Food Politics

by Marion Nestle
Jun 1 2012

Mayor Bloomberg’s soda ban proposal hits the wall

Yesterday, New York City Mayor Michael Bloomberg announced a ban on sales of sugary drinks larger than 16 ounces in restaurants, delis, sports arenas, and movie theaters.

The reactions have been ferocious, and not only from the soda industry, which placed this ad in today’s Times.

The New York Times also weighed in with an editorial arguing that the mayor has now gone too far and should be sticking to educational strategies.

Alas.  If only educational strategies worked.  But they do not.

We know this from what it took to discourage people from smoking cigarettes.  We also know this from research on eating behavior.  This shows that it doesn’t take much to get people to eat too much.

Just barrage us with advertising, put food within arm’s reach, make food available 24/7, make it cheap, and serve it in enormous portions.

Faced with this kind of food environment, education doesn’t stand a chance.

That’s the point the Mayor’s proposal is trying to address, however clumsily.  After all, a 16-ounce soda is two servings.

Sugary drinks—especially large ones—make sense as a target for a portion size intervention.

  • They have calories but no nutrients (“liquid candy”).
  • The larger the serving size, the more calories they contain.
  • They are widely consumed, often to the extent of hundreds and sometimes thousands of calories a day.
  • Research links them to obesity (people who habitually consume sugary drinks tend to have worse diets and weigh more than those who don’t).
  • People tend to drink the amount that is in the container.

The sugary drink industries have much to answer for their role in obesity promotion.

  • They put billions of dollars into advertising, much of it directed to children and minority groups.
  • They lobby Congress and federal agencies to prevent laws and regulations that might affect sales.
  • They co-opt health organizations to neutralize criticism (hence: the Academy of Nutrition and Dietetics’ advice to focus on “education and moderation”)
  • They attack public health professionals who advise “don’t drink your calories.”
  • They attack the science and make it appear confusing (see the above ad which does not mention studies that show otherwise).
  • They price drinks to favor the largest size servings; an 8-ounce soft drink costs much more per ounce than a 2-liter bottle.

If the Beverage Association really wanted to help Americans eat more healthfully, it could change all of those practices.

The Mayor is committed to improving the health of New Yorkers and is trying to figure out ways to do that.

Beverage companies are interested in one thing and one thing only: the financial health of beverage companies.  And they have convinced many Americans that the financial health of beverage companies trumps public health.

Education?  I’m for it if it’s focused on educating the public how beverage companies really operate.

Addition: The New York City Health Department has been collecting endorsements from public officials and health advocates and is posting them online. I’m in good company.

May 31 2012

FDA says HFCS is HFCS; it is not corn sugar

Cheers to the FDA.  It just said a firm no to the Corn Refiners’ petition to be allowed to call High Fructose Corn Syrup (HFCS) “corn sugar.”

The FDA’ s rationale:

  • Sugar is solid, dried, and crystallized.  Syrup is liquid.  HFCS is liquid.  Therefore, it is syrup, not sugar.
  • Corn sugar already has a regulatory definition: dextrose (glucose).  HFCS contains fructose as well as glucose.  Therefore, it is not corn sugar.

As I mentioned earlier, I filed comments to the FDA on the Corn Refiners’ petition:

The [Corn Refiners’] website quotes comments I have made to the effect that HFCS is biochemically equivalent to sucrose. It is. But I do not believe that biochemical equivalence is a good reason for the FDA to agree to a name change at this point.

It is highly unlikely that public misunderstanding of nutritional biochemistry and the differential physiological effects of glucose vs. fructose will be addressed and corrected by changing the name of HFCS to corn sugar.

…the name change is not in the public interest. Its only purpose is to further the commercial interests of members of the Corn Refiners, and that is not one the FDA should be concerned about.

I was referring here to the legal and public relations wrangling between the Sugar Association, which represents the growers of cane and beet sugar (sucrose), and the Corn Refiners.

I have complained previously about the in-your-face behavior of the Corn Refiners in attempting to protect its share of the sweetener market: its strange advertisements; its use of my quotes (they told me the quotes are in the public domain and if I don’t like it I can sue them); its aggressive lobbying; its stated intention to use the term “corn sugar” whether the FDA approves it or not.

