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It’s been a busy couple of weeks on the organic front.

To put the events in context:Organics cost more.

• Consumers spend about $30 billion on organics each year, and the numbers are rising.
• Industrial food companies are cashing in on the market by buying up organic companies.
• Big Organics want the rules to be as lenient as possible to all them to follow the letter of the organic standards without having to adhere to their spirit.
• Organic production, which uses only approved pesticides and fertilizers, is an explicit critique of industrial food production methods.

The White House non-organic garden

I think this photo comes from Jerry Hagstrom who must have seen it on the day of the annual Easter egg roll.

Sam Kass denies that the White House garden is organic.  He told Hagstrom that “the sign was part of the Easter Egg Roll, not part of the kitchen garden…The planners of the Easter Egg Roll put up the sign…and he did not see it until he went down to the South Lawn during the event.”  The garden uses “organic practices.”

The “academic” attack on the integrity of organic certification

A report from something called Academic Reviews draws a conspiracy-theory picture of organic farmers:

Our review of the top 50 organic food marketers….reveals that anti-GMO and anti-pesticide advo­cacy groups promoting organic alternatives have combined annual budgets exceeding $2.5 billion annually and that organic industry funders are found among the major donors to these groups…These findings suggest a widespread organic and natural products industry pat­tern of research-informed and intentionally-deceptive marketing and advocacy related practices that have generated hundreds of billions in revenues.

Finally, the findings strongly suggest that this multi-decade public disinformation campaign has been conducted with the implied use and approval of the U.S. government endorsed USDA Organic Seal in direct contradiction to U.S. government stated policy for use of said seal….As a result, the American taxpayer funded national organic pro­gram is playing an ongoing role in misleading consumers into spending billions of dollars in organic purchasing decisions based on false and misleading health, safety and quality claims.

Michele Simon points out that the report is the work of the two founders of the publication, which is supported by an impressive list of food and biotechnology industry supporters.

The authors  make no statement about conflicts-of-interest.

What Americans really think about organics

Consumer Reports has a new survey of the attitudes toward organics of 1,016 adults.  The survey found:

• 84% buy organic food and 45% but them at least once a month.
• 81% think organic means no toxic pesticides (there are exemptions for some for up to five years).
• 91% think organic produce should not use pesticides.
• 61% think no antibiotics are used (there’s an exemption for streptomycin on apples and pears).
• 86% think antibiotics should not be used.
• 92% want a federal organic standard for fish.
• 84% think the use of artificial ingredients in organic products should be discontinued, if not reviewed, after 5 years.

The fight between Big and Small Organics over the organic standards

The National Organic Standards Board (NOSB) is meeting in San Antonio this week.  Advocates for maintaining the highest possible standards for organic production are worried about the NOSB’s notice last September to eliminate the rule that synthetic materials approved for the organic production be reviewed every five years (see Federal Register).

Advocates for Small Organics worry that the NOSB’s actions will damage the credibility of the USDA organic seal.  Some members of Congress agree.

the Organic Consumers Association (OCA) and March Against Monsanto San Antonio (MAMSA) staged protested the sunset of the 5-year rule at the meeting.

OCA says the NOSB made the change

• Without public input, even though
• It weakens organic standards
• It will allow more synthetic ingredients in organic production, and
• Because the 15-member board has so many Big Organic representatives

Here’s a photo of the protest.  Things must have gotten hot and heavy.  The political director of the Organic Consumers Association was arrested.  The group issued this statement:

When the bureaucrats running the USDA National Organic Program (NOP) call in the police to remove the political director of the Organic Consumers Association for protesting an illegal policy change, and continue to ignore the expressed concerns, and block her from attending the public meeting today, it’s clear that we need a new balance of power between the organic community and the organic industry.

This is the price of success for organics.  Everyone wants to cash in.

Addition: Ellen Fried reminds me of this terrific graphic of who owns what in organics.

Yesterday, Health Commissioner Mary Bassett announced that the National Alliance for Hispanic health and nine other New York City organizations had filed an amicus—“friend of the court”—brief in support of the ban on sales of sodas larger than 16 ounces (the “soda cap rule”).

