapture the favor of extended family, once we have left them and their ways for the kingdom of God. This should never be. The wrath of those left behind should never be rejoined. On this matter Jesus spoke clearly!
Luke 9:62 But Jesus said to him, “No one, having put his hand to the plow, and looking back, is fit for the kingdom of God.”
But Gideon’s father Joash, at last spoke sense into the situation, as he suggested that the Baal god himself should plead his own case, since its altar was in rubble.
The people of the East heard about the uprising against their gods and came upon Gideon’s city en masse. They mustered their armies at the edge of the Jezreel Valley where the Israelites lived. They were an outraged violent people who would brook no disagreement. At this juncture the Spirit of God came upon Gideon and empowered him, strengthened him to a degree, but still he was not convinced.
Next comes the famous “fleece deal” that Gideon concocts to test whether or not he was really hearing God’s voice. Many teachers in the church have taught Gideon’s fleece as a method of finding out God’s will, yet it is nothing more than a practice of unbelief: putting God to the test. Yet the LORD was patient and forbearing with Gideon —— and I should add, far more patient than any of us would have been, but that’s why His ways are not our ways, His thoughts are higher than our thoughts.
Judges 6:36-38 So Gideon said to God, “If You will save Israel by my hand as You have said— 37 look, I shall put a fleece of wool on the threshing floor; if there is dew on the fleece only, and it is dry on all the ground, then I shall know that You will save Israel by my hand, as You have said.” 38 And it was so. When he rose early the next morning and squeezed the fleece together, he wrung the dew out of the fleece, a bowlful of water.
If you’re really who you say you are, and if you’re really going to do what you have promised, if I can really trust you to follow through, make the ground dry and the lambs wool wet in the morning.
Like I said, “audacity.” But amazingly he’s still not done—not even after the wet fleece.
Judges 6:39-40 Then Gideon said to God, “Do not be angry with me, but let me speak just once more: Let me test, I pray, just once more with the fleece; let it now be dry only on the fleece, but on all the ground let there be dew.” 40 And God did so that night. It was dry on the fleece only, but there was dew on all the ground.
Please don’t be angry with me, but would You now do the same thing again, only in reverse? This is the last time, I promise!
If it were I he would have been incinerated long before his suggestion of the first fleece. Suffice to say, fleecing is NOT an act of faith. He simply will not surrender to the Father’s will, and not just for lack of faith, but for the lack of a good opinion of his Father-God.
A person’s faith, or lack thereof, is exposed when trials come. How we react to adversity demonstrates what we really believe about God, at least for those who claim the cross of Christ for their salvation. Is He trustworthy? Is He faithful? Does He come through for His own? Can He be counted on to do for us what we cannot do for ourselves?
Here in the West, we do for ourselves. We call an expert. We call a professional. We call in law enforcement. We call anyone but Father-God. Faith? Where is our faith? In whom do we place our trust?
I now speak prophetically to every Christian reading this blog:
“When trials come upon you, the degree to which you super-control your environment demonstrates your level of unbelief. Control equals fear. Fear equals control. The Spirit of God would have you lay down your “weapons” and be at rest. Listen for His voice and His direction on how to solve your issue, not the experts! Elevate Him and His Word over the advice of others, regardless of how many letters might appear after their names. HE is the only faithful One, He is the One you need, He is the most wise One, His Word is true and will come to pass.”
When a person is seemingly at death’s door, you will often hear the words, Well, all we can do now is pray… Excuse me?!? That’s what you should have done first, never as a last resort.
Back to Gideon…
He went out to meet the Midianites and Amalekites with 32,000 men, less than half of all their enemies. But God lowered their forces by 22,000, leaving Gideon (that is, Gideon the farmer cum general!) with just 10,000 men. I’m sure Gideon looked at Father-God’s math and found it wanting. But God wasn’t finished by a long way. He further shrunk Gideon’s army by another 9,700, leaving him with a mere 300 men to fight a horde of over 100,000 wildlings.
God was weeding out the fearful and the unbelieving…
Then by the direction of the God of Angel Armies, the 300 Israelites carried lamps and trumpets (shofars) into battle. God then planted a dream in one of the Midianites that carried an ill omen, and word of it spread throughout the enemy camp. Because of this dream, their enemies became terrified and in complete disarray, when Gideon’s “army” smashed their lanterns and blew their horns. The invading army turned their swords on each other as they fled.
Suffice to say, Gideon and his band of horn-blowers wiped out what was left of the horde.
What can we take away from this story for the day when we find ourselves surrounded by enemies on all sides? What can we borrow from Gideon’s story when our situation looks completely hopeless? How should we think and act when we are faced with seemingly insurmountable odds against us?
