Search results: Coca Cola

Food law used to be so boring that hardly any law schools taught anything about it.  Now it’s a hot topic.  To understand why, take a look at FoodNavigator-USA’s collection of articles, titled Food in the dock: Food & beverage litigation 

• Judge says lawsuit taking issue with added sugar levels in Clif Bar can proceed:  A court has rejected Clif Bar’s motion to dismiss a lawsuit* accusing it of duping consumers by presenting bars that are “loaded with sugar” as wholesome and nutritious – allegations the company describes as “absurd” and “implausible.”.. Read  
• General Mills prevails in false ad lawsuit over sugar content in cereals… after three-year battle:  <General Mills has finally prevailed in a false advertising lawsuit* over sugar levels in its cereals after three years of legal wrangling, with the judge concluding that the plaintiffs “cannot plausibly claim to be misled.”..
• Who is behind THC-infused STONEY PATCH gummies? Mondelēz Canada secures court order to find out: A California court has granted a request from Mondelēz Canada to compel Facebook and Google to release information associated with Instagram and Gmail accounts of a company selling THC-infused gummies under the STONEY PATCH brand… Read
• Tillamook presents deceptive image of milk sourcing strategy, alleges lawsuit; Tillamook ‘adamantly disagrees’:  Tillamook presents a bucolic image of a dairy brand sourcing milk from cows grazing on local small farms, when in fact most of its milk comes from industrial scale factory farms, alleges a lawsuit accusing the firm of deceptive practices… Read
• LaCroix: Natural flavors lawsuit is a ‘classic fishing expedition’:  The legal dispute over the ‘natural’ credentials of LaCroix sparkling beverages is heating up with brand owner National Beverage Corp urging a court in Illinois to enter a protective order shielding it from discovery that it claims would compel it to release trade secrets… Read
• Plant-based ‘meat’ battle heats up in Arkansas as Tofurky challenges ‘unconstitutional’ law: A law (Act 501) coming into force in Arkansas on July 24 puts plant-based brands between a rock and a hard place by restricting the use of ‘meaty’ terms to products derived from slaughtered animals, alleges a new lawsuit filed by Turtle Island Foods (d.b.a. Tofurky)… Read
• PBFA and Upton’s Naturals challenge Mississippi law restricting plant-based and cell-cultured ‘meat’ labeling:  The Plant Based Foods Association (PBFA) and member company Upton’s Naturals have filed a lawsuit in Mississippi challenging a new labeling law that could make using ‘meaty’ terms to describe plant-based and cell-cultured meat subject to criminal penalties… Read
• Fairlife fallout… attorneys weigh in as the lawsuits pile up:  Four class action lawsuits have already been filed against high-protein milk brand fairlife, its founders, and JV partner Coca-Cola over alleged animal abuse at its flagship dairy farm in Indiana, but this could be just the beginning of the company’s legal problems, predict experts… Read

I was astounded to learn that the USDA spends more than $900 million a year on nutrition education since I can hardly recall seeing any of it.

But now we have a Government Accountability Office (GAO) analysis of USDA’s expenditures on nutrition education.

The GAO says that USDA does not:

• Coordinate its nutrition education efforts
• Use the expertise of USDA nutritionists
• Make nutrition education a priority
• Have leadership with responsibility for nutrition education
• Share information across sub-agencies and avoid duplicating efforts
• Assign nutrition education experts to appropriate sub-agencies

No big surprise here—I’ve been hearing such complaints since I worked for the government in the late 1980s—but it’s good to see them documented.

Most of the report is about nutrition education for participants in WIC, SNAP, and other nutrition assistance programs.

Note that there is no line budget for promotion of the Dietary Guidelines for Americans, a statement of of federal nutrition policy, or for MyPlate, a food guide directed at the general public.  Funds to promote these documents have to be authorized by Congress.