The amicus brief filed today…is a reminder of what this rule is about: protecting the health of New Yorkers. Corporate lawsuits and well-financed marketing campaigns do not change the documented scientific fact that there is an obesity and diabetes epidemic in our city, with the epicenter in our poorest neighborhoods. We must protect New Yorkers from corporate practices that value profits at the expense of their customers’ health.

The Alliance issued its own statement.

“The beverage industry has pursued a strategy of legal obstruction and put profits over the health of its customers,” said Dr. Jane L. Delgado, President and CEO of the National Alliance for Hispanic Health, the nation’s leading science-based advocate for Hispanic health.

The amici brief concludes:

The problem that the Rule addresses – the impact of sugary drinks in contributing to obesity and other diet-related chronic disease – is an issue of importance and urgency  for millions of New Yorkers. The crisis calls for action – including the incremental action of reducing the portion sizes of sugary drinks in restaurants. For the one of every three children born in 2000 who will develop type 2 diabetes, and for the one of every two African-American and Hispanic girls who will get the disease, the question is not whether the Rule was justified but rather “What else is being done?”  It is for their sake that the Rule was adopted. It is for their sake that the Board concluded thaqt the inconvenience to the thirsty of having to order another soda was worth it.  It is for their sake that amici urge this Court to uphold the Rule.

The soda cap rule is on appeal to the State Supreme Court.  According to the Associated Press, a hearing is scheduled for June 4.

Congratulations to the new Commissioner for keeping this idea alive.

Now is the time to tell USDA you support its proposed guidelines for nutrition education, physical activity, and junk food marketing in schools:

The bipartisan Healthy, Hunger-Free Kids Act of 2010 mandated that the USDA set guidelines for what needed to be included in local school wellness policies in areas such as setting goals for nutrition education and physical activity, informing parents about content of the policy and implementation, and periodically assessing progress and sharing updates as appropriate. As part of local school wellness policies, the proposed guidelines would ensure that foods and beverages marketed to children in schools are consistent with the recently-released Smart Snacks in School standards. Ensuring that unhealthy food is not marketed to children is one of the First Lady’s top priorities; that is why it is so important for schools to reinforce the importance of healthy choices and eliminate marketing of unhealthy products.

Here are two easy ways to make sure USDA follows through on the guidelines:

Center for Science in the Public Interest (CSPI) has a website set up for quick letters:

While many schools have adopted policies over the past few years to support healthy eating and physical activity, implementation has not been uniformly strong. USDA’s proposed updates will strengthen implementation, help parents be better informed about the policies, and provide schools with more tools and resources.

The Campaign for a Commercial-Free Childhood (CCFC) asks for signatures on a letter urging the USDA to ban all advertising in schools:

The USDA is urging schools only to limit junk food marketing. By attempting to set a ceiling that prohibits advertising for unhealthy foods, the USDA may set a floor that opens the floodgates for many other types of marketing in schools, setting a dangerous precedent that goes far beyond food.

Now is the time….

Vermont’s governor, Peter Shumlin, says he will sign Vermont’s GMO labeling bill.  The bill, (H112), which passed by a majority of 114 to 30:

• Requires food manufacturers to label GMO products sold in Vermont starting July 1, 2016 (Meat, dairy, liquor and prepared foods sold in restaurants are exempt).
• Will allow labels to say “partially produced with genetic engineering,” “may be produced with genetic engineering,” or “produced with genetic engineering.”
• Says foods containing GMO ingredients cannot be marketed as “natural.”
• Sets aside $1.5 million to pay for the inevitable lawsuits.

As always, the Grocery Manufacturers of America can be counted on to give the industry position.  H112

is critically flawed and not in the best interests of consumers.  It sets the nation on a costly and misguided path toward a 50-state patchwork of GMO labeling policies that will do nothing to advance the safety of consumer.