My word to you, my family, friends, fans and seekers, is to turn to His Word. Listen for His voice. And as much as I love to read God’s Word, I’m not speaking specifically about the Bible at this time.
Romans 10:17 So then faith comes by hearing, and hearing by the word of God.
Paul the apostle tells us how faith comes to us, the measure of faith that Jesus spoke of when He walked. “Faith comes by hearing, and hearing the word of God.”
The word used here is the word rhema, not logos, meaning the utterance of God as He whispers in our ear. Yes, He still speaks very clearly from the Bible and it is a living document, but what is referred to here is the Voice of God we hear in our spirit. He is a good, good Father, and not a silent austere being. He NEVER holds out on us; He is willing to speak to us, to bless us with wisdom and reassurance, and to empower us with faith as we hear His private message to our spirit (one that will only ever agree with His written Word, the Bible).
So to end this offering with the highest authority on the subject of His Word, Jesus spoke Father’s rhema to the devil during his 40-day test in the wilderness –
Matthew 4:4 But He answered and said, “It is written, ‘Man shall not live by bread alone, but by every word that proceeds from the mouth of God.’ ”
By now you have guessed that the word for “word” used here is once again rhema, utterance. That was quite an utterance the devil heard that day. The warning for us, especially concerning our faith, is this: you are what you eat.
Feast on His rhema, the bread of life, and live.
As always, you can respond to this essay to my email address, [email protected], or at my website, Innocente.us under the blog button in the pull-down menu, or simply at tumblr.com/blog/toolsforthejourney
Remember in everything, Father will have the final say.
Keep it out of the box,
Innocente
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FDA slams more homeopaths for playing fast and loose with toxic chemicals
Enlarge / Contains belladonna, aka deadly nightshade. (credit: Homeolab)
The Food and Drug Administration sent a sharp letter this month to a Canadian-based homeopathic pharmaceutical manufacturer named Homeolab USA. The letter warned of “significant violations” the agency found during a recent inspection and poor quality control of the company’s infant teething products that contain the deadly poison belladonna, aka deadly nightshade.
The letter, dated August 2 and posted on the agency’s website Wednesday, includes a lengthy list of quality and manufacturing process failures that render Homeolab’s products “adulterated,” the agency concluded. These include failing to test the quality of ingredients or ensuring consistent levels of belladonna in the products.
Homeolab is just the latest homeopathic company slammed by the FDA for problems related to belladonna-containing products. For years, the agency has been investigating reports of infants having seizures, losing consciousness, and, in some cases, dying after using such products. The symptoms were all consistent with belladonna poisonings. Last September, the FDA warned consumers to avoid the homeopathic teething gels and tablets distributed by Hyland’s, CVS, and others.
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FDA slams more homeopaths for playing fast and loose with toxic chemicals
Enlarge / Contains belladonna, aka deadly nightshade. (credit: Homeolab)
The Food and Drug Administration sent a sharp letter this month to a Canadian-based homeopathic pharmaceutical manufacturer named Homeolab USA. The letter warned of “significant violations” the agency found during a recent inspection and poor quality control of the company’s infant teething products that contain the deadly poison belladonna, aka deadly nightshade.
The letter, dated August 2 and posted on the agency’s website Wednesday, includes a lengthy list of quality and manufacturing process failures that render Homeolab’s products “adulterated,” the agency concluded. These include failing to test the quality of ingredients or ensuring consistent levels of belladonna in the products.
Homeolab is just the latest homeopathic company slammed by the FDA for problems related to belladonna-containing products. For years, the agency has been investigating reports of infants having seizures, losing consciousness, and, in some cases, dying after using such products. The symptoms were all consistent with belladonna poisonings. Last September, the FDA warned consumers to avoid the homeopathic teething gels and tablets distributed by Hyland’s, CVS, and others.
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FDA slams more homeopaths for playing fast and loose with toxic chemicals published first on http://ift.tt/2uzKHlW
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Brazilian Corruption Scandal Spreads to Meat Industry, U.S. Securities Litigation Follows
The massive Brazilian corruption scandal that began with an investigation of the state-owned oil company Petrobras and that has since spread both to other industries, including the construction industry, and to other Latin American countries, has now spread to an investigation of unsanitary practices and corruption in Brazil’s meatpacking industry. Among the Brazilian companies caught up in this latest scandal is JBS S.A., which is the world’s largest meat processing company. As has been the case with other companies caught up in Brazilian corruption scandal, JBS, whose Level 1 ADRs trade over-the-counter in the U.S., has now been hit with a follow-on securities class action lawsuit in the United States. This lawsuit is the latest in the string of lawsuits filed against companies from Brazil and elsewhere Latin America that have been hit with U.S. securities suits following news of their involvement in the burgeoning corruption scandal.