The Sugar Association’s behavior is not much better.  It has taken the Corn Refiners to court over the naming issue.

I was amused to receive two e-mails this week from its public relations firm complaining about the Corn Refiners’ clumsy PR response to a UCLA  study ostensibly showing that HFCS makes rats “fat and stupid.”  This study, however, did not compare the effects of sucrose and HFCS and its results, even if confirmed, could apply to any source of fructose.

The second e-mail sent links to the FDA’s decision and the Sugar Association’s response.

The FDA’s ruling represents a victory for American consumers,” said Dan Callister, an attorney for the plaintiffs in the ongoing litigation. “It reaffirms what most consumer advocates, health experts and policy officials have been saying all along: only sugar is sugar. HFCS is not sugar. The next step is for the federal court to end the CRA’s misleading propaganda campaign.

Sugars, plural, are sugars.  Sucrose is glucose and fructose.  So is HFCS.

Everyone would be better off eating a lot less of both.

And that brings me to New York City Mayor Michael Bloomberg’s latest attempt to promote the health of his constituents: banning any sugary drink larger than 16 ounces from restaurants, movie theaters, and street carts.

I can’t wait to see how the Beverage Association deals with this one.

Addition June 1: Rosie Mestel of the L.A. Times has an excellent account of this in which she quotes from these comments.  Her story is accompanied by a PR photo from the Corn Refiners Association.  What are these people thinking?

Ad campaign by the Corn Refiners Assn.

May 30 2012

Stevia and other “natural” sweeteners: are they?

FoodNavigator-USA.com did a special edition “Where next for natural sweeteners?”  “Special editions are collections of previously published articles on topics of interest to this newsletter’s food industry readers.

Why do this?  The holy grail of food technology is to find a no-calorie sweetener that tastes as good as sugar, has no bitter aftertaste, and can be marketed as “natural” because it’s extracted from plants. Examples: Stevia extracted from leaves Monk fruit sweetener.

As with high fructose corn syrup, not everyone considers these sweeteners to be natural since they have to go through chemical processing steps.

Stevia is extracted from leaves with ethanol.  Whether this process can be considered natural is currently under debate in Europe.  Some European regulators prefer “extracted from a plant source.”

Here are some of the articles.  For the complete collection, click here.

Monk fruit sweetener firm: ‘We hear daily that people are looking for alternatives to stevia’

It might not have garnered as much publicity as stevia, but monk fruit (luo han guo) “has found a niche within the all-natural market but will hit mass market sooner than stevia in this space”, according to one leading supplier… Read

Tate & Lyle: Monk fruit sweetener attracting most interest in dairy and beverages

Dairy and beverages are proving the most popular application areas for monk fruit sweetener Purefruit, says Tate & Lyle… Read

Different processes, lower cost, better taste: Is stevia still on track for mainstream success?Taste issues and high cost repeatedly have been raised as possible obstacles to widespread acceptance of stevia-derived sweeteners, but one of the many new suppliers entering the market claims that these are no longer the hurdles they once were… Read

Steviol glycosides are not ‘all-natural’, says new class action lawsuitA class action lawsuit filed in California this week argues that steviol glycosides should not be considered natural, owing to the “chemical processing” sometimes used to extract them from the stevia leaf… Read

Stevia buyers beware: There are some ‘awful’ extracts out there…

While traders “jumping in and out of the stevia marketplace” are disrupting prices and standards by peddling some “awful” extracts, high-quality stevia suppliers in it for the long-haul will ultimately prosper, according to one leading player… Read

Stevia in snacks and baked goods – stealth, competition, and potential

While stevia is beginning to take off in a number of baked goods and snack categories in the US, Asian and South American markets, some other emerging ‘natural’ sweeteners look ready to take it on in the segment, claims Datamonitor… Read

Naturally-positioned sweeteners to lead market growth: Report

The US alternative sweeteners market will grow by 3.3% a year to reach about $1.4bn in 2015 – and naturally positioned sweeteners like stevia and agave nectar will lead the way, claims a new report from market research organization Freedonia… Read

