#The National Institutes of Health ([National Institutes of Health (.gov) on Dietary Supplements]) | Explore Tumblr Posts and Blogs

natural-remedies · 24 days

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Synogut:

For many of us, digestive issues can be a constant source of frustration and discomfort. From bloating and gas to constipation and heartburn, these problems can significantly impact our quality of life. If you're seeking a natural solution to improve your gut health, then SynoGut might be the champion you've been waiting for.

A Potent Blend of Natural Ingredients

SynoGut boasts a unique and powerful formulation that combines well-researched ingredients to address various digestive concerns. One of the key components is a blend of probiotics, which are live bacteria that contribute to a healthy gut microbiome. Probiotics help to crowd out harmful bacteria, promoting a balanced digestive system and aiding in nutrient absorption [1].

SynoGut also features prebiotics, which are essentially food for the good bacteria in your gut. Prebiotics help these beneficial microbes thrive, further enhancing your digestive health [2].

The formula is further enriched with natural laxatives and fiber sources like prune fruit and psyllium husk. These ingredients work together to gently promote regularity and alleviate constipation [3, 4]. Additionally, soothing ingredients like aloe vera and bentonite clay are included to help calm inflammation and irritation in the digestive tract [5, 6].

A Safe and Effective Solution

SynoGut is a natural dietary supplement, meaning it's generally well-tolerated and safe for most people. However, it's always advisable to consult with your doctor before starting any new supplement, especially if you have any underlying health conditions or are taking medications.

Real People, Real Results

While individual experiences may vary, many users have reported positive results with Synogut. Many testimonials highlight improvements in bloating, constipation, and overall digestive regularity. It's important to remember that a healthy diet and lifestyle are crucial for optimal gut health, but Synogut can be a valuable tool to support your digestive wellbeing journey.

Taking Control of Your Digestive Health

If you're ready to ditch the discomfort and embrace a healthier gut, then Synogut is definitely worth considering. With its natural formula, focus on gut health, and positive user experiences, Synogut stands out as a strong contender in the digestive health supplement market.

Remember, consulting your doctor before starting any new supplement is always recommended.

Sources:

[1] [Link about benefits of probiotics ON National Institutes of Health (.gov) ncbi.nlm.nih.gov]

[2] [Link about what are prebiotics]

[3] [Link about prune laxative effect]

[4] [Link about psyllium husk laxative effect]

[5] [Link about benefits of aloe vera for digestion]

[6] [Link about benefits of bentonite clay for digestion]pen_spark

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#across the spiderverse #super mario #the owl house #taylor swift #the mandalorian

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helth-product077 · 26 days

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Sugar Defender: Sweet Promises or Bitter Truth

Sugar Defender: Sweet Promises or Bitter Truth?

Sugar Defender, a new supplement boasting natural ingredients to combat blood sugar woes, has created a buzz. But does it live up to the hype? We w...Draft 1

Sugar Defender: Sweet Promises or Bitter Truth?

Sugar Defender, a new supplement boasting natural ingredients to combat blood sugar woes, has created a buzz. But does it live up to the hype? We wade through the claims and consumer experiences to give you a balanced perspective.

Natural Ingredients: A Promising Start

Sugar Defender touts its reliance on natural extracts like bitter melon, cinnamon, and chromium to regulate blood sugar. These ingredients have some backing in scientific studies. Bitter melon, for instance, has been shown to improve insulin sensitivity, while chromium may aid in glucose metabolism [1, 2]. However, the quality of the research and the specific effects on blood sugar control can vary.

Advertised Benefits: A Skeptical Look

Sugar Defender claims a range of benefits beyond blood sugar control, including weight loss, increased energy, and even a stronger immune system. While some ingredients might indirectly influence these aspects of health, the promised effects seem far-fetched. There's a lack of robust scientific evidence to support these claims, and a healthy diet and exercise routine remain the cornerstones of weight management and overall well-being.

Consumer Reviews: Mixed Bag

Online reviews for Sugar Defender paint a mixed picture. Some users report noticeable improvements in blood sugar control and energy levels, while others find the product ineffective. It's important to remember that individual experiences can vary greatly, and factors like diet and lifestyle can significantly impact results. Positive reviews often surface on the product's official website, which might raise a credibility concern.