Note also that while $900 million seems like a lot of money, it is considerably below what companies like McDonald’s and Coca-Cola each spend on advertising every year.

The Business Roundtable’s Statement (and see B Corporation Statement below)

The Business Roundtable, an organization of corporations, issued a statement last week—in a two-page advertisement with all the signatures in the Wall Street Journal, no less—that got this New York Times headline: Shareholder Value Is No Longer Everything, Top C.E.O.s Say.

What?  This is some kind of joke, right?

I’ve been arguing for years that the Shareholder Value Movement, which forced corporations to single-mindedly focus on maximizing profits at the expense of every other societal value—attention to the welfare of workers, farm animals, public health, environmental protection—is responsible for just about everything that is wrong with our food system.

Corporations are now saying that they are committing to change that?

The Business Roundtable’s press release says that it is redefining the purpose of corporations to promote an economy that serves all Americans—customers, employees, suppliers, communities, and shareholders.   Here is its website with all the commitment info.

Its statement, signed by nearly 200 corporations, commits them to [with my comments]:

• Delivering value to our customers [they aren’t already doing this?].
• Investing in our employees. This starts with compensating them fairly and providing important benefits [this would indeed be a groundbreaking improvement].
• Dealing fairly and ethically with our suppliers [they weren’t doing this either?].
• Supporting the communities in which we work [another excellent idea].
• Generating long-term value for shareholders [isn’t this what they’ve been doing to the detriment of everything else?]

This sounds good, but how do they plan to solve the central dilemma?  How do they intend to pay workers decent wages, improve the communities in which they operate, and stop damaging the environment—and still maximize benefits for shareholders?

No surprise, they don’t say.

Also, as the Times noted,

There was no mention at the Roundtable of curbing executive compensation, a lightning-rod topic when the highest-paid 100 chief executives make 254 times the salary of an employee receiving the median pay at their company. And hardly a week goes by without a major company getting drawn into a contentious political debate. As consumers and employees hold companies to higher ethical standards, big brands increasingly have to defend their positions on worker pay, guns, immigration, President Trump and more.

I looked for food corporations among the signers (sorry if I missed any):

• Aramark
• Bayer (it owns Monsanto)
• Coca-Cola
• Land O’Lakes
• PepsiCo
• Procter & Gamble
• Walmart

This is a small list.  Where, for example, are Mars, Nestlé, and Unilever?

I see this as flat out public relations, a response to increasing public distrust of corporate America and demands for corporate accountability.

If the signers mean business, let’s see them deal with workers’ wages right away.

Otherwise, I’m not holding my breath

The B Corporation Statement

And here’s more.  Sunday’s New York Times carried this advertisement from Certified B Corporations “meeting the highest standards of verified social and environmental performance, public transparency, and legal accountability to balance profit and purpose.”

The ad is addressed to Business Rountable CEOs.

We are part of a community of Certified B Corporations who are walking the walk of stakeholder capitalism…We operate with a better model of corporate governance—benefit corporate governance—which gives us, and could give you, a way to combat short-termism and the freedom to make decisions to balance profit and purpose.

Among its food company signers are Ben & Jerry’s, Cabot Creamery Cooperative, Danone North America, King Arthur Flour, Sir Kensington’s, Stonyfield Organic, and Stumptown Coffee (there are others, as well).

I read this as a challenge: if the Business Rountable CEOs are serious about ensuring as B Corporations do, that “the purpose of capitalism is to work for everyone and for the long term,” why don’t they start by becoming B Corporations?

Until they do, the Business Roundtable statement is smoke and mirrors, to distract us from the damage the corporations are doing to our society and to our democratic institutions.