May 29 2012

The latest battle in the supplement wars: FDA v. DMAA

Welcome to the largely unregulated universe of dietary supplement marketing, in this case of DMAA, a.k.a. 1,3-dimethylamylamine, methylhexanamine, or geranium extract (from which it is supposedly isolated).
DMAA is supposed to stimulate athletic performance.
In April, the FDA sent letters warning ten DMAA distributors that it considered their products adulterated because:
  • DMAA does not naturally come from a food.
  • Most of it is produced synthetically
  • It might not be safe.
The FDA received 42 complaints of adverse events associated with taking DMAA supplements.  Although the reports do not prove that DMAA caused the problems, these are serious: cardiac disorders, nervous system disorders, psychiatric disorders, and death.The FDA says:

dimethylamylamine narrows the blood vessels and arteries, which increases cardiovascular resistance and frequently leads to elevated blood pressure. This rise in blood pressure may increase the work of the heart such that it could precipitate a cardiovascular event, which could range from shortness of breath to tightening of the chest and/or a possible myocardial infarction (heart attack).

One FDA warning letter went to a company called Muscle Warfare for its DMAA supplement “Napalm” which “produces intense sensations of power, drive, energy, focus, motivation, and awareness.  Enormous strength, speed and endurance increases may result.”

Here’s how the company says Napalm works:

Upon ingestion, energy is almost instantly kicked in with Air Strike while core body heat is dramatically supported. This extra body heat may then dramatically support the release of heat shock proteins, during your workout by way of our patent pending Thermobraic Heat Shock Protein Deployment System via Myobolic-SERMS/1&2….Muscle Pumps are fueled via a remarkable creatine free, Plasma Scorch Muscle Engorgement Agent….

Just pure power and dry hard size. Anabolism is kicked in by your ultra-intense workout coupled with our powerful mTOR pathways inducing Vaso-Anabolic Branched Chain Amino Acid Blend. Further hormonal anabolic support is induced by our patent pending NMDA™ hormonal support agent. NMDA™ specifically targets growth hormone, testosterone, IGF-1 and IGF-2 release and has been scientifically shown to provide dramatic support!

As I keep saying, you can’t make this stuff up.

The supplement industry, ever eager to find an athletic supplement that everyone will want to take has reacted with outrage to the FDA’s warning letters (see NutraIntredients-USA.com for a series of articles on DMAA).

Since Congress passed the Dietary Supplement Health and Education Act (DSHEA) in 1994, the supplement industry has gotten a virtually free pass on regulation and its less scrupulous members push the limits of marketing to the point where the FDA has no choice but to act.

DMAA supplement marketers now argue that if DMAA comes from geraniums, synthetic DMAA should be legal. 

I had no idea people were eating geraniums, but never mind.  The flowers may not contain DMAA anyway.

According to NutraIngredients, most DMAA is synthetic (hence: not natural):

There is only one study repeatedly referenced to show that DMAA is a naturally occurring constituent of geranium oil (Ping, Z.; Jun, Q. & Qing, L. (1996), ‘A Study on the Chemical Constituents of Geranium Oil, Journal of Guizhou Institute of Technology 25 (1): 82–85) – which analytical testing experts contacted by NutraIngredients-USA say is “not scientifically defensible“.

The supplement industry views the warning letters as signs that the FDA is going to start giving its products greater scrutiny.

That would be a step in the right direction, but maybe the FDA won’t have to.  The warning letters elicited a flood of  class action lawsuits against DMAA.

If the FDA won’t or can’t act, lawyers will take up the burden of regulating potentially unsafe and misleadingly marketed supplements.

Update, June 29:  Oops.  Investigators fail to find DMAA in geranium extracts or oils. 

May 28 2012

Childhood obesity: catching up on recent research

I’m catching up on some reading over the long weekend.  Here are some selections from the latest issue of Childhood Obesity (Click here for the complete Table of Contents).