Cost and Considerations

Sugar Defender is priced on the higher end for a dietary supplement. While a money-back guarantee is offered, the terms might be restrictive. It's crucial to carefully review the details before committing.

Seeking Professional Guidance

If you're considering Sugar Defender, it's vital to consult your doctor, especially if you have pre-existing health conditions or are taking medication. They can advise on potential interactions and whether Sugar Defender aligns with your specific needs. Self-treating blood sugar issues can be dangerous, and a doctor's guidance is paramount.

The Verdict: Proceed with Caution

Sugar Defender's use of natural ingredients is a positive step, but the lack of conclusive scientific evidence on its effectiveness and the sweeping claims raise concerns. Consumer reviews are mixed, and the price point is high. Before taking Sugar Defender, discuss it with your doctor and explore more established strategies like dietary changes and exercise to manage your blood sugar.

Remember: Sugar Defender is a supplement, not a magic bullet. A holistic approach that combines healthy habits with professional medical advice is the most effective way to maintain healthy blood sugar levels.

Sources:

[Link bitter melon and diabetes ON National Institutes of Health (.gov) ncbi.nlm.nih.gov]

[Link chromium for diabetes pubmed ncbi ON National Institutes of Health (.gov) pubmed.ncbi.nlm.nih.gov]

Draft 2

Sugar Defender: Sweet Promises or Bitter Truth?

Sugar Defender, a supplement boasting all-natural ingredients to combat blood sugar woes, has flooded the airwaves and internet. But does it live up...Draft 2

Sugar Defender: Sweet Promises or Bitter Truth?

Sugar Defender, a supplement boasting all-natural ingredients to combat blood sugar woes, has flooded the airwaves and internet. But does it live up to the hype? We delve into the claims, ingredients, and user experiences to help you decide if Sugar Defender is the key to unlocking balanced blood sugar.

Natural Ingredients: A Cause for Celebration... or Caution?

Sugar Defender prides itself on its natural approach, utilising ingredients like chromium, bitter melon, and cinnamon extract. While these elements possess properties that may contribute to healthy blood sugar management, the quality of the research and the optimal dosage for effectiveness remain debatable. Some studies suggest these ingredients might play a role, but large-scale, long-term trials are needed to confirm their efficacy.

Does it Work? Separating Fact from Fiction

Sugar Defender's marketing paints a rosy picture: effortless blood sugar control, increased energy, and even weight loss. However, independent reviews paint a more nuanced picture. While some users report positive experiences with blood sugar management, others find the product ineffective. It's important to remember that individual results can vary greatly, and what works for one person might not work for another.

Safety and Side Effects: A Cause for Concern?

Sugar Defender claims to be entirely safe due to its natural makeup. However, consumers with pre-existing health conditions, or those taking medications, should always consult a doctor before introducing a new supplement. Additionally, some users report side effects such as stomach upset and headaches.

Cost and Value for Money: Is it Worth the Price Tag?

Sugar Defender isn't the most budget-friendly option on the market, especially considering the lack of conclusive scientific backing for its claims. Several alternative supplements and natural remedies have shown promise in managing blood sugar, often at a lower cost.

The Verdict: Proceed with Caution

Sugar Defender might hold some promise, but the current evidence for its effectiveness is shaky. Consulting a doctor before use is crucial, especially for those with underlying health conditions. A balanced diet, regular exercise, and potentially more established blood sugar management strategies might be a more reliable course of action. If you're still curious about Sugar Defender, consider starting with a short trial period and monitor your blood sugar levels closely. Remember, a healthy lifestyle is the cornerstone of blood sugar management, and supplements should be viewed as a potential complement, not a replacement.

Draft 3

Sugar Defender: Sweet Promises or Bitter Truth?

Sugar Defender is a new supplement taking the health market by storm, promising to revolutionise blood sugar management with a natural formula. But...Draft 3

Sugar Defender: Sweet Promises or Bitter Truth?

Sugar Defender is a new supplement taking the health market by storm, promising to revolutionise blood sugar management with a natural formula. But before you reach for your wallet, let's delve deeper into the claims and see if this product lives up to the hype.

