by Marion Nestle

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Dec 13 2016

Lawyers file class action against leading pet food companies. The issue? Prescription pet foods.

Attorneys in California Minnesota, Georgia, and North Carolina have filed a class action lawsuit in California against the leading manufacturers and sellers of pet food: Mars, Nestlé (no relation) Purina, Hills, Petsmart, and several veterinary hospital chains owned by one or another of these companies.

Why?  Prescription pet foods cost more but are no different than any other kind of pet food.

As the complain puts it:

  • Defendents’ prescription pet food contains no drug or other ingredient not also common in non-prescription pet food.
  • Defendents’ marketing, labeling, and/or sale of prescription pet food is deceptive, collusive, and in violation of federal antitrust law and California consumer-protection law.
  • Defendents are engaged in an anticompetitive conspiracy to market and sell pet food as prescription pet food to consumers at above-market prices that would not otherwise prevail in the absence of their collusive prescription-authorization requirement.

As Malden Nesheim and I explained in our book Feed Your Pet Right (which is really an analysis of the pet food industry), all compete-and-balanced pet foods must meet identical nutritional standards.

The only difference between the most expensive and cheapest commercial pet foods is in where the ingredients come from.  When writing our book, we could not find any research demonstrating that pets eating the most expensive commercial brands were any healthier than those eating the cheapest.

No pet food company would want to do research like that.   Much more and better research is needed.

The lawsuit charges that the companies are using prescriptions to raise the price of the products.

The complaint is interesting to read.

  • Item 46 points out that prescription pet food does not follow FDA requirements for manufacture, does not appear in the FDA’s “green book” listing approved animal drugs, and is made from the same ingredients found in common pet foods.
  • Item 53 points out that nobody would purchase prescription pet food at higher prices, “if not for the misleading marketing described herein.”

I will be watching this one with riveted interest.  Stay tuned.

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Dec 12 2016

Food-Navigator-USA’s special edition on food labeling and litigation

This is one of FoodNavigator-USA’s special edition collections of articles on similar themes, in this case food labeling and lawsuits over labeling issues.  These are a quick way to get up to speed on what’s happening from a food industry perspective .  FoodNavigator introduces this collection:

Food and beverage companies have faced a tsunami of false advertising lawsuits over the past five years. But how big of an issue is this for the industry, who has been targeted, and what strategies are working, both for plaintiffs and defendants in these cases? In this special edition, we also look into labeling issues and trends, from healthy, Paleo and grass-fed claims to NuTek’s potassium salt petition.

Dec 9 2016

Weekend reading: Chow Chop Suey

Anne Mendelson.  Chow Chop Suey: Food and the Chinese American Journey.  Columbia University Press, 2016.

When this book was sent to me for a blurb, my first thought was do we really need another book about Chinese food in America? As it turns out, we most definitely do.  I did the blurb, and happily:

Chow Chop Suey is an eye-opener, a book that will give everyone a deep appreciation of the exquisite skill required to produce authentic Chinese food and the sweep of history that brought Chinese cooking to America.  Anne Mendelson’s prodigious research has given us a highly respectful, insightful, refreshing, wonderfully written, and utterly compelling account of the role and plight of Chinese restaurant workers in this country.  I learned something new on every page.

An excerpt to give the flavor, from a section explaining the problems with translating Chinese cooking to American cooks.  In discussing an early attempt by Mrs. Yuenren Chao and her daughter Rulan:

Apparently Professor Chao had found Rulan’s translation too neatly compressed into proper usage and gone through it in a correctness-be-damned spirit, supplying back-formations with a more original take on Chinese nuances.  The result was sentences like “Roughly speaking, ch’ao [stir-frying] may be defined as a big-fire-shallow-fat-continual-stirring-quick-frying of cut-up material with wet seasoning.”  Anyone who has ever seen the action in a Chinese kitchen will recognize this as an unerring slap shot.

If, like me, you don’t think Chinese food is nearly as delicious as you remembered it from your childhood, you are right and this book explains why.

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Dec 2 2016

Weekend reading: Fixing the Food System

Steve Clapp.  Fixing the Food System: Changing How We Produce and Consume Food.  ABC-Clio, 2017  (but it’s out).