Food Marketing to Youth: Current Threats and Opportunities
Marlene B. Schwartz, Amy Ustjanauskas
Childhood Obesity. April 2012, 8(2): 85-88.
First Page | Full Text PDF|
Revolution Foods: Equal Access for All
Interview with Revolution Foods Co-Founders Kristin Richmond and Kirsten Tobey
Childhood Obesity. April 2012, 8(2): 94-96 First Page | Full Text PDF|
Exploring Effectiveness of Messaging in Childhood Obesity Campaigns
David L. Katz, Mary Murimi, Robert A. Pretlow, William Sears
Childhood Obesity. April 2012, 8(2): 97-105.First Page | Full Text PDF|
Hard Truths and a New Strategy for Addressing Childhood Obesity
Eric A. Finkelstein, Marcel Bilger
Childhood Obesity. April 2012, 8(2): 106-109.First Page | Full Text PDF|
U.S. Government Initiatives
Childhood Obesity. April 2012, 8(2): 167-168.First Page | Full Text PDF |
May 25 2012

Memorial Day Weekend reading: food biography

A couple of books, just in.  Happy reading!

Kurlansky, Birdseye: The Adventures of a Curious Man, Doubleday, 2012.

Kurlansky is the author of several distinguished books, notably Cod: A Biography of the Fish that Changed the World, and Salt: A World History.  Here, he takes up the story of Clarence Birdseye, the man who invented and gave his name to frozen vegetables.  Anything that Kurlansky writes is worth reading, and Birdseye—an multitasking explorer, trapper, and inventor—is worth writing about.  The book is illustrated with Birdseye’s patent drawings.

Thomas McNamee, The Man Who Changed the Way We Eat: Craig Claiborne and the American Food Renaissance, Free Press, 2012.

I thought McNamee’s previous biography, Alice Waters and Chez Panisse, was a great read, wonderfully gossipy and entertaining.   Like so many others, I learned to cook from Claiborne’s New York Times Cookbook.  In 1980, I met Claiborne while doing a segment of an Over Easy program on San Francisco’s public television station, KQED.   Claiborne has recently had some health problems, had been told to eat better and lose some weight, and had just published Craig Claiborne’s Gourmet Diet with Pierre Franey (with an introduction to principles of healthy eating by Jane Brody).  He cooked lemon chicken.  I commented on how healthy it was.  Claiborne was a fascinating character and McNamee’s account makes me wish I’d been part of the New York food scene back then.

May 24 2012

POM fights back with out-of-context ads

POM Wonderful has a full-page ad in today’s New York Times (how much do these things cost?) titled “FTC v. POM: You be the judge.”  The ad includes selected quotes from the judge’s decision (see yesterday’s post) and refers readers to its wonderfully named website, pomtruth.com, where you can see the quotes and the ads for yourself.

I couldn’t help doing some checking.

The POM ad quotes from Chief Administrative Law Judge’s decision:

Competent and reliable scientific evidence supports the conclusion that the consumption of pomegranate juice and pomegranate extract supports prostate health, including by prolonging PSA doubling time in men with rising PSA after primary treatment for prostate cancer (page 282).

I turned immediately to page 282.  The sentence before the one quoted would seem to support it:

The basic research, the Pantuck Study, and the Carducci Study, relied on by Respondents [POM Wonderful], support the conclusion that pomegranate juice has a beneficial effect on prostate health.

But what follows the quotation makes it clear that although the research claims to support the effect, it really doesn’t.  Here’s what immediately follows the quotation in the same paragraph:

However, the greater weight of the persuasive expert testimony shows that the evidence relied upon by Respondents is not adequate to substantiate claims that the POM Products treat, prevent, or reduce the risk of prostate cancer or that they are clinically proven to do do so.  Indeed, the authors of the Pantuck Study and the Carducci study each testified that their study did not conclude that POM juice treats, prevents, or reduces the risk of prostate cancer.  And, as Respondents’ expert conceded, no clinical studies, research and/or trials show definitely that the POM Products treat, prevent, or reduce the risk of prostate cancer.