Natural Ingredients: A Cause for Celebration?

Sugar Defender boasts an all-natural blend of ingredients like bitter melon, cinnamon, and chromium, all known for their potential benefits in blood sugar regulation. This is certainly a positive point. Many people are wary of chemical-laden medications, and natural solutions can be appealing. However, it's important to remember that "natural" doesn't always equate to "safe" or "effective." Doses and interactions need careful consideration.

Does the Science Stack Up?

The Sugar Defender website throws around terms like "clinically proven" and "backed by science." However, independent verification of these claims is crucial. Credible sources like medical journals or government health websites should be consulted to see if the science truly supports Sugar Defender's effectiveness. While the individual ingredients might have some backing, a product's overall effectiveness hinges on a combination of factors, including dosage and potential interactions.

Real User Reviews: A Mixed Bag

Online reviews paint a contrasting picture. Some users swear by Sugar Defender, claiming it has dramatically improved their blood sugar control and overall well-being. Others report minimal to no effect, and a few even mention negative side effects. It's important to remember that individual experiences can vary greatly. What works wonders for one person might do little for another.

Cost and Considerations: Is it Worth the Risk?

Sugar Defender isn't exactly a budget-friendly option. While the website offers multi-bottle discounts, the initial investment is significant. This is particularly concerning considering the lack of conclusive scientific evidence and the mixed bag of user reviews. It's always best to consult with a doctor before starting any new supplement, especially if you have pre-existing health conditions or are already taking medication.

The Verdict: Proceed with Caution

Sugar Defender's all-natural approach might be appealing, but the lack of robust scientific backing and the mixed user experience raise red flags. If you're considering trying Sugar Defender, talk to your doctor first. They can help you weigh the potential risks and benefits and determine if it's the right choice for you. Remember, there's no magic bullet for blood sugar control. A healthy diet, regular exercise, and proper medication (if prescribed) are the cornerstones of successful management.refreshRegenerate drafts volume_up

Sugar Defender: Sweet Promises or Bitter Truth?

Natural Ingredients: A Promising Start

Advertised Benefits: A Skeptical Look

Consumer Reviews: Mixed Bag

Cost and Considerations

Seeking Professional Guidance

The Verdict: Proceed with Caution

Sources:

[Link bitter melon and diabetes ON National Institutes of Health (.gov) ncbi.nlm.nih.gov]

[Link chromium for diabetes pubmed ncbi ON National Institutes of Health (.gov) pubmed.ncbi.nlm.nih.gov]

#supplements health #sugerdaddy #hajime sugoroku

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plxyboi-blog · 5 years

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WIC benefits help improve child, maternal nutrition, but fewer families are accessing it

New Post has been published on https://healthy4lives.com/wic-benefits-help-improve-child-maternal-nutrition-but-fewer-families-are-accessing-it/

WIC benefits help improve child, maternal nutrition, but fewer families are accessing it

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The program serves anticipating and new mothers, as nicely as their children underneath five-a long time outdated, who are living in homes with reduced-incomes.

By Sarah Ovaska-Handful of

Much less ladies and children in North Carolina are taking portion in the Special Supplemental Nourishment System for Females, Infants, and Youngsters (WIC), a federal program created to guarantee reduced-profits ladies, toddlers and children get desired vitamins and minerals in their food plan.

The slide is worrisome, provided that the WIC program has prolonged only captured a part of those people who are qualified.

“The figures are dropping, and I actually do not assume the desires are dropping,” said Catherine Sullivan, a UNC Chapel Hill professor who heads the Carolina Worldwide Breastfeeding Institute and tracks dietary concerns in the state’s maternal and toddler populations.“We have many concerns with malnutrition.”

The decrease isn’t isolated to North Carolina but portion of a bigger a long time-prolonged slide in participation across the place. WIC serves anticipating and new mothers, as nicely as their children underneath five-a long time outdated, who are living in homes with profits amounts of fewer than 185 percent of the federal poverty level, or around $forty seven,000 for a household of 4. The common family receives about $41 in meals benefits each and every month, according to the U.S. Department of Agriculture, which administers the WIC program.