FoodNavigator-USA.com, an industry newsletter, has a collection of articles about Kombucha, a drink that Wikipedia defines as:

A fermented, slightly alcoholic, lightly effervescent, sweetened black or green tea drink commonly intended as a functional beverage for its supposed health benefits. Sometimes the beverage is called kombucha tea to distinguish it from the culture of bacteria and yeast.  Juice, spices, or other flavorings are often added to enhance the taste of the beverage. The exact origins of kombucha are not known…Kombucha is produced by fermenting sugared tea using a symbiotic culture of bacteria and yeast (SCOBY) commonly called a “mother” or “mushroom”…The living bacteria are said to be probiotic, one of the reasons for the drink’s popularity.

Slightly alcoholic?  No wonder it is so popular.

It’s obviously a major seller.  Here is the dedicated Kombucha display at the Wegmans upstate in Ithaca, New York.

The makers of kombucha want to sell more of it.  Here’s what they think the market issues are these days:

• Aqua ViTea: The kombucha industry has not dealt with its alcohol problem: <Raising the threshold above which kombucha would be classified as an alcoholic beverage from 0.5% to 1.25% abv, is not the way to deal with the industry’s alcohol problem, says Vermont-based kombucha brand Aqua ViTea, which utilizes spinning cone technology to remove most of the alcohol from its products before bottling… Read
• GT Dave backs kombucha standard of identity: ‘I hope this will encourage people to take the high road’: Defining what kombucha is – and just as importantly, what it isn’t – is mission critical if industry pioneers are to preserve the integrity of the category as more brands enter the segment, argues GT Dave, founder of market leader GT’s Living Foods… Read  
• WATCH: Bare Bucha and Stout Tanks unveil radical new approach to controlling alcohol in kombucha:  A novel approach to brewing kombucha in stackable rectangular trays could help dramatically speed up the fermentation process and keep alcohol levels consistently below 0.5% abv, solving a major technical challenge for the industry, according to kombucha brand Bare Bucha and craft brewery equipment supplier Stout Tanks… Watch now
• Kombucha and fermented beverage sales are up 21%, but velocities are down, says SPINS:  US retail sales of refrigerated kombucha and other fermented beverages (including hard kombucha) were up 21% to $728.8m in measured channels* in the year to February 24, 2019 driven by strong distribution gains. However, velocities were down fairly sharply, delegates at the 2019 KombuchaKon conference were told… Read
• What’s an ‘authentic’ kombucha? Let the market decide, say Rowdy Mermaid and Camellia Grove:  Trade association Kombucha Brewers International (KBI) wants lawmakers to raise the threshold above which kombucha would be classified as an alcoholic beverage from 0.5% to 1.25% abv, and is gearing up to publish a standard of identity for ‘authentic’ kombucha. But not everyone is on board… Read
• What is an ‘authentic’ kombucha? KBI gears up to publish definition:  As a wave of lawsuits has brought the debate over what kombucha is and how it is made into sharper focus, trade association Kombucha Brewers International (KBI) is putting the finishing touches on a standard it claims will help preserve the integrity of the category as it grows… Read

And here’s a later addition:

• The mojo behind MOJO: Coca-Cola’s recently acquired kombucha brand shares secrets of success: Australian firm MOJO Kombucha’s pledge to authenticity and no artificial sweeteners are what have helped it grow from a small family business to becoming a major name in the country, and recently being acquired by beverage giant Coca-Cola, according to a top company official…Read

A notice from FoodNavigator-Asia got my attention: Coca-Cola is partnering with the New Zealand dairy company Fonterra to produce “Nutriboost” products for Southeast Asia.

What are these?

• Nutriboost Kids is targeted at children above three years of age, with each of its products being fortified with different occasion-based vitamins and minerals:…Morning Growth (fortified with vitamins for growth), Playtime (designed for stronger immunity) and Good Night (fortified with DHA for brain development).
• Nutriboost To-Go is an energy-providing breakfast range enriched with oats and fibre.
• Nutriboost Beauty is fortified with fitness and beauty-associated minerals like collagen and zinc.

Given the lack of evidence for significant nutritional benefits of any of these things, and the high prevalence of lactose intolerance among Asian populations, why this partnership?