…The FDA, World Health Organization, American Medical Association and U.S. National Academy of Science have all found that foods and beverages that contain GM ingredients are safe and materially no different than conventionally produced products. Consumers who prefer to avoid GM ingredients have the option to choose from an array of products already in the marketplace labeled ‘certified organic.’

Translation: if GMO’s are safe, they are OK.  Never mind all the other reasons it would be good to label them.

GMOs are the best thing that ever happened to organics.

The lawsuits will, no doubt, invoke the First Amendment.  One attorney, Jonathan Emord, says the bill should be able to withstand the challenge.

Will Vermont’s action lead to a domino effect?  Nearly 30 other states are considering such bills.

Recall that the first company to produce GMO tomatoes intended to label them (I have copies of the label in my files).  But the biotechnology industry put an end to that idea in the early 1990s.

Now it’s paying the price for a bad decision 20 years ago.  I’m surprised this took so long.

More information from FoodNavigator-USA:

• Class action lawsuit v General Mills over all-natural claims and GMOs can proceed, says judge
• Global ID: ‘I wouldn’t say the writing is on the wall for GM crops, but big brands are listening to the signals in the marketplace’
• Pompeo bill would preempt state GMO labeling

You might think that the Supreme Court of the United States would have more important things to do than to weigh in on which of two beverage companies puts less misleading labels on its products, but apparently not.

The highest court in the land takes POM Wonderful’s accusation against Coca-Cola seriously.  Coke’s Minute Maid juice, POM says, is advertised in ways that mislead the public.

POM should know.   It’s been under fire from the Federal Trade Commission for equally absurd label claims.

Here’s the Coca-Cola product at issue.

And here’s what the label says, in case you can’t read it (with emphasis added):

Enhanced Juice/Minute Maid/100% Fruit Juice Blend

Omega-3/DHA/HELP NOURISH YOUR BRAIN

5 Nutrients to Support Brain and Body

Pomegranate  Blueberry Flavored Blend of 5 Juices

From concentrate with added ingredients and other natural flavors

Never mind the nutritional quality or the ridiculous structure/function claims on this particular product (here’s Fooducate’s analysis from 2009—it has 29 grams of sugars, among other things).

POM doesn’t want Coke getting away with selling cheap grape and apple juices as pomengranate juice and undercutting their prices.  Coke’s drink is 99% apple and grape juice; it contains less than 1% pomegranate or blueberry juice.  You would never know that from looking at the label.

Why is the court interested?  The Minute Maid label is legal by FDA standards.  Therefore, can the label be considered misleading?

Coca-Cola won in the lower court, but the Supreme Court seems sympathetic to POM (here’s the transcript of the hearing).

The New York Times account has the best quotes:

Kathleen M. Sullivan, a lawyer for Coca-Cola, said consumers were not misled.

“We don’t think that consumers are quite as unintelligent as Pom must think they are,” she said. “They know when something is a flavored blend of five juices and the nonpredominant juices are just a flavor.”

Justice Kennedy frowned. “Don’t make me feel bad,” he said, “because I thought that this was pomegranate juice.”

It also quotes from Justice Alito:

You don’t think there are a lot of people who buy pomegranate juice because they think it has health benefits, and they would be very surprised to find when they bring home this bottle that’s got a big picture of a pomegranate on it, and it says ‘pomegranate’ on it, that it is — what is it — less than one half of 1 percent pomegranate juice?”

Where is the FDA on all this?  Blame its inaction on the Dietary Supplement Health and Education Act of 1994, which allowed ridiculous health claims on food labels and forced the FDA to keep hands off.

This outcome of this case, silly as it is, will be fun to watch.

JAMA Internal Medicine invited me to comment on an article about the lack of nutrition education in medical schools.  This was written by Nathanial Morris, a second-year medical student at Harvard, who complains about the paucity of nutrition instruction in his curriculum.

Yet the course spanned just 3 afternoons, for a total of 9 hours of instruction…The course directors told us it would be the only time for dedicated nutrition education during our 4 years as medical students. There were no examinations nor interactions with patients. The 1 lecture on obesity lasted 45 minutes…As a medical student, I cannot fathom why medical schools continue to neglect nutrition education.