Illustration by Sarah Ovaska-Handful of

In North Carolina, there is been a 15 percent drop in the quantity of WIC participants from the 2014 fiscal calendar year to now, and a 23 percent drop from 2008, according to common statewide WIC caseload figures supplied by the N.C. Department of Health and fitness and Human Solutions. The condition has an common of 210,one hundred seventy five ladies and younger children participating so significantly this calendar year.

The condition hasn’t seen as steep a drop-off as the nation as a whole, exactly where participation amounts of ladies, infants and younger children dropped by 27 percent from 2008 to now, according to an analysis of USDA details.

Immigrant families portion of WIC decline

The decrease has been exacerbated in the last a few a long time by worries in immigrant communities that taking portion in community profit packages could attract the focus of immigration enforcement or jeopardize environmentally friendly card software, according to Rev. Douglas Greenaway, the president and CEO of the National WIC Affiliation, an advocacy group that tracks national coverage and seeks to enhance participation amounts.

“During the presidential election, there was this heated rhetoric which has continued considering that this administration took business against immigrants, significantly, and against undocumented immigrants specially,” Greenaway said.

That rhetoric and deportation steps all over the place have translated to hesitation for some to indication up for desired benefits like WIC, which is 1 of the handful of federal benefits packages that does not acquire immigration standing into account. Greenaway has heard anecdotal reviews of immigrant families all over the place suddenly dropping out of WIC, or even making an attempt to fork out again prior benefits, out of concern it could set their families at chance of deportation. That concern was compounded last calendar year when a draft of a proposed “public charge” rules was leaked to the push about how lessen-profits immigrants could have prior use of community profit packages held against them in the immigration method. WIC was not involved on that listing of potentially affected packages, but coverage of the proposed rule was major in the Spanish-language media.

There is a myriad of other factors at the root of these drops, in addition to the rising fears in immigrant communities, about accessing community profit packages. Other root leads to consist of dropping start rates and a strengthening overall economy that suggests families might not be as tough-pressed to set the meals they have to have on the desk, Greenway said. WIC also has prerequisites this kind of as typical dietary education and learning sessions that can be difficult for functioning families who might not have trustworthy transportation or boy or girl treatment to fulfill, he said.

Then there is also the stigma that federal packages like WIC keep on to carry exactly where a cashier in a local grocery retailer might embarrass – deliberately or not – an person making an attempt to use WIC benefits at a check out-out line.

“Accessing the program and the benefits involves a measure of courage and swallowing some personal delight to stroll by way of the doorway to get those people benefits,” Greenaway said.

The national group is making an attempt to combat that decrease by launching electronic and print promoting campaigns in many states, together with North Carolina, to raise consciousness of the program to those people who stand to profit.

Supplemental diet for development

WIC is as opposed to other meals aid benefits this kind of as Supplemental Nourishment Acceptance System (SNAP), or meals stamps, exactly where families get month to month allotments of revenue to purchase meals centered on profits thresholds. With WIC, each and every qualified household is effectively approved certain meals goods this kind of as toddler system, milk, whole-grain snacks or fruits and veggies with the plan that the customized meals aid will make improvements to in general diet. Individuals also acquire education and learning in diet and have to display they’ve taken portion in those people endeavours in buy to qualify for the money benefits.

The intent is to give younger children and ladies who are expecting, breastfeeding or who have just lately provided start the extra vitamins and minerals they have to have to support their rising toddlers. The program is also a potent proponent of breastfeeding, and benefits are customized to guarantee that breastfeeding mothers are capable to get the nourishment and vitamins and minerals they have to have to support their toddlers improve. WIC benefits can keep on by way of the children’s early a long time when the mind is promptly producing.

A analyze released this summer months by a group from the Facilities for Disease Management and Prevention uncovered that being overweight rates among preschoolers enrolled in WIC dropped just after the program began to consist of much more fruits, veggies and whole grains. WIC also lower again in current a long time on the amount of money of juice permitted and switched from covering high-body fat milk to reduced-body fat milk for more mature toddlers.

The dropping WIC participation figures are about for condition health officers like Kelly Kimple, a pediatrician who heads DHHS’ maternal and children’s health division.