• Vietnam is the third largest dairy market in the ASEAN region.
• To grow [sales] to 40 million or 50 million cases within the next five years.
• Coca-Cola’s strategy is to evolve away from drinks with high sugar content.

The article doesn’t say how much money is going into this partnership, but both companies must think there is a big market for such products.

I’m not a fan of “functional” foods, alas.

Real food, anyone?

This is BeverageDaily.com’s monthly beer special, from the industry’s point of view.  If you don’t think of beer as an industry, think again.

• Flexible, diverse breweries are the way forward for small craft: The craft beer industry is navigating a more mature growth pattern in 2019: a theme that was explored at the 36th annual Craft Brewers Conference (CBC) in Denver… Read
• Outdoor clothing brand Patagonia sues Anheuser-Busch over ‘copycat’ beer brand: Outdoor clothing and gear brand Patagonia, Inc has filed a lawsuit against Anheuser-Busch: accusing the beer giant of ‘attempting to copy Patagonia’s famous brand identity’ with its Patagonia beer brand… Read
• Constellation Brands: ‘2019 sees a monumental shift for Corona as it expands into a more comprehensive beer family’:  Constellation Brands is expanding its core Corona brand with new launches that appeal to a wider range of consumers and occasions – including the nationwide US rollout this month of premium alcohol-spiked refresher Corona Refresca… Read
• ‘Probably not the best beer in the world – so we’ve changed it’: Carlsberg challenges drinkers to reappraise its beer: Carlsberg is relaunching in the UK with a rebrewed lager, accompanied by ‘its most honest consumer campaign ever’. Will its relaunch be able to shake up the mainstream – and can it encourage a new generation of drinkers to re-appraise its beer?.. Read
• US craft beer has settled into a ‘more mature growth pattern’: The Brewers Association (BA) released its annual growth report this week: showing craft brewery volumes have increased by 4% and now account for 13.2% of the US beer market… Read
• Samuel Adams Summer Ale gets first recipe change in 23 years: US brewer Samuel ‘Sam’ Adams has updated the formula of its seasonal favorite Summer Ale with ‘lighter and brighter’ flavors… Read
• New Zealand boasts more breweries per capita than the US, UK and Australia:  New Zealand now has more breweries on a per capita basis than the US, UK and Australia: creating a $2.3bn ($1.6bn USD) industry. And there’s still plenty of room to grow: “Highlighting our home-grown ingredients and locally produced products will go a long way to boost the overall New Zealand beer brand,” says The Brewers Association of New Zealand… Read
• Reshaping beer: Better labels, advanced branding tech and new bottle formats: Beer packaging has been a ‘sea of sameness’ for decades, according to glass container manufacturer O-I. Traditional amber glass bottles and aluminum cans covered in paper labels has been the norm, but the time may be ripe for a major change… Read
• Craft beer trends: ‘Huge growth’ in lower alcohol brews and beer in cans: The UK craft beer market is seeing ‘huge growth’ in cans and no & low alcohol beers, according to online craft beer distribution marketplace EeBriaTrade… Read
• Guinness stops using plastic packaging with its beer: Diageo’s beer brands will replace plastic ring carriers and shrink wrap with recyclable and biodegradable cardboard: the equivalent of removing 40 million plastic bottles from the world… Read
• Zero hero? Heineken wants no-alcohol beer to rival Coke in Singapore following Europe sales boom: Heineken’s new zero-alcohol beer Heineken 0.0 is the brand’s pioneering foray into the Low and No Alcohol (LNA) category in Singapore, with the firm targeting availability in locations such as salad bars, gyms and offices as it seeks to rival soft drinks giants such as Coca-Cola… Read
• Suntory Beer installs 3D printing technology to print images on beer: Suntory Beer has partnered with Ripples to roll out 700 Ripple Maker PM devices to print 3D images, emojis and messages onto beer… Read
• BrewDog acquires Berlin brewery and taproom from Stone Brewing: Scottish craft brewer BrewDog is acquiring Stone Brewing’s brewery and taproom in Berlin. It has also announced the latest round of Equity for Punks to fund its plans for a brewery in China and craft beer hotel in London… Read
• Lion acquires Magic Rock Brewing: Australian beer and beverage company Lion has acquired 100% of UK craft brewer Magic Rock Brewing Company, as it seeks to become ‘a key player’ in the UK craft market… Read
• Dunkin’ releases second beer innovation with Harpoon Brewery: Last fall Dunkin’ announced a limited edition partnership with Harpoon Brewery for its first-ever beer, the Harpoon Dunkin’ Coffee Porter. The two have teamed up again for a warm weather brew, the Harpoon Dunkin’ Summer Coffee Pale Ale. Dunkin’ also recently expanded its Signature Latte line with three permanent flavors… Read