When I read his article, I didn’t know whether to laugh or cry.  I wrote almost identical articles in the 1980s based on my experience at UCSF (here’s one).

I asked a former UCSF colleague, Dr. Robert Baron, to co-author the commentary with me: Nutrition in Medical Education:  From Counting Hours to Measuring Competence.

Some help from Congress?

It is interesting in this context that various members of Congress are introducing bills to improve nutrition education for medical professionals, for example, the EAT for Health Act and the ENRICH Act.  Thanks to Jamie Berger for alerting me to this legislation and for sending some fact sheets about the bills: EAT for Health / ENRICH.

It’s been nearly 40 years since my involvement in this issue.  Ever optimistic, I’m happy to see some progress at last.

And this just in.

The current issue of the American Journal of Clinical Nutrition has papers from a symposium on nutrition in medical education.  The first was in 1962, so the half-century saga continues.

• Title page, program participants, and TOC:  Am J Clin Nutr 2014;99 1145S-1149S
• Introduction to Nutrition Education in Training Medical and Other Health Care Professionals. Penny M Kris-Etherton, Charlotte A Pratt, Edward Saltzman, and Linda Van Horn. Am J Clin Nutr 2014;99 1151S-1152S
• The need to advance nutrition education in the training of health care professionals and recommended research to evaluate implementation and effectiveness. Penny M Kris-Etherton, Sharon R Akabas, Connie W Bales, Bruce Bistrian, Lynne Braun, Marilyn S Edwards, Celia Laur, Carine M Lenders, Matthew D Levy, Carole A Palmer, Charlotte A Pratt, Sumantra Ray, Cheryl L Rock, Edward Saltzman, Douglas L Seidner, and Linda Van Horn. Am J Clin Nutr 2014;99 1153S-1166S
• Nutrition education in medical school: a time of opportunity. Robert F Kushner, Linda Van Horn, Cheryl L Rock, Marilyn S Edwards, Connie W Bales, Martin Kohlmeier, and Sharon R Akabas. Am J Clin Nutr 2014;99 1167S-1173S
• Residency and specialties training in nutrition: a call for action. Carine M Lenders, Darwin D Deen, Bruce Bistrian, Marilyn S Edwards, Douglas L Seidner, M Molly McMahon, Martin Kohlmeier, and Nancy F Krebs. Am J Clin Nutr 2014;99 1174S-1183S 
• Challenges and opportunities for nutrition education and training in the health care professions: intraprofessional and interprofessional call to action. Rose Ann DiMaria-Ghalili, Jay M Mirtallo, Brian W Tobin, Lisa Hark, Linda Van Horn, and Carole A Palmer. Am J Clin Nutr 2014;99 1184S-1193S
• Policy approach to nutrition and physical activity education in health care professional training. Matthew D Levy, Lisel Loy, and Laura Y Zatz.  Am J Clin Nutr 2014;99 1194S-1201S.

When Walmart announced last week that it would start carrying Wild Oats organic foods at prices at least 25% below those of national brand organics, I had some conflicted reactions.

Walmart’s rationale sounds terrific:

We know our customers are interested in purchasing organic products and, traditionally, those customers have had to pay more,” said Jack Sinclair, executive vice president of grocery at Walmart U.S. “We are changing that and creating a new price position for organic groceries that increases access. This is part of our ongoing effort to use our scale to deliver quality, affordable groceries to our customers.

But Reuters explains what this is really about:

Organic foods accounted for roughly 4 percent of total U.S. food sales in 2012, but growth in the category for years has outpaced the industry overall, buoyed by growing demand for simpler food made from natural ingredients.

Organic foods often cost more than their conventional rivals, and that has limited purchases by the legions of lower-income U.S. shoppers who are needed to propel a niche product into a national player.

Walmart caters to that audience…”If we can make that price premium disappear, we think it will grow much, much faster,” Jack Sinclair, executive vice president of grocery at Walmart U.S., said of the retailer’s small but faster-growing organic sales.