The drop in WIC enrollment rates will come as North Carolina, by way of DHHS and with the backing of Gov. Roy Cooper, introduced its formidable early childhood motion approach last calendar year, which lists many means the condition is pushing to make improvements to children’s nicely-getting and reduce the prolonged-present health disparities involving North Carolina’s diverse racial and ethnic teams.

A federal analysis estimated that just over half of North Carolina’s qualified ladies and children have been receiving WIC benefits in 2016, an accessibility charge that places it above various neighboring states in the Southeast but underneath areas this kind of as Maryland, Rhode Island and California exactly where sixty to 70 percent of qualified participants accessed benefits.

“Obviously this pattern is about,” Kimple said. “Our concentrate is to reverse that pattern.”

Kimple said the condition is informed of concern in the immigrant and Latino populace and is making an attempt to make distinct that immigration standing does not make any difference when it will come to WIC.

“These families are qualified, and we do not check with if you are undocumented or not,” she said. “The concentrate is on the health of ladies and children – we do not even check with what their standing is, and we would not share it.”

Yet another way the condition is making an attempt to enhance WIC participation is by way of regimen desires assessment screenings that will happen with the approaching change to Medicaid managed treatment. The condition also just lately introduced NCCARE360 in various counties, created to be a new 1-prevent store treatment network that will make it less difficult for having difficulties North Carolinians to join with resources they have to have to thrive.

Boosting WIC in NC

Some person county WIC places of work are functioning to try out and enroll much more ladies and children into the program.

In Alamance County, the WIC business participates in local community functions to try out to unfold the phrase about the program. It also created a “lactation station” to established up at summer months festivals to give ladies a shaded, much more non-public place to breastfeed their toddlers although also selling the program, said Nicole Alston, the Alamance County WIC Director.

The WIC business coordinates closely with the county-operate Children’s Dental Health and fitness Heart that operates on a sliding scale, with families at the dental business regularly directed to WIC and vice versa.

But even with those people and other outreach endeavours, Alston said she has trouble meeting goal figures established by condition and federal companies.

Alamance County WIC’s “Lactation Station” provides ladies a position to breastfeed, and education and learning about the dietary program. (Courtesty Alamance Co. WIC business.)

“We’re not absolutely sure if individuals just have much more function and feel they will not be WIC-qualified, so they will not apply,” said Alston, who utilized WIC herself just after providing start to her eldest boy or girl in advance of she was in her current position.

A lot of ladies also do not recognize their children can acquire benefits up to age 5, as many tend to roll off the program at a calendar year outdated when infants ordinarily commence shifting to much more strong meals and absent from system and breast milk, Alston said.

The condition also moved to an digital WIC procedure in 2018, a modify that meant individuals could purchase just what they have to have and use an digital card that looks comparable to a debit or credit card at the checkout line. Previously, individuals had to use a paper voucher and get everything on their lists – which could signify having many gallons of milk or many blocks of cheese at 1 grocery tale take a look at although acquiring to get just about every single product approved to them, whether or not it would get eaten or not.

The new procedure has built issues less difficult, but DHHS officers have not seen a corresponding soar in usage that they expected would come the moment phrase acquired out about the less difficult-to-use eWIC program.

“We have been hoping that just after the complete implementation of eWIC we would commence to see some greater participation,” Kimple said.

Alston, the Alamance County WIC director, was happy to see the change to digital vouchers, as nicely as a new online application which allows ladies to fulfill their academic prerequisites without necessarily acquiring to come into an business just about every a few to 4 months.

There is also a way for individuals to check out their remaining benefits with good phones or even scan goods in grocery merchants to guarantee merchandise are WIC-qualified in advance of going to check out-out lines.

She hopes the phrase will keep on to get out to qualified families.

“It’s a excellent program,” said Alston. “We actually do support a lot of people”

#Nutrition and Health

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kansascityhappenings · 6 years

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‘Red tide’ and green slime: Florida’s toxic algae problem

Watch Video

When Marcy Cornell’s toddler son “couldn’t breathe” on the first day of their recent Florida vacation, she took him straight to the emergency room.

