by Marion Nestle

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Jul 3 2014

“Foodies” unite: happy 4th of July

Mark Bittman got my attention and cheers when he wrote about rethinking the word “foodie.”

I do wish there were a stronger, less demeaning-sounding word than “foodie” for someone who cares about good food, but as seems so often the case, there is not…shifting the implications of “foodie” means shifting our culture to one in which eaters — that’s everyone — realize that buying into the current food “system” means exploiting animals, people and the environment, and making ourselves sick. To change that, we have to change not only the way we behave as individuals but the way we behave as a society. It’s rewarding to find the best pork bun; it’s even more rewarding to fight for a good food system at the same time. That’s what we foodies do.

He also  got the attention of George Lakoff, the Berkeley linguist best known to me for his work on the importance of “framing” advocacy issues—describing them in ways that resonate emotionally.

Lakoff writes:

As a linguist, I know that the “-ie” suffix is a diminutive marker. It is added to children’s names, serves a trivializing function, and otherwise indicates nonserious pursuits (Barbie, Baggie, birdie, hoodie, selfie and so on). The word “foodie” has this element of English grammar built in and cannot be rescued as a term for a serious food advocate…Preparing, cooking and enjoying food connects us to all living things, to the wonders of life, and to the very serious responsibilities of a food advocate.

Let’s hear it for the “very serious responsibilities of a food advocate.”

Foodie that I am proud to be, I do indeed take these responsibilities seriously.

You too, I hope.

Enjoy the long, hot weekend, the fireworks, and the food, of course.

 

Jun 26 2014

NY State Appeals Court says No to Portion Cap Rule

The New York State Court of Appeals issued a decision this morning on the Portion Cap Rule:

PIGOTT, J.:
We hold that the New York City Board of Health, in adopting the “Sugary Drinks Portion Cap Rule”, exceeded the scope of its regulatory authority. By choosing among competing policy goals, without any legislative delegation or guidance, the Board engaged in law-making and thus infringed upon the legislative jurisdiction of the City Council of New York.

Although the decision applies to the Portion Cap Rule, it has a much larger meaning.

The ruling means the Court does not accept the idea that health departments have the right to set health policy for city residents.  I suspect we will be seeing the implications of this ruling for a long time to come.

The city health commissioner, Mary Bassett, issued a brief statement:

Today’s ruling does not change the fact that sugary drink consumption is a key driver of the obesity epidemic, and we will continue to look for ways to stem the twin epidemics of obesity and type 2 diabetes by seeking to limit the pernicious effects of aggressive and predatory marketing of sugary drinks and unhealthy foods.

This doesn’t sound like the city will appeal to the U.S. Supreme Court, but maybe it’s too early to say.

I will post additional comments later, as they come in.  Stay tuned.

Additions:

As I just told a reporter, ”

The key issue here is whether health departments have the right to set policy to protect the health of citizens under their jurisdiction.  This court says no, but this seems precedent-setting. The medical community most definitely should support measures to improve the environment of food choice.  Changing the behavior of individuals is extremely difficult and rarely successful; it works much better to improve the environment so it’s easier for individuals to make healthier choices.

On the court decision: The vote was 4 to 2, with one abstention.   Here’s a quotation from Judge Susan Read’s dissenting opinion:

What petitioners have truly asked the courts to do is to strike down an unpopular regulation, not an illegal one…To sum up, if the People of the City or State of New York are uncomfortable with the expansive powers first bestowed by the New York State Legislature on the New York City Board of Health over 150 years ago, they have every right and ability to call on their elected representatives to effect change. This Court, however, does not…The majority fails to advance any persuasive argument why the judiciary should step into the middle of a debate over public health policy and prohibit the Board from implementing a measure designed to reduce chronic health risks associated with sugary beverages just because the Council has not chosen to act in this area.

The New York Times also quotes from this dissent:

In a blistering dissent of the opinion, Judge Susan P. Read wrote that the ruling ignored decades of precedent in which the Board of Health was given broad purview to address public health matters, such as regulating the city’s water supply and banning the use of lead paint in homes.  The opinion, Judge Read wrote, “misapprehends, mischaracterizes and thereby curtails the powers of the New York City Board of Health to address the public health threats of the early 21st century.”  One justice in the majority, Judge Sheila Abdus-Salaam, seemed to share those concerns, writing in a separate concurrence that “no one should read today’s decision too broadly.”

It’s always amusing to hear what the Washington Legal Foundation, which filed an amicus brief supporting the soda industry’s position, has to say:

New York City’s misguided soda ban was arbitrary, paternalistic, and profoundly inconsistent with separation-of-powers principles. The Court’s decision to strike it down vindicates fundamental constitutional values, protects consumer freedom, and encourages sound regulatory policies.