I wrote the Foreword to this book.  Here’s what I said:

In this welcome addition to my library of books about food policy and politics, Steve Clapp’s Fixing the Food System reviews the past and current history of calls for a national food policy, the most contentious controversies over food and nutrition issues that have impeded development of such a policy, and the work of advocates to achieve one.   As this book makes clear, this history began decades ago.

I first became aware of the importance of federal food policies in the early 1980s when I was teaching nutrition to medical students at the University of California San Francisco (UCSF).  First-year students were eager to learn about nutrition, but for personal more than for professional reasons.  They wanted to know what they—and the patients whose health problems they were learning to treat—should eat.  But by the time they were residents, I could see their dietary concerns vanish under the daily demands of patient care.  Trying to advise about diets was too difficult, time-consuming, and financially unrewarding to be worth the trouble.  It seemed unreasonable to expect doctors to take the time needed to counsel individual patients about the prevention of diet-related conditions—heart disease, type 2 diabetes, cancer, and the like.  If nutritionists like me wanted to focus on disease prevention rather than treatment, we would have to advocate to change the food environment to make healthful food choices the easy choices—even better, the preferred choices.  This meant we would have to advocate for food and nutrition policies aimed at promoting public health.

In 1983, I co-authored an article with UCSF colleagues on the need for such policies.[i]  It began:

The U.S. government helps to assure an adequate food supply for Americans by sponsoring a wide variety of food, nutrition, and agricultural support programs.  These federal activities were developed in the absence of a clearly articulated national policy, a situation that has resulted in the fragmentation of government programs and their wide disbursement among numerous agencies and departments.

Our article quoted the earliest calls we could find for a national policy to address these problems.  In 1974, long before the term “food system” came into common use, the National Nutrition Consortium of four leading nutrition and food science societies[ii] argued for a national nutrition policy that would:

  • Assure an adequate, wholesome food supply, at reasonable cost, to meet the needs of all segments of the population.
  • Maintain food resources sufficient to meet emergency needs and to fulfill a responsible role as a nation in meeting world food needs.
  • Develop a level of sound public knowledge and responsible understanding of nutrition and foods that will promote maximal nutritional health.
  • Maintain a system of quality and safety control that justifies public confidence in its food supply.
  • Support research and education in foods and nutrition with adequate resources and reasoned priorities to solve important current problems and to permit exploratory basic research.

Whether offered as nutrition or food policies, these were and remain highly appropriate goals for an abundant, healthy, safe, and effective food system.

My co-authors and I went on to identify the constraints that then limited government action to achieve such goals.  Despite an emerging consensus on the basic elements of healthful diets—fruits and vegetables, balanced calories, not too much junk food (as Michael Pollan put it more recently, “eat food, not too much, mostly plants”[iii])—the greatest impediment to policy development was the controversy over the science of diet and health.  As our article understated this issue,

The effect on the nation’s health of food processing and other changes in the U.S. diet is controversial.  Salt, sugar, fiber, saturated fats, alcohol, caffeine, calories, vitamins, and food additives all elicit vigorous debate.

Today, more than 30 years later, we are still arguing about that science, and the scientific arguments still impede policy development.  In Fixing the Food System, Steve Clapp brings us up to the minute on federal progress (or the lack thereof) toward achieving a clearly articulated national food policy.  He begins and ends his book with the most recent policy proposals from leading food advocates Michael Pollan, of course, but also Mark Bittman, Olivier de Schutter, and Ricardo Salvador.  Their recent suggestions for improving our current food system reflect the many changes in agricultural production and food consumption that have taken place since 1974 but retain the basic elements of those earlier proposals.  Fixing the Food System explains why a national food policy is so badly needed and matters so much.

Steve Clapp is in a unique position to comment on food policy issues.  He’s been at the policy game for a long time.  I don’t remember when I first met him but I have been reading his work since he reported for the Community Nutrition Institute’s newsletter, Nutrition Week.  For those of us outside the Beltway in those pre-Internet days, Nutrition Week was a lifeline to the ins and outs of food politics in Washington, DC.   Later, when Steve moved to Food Chemical News, also—and still—a lifeline, I continued to read his reporting.  I often ran across him at meetings and hearings in Washington, DC and found it instructive to read what he wrote about those deliberations, not least because he got it right.