“Before they even asked me anything else … they said, ‘Did you go to the beach today?’ ” she recalled.

Doctors said her son had upper airway inflammation “brought on by the red tide,” she said.

Evan, almost 2 years old, is doing just fine now. But the warning signs were there from the start.

The water in Englewood, on the state’s southwest coast, “smelled kind of funky, and then we noticed a few dead fish floating past,” Cornell said. “All of us felt as if we had bad allergies — like itchy, watery eyes and coughing. And we thought that was the end of it.”

Cornell’s experience is not unique. Respiratory symptoms have been reported in a number of Gulf Coast counties, according to the Florida Fish and Wildlife Conservation Commission.

The state is dealing with a toxic algae problem on multiple fronts, with colorful names like “red tide” and “green slime.” A marathon bloom on its west coast is leaving dead fish, sea turtles, manatees and even a whale shark in its path. Experts say it poses a risk to people, as well.

This prompted Gov. Rick Scott to declare a state of emergency Monday for affected counties.

“I am issuing an emergency declaration to provide significant funding and resources to the communities experiencing red tide, so we can combat its terrible impacts,” Scott said in a news release.

Although red tides happen around the world, this one is caused by an organism almost exclusively found in the Gulf of Mexico: a single-celled organism called Karenia brevis.

K. brevis produces toxins that cause “neurotoxic shellfish poisoning,” according to the US Centers for Disease Control and Prevention.

“These shellfish, over time, they accumulate high concentrations of these toxins, but it doesn’t seem to affect them at all. Then humans come along and eat shellfish, and they get very sick,” said Larry Brand, professor of marine biology and ecology at the University of Miami Rosenstiel School of Marine and Atmospheric Science.

This can lead to symptoms such as numbness, tingling, loss of coordination, vomiting and diarrhea, according to the CDC. Symptoms typically disappear within a few days, but they can last much longer.

Brand said that this is “not much of a problem anymore” because Florida authorities shut down shellfish harvesting during red tides. Some harvests may also be tested for toxins before they are sold, according to the conservation commission.

But those toxins, known as brevetoxins, can also become airborne as waves break, bursting K. brevis cells in the process. Aerosolized toxins can travel several kilometers inland from the beach and be inhaled by humans. This can lead to respiratory problems, especially for people with asthma, according to the National Institute of Environmental Health Sciences.

“It’s like being hit with a tear gas,” Brand said.

Using hospital records, researchers have found that respiratory and gastrointestinal illnesses increase during red tides. In one study, hospital admissions for respiratory diagnoses jumped 54% for coastal residents.

K. brevis thrives in saltwater. In freshwater, however, there are blue-green algae — which could be any of thousands of species of cyanobacteria.

Cyanotoxins can be ingested through contaminated water, fish and blue-green algae dietary supplements, according to the CDC. They can cause stomach pain, headaches, rashes and even kidney and liver damage, although no one is reported to have died from these toxins in the United States, the agency said.

Brand’s current research aims to find out to what extent these toxins can be aersolized, too.

The most widespread toxins from these algae, called microcystins, are “being produced right now by these blooms in Lake Okeechobee” and other bodies of water, Brand said. But there could be other toxins we don’t know about because they haven’t made people acutely ill, leading scientists to the cause.

“A bunch of people get sick about the same time, same location, and you could track it back to the source. And that’s how we discovered all these toxins,” Brand said. “There’s almost certainly other toxins being produced by these cyanobacteria that we have not discovered yet.”

Brand worries that toxins might pose long-term health risks, but that’s much less clear. For example, some evidence suggests that one kind of microcystin can cause cancer down the line, but the US Environmental Protection Agency says the research is too limited to say so definitively. Researchers have linked a different algal toxin to neurodegenerative diseases such as Alzheimer’s and amyotrophic lateral sclerosis, but other studies have refuted the connection.

“If you see a bloom of cyanobacteria, you should simply assume it’s got toxins in it,” Brand said. “Don’t go swimming in that water. Don’t eat any seafood from that water.”

Algae can be present throughout the year, affecting humans when there’s a “bloom,” or overgrowth.