Jane Delgado of the National Alliance for Hispanic Health’s issued a statement:

 We are deeply disappointed that the court today limited the power of the NYC Board of Health to
act on behalf of the health of New Yorkers… The portion cap rule is the right policy for New York City and communities throughout the nation facing the rise of chronic diseases, such as diabetes.

May 27 2014

Olivier de Schutter finishes tenure as UN Special Rapporteur on the Right to Food

Olivier de Schutter must be finishing up his six-year term as the United Nations Special Rapporteur on the Right to Food.

His final report to the U. N. Human Rights Council

Objectives such as supplying diverse, culturally-acceptable foods to communities, supporting smallholders, sustaining soil and water resources, and raising food security within particularly vulnerable areas, must not be crowded out by the one-dimensional quest to produce more food,

In a speech to the annual summit of the World Health Organisation (WHO), Reuters reports: 

Unhealthy diets are now a greater threat to global health than tobacco. Just as the world came together to regulate the risks of tobacco, a bold framework convention on adequate diets must now be agreed, he said.

De Schutter, who has held his post of special rapporteur on the right to food since 2008 and earlier headed the Paris-based International Federation of Human Rights, reports to the U.N. Human Rights Council in Geneva.

In 2005, a U.N. convention on tobacco control aimed at reducing deaths and health problems caused by the product went into force after long negotiations under the umbrella of the WHO.

In a report to the rights council in 2012, de Schutter said a similar accord on food should include taxing unhealthy products, regulating food high in saturated fats, salt and sugar, and “cracking down on junk food advertising.”

That report also called for an overhaul on the system of farm subsidies “that make certain ingredients cheaper than others”, and for support for local production “so that consumers have access to healthy, fresh and nutritious foods.”

De Schutter  reports that public procurement can and should be used to ‘buy justice’ in food systems (also see press release):

“Public procurement represents a rare opportunity to support more nutritious diets and more sustainable food systems in one fell swoop,” he said, as he released his final publication as UN Special Rapporteur on the right to food.

Recalling that OECD countries spend an average of 12% of GDP on public procurement, and developing countries only slightly less, he identified five principles for using public procurement to support the realization of the right to food:

  • Source preferentially from small-scale food producers and help them to access tenders
  • Guarantee living wages and fair prices along the food supply chain
  • Set specific requirements for adequate food diets
  • Source locally whenever possible and impose sustainability requirements on suppliers; and
  • Increase participation and accountability in the food system

De Schutter has done honorable work as Special Rapporteur and his role in this position will be missed.

Apr 18 2014

CDC’s food safety report card: no happy news

The CDC has just issued its latest report on foodborne illness and food safety progress from 2006 to 2013.

It’s report has a couple of frowny faces—Campylobacter and Vibrio cases are up—and nothing else has changed.

Nothing to smile about.

Laboratory diagnoses of other foodborne microbial illnesses are also rising.

Figure: Changes in incidence of laboratory-confirmed bacterial infections, United States, 2013 compared with 2006-2008 (data are preliminary). Yersinia = 7% decrease, Vibrio = 32% increase, STEC Non-O157  = 8% increase, STEC O157 = 16% increase, Shigella = 14% decrease, Salmonella = 9% decrease, Listeria = 3% decrease, Campylobacter = 2% increase

The food industry needs to do a better job of producing safe food.

Let’s hope the new food safety rules go into effect soon and get followed.

Mar 13 2014

No, the FDA has not approved Sweetmyx: another reason to fix the GRAS regs

Yesterday, Emily Main of Rodale Press sent me this question:

Have you ever heard of this new “sweetness enhancer” that just got approved by the FDA? It’s called Sweetmyx and is made by a company called Senomyx, and is apparently licensed by Pepsi for exclusive use.  All I can really find out about it is that it enhances the sweet flavor of other sugars, so soda companies can use less sugar in their regular products…Do you have any insight about it?

Nope.  Never heard of it..  All I could find out was that Pepsi had an exclusive deal to use it, according to a Bloomberg report.

Sweetmyx, a new ingredient by Senomyx Inc. (SNMX), received approval for foods and beverages, clearing the way for PepsiCo Inc. (PEP) to use it to make lower-sugar beverages taste sweeter.

The Flavor and Extract Manufacturers Association’s expert panel has determined that Sweetmyx is generally recognized as safe as an ingredient, San Diego-based Senomyx said today in a statement. PepsiCo has the exclusive right to use the product, a so-called flavor modifier, in many nonalcoholic drinks under a 2010 agreement.

