by Marion Nestle

Currently browsing posts about: Coca-Cola

Jul 12 2012

My latest letter from lawyers: VITAMINWATER®

I’ve been away for the last couple of weeks, and am just getting to accumulated mail.  I was surprised to find a letter dated June 18 from Angela Wilson, an attorney at Parks IP Law, a limited liability firm specializing in intellectual property rights.

In her letter, which you can read here in its entirety, Ms. Wilson writes:

We represent Energy Brands Inc., a wholly-owned subsidiary of the Coca-Cola company.  Recently, we noticed that Food Politics used the term “vitamin Water” in the article, “New York Plans to Ban Sale of Big Sizes of Sugary Drinks,” which appeared in the June 4, 2012 edition of your publication (see attached).

I’m confused.  The article attached to the letter is my post, “Weight of the Nation: the new “Hunger in America”?, a June 4 reprint of a column I wrote for the San Francisco Chronicle.  It does not refer to “vitamin Water.”

Foodpolitics.com contains an excellent search engine.  I searched my posts for “New York Plans to Ban….”   No post with that title exists.   I looked at posts about Mayor Bloomberg’s proposed ban on large sodas.  My post about the soda initiative contains plenty of references to Coca-Cola, but says nothing about “vitamin Water.”

A search for “vitamin water” turns up 17 posts, the most recent in 2011.  The most relevant is an account of a class-action suit filed against Coca-Cola by the Center for Science in the Public Interest arguing that “Vitamin Water makes sugary drinks that promote obesity but positions these products as healthful because they contain added vitamins and herbs.”

Never mind.  Let’s focus on the matter at hand.  Attorney Wilson’s letter continues:

It appears that the article may have been referring to our client’s VITAMINWATER® brand, but because Food Politics used the phrase “Vitamin Water,” that may not be clear to your readers.  Accordingly, we write to request that your writers [sic] refer to our client’s trademark properly in future stories. [I used sic because I’m the only writer on this site.]

Her letter suggests that I follow some simple guidelines when referring to her client’s trademark.  You might enjoy reading the entire list for yourself, but here’s a short summary:

  • DO distinguish our client’s VITAMINWATER® trademark as one word (without a space in the middle) and in all capitals or italics
  • DO add the registration symbol (“®”)
  • DO follow all references to our client’s trademark with the words “enhanced water”
  • DON’T use terms such as “vitaminwater,” “vitamin water,” or “vitamin waters”

Ms. Wilson’s letter concludes: “When you use our client’s name correctly, you help protect the integrity of their [sic] innovative enhanced water product.”

[Why sic?  I’m a professor and can’t help this sort of thing.  “Client” is singular; “their” is plural.  Nouns and pronouns should agree.]

I can only imagine the enormous fees that Parks IP Law and Angela Wilson must be getting from Coca-Cola to get me to refer more precisely to its trademarks.

I’ll try.  I promise.

Jun 26 2012

How junk foods and sodas ruin kids’ teeth: PBS NewsHour on dental health in El Salvador

Dr. Karen Sokal-Gutierrez, a pediatrician I know who teaches in the UCSF-Berkeley Joint Medical Program, is involved in a health program in El Salvador that among other things focuses on the dental health of urban and rural kids.

As she explains, when she was a Peace Corps volunteer thirty years ago, the kids had perfect teeth and beautiful smiles.  She has a collection of photographs to prove it (she sent me this one).

Today, kids’ teeth are rotted to the roots as a result of the introduction of sugary drinks and snacks.  She and her students are working to educate parents to take care of their kids’ teeth but also to feed their kids healthier foods.

PBS NewsHour has just done a segment on her program (it’s a bit over 7 minutes).

This is well worth watching as a case study of:

  • The efforts of junk food and soda companies to sell products in developing countries.
  • The effects of junk foods and sodas on kids’ health.
  • The hard work that Dr. Sokal-Gutierrez and her colleagues must do to counteract these effects.
  • The investigative and production skills of recent journalism school graduates.

The segment is also worth watching for the priceless comments of Coke and Pepsi (these come at  about 4.3 minutes).

Coke: “With basic dental hygiene practices, people have enjoyed our products for decades without risk to their dental health.”

Pepsi: “We believe that parents should decide what their children eat and drink…Any food and beverage with sugars and starches, including some of our beverages can contribute to the development of cavities.”

Those of us who have access to fluoridated water, toothbrushes, and dental care don’t usually think of severe dental disease as a consequence of drinking sodas.

We should.