For Walmart watchers, the announcement raises many concerns.

Tom Philpott, writing in Mother Jones before the recent announcement did a brief investigation of Walmart’s organic and local offerings in Austin, Texas:

Of course, Walmart exists to generate profit, not social change. And that may explain the dearth of produce being trumpeted as local and organic in the Austin store I visited. The city teems with farmers markets, Whole Foods branches, and a successful food co-op. With so many options available, shoppers here are likely not heading to Walmart for their heirloom tomatoes. As Prevor [Jim Prevor, the Perishable Pundit] told me, the company tailors its offerings to each region. It will “essentially sell whatever its customers want, as long as there’s a profit to be made.” 

Forbes asks a tough question: Maybe Walmart has just killed the organic food market?

WalMart getting into organics in a big way [may not be] good news for the industry. Most especially when they say that they’re going to eliminate the price premium that organic has traditionally carried…I don’t think it’s revealing anything terribly new to state that those who preferentially buy organic are often those who would prefer not to be thought of as WalMart shoppers.

And Trillium Asset Management, a company that claims to be devoted to sustainable and responsible investing, wonders whether the Walmart plan means that organics have lost their soul:

Wal-Mart’s pledge…is making a whole lot of people very nervous. Wal-Mart’s modus operandi is to keep prices low by driving down costs in the production chain and keeping its own wages low; its competitors’ practices are variations of the same theme, if less cutthroat. Good ol’ American-style capitalism and its frequent bedfellow, inadequate regulation, now threaten to strip “organic” of everything it once stood for (and everything that has made it more expensive): small scale production, gentler treatment of animals, better treatment of farm workers, and the elimination of chemical aids to production.

My personal observations of Walmart stores also make me skeptical.  I haven’t seen some of the previous promises effectively translated into reality.

Walmart says it will roll out the lower priced organics to about half its 4000 stores by this summer.

I’m reserving judgment until I see how these particular promises are implemented in the stores.

This just in: USDA’s latest data on organic agriculture.

This question came in from Lourdes, a reader:

Would you please comment on these cases and the decisions regarding the issue [evaporated cane juice, apparently].

• http://www.law360.com/articles/481315/lifeway-accused-of-masking-smoothies-sugar-content?article_related_content=1.
• http://www.law360.com/articles/524647/cane-juice-labeling-suit-tossed-pending-fda-decision.
• http://www.law360.com/articles/474011/late-july-faces-false-ad-suit-over-evaporated-cane-juice-?article_related_content=1. 

Happy to.

Evaporated cane juice is the food industry’s latest attempt to convince you that crystallizing sugar by this particular method will make you think it is:

• Natural and healthy.
• Better for you than table sugar.
• Much better for you than high fructose corn syrup (HFCS).

Maybe, but it’s still sugar.

Pushed by food companies to let “evaporated cane juice” be used on food labels, the FDA in 2009 issued one of those non-binding guidance documents it loves to do.

Over the past few years the term “evaporated cane juice” has started to appear as an ingredient on food labels, most commonly to declare the presence of sweeteners derived from sugar cane syrup. However, FDA’s current policy is that sweeteners derived from sugar cane syrup should not be declared as “evaporated cane juice” because that term falsely suggests that the sweeteners are juice…. FDA considers such representations to be false and misleading…because they fail to reveal the basic nature of the food and its characterizing properties (i.e., that the ingredients are sugars or syrups) as required by 21 CFR 102.5.

The FDA opened the matter up to public comment last month.  In the meantime, evaporated cane juice is in the courts, where more and more food regulation seems to be taking place days except that judges are balking.

It’s a perfect Catch 22: The courts won’t rule until the FDA issues regulations.  The FDA won’t issue regulations while the matter is in the courts.

The bottom line?  As NPR puts it, “Sugar by any other name tastes just as sweet — and has just as many calories.”

To repeat: Evaporated cane juice is sugar.  Cane sugar is sugar.  All forms of sugar have calories, even when Kale flavored (thanks to Jill Richardson for sending this along).