I will just do one more of the quotes.  The ad says:

Competent and reliable scientific evidence shows that pomegranate juice provides a benefit to promoting erectile health and erectile function (page 198).

This is indeed on page 198 but is followed immediately by:

There is insufficient competent and reliable scientific evidence to show that pomegranate juice prevents or reduces the risk of erectile dysfunction or has been clinically proven to do so…There is insufficient competent and reliable scientific evidence to show that pomegranate juice treats erectile dysfunction in a clinical sense or has been clinically proven to do so.

Because these statements are attributed to the same expert witnesses, this must mean that while some studies show benefits, the experts do not believe that these studies (many of them sponsored by POM) are scientifically credible.

Pomegranate juice is a juice.  Fruit juices are healthy and especially delicious when fresh.  I happen to like the taste of pomegranate juice.

But does it have any special health benefits as compared to orange, grapefruit, grape, or any other fruit juice?

Would any fruit juice be likely to prevent heart disease or prostate problems on its own?

Despite POM’s out-of-context advertisement, the Administrative Law Judge did not think so, and neither do I.

Addition: I’m indebted to FoodNavigator.com for noticing some of the other ads.

The caption reads: “Natural Fruit Product with Health Promoting Characteristics–FTC Judge.”

May 23 2012

The FTC vs. POM Wonderful: the latest round

I’ve been following the legal battles between the Federal Trade Commission (FTC) and the makers of POM juice and other pomegranate juice products with avid interest, mainly because they deal with the credibility of sponsored scientific research.

This week, an administrative law judge ruled that POM violated federal law when it deceptively advertised  its products as able to “treat, prevent, or reduce the risk of heart disease, prostate cancer, and erectile dysfunction.”

The judge ruled that reasonable consumers would interpret the ads as making such claims but that the company had not produced convincing evidence to support them.

The judge’s decision makes entertaining reading for someone like me who enjoys debates about whether sponsorship of scientific studies influences results and interpretation—as evidence shows they most definitely do.

POM has invested more than $35 million in research to prove that pomegranate juice has health benefits.  It has sponsored about 100 studies at 44 different institutions.  At least 70 of these studies were published in peer-reviewed journals.

It is not difficult to design research studies to give sponsors the answers they want and to make sure they are conducted well.  POM is getting the best research that money can buy.

One such study, of the effects of drinking pomegranate juice on myocardial perfusion (MP, blood flow to the heart), was conducted by Dr. Dean Ornish, who runs a preventive medicine institute in California (the quotes come from pages 268-269 of the decision).

The Ornish MP study was originally designed to last 12 months, with measurements at baseline, 3 months, and 12 months.  [The FTC] charges that the study was cut short when the three-month data came in favorably and Dr. Ornish faced cost overruns.

Dr. [Frank] Sacks [expert witness for the FTC] opined that the shortened study period and failure to report the planned duration are inconsistent with widely accepted standards for conduct of clinical trials and undermine any confidence in the findings.

Dr. Ornish testified that the Ornish MP Study was terminated after three months only because the Resnicks did not provide the funding that they had previously committed to this study….[he said the study]constitutes credible and reliable science showing that pomegranate juice lessens the risk of cardiovascular problems.

The judge found evidence on this study and many others conflicting.  He ruled that this level of disagreement about the quality of the research means that the scientific evidence is not good enough to substantiate the claims.

I was interviewed for a story in Business Week about this decision.

This makes it clear why everyone should be suspicious of the results of sponsored studies…POM-sponsored studies produce results favorable to POM.

POM’s owners have their own spin on the decision.

It says the ALJ’s ruling affirms the scientific validity behind the general health benefits of pomegranates and “completely exonerates” POM regarding its claims in broadcast or print interviews.

Let’s be clear what’s at stake here.  According to the decision document, the owners of POM control 18,000 acres of pomegranate orchards.

From September 2002 through November 2010, sales of POM juice alone totaled nearly $248 million (the supplements and other products add more).

The owners must believe that nobody will buy pomegranate juice and supplements for any reason other than health benefits.

Health claims are about marketing, not health.

Let’s hope the FTC can make the decision stick.