Background
On March 17, 2017, Brazilian police raided the facilities of two of the country’s largest meat processing companies, JBS and BRF SA, as well as numerous other small facilities. Among other things, the investigation is reportedly examining whether these companies bribed government officials to approve the sale and export of tainted meat. There are allegations that the target companies sold adulterated meat products. The investigation apparently is part of a long-running investigation known as “Operation Weak Flesh.”
According to news reports, policy arrested three BRF employees and two JBS employees, as well as 20 public officials. In its March 17, 2017 press statement about the raid (here), JBS noted that the Brazilian police operation had not targeted the company’s executives and that the company’s headquarters were not a target of the operation. The news of the investigation and police raid caused the prices of JBS ADR’s to decline.
The Complaint
On March 22, 2017, a JBS investor filed a securities class action lawsuit in the Eastern District of Pennsylvania against JBS, it CEO, and the global head of the company’s operations management team. The complaint, which appears on the court’s electronic docket in four parts, can be found here, here, here, and here. The plaintiff’s lawyers’ March 22, 2017 press release about the lawsuit can be found here.
The complaint recites at length numerous statements in the public filings of JBS about the company’s commitment to food safety, as well as its commitment to ethical business practices. The complaint then alleges (in paragraph 27) that the defendants misrepresented or failed to disclose that:
(1) JBS executives bribed regulators and politicians to subvert meat inspections of its plants and overlook sanitary practices such as processing rotten meat and running plants with traces of salmonella; (2) According to Brazilian authorities, JBS “didn’t care at all about the quality of the meat or food” they sold. “They didn’t care at all about what they were selling to consumers;” (3) Defendants falsified documentation for exports to Europe, China and the Middle East; (4)Defendants arranged bribes and favors for inspectors ranging from political donations and favorable bank loans to small bribes including hams and other meat products; (5) in coordination with government inspectors who Defendants used their direct influence in the Agriculture Ministry to select and whom they had bribed, Defendants’ employees entered government offices, accessed computers and issued their own export certificates; Defendants processing plants suffered from unsanitary practices such as rotten mean and shipping exports with traces of salmonella; (7) Defendants produced sanitary certificates regardless of the adulteration of the products.
The complaint, which purports to be filed on behalf of a class of investors who purchased JBS ADRs over the counter between June 2, 2015 and March 17, 2017. The complaint alleges that the defendants violated Sections 10(b) and 20(a) of the ’34 Act.
Discussion
As I have noted in prior posts on this blog (most recently here), as the Brazilian corruption scandal has spread, a number of the Brazilian companies caught up in the investigation have been sued in securities class action lawsuits in the U.S. This phenomenon of the filing of follow-on securities lawsuits against companies involved in the investigation recently spread to a company from Peru that has become involved in the investigation of corruption in the Brazilian construction industry.
JBS is the first of the company’s caught up in the Brazilian meatpacking industry scandal to be hit with a U.S. securities suit. However, it may not be the last. BRF, the other large Brazilian meat industry company caught up in the investigation, has ADRs that trade on the NYSE. The possibility that BRF too could be hit with a follow-on U.S. securities lawsuit seems not unexpected.
As the Brazilian corruption investigation continues to spread, it seems likely that companies in other industries could also face scrutiny or even possible future investigative involvement. This possibility not only presents the possibility for further U.S. securities lawsuit filings against Brazilian companies whose securities trade in the U.S. The possible civil follow-on litigation is not limited just to companies that have securities trading on the U.S. exchanges. Petrobras, for example, faces a number of group arbitration actions in Brazil based on the corruption scandal. The point is that these companies caught up in these kinds of investigations could face litigation exposures in their home countries, even if they do not face litigation exposures in the U.S.
Given the recent U.S. lawsuit filed against a Peruvian company caught up in the Brazilian scandal, these future claims possibilities are not limited just to Brazilian companies, but also include other Latin American companies. Nor are these exposures limited just to Latin America; to cite but two recent examples (there are many others), authorities in South Korea and Romania have recently initiated anti-corruption initiatives. As regulators step up their efforts to combat corruption in their respective countries, the possible outcomes include not only the prospect for high-profile bribery investigations, but also the same kind of follow-on civil litigation that has hit a number of the companies caught up in the Brazilian anti-corruption investigation.