In Florida, these blooms normally start in October and end in winter, but the current one has persisted, becoming the longest on record since 2006, the year after Hurricane Katrina and other storms rocked areas along the Gulf of Mexico. That red tide lasted 17 months.

This past year, Hurricane Irma may have been partly to blame. The storm moved nutrients that were inland into coastal waters, helping algae grow, according to NASA. Dumping of fertilizer and human waste into the water also contributes to some algae blooms, Brand said.

“When you start feeding these things with all these excess nutrients … now you’ve got what we call a ‘harmful algal bloom,’ ” Brand said. “Now you’ve got high concentrations of toxins, and now you’re causing a lot of human health [problems] as well as destruction of the ecosystem and so on.

“This is not just a unique situation in Florida. This is a global problem.”

from FOX 4 Kansas City WDAF-TV | News, Weather, Sports https://fox4kc.com/2018/08/16/red-tide-and-green-slime-floridas-toxic-algae-problem/

from Kansas City Happenings https://kansascityhappenings.wordpress.com/2018/08/16/red-tide-and-green-slime-floridas-toxic-algae-problem/

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benrleeusa · 7 years

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[Eugene Volokh] Short Circuit: A roundup of recent federal court decisions

(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)

Friends, if you’ve been hankering for a primer on the Arizona Constitution’s protections for the right to earn an honest living, which have waxed, waned, and (we hope) may soon wax again, you are in luck. IJ-Arizona attorneys Paul Avelar and Keith Diggs recently published just such a primer in the Arizona State Law Journal. Click here to read it.

Magazine publishes, retracts fabricated account of gang rape at fraternity party. Can three frat brothers who were not identified by name but allege they were readily identified (by friends, family, acquaintances) sue the magazine and the writer? Two can, says the Second Circuit. And (over a dissent) all three can pursue a separate defamation claim concerning whether the article implied that pledges had to participate in (or at least turn a blind eye to) gang rape to join the fraternity.

Palmerton, Penn., high school football player exhibits clear signs of concussion; coach puts him back in. He takes another big hit, sustains brain injury. Third Circuit: The coach could have foreseen that and was deliberately indifferent. But there was no case law at the time alerting him he could be liable, so the student can’t sue.

Allegation: Substitute custodian reluctantly acquiesces to sexual advances of head custodian at Atlantic City, N.J. school, is assigned fewer hours when she ceases to acquiesce. Third Circuit (over a dissent): Though he was only one of the many head custodians at different district schools who could assign her work, he was her supervisor. She can sue the school board.

DEA agents relieve two travelers of $41K at Cleveland airport. (No charges filed.) The travelers file paperwork contesting forfeiture. Prosecutors: In which they failed to detail how they came by the cash, which unfairly burdens our efforts to confirm or disprove their story. The court can’t consider their claims. Sixth Circuit: That is not the rule. The gov’t bears the burden of proof and can’t force property owners to do its work for it.

Milwaukee jail officer tells detainee suspected of faking medical distress that he’s to be treated like an animal. Officers don’t render aid when he writhes on the floor, moans, drools, spits, soils himself, bleeds, says he can’t breathe. He dies. District court: Qualified immunity and pay $300K sanctions and attorneys’ fees for (among other things) bringing baseless claims against parties who were only in contact briefly (if at all) with the deceased. Seventh Circuit: No qualified immunity and reconsider whether sanctions are appropriate.

Chicago law bans pet shops from obtaining animals from private breeders; pups must come from city shelters or nonprofits. Seventh Circuit (over a dissent): No need to let plaintiffs present evidence that the ban actually harms animals while disproportionately burdening out-of-state breeders (thus violating the Commerce Clause); dismissed on the pleadings.

Dog runs on highway near St. Joseph, Mo.; vehicles swerve at high speed to avoid it. An officer stops traffic, attempts to chase the dog off the highway. No luck. He shoots, wounds it, and administers coup de grâce after it drags itself onto median. Eighth Circuit: Qualified immunity. “A dog owner’s protected property interest wanes if her pet escapes.”