While I was trying to discover what Sweetmyx is, exactly, this notice came in from the FDA: 

On March 11, 2014, Senomyx, Inc. issued a public statement suggesting that its food ingredient Sweetmyx (also known as S617) was generally recognized as safe (GRAS). The statement appeared to suggest that the U.S. Food and Drug Administration (FDA) had made the GRAS determination. In fact, the agency had not made this determination nor had it been notified by Senomyx regarding a GRAS determination for this food ingredient. The company’s statement has been corrected and now notes that a third party organization made the determination.

A company can make an independent GRAS determination without notifying the FDA. However, the agency does have a voluntary GRAS notification program whereby a company can inform the FDA of the company’s determination. The FDA maintains an inventory of such GRAS Notices on its website, allowing the public to confirm whether FDA has filed and responded to a GRAS notice.

When making a GRAS self-determination, companies should not state or imply that the FDA has made a GRAS determination on their food ingredients.

For more information on the GRAS notification process, please see: Generally Recognized as Safe (GRAS).

Recall from one of my previous posts the shocking gap in FDA regulatory authority over GRAS determinations.

  • Manufacturers get to decide whether food additives are safe or not.
  • Manufacturers get to decide whether to bother to tell the FDA the additives are in the food supply, and even if they do.
  • Manufacturers get to decide who sits on the panels that review the evidence for safety.

In the case of Sweetmyx, the company’s consultant says it’s safe so why bother to see if the FDA agrees.

My questions:

  • Pepsi: don’t you want FDA approval before putting this stuff in your drinks?
  • Chemists: what is Sweetmyx anyway?
  • FDA: don’t you think you ought to take a look at this thing?
  • Congress: how about insisting that the FDA establish a better system for dealing with food additives

Hey, I can dream.

Additions, March 14:

A reader reminds me that the Center for Food Safety filed a lawsuit to get the FDA to do a better job on GRAS determinations (more information is here).

Another reader points out that Coca-Cola also was flirting with Senomyx a few years ago but evidently gave up the idea.

And another notes that Senomyx’s financial report makes it clear that the company knows it has regulatory issues: “Senomyx may be asked to complete additional studies to evaluate and/or monitor the safety of new flavor ingredients in order to maintain applicable regulatory approvals and/or obtain regulatory approvals outside of the United States.”

Nov 28 2013

Happy Thanksgiving: three reports on hunger and politics

New York City’s Coalition Against Hunger has issued a new report on the city’s Superstorm of Hunger.

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Bread for the World’s offers its 2014 Hunger Report: Ending Hunger in America

It comes with an Infographic summarizing the principal action points:

  • Create good jobs
  • Invest in people
  • Strengthen the safety net
  • Build strong partnerships

And Circa provides an illustrated, interactive (check the links!) account of an analysis by the Sunlight Foundation of how lobbyists and tax dollars affect the cost of your thanksgiving dinner.

The bottom line: Agribusiness spent $71 million on campaign contributions and $95 million on lobbying in 2012.  For example:

The National Turkey Federation — a member of an agricultural businesses coalition —has given $1.37 million in campaign contributions since 1989, focused mainly on the House and Senate Agriculture Committees. The group has also spent $3.58 million on lobbying during that time, taking aim at laws for turkey exports and antibiotic rules.

Enjoy your dinner!

Oct 31 2013

Happy food politics Halloween

Thanks to Food and Water Watch for this tidbit.

How much candy do Americans buy—and presumably eat—for Halloween?

According to ConfectioneryNews.com, Halloween is the largest seasonal period for confectionery in the United States generating candy sales of nearly $2.4 billion just in the last two weeks of October.

Enjoy the holiday.

Oct 24 2013

Happy Food Day, 2013

October 24 is Food Day, which its organizer, the Center for Science in the Public Interest (CSPI), calls “a nationwide celebration of healthy, affordable, and sustainably produced food and a grassroots campaign for better food policies.”

Food Day aims to help people Eat Real. That means cutting back on sugar drinks, overly salted packaged foods, and fatty, factory-farmed meats in favor of vegetables, fruits, whole grains, and sustainably raised protein. Food Day envisions shorter lines at fast-food drive-throughs—and bigger crowds at farmers markets.

Food Day is about taking personal responsibility for what you eat—what I like to call “voting with your fork.”

Join the Movement: The most important ingredient in Food Day is you! Use October 24 to start—or celebrate—eating a healthier diet and putting your family’s diet on track.

It is not, alas, about working to change policies that will make it easier for people to make healthier food choices.  For that, you must celebrate World Food Day on October 16 (and see post on that topic)—getting political and voting with your vote!

The food movement needs both (compromise on October 20?).

In honor of both, here’s this from Eat, Drink, Vote.

ClayBennett_Cartoon

 

 

 

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