One interesting question that the JBS lawsuit presents and that likely will arise regarding other companies involved in the corruption scandal is whether or not, based on the principles the U.S. Supreme Court enunciated in Morrison v. National Australia Bank, the company or companies are subject to the U.S. securities laws. Specifically, there is a recurring question of whether or not having Level 1 ADRs trading over-the-counter is a sufficient basis for a company to be held subject to U.S. securities laws.
An ADR is a U.S. dollar denominated form of equity ownership that represents foreign shares of the company held by a custodian bank in the company’s home country. According to the complaint, JBS’s ADRs are sponsored Level 1 ADRs. Unlike Level 2 ADRs, which may trade on U.S exchanges, or Level 3 ADRs, which permit a non-U.S. company to raise capital in the U.S., Level 1 ADRs may not trade on U.S. exchanges and entail minimal U.S. reporting requirements. (Refer here for further background on the difference between the various ADR levels).
Courts have reached divergent opinions with respect to Level 1 ADRs, based on whether or not the ADRs are sponsored. For example, in the May 2016 decision in the Toshiba case specifically held that transactions in unsponsored ADRs purchased OTC in the U.S. are not sufficient to satisfy Morrison’s requirements. By contrast, in January 2017 (and as discussed here), Northern District of California Judge Charles R. Breyer held that the U.S. securities laws do apply to over-the-counter transactions in the U.S. of Volkswagen’s sponsored Level 1 ADRs. Questions remain on these issues, but the plaintiff in the JBS case seems likely to try to rely on the Court’s holding in the Volkswagen case that because the U.S. securities laws apply to transactions in JBS ADRs because the securities are sponsored.
One final note about the JBS case is that it seems to represent yet another phenomenon on which I have commented on this blog, which is the prevalence of U.S. securities class action litigation involving companies domiciled outside the U.S. As I noted in my year-end review of 2016 securities class action litigation, one of the factors driving the increase in U.S. securities litigation lawsuit filings during the year was the elevated frequency of securities suit filings involving non-U.S. companies. As the JBS case itself exemplifies, the filing of U.S. securities litigation against non-U.S. companies has continued in the U.S.
Just to put this activity against non-U.S. companies into statistical context, of the 74 non-merger related securities class action lawsuits filed year-to-date so far in 2017 (through March 22, 2017), 17 of them have involved non-U.S. companies, representing about 23% of all filings. Since non-U.S. companies represent only about 16% of U.S. listed companies, the frequency of lawsuits against non-U.S. companies is and remains disproportionately higher than for domestic U.S. companies listed on U.S. exchanges.
Class Actions in Australia: Among countries outside the U.S., among countries with class action regimes, Australia is one of the most active. 2017 marks the 25th anniversary of Australia’s class action regime. A March 2017 paper from the Jones Day law firm entitled “Class Actions in Australia: 2016 in Review” (here) takes a comprehensive look at the current state of class actions in Australia, concluding with respect to the year just passed that “while the year provided examples of some of the major wins for defendants, a number of key court rulings and statutory reforms have set the stage for more and larger class actions in the year ahead and beyond.” The suggestion of the possibility of greater Australian class action activity is consistent with earlier posts on this blog (for example, here).
The law firm paper discusses a number of important class action case law developments in Australia during 2016, including in particular the decision of the Full Court of the Federal Court in Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Limited [2016] FCAFC 148, which for the first time permitted a common fund order (that is, allowing a litigation funder to be paid from any fund created as a result of a successful class action settlement or judgment).
The paper also reports that there were at least 25 new class actions filed in Australia in 2016, including 12 new class cations filed on behalf of investors. There were at least five investor class action settlements in Australia in 2016, the details of which are also detailed in the report.
D&O in South Africa: A March 22, 2017 Biznews.com article entitled “D&O Liability: Is Corporate South Africa Ignoring the Issue?” (here) takes a look at the state of D&O in South Africa. The article notes that while there is a great take up of D&O among companies whose shares trade the Johannesburg Stock Exchange (JSE), that take up among other companies, particularly small and medium enterprises (SME). In the past ten years, the article note, D&O claims against smaller enterprises are increasing but, according to the article “70% of SMEs do not have adequate D&O cover.”
The D&O claims environment in South Africa has evolved as, among other things, changes has been introduced to the Companies Act (effective in 2011), and as other claims have emerged. In particular the article notes that a director of Blue Platinum Ventures was held personally liable because the company did not adhere to environmental regulations. It was, the article notes, the “first example of a director held liable on the African Continent for not adhering to environmental regulations.” The implications are that there is likely to be a much more active claims environment in the future.
Further details about the Blue Platinum Ventures environmental liability claim can be found here.
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