I say all this because he has been a keen observer of the food politics scene in Washington for decades and I can’t think of anyone who ought to know it better.  Fixing the Food System reviews the major debates he witnessed—the Dietary Guidelines, of course, but also attempts to set policy for food safety, marketing to children, hunger in America, and humane treatment of farm animals, among others.

Over the years, he also observed the work of policy advocates, and this book includes profiles of many individuals engaged in this work, some likely to be familiar to readers, whereas others may not.  Impossible as it is for me to judge whatever impact my own writing and advocacy might have, I am honored to be included among those whose work he presents.

Fixing the Food System describes political arguments over the kind of food system we ought to have and what an ideal system should accomplish.  But it is also about the importance of personal and political advocacy for a better food policies, those aimed squarely at promoting public health and environmental sustainability.

Advocacy makes a difference.  Advocates are scoring successes in improving one after another aspect of the food system.  In comparison to the 1970s or 1980s, we now have better food in supermarkets, more organic foods, more farmers’ markets, more nutritious food in schools, and impressive declines in consumption of sugary drinks.  My personal favorite among indicators of advocacy success—the change that makes me most optimistic—is the increasing number of college students who care deeply about food issues.  They are demanding local, seasonal, organic, and sustainably produced food in their cafeterias, and campus vegetable gardens.  And they are demanding and getting food studies courses and programs like the ones we started at New York University in 1996 that teach about how food is produced and consumed and the practical and symbolic meanings of food in modern culture and societies.  Today’s students are tomorrow’s advocates for healthier and more sustainable diets for everyone, everywhere, and for fixing what needs fixing in our food systems.  This book is a great starting place for this work.

–Marion Nestle, New York, June 2016

[i] Nestle M, Lee PR, Baron RB.  Nutrition policy update.  In: Weininger J, Briggs GM, eds.  Nutrition Update, Vol. 1.  New York: John Wiley and Sons, 1983:285-313.

[ii] National Nutrition Consortium, Inc.  Guidelines for a national nutrition policy.  Nutrition Reviews 1974;32(5):1253-157.  The Consortium included the American Institute of Nutrition, the American Society for Clinical Nutrition, the American Dietetic Association, and the Institute of Food Technology.

[iii] Pollan M.  In Defense of Food: An Eater’s Manifesto.  Food Rules: An Eater’s Manual.  Penguin Press, 2008.

Nov 23 2016

Tonight is Thanksgiving Eve: Eat Pizza?

What with holiday travel and all, it’s a slow news week, so I am indebted to the American Pizza Community for a press release informing me of an American holiday I had no idea existed: Thanksgiving Eve.

Apparently this holiday comes with its own tradition: pizza.

“Pizza,” says the press release, “is tradition for millions of families on Thanksgiving Eve.”

According to the American Pizza Community (APC), pizza is frequently chosen around celebratory occasions and large family gatherings because having a highly-customizable, oven-baked meal delivered to your door is an easy choice for big crowds…The night before Thanksgiving is one of the five busiest days of the year for pizza orders.  Some of the larger pizza companies estimate that they will sell more than one million pizzas on Thanksgiving Eve.

How come?  According to the APC, which is a trade and lobbying association “a coalition of the nation’s large and small pizza companies, operators, franchisees, vendors, suppliers and other entities,”

  • Pizza offers wholesome-quality, customizable ingredients that are sure to satisfy a whole group.
  • Pizza is a flexible option: pick it up, dine in or have it delivered. Any way you slice it, it’s hot, fresh and easy.
  • Pizza is a low-stress choice.  You don’t have to pile everyone into a car to go out the night before a long day of travel.
  • Pizza is the perfect meal to bring people together and for many special celebratory occasions. It’s a convenient and communal meal that is meant to be shared, and is a real crowd pleaser.

The American Pizza Community’s “coalition was formed in 2010 to advocate for policies affecting pizza companies and operators including menu and labeling information, fair wages, work opportunity tax credit, background checks, tax policies and small business access to capital.”

This is the group that succeeded in getting Congress to insist that pizza is counted as a vegetable in school lunch programs, and is doing all it can to make sure that pizza places do not have to put calorie labels on their menus.