A San Francisco law requiring warning labels on soda and other sugary drinks is deceptive and likely violates the First Amendment, says the Ninth Circuit (with pictures). However, if officials tweak the language a little bit so as to say overconsumption of sugar may contribute to ill health…

To resolve lawsuit filed by the DOJ, Seattle police department adopts policy requiring officers to attempt de-escalation (when possible) and use reasonable force to resolve tense situations. (A federal compliance monitor reports that officers’ use of force has since declined significantly without increased crime or injuries to officers.) Police officers: The policy violates our Second Amendment right to self-defense. Ninth Circuit: Novel but no.

Man purchases “Cobra Sexual Energy” dietary supplement, finds it does not enhance his sexual performance or imbue him with “animal magnetism.” May his class action proceed even though the deadline to appeal may have passed? Ninth Circuit: There’s a circuit split on the issue, but we say yes.

Orange County, Calif., officers looking for son arrest father, a septuagenarian, tearing his rotator cuff. Realizing their mistake, they search the father’s home, going through drawers and cabinets where the son obviously won’t be found. Ninth Circuit: No qualified immunity for allegedly keeping the father handcuffed in patrol car in retaliation for his argumentativeness. But (over a dissent) he can’t press his excessive force claim. (Perhaps the father was feeling argumentative because of a previous warrantless raid.)

A California ban on force-feeding ducks and geese is not preempted by federal law, says the Ninth Circuit. Californians may still obtain foie gras, however, so long as it’s from non-force-fed fowl.

Reasoning that coal mining at two sites on Wyoming’s Powder River Basin (which produce 20 percent of the nation’s annual coal supply) will not impact climate change, the feds permit mining to continue. Tenth Circuit: No need to vacate the permits just now, but that does not make sense. Concurrence: We should have reached this result without commenting on the merits of climate science, which is not so settled as the majority suggests.

To get the premium features cable TV provider provides, one must rent a set-top box from the provider — and not from competitors (who do not currently exist but might emerge). Antitrust violation? Jury: Yup. Pay $6.31 mil damages. Tenth Circuit (over a dissent): Actually, no.

Company builds wind farm on private land in Osage County, Okla., digs up rocks, crushes them and pours them into the (10-foot-deep, 60-foot-wide) foundations for the turbines. Tenth Circuit: Which is mining. The company needed a federal mining permit.

District court: Fracking regulations promulgated by the Obama administration are invalid; the Bureau of Land Management needed the OK from Congress before creating them. Tenth Circuit: The case is prudentially unripe, as the current administration is in the process of withdrawing the rules.

Woman suing employer for discrimination fails to disclose the lawsuit as an asset in bankruptcy filings. Must the suit be dismissed? Overturning circuit precedent, the en banc Eleventh Circuit says no, not necessarily. If the trial judge thinks the plaintiff made an honest mistake, the case can proceed.

Police find man suspected of sexual assault, armed robbery with the complainants’ property. He’s convicted. D.C. Court of Appeals (over a dissent): Reversed. Police needed a warrant to locate him with a stingray device, which tricks cellphones into revealing their location.

Last week, Illinois Gov. Bruce Rauner signed a civil forfeiture reform bill into law, making Illinois the 25th state to strengthen protections for property owners. The law eliminates the state’s “cost bond” requirement (which forced property owners to put down a bond — the greater of $100 or 10 percent of their property’s value) to challenge a forfeiture, shifts the burden of proof from property owners to the state, and institutes new auditing and reporting requirements. Click here for more.

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nancyedimick · 7 years

Text

Short Circuit: A roundup of recent federal court decisions

(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)

A California ban on force-feeding ducks and geese is not preempted by federal law, says the Ninth Circuit. Californians may still obtain foie gras, however, so long as it’s from non-force-fed fowl.

Originally Found On: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/25/short-circuit-a-roundup-of-recent-federal-court-decisions-74/

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wolfandpravato · 7 years

Text

Short Circuit: A roundup of recent federal court decisions

(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)

A California ban on force-feeding ducks and geese is not preempted by federal law, says the Ninth Circuit. Californians may still obtain foie gras, however, so long as it’s from non-force-fed fowl.

Originally Found On: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/25/short-circuit-a-roundup-of-recent-federal-court-decisions-74/

#Law #Lawyer

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