Addition:  Dr. Sokal-Gutierrez asked that I also post a photograph of what the kids’ teeth look like.  Happy to oblige.

Jun 11 2012

The soda industry strikes back

Mayor Bloomberg’s proposal to limit sugary soft drinks to 16 ounces has elicited an industry counter attack as well as much attention to the role of sugary drinks in obesity.

The soda industry established a new organization, “Let’s Clear It Up,” with a website to spin the science.

Soda is a hot topic. And the conversation is full of opinions and myths, but not enough facts. America’s beverage companies created this site to clear a few things up about the products we make. So read on. Learn. And share the clarity.

Myth: The obesity epidemic can be reversed if people stop drinking soda. [I’m not aware that anyone is claiming this.  Bloomberg’s proposal is aimed at making it easier for soda drinkers to reduce calorie intake.]

Fact: Sugar-sweetened beverages account for only 7% of the calories in the average American’s diet, according to government data. [The figure applies to everyone over the age of 2—to those who do and do not drink sodas.  The percentage is much higher for soda drinkers.]

Coca-Cola is using a second strategy: divert attention.  Its full-page ad in Sunday’s New York Times said:

Everything in moderation.  Except fun, try to have lots of that.

Our nation is facing an obesity problem and we’re taking steps to be part of the solution.  By promoting balanced diets and active lifestyles, we can make a positive difference.

By “balanced diets” Coke means varying package sizes.  By “active lifestyles” Coke means partnerships with Boys & Girls Clubs of America and gifts to national parks.  This approach merits its own website: livepositively.com.

And then we have USA Today’s not-to-be-missed interview with Katie Bayne, Coke’s president of sparkling beverages in North America:

Q: Is there any merit to limits being placed on the size of sugary drinks folks can buy?

A: Sugary drinks can be a part of any diet as long as your calories in balance with the calories out. Our responsibility is to provide drink in all the sizes that consumers might need. [Need?]

Q: But critics call soft drinks “empty” calories.

A: A calorie is a calorie. What our drinks offer is hydration. That’s essential to the human body. We offer great taste and benefits whether it’s an uplift or carbohydrates or energy. We don’t believe in empty calories. We believe in hydration. [Water, anyone?]

Finally, there’s the Washington Post interview with Todd Putman, a former Coke marketing executive now in recovery.

Putman, whose positions at Coca-Cola included U.S. head of marketing for carbonated drinks, said in the interview that among his achievements was tailoring the company’s national advertising campaigns to specific groups. The approach helped Coca-Cola intensify marketing to target audiences such as African Americans and Hispanics.

“It was just a fact that Hispanics and African Americans have higher per capita consumption of sugar-based soft drinks than white Americans,” he said. “We knew that if we got more products into those environments those segments would drink more.”

Is the soda industry behind the Center for Consumer Freedom’s Nanny Bloomberg ad?  I’ve yet to hear denials.

Jun 2 2012

Is this an American Beverage Association ad in disguise?

If the Center for Consumer Freedom (CCF) is placing ads attacking Mayor Bloomberg’s proposal to limit the size of soft drinks to 16 ounces (see yesterday’s post), he must have done something right.

CCF, as I have explained previously, is used as an attack dog by the National Restaurant Association and other food and beverage organizations to stave off criticism of their contributions to obesity, poor health, and environmental degradation.

It gets paid to use tactics that food and beverage companies are afraid to do on their own because they might offend customers or stockholders.  Its funders get to hide behind these tactics.

CCF does not disclose its contributors.  Could the American Beverage Association have paid CCF to do this ad?

Coke and Pepsi are prominent members of the Beverage Association.  If so, they are now on record in overt opposition to public health efforts.

I welcome statements from the American Beverage Association and its members to the contrary.

Jan 23 2012

Catching up with items about beverage marketing

I’ve been saving up items about beverages, mostly having to do with marketing:

Soda companies vs. civic public health campaigns: In strategies reminiscent of those used by tobacco companies, soda companies are filing suit to obtain documents from public agencies all over the country.  Digging them up takes staff time and effort and slows down the real work of these agencies—the point of this approach.

Sonic’s marketing campaign, Limeades for Learning (“when you sip, kids learn”) encourages purchasers of its high-calorie drinks (620 for a medium, 950 for a large) to vote for school projects.

Dr Pepper Snapple’s diet—oops, low-calorie—10-calorie Dr Pepper Ten is aimed at men.  Men, it seems, like low-calorie sodas but squirm at the notion of diet sodas.