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Nov 17 2016

FoodNavigator-USA’s Special Edition: Food allergy and intolerance

FoodNavigator.com does occasional “special editions” in which they collect articles on particular topics from the perspective of their food-industry audience.  This one is on food allergies and intolerances, about which remarkably little is known.  If you are allergic or intolerant, the best you can do is hope for an accurate allergy test or do everything you can to avoid the food that triggers reactions.  Good luck with that since allergies are hard to diagnose and allergenic ingredients sneak into a great many foods and are not always revealed on labels.

FoodNavigator begins with Food allergy 101: Are you up to speed?

Food allergy is on the rise in many countries, but how many people are impacted in the US? We’ve collected some facts and figures from Food Allergy Research and Education (FARE), the world’s largest private source of funding for food allergy research; the CDC (Centers for Disease Control and Prevention); and NIAID, the lead institute at the National Institutes of Health conducting research on food allergy… Display [this site has basic statistics on prevalence and basic definitions of terms]

The lowdown on food allergy and intolerance: In conversation with Dr Steven TaylorMost researchers agree that the prevalence of food allergies is increasing in the US. Yet the amount of money spent on finding out why is surprisingly low, says one food allergy expert… Read

Soup-To-Nuts Podcast: Is low-FODMAP the new gluten-free? For the 45 million Americans who suffer from irritable bowel syndrome, identifying food that they can safely eat without triggering a flare up is a source of deep frustration that also could be a sizable market opportunity for innovative food and beverage companies that can provide an easy solution… Listen now

Allergen-friendly, free-from claims offer marketing potential beyond conventional food, beverageWith the number of Americans with food allergies and sensitivities increasing, free-from claims have become du jour in the conventional food and beverage space, but they remain relatively rare in the supplement segment and as such offer manufacturers a powerful tool to set their products apart. .. Read

Leadbetter’s realigns to focus on allergy-friendly manufacturing: ‘Our growth curve is very steep’San Francisco-based Leadbetter’s Bake Shop has stopped making English muffins, its flagship product, and changed its name to Better Bakeries as it focuses on building an allergy-friendly food manufacturing and co-packing business designed to bridge the gap between Mom & Pop scale operators and the big guns in gluten-free… Read

Elevation Brands CEO: Gluten-free bakery is saturated, but there’s a ton of white space in other allergy-friendly categoriesThe world will probably keep turning without another gluten-free cookie or cracker, but there is a ton of white space for allergy-friendly foods in other parts of the store, and untapped opportunities in c-stores, club stores, schools, and in Mexico, where the gluten-free retail market is set to “explode,” says the CEO of Elevation Brands, the parent company of Ian’s. .. Read

‘First’ entirely gluten-free dining hall opens on US college campusKent State University claims to have opened the first certified gluten-free dining hall on a college campus… Read

Gluten-free products are evolving to be more nutritious, flavorful, Firebird Artisan Mills saysThe gluten free market in the US remains hot, but as the category becomes more crowded, manufacturers must offer products with added appeal to stay competitive – such as a protein boost from pulses or an added dose of fiber and flavor with ancient grains, according to experts… Watch now

PepsiCo rolling out gluten-free Quaker oatmeal range across US retailNational distribution under way following limited launch in selected stores late last year… Read

Enjoy Life Foods: Dedicated allergy-friendly sets in the natural aisle are the best way to merchandise free-from foodsWith one in 13 children diagnosed with a food allergy in the US*, ‘allergy-friendly’ foods are now infiltrating every category in grocery. But right now, it still makes sense for most retailers to merchandise them in a dedicated set rather than spreading them around the store, unless you have very clear signage, says Enjoy Life Foods… Watch now

Early introduction of allergens reduces food allergies, suggests studyResearchers say they have “moderate certainty” that introducing allergenic food such as peanuts or egg at an early age reduces risk of developing allergies… Read

Digestive issues attributed to lactose intolerance may be caused by A1 beta-casein protein, suggests study funded by a2 MilkNew clinical research – funded by the a2 Milk Company – lends credence to its claims that many consumers who believe they can’t tolerate lactose (milk sugar) should really be blaming their digestive discomfort on the A1 beta casein protein in milk products instead. However, more human data is needed before this moves beyond the realm of theory into fact, says the National Dairy Council… Read

Quinn Snacks removes more than gluten from pretzels, shows consumers its supply lineHistorically consumers who wanted a gluten-free alternative to a wheat-based product had to sacrifice nutrition, taste or accept the presence of other common allergens in the ingredient list. .. Read

60-second interview, Beneo: Is rice still the first choice in gluten-free recipe formulation? Rice flours and starches dominated the first generated of gluten-free goods, particularly in the bakery segment, but are they still the #1 choice in formulators’ toolkits? FoodNavigator-USA caught up with Pierre Donck, regional product manager at rice ingredients specialist Beneo Inc, to find out… Read

Nov 16 2016

Sweet post-election thought: how much peanut butter (Nutella, really) is a serving?