And, thanks to reader Polly Adema, here is one more:

• Beer as a wellness beverage?  The mind boggles.

The George Institute in Australia (see clarification below) publishes an annual index holding the ten largest U.S. food and beverage corporations accountable for how they addrss nutrition challenges.

The 2018 Index ranks corporations on their governance, products, accessability, marketing, lifestyle, labeling, and engagement.  Here’s what it looks like.

Here’s how this is explained:

Seven out of ten companies claim to focus on improving health and nutrition (all except Coca-Cola, Dr Pepper Snapple and Kraft Heinz), as expressed in their mission statements or corporate growth strategies, the objectives they defined related to health and wellness are mostly limited to product development, product reformulation and responsible marketing. Only two companies (Nestlé and Unilever) have defined a more comprehensive set of objectives within their nutrition strategy.

To remind you: food corporations are not social service or public health agencies.  They have stockholders to please as their first priority.  The conflicts of interest with public health approaches are obvious.  That’s why none of them does particularly well on this Index.

Clarification from a reader

I believe you are referring to the US Spotlight Index, a product of the Access to Nutrition Foundation, an independent nonprofit in the Netherlands.  (https://www.accesstonutrition.org).  The George Institute provided research support for the US Spotlight index. RWJF [Robert Wood Johnson Foundation] was a major funder.  The Foundation has also published an India Spotlight Index (2016) and a Global Index (latest in 2018).  Shiriki Kumanyika chairs the Expert Group.

The American Academy of Pediatrics (AAP)) and the American Heart Association (AHA) have issued a joint statement endorsing soda taxes along with other policies aimed at reducing risks for childhood obesity (the full statement is published in Pediatrics).

The AAP and AHA recommend:

• Local, state and national policymakers should consider raising the price of sugary drinks, such as via an excise tax, along with an accompanying educational campaign. Tax revenues should go in part toward reducing health and socioeconomic disparities.

• Federal and state governments should support efforts to decrease sugary drink marketing to children and teens.

• Healthy drinks such as water and milk should be the default beverages on children’s menus and in vending machines, and federal nutrition assistance programs should ensure access to healthy food and beverages and discourage consumption of sugary drinks.

• Children, adolescents, and their families should have ready access to credible nutrition information, including on nutrition labels, restaurant menus, and advertisements.

• Hospitals should serve as a model and establish policies to limit or discourage purchase of sugary drinks.

Comment:  This action of the AAP is truly remarkable.  In 2015, this Academy was heavily criticized for taking funding from Coca-Cola and, surely not coincidentally, saying little about the need for children to reduce consumption of sugary drinks.  Once exposed, the AAP said it could no longer accept that funding. I did, however, hear an alternative story.  Coca-Cola officials told me that as a result of their transparency initiative, the company would no longer fund the Pediatric, Dietetic, and Family Practice Academies.  It is also hardly a coincidence that now that the AAP no longer takes money from Coke, it is free to promote soda taxes as a useful public health strategy.