Coke covers both bases.  Diet Coke targets women and Coke Zero targets men in an “it’s not for women” campaign.   Is this ad offensive?  It not only excludes half the market, says Food Navigator’s Carolyn Scott-Thomas, but is

patronizing to both men and women in its reinforcement of what I had (perhaps naively) hoped were outdated stereotypes….It deliberately picks at the edges of our comfort zones.  Is it OK to be sexist if it’s done with irony?…Provocation is a blunt instrument.  It may prove effective for sales—perhaps as effective as sexually explicit marketing—but it is still crude and obtuse.”

She asks: “Would this ad be offensive if it involved a bunch of redneck clichés and proclaimed ‘it’s not for blacks’?  You bet it would.”

Coca-Cola has launched a global music effort to connect with teens.  Coke CEO Muhtar Kent says:

Our success in growing our sparkling category today depends on our ability to grow and connect with teens, the generation of tomorrow.

Pepsi, not to be outdone, has invented a social marketing vending machine for the digital age.  Buy a drink and you now have the opportunity to send one as a gift to a friend or a random stranger.

The Committee on Nutrition, American Academy of Pediatrics weighs in on sports and energy drinks.  Its tough report begins with the statement that “Sports and energy drinks are being marketed to children and adolescents for a variety of inappropriate uses.”

Sports drinks…may contain carbohydrates, minerals, electrolytes, and flavoring and are intended to replenish water and electrolytes lost through sweating during exercise.

In contrast…energy drinks also contain substances that act as nonnutritive stimulants, such as caffeine, guarana, taurine, ginseng, l-carnitine, creatine, and/or glucuronolactone, with purported ergogenic or performance-enhancing effects.

The report ends with this unambiguous conclusion:

the use of sports drinks in place of water on the sports field or in the school lunchroom is generally unnecessary. Stimulant containing energy drinks have no place in the diets of children or adolescents.

In response, Red Bull says it is not marketing to children.  Instead, it says, the company totally follows the “agreed codes of practice for the marketing and labelling of energy drinks.”

Just for fun I looked up some advertising budgets reported in Advertising Age. For 2010, Coca-Cola spent $267 million just to advertise Coke, Pepsi spent $154 million just to advertise Pepsi and another $113 million for Gatorade, and Dr. Pepper spent a mere $22 million for Snapple.

These expenses are just for those individual products and just for campaigns run through advertising agencies.  Pepsi’s total advertising budget that year was $1.01 billion.

Water, anyone?

 

 

 

Jan 19 2012

Weighing in on Paula Deen

The huge fuss over Paula Deen’s type 2 diabetes is understandable.   She is, after all, the queen of high-calorie Southern cooking.  And diabetes rates are especially high in the South.

Perhaps less understandable is the reaction of the American Diabetes Association.  As reported in the New York Times,

Heredity, according to the American Diabetes Association, always plays some part. “You can’t just eat your way to Type 2 diabetes,” said Geralyn Spollett, the group’s director of education.

Wrong.  You most definitely can eat your way to type 2 diabetes.

Type 2 diabetes is closely linked to overweight and obesity.  No, not everyone who is overweight develops type 2 diabetes.  But most people who have type 2 diabetes are overweight.

The first line of defense?  Lose a few pounds.  Even a relatively small reversal of calorie balance can make symptoms of type 2 diabetes disappear and reduce or eliminate the need for drugs.

Mrs. Deen does not mention weight as a factor in her disease, or losing weight as an effective treatment.

Instead, she is now a spokesperson for the drug Victoza.

According to the Times’ account, Mrs. Dean says that it is elitist to criticize her food:

You know, not everybody can afford to pay $58 for prime rib or $650 for a bottle of wine. My friends and I cook for regular families who worry about feeding their kids and paying the bills.

Really?  Does Mrs. Deen think those families can afford to pay the $500 a month drug companies charge for Victoza?

Victoza costs in other ways too.  It has to be injected and is not exactly benign.

Victoza® is not recommended as the first medication to treat diabetes. Victoza® is not insulin and has not been studied in combination with insulin…It is not known if Victoza® is safe and effective in children. Victoza® is not recommended for use in children

In animal studies, Victoza® caused thyroid tumors—including thyroid cancer—in some rats and mice.  It is not known whether Victoza® causes thyroid tumors or a type of thyroid cancer called medullary thyroid cancer (MTC) in people which may be fatal if not detected and treated early…Inflammation of the pancreas (pancreatitis) may be severe and lead to death.

The company also advises:

Victoza® is an injectable prescription medicine that may improve blood sugar (glucose) in adults with type 2 diabetes when used along with diet and exercise.