I am just getting around to the burning question of how much peanut butter constitutes a serving size.

Earlier this month, the FDA put out a call for comments on this question.  In FDA-speak: “the Appropriate Product Category and Reference Amount Customarily Consumed for Flavored Nut Butter Spreads and Products that Can Be Used to Fill Cupcakes and Other Desserts.”

The FDA is inviting comments (note that a RACC is “Reference Amount Customarily Consumed”)

in part because it recently issued a final rule updating certain RACCs, and the agency has also received a citizen petition asking that it either (1) issue guidance recognizing that “nut cocoa-based spreads” fall within the “Honey, jams, jellies, fruit butter, molasses” category for the purposes of RACC determination, or (2) amend the current regulation relating to RACCs to establish a new RACC category for “nut cocoa-based spreads” with a RACC of 1 tablespoon.

What on earth is this about?  Ask: Who could possibly care?  The answer: Nutella.

As CNN explains, the “citizen petition” comes from Ferrero, the maker of Nutella, which has been trying for two years to get the FDA to reduce the serving size.

Why?  Because the current serving size is two tablespoons—200 calories.

Nutella thinks you might buy more if the serving size were one tablespoon and only 100 calories.

CNN quotes Nutella’s latest petition:

Ferrero’s most recent advertising and promotion has advocated the consumption of a balanced breakfast with the inclusion of Nutella as a tasty, complementary spread to add on to nutrient-rich whole grain breads, fruits, and dairy products.

CNN also notes that

In 2012, Ferrero settled a class-action lawsuit for $3 million after a 4-year-old’s mother claimed she was shocked to discover that the hazelnut-chocolate spread — whose first two ingredients are sugar and palm oil — was nutritionally similar to a candy bar despite being advertised as a healthy breakfast option.

I swear I am not making this up.

If you care to comment, go to http://www.regulations.gov and type FDA-2016-N-2938 in the search box.

The relevant documents:

Nov 10 2016

Why food politics matters: the importance of bread and community

Yesterday morning, post-election, I received an email from Steffan Sander, who bakes fabulous hard-crust bread in Tompkins County.  He runs a bread CSA, to which my partner and I happily belong.

I asked his permission to share his message.

Oh! My Dearest Breadfriends,

My heart goes out to each and all of you. Here we have been up till all hours, and then sleeping fitfully. Bakers do that anyway, but last night was different.

We started the bakery a little more than five years ago. Why? Because we were hungry for good bread. Because we wanted to work and play with our dear friends. Because it seemed like the right thing to do at the time. But it was more than that.

We built this bakery because we had a vision–of a place that would nurture our community, that would feed us all honestly and with the fruits of our shared soil and water. We saw the bakery as a place where skilled and hard work would be applied to simple materials, and that our work would then feed us all. We envisioned loaves shaped with care, each embodying our attention and love. We imagined those loaves shared and eaten, given away, or simply (if briefly) appreciated as a source of quietness. Nourishment.

There have been days–too hot or too long or too dry or too wet–when all of that has seemed a dream. But this morning, I feel it more strongly than ever. What I saw last night was half a country intoxicated by the pleasure of finally being allowed to openly express anger, resentment, and hatred. It is that awful pleasure that concerns me. I do not think it will subside anytime soon.

There will be plenty of work to do in the weeks and months to come.

For now, I wanted to tell you this about our bakery: we rededicate ourselves to kindness, to generosity, to difference, to complexity, to respect, and to reason. We rededicate ourselves to hard work, to vision, and most of all, to love.

With great and sorrowful affection,

Stef

This is why the food movement matters and is such a source of hope—and pleasure.

Thanks Stef.