Diet and exercise?  Why not just do that in the first place?

As for the American Diabetes Association: its disinterest in promoting diet and exercise is easily explained.  It is funded by drug companies.

I gave a talk at an annual meeting of the Association a few years ago and was astounded by the number of drug companies giving things—writing pads, pens, and tape holders, but also lab coats and stethoscopes—at the trade exhibit.  Much of the scientific meeting was devoted to drug studies.  I spoke at the only session that year on dietary issues.  And Coca-Cola sponsored a session on sugars in diabetes.

Mrs. Deen’s food is best eaten in moderation.  She would do more for her own health and that of her fans if she used her television presence to promote healthier lifestyles.

Update, January 30: Brad Jacobson interviews drug reps on AlterNet (I’m quoted).

Dec 19 2011

Today’s oxymoron: a greener soda bottle

On the plastic bottle front, much is happening.

BPA plastics are banned from the European market, only to be replaced by other plastics that seem to have their own problems.  These are detailed in three articles in Food Additives and Contaminants dealing with the migration of chemicals from baby bottles.

  • Santillana et al.,  Migration of bisphenol A from polycarbonate baby bottles purchased in the Spanish market by liquid chromatography and fluorescence detection (2011); doi: 10.1080/19440049.2011.589036.
  • Simoneau, et al., Comparison of migration from polyethersulphone and polycarbonate baby bottles (2011) doi:10.1080/19440049.2011.604644.
  • Simoneau, et al.,  Identification and quantification of migration of chemicals from plastics baby bottles used as substitutes for polycarbonate, ( 2011); doi 10.1080/19440049.2011.644588.

In response to such concerns, soft drink companies are engaging in the latest form of “cola wars,” this time the race to greener bottles.  As the New York Times puts it,

Over their decades of competition, the battle between Coca-Cola and PepsiCo has taken on many colors — brown (cola), orange (juice), blue (sport drinks) and clear (water).

Now, they are fighting over green: The beverage rivals are racing to become the first to produce a plastic soda bottle made entirely from plants.

Coca-Cola has signed up with three biotechnology companies to produce materials for 100% plant-based bottles.  It already has some recyclable PlantBottles, but these are only 30% plant-based (mono-ethylene glycol, MEG).  The other 70% is purified terephthalic acid, PTA.  Coke says it will go to 100% plant-based by 2020.

PepsiCo says it is doing the same thing, only faster.

OK, plant-based.  But from what?

Coke says it is experimenting with Brazilian sugarcane, molasses, and other plant residue materials but might also use crops grown specifically for plastic production.  Pepsi says it will use agricultural waste products, such as corn husks, pine bark or orange peels.

What about corn?  Corn has already been used to produce plastics, but doing this is just like growing food crops for biofuels, causing land conversion, higher food prices, and heavy fertilizer use.

It will be good to get the harmful chemicals out of drink bottles.

But soft drinks are inherently wasteful of natural resources.  All the greenwashing in the world can’t hide that.

Nov 10 2011

Coca-Cola v. Grand Canyon: donations come with short strings

I’m always saying that food company donations and partnerships to health and environmental Good Causes end up doing more for the companies than the recipients.  Money always talks.  Accepting corporate donations comes with strings that create conflicts of interest.

The latest evidence for these assertions comes from the Grand Canyon’s efforts to get plastic water and soda bottles out of the park.  These account for a whopping 30% of its waste.

According to the account in today’s New York Times, Coca-Cola, one of the park’s big donors, convinced the National Park Service to block the bottle ban.

Stephen P. Martin, the architect of the plan and the top parks official at the Grand Canyon, said his superiors told him two weeks before its Jan. 1 start date that Coca-Cola, which distributes water under the Dasani brand and has donated more than $13 million to the parks, had registered its concerns about the bottle ban through the foundation, and that the project was being tabled.

The Times quotes Mr. Martin:

That was upsetting news because of what I felt were ethical issues surrounding the idea of being influenced unduly by business…It was even more of a concern because we had worked with all the people who would be truly affected in their sales and bottom line, and they accepted it.

It also quotes a Coca-Cola spokeswoman, Susan Stribling:

the company would rather help address the plastic litter problem by increasing the availability of recycling programs. “Banning anything is never the right answer…If you do that, you don’t necessarily address the problem…You’re not allowing people to decide what they want to eat and drink and consume.”

And throw plastic bottles into the park, I guess.

This sordid episode explains why Coke gives millions to the Grand Canyon.  In a word, greenwashing.

Oops.

Coke needs to change its position on this one.  And so does the Park Service.