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Looking back at year of progress for food system

After 5 1/2 years and 70 columns written exclusively for The Chronicle, this is my last. As I move on, I do so with much hope for a healthier and more equitable food system.

My optimism comes from taking the long view of progress in agriculture, food, nutrition and public health. When I look back on what’s happened since, say, 1980, I see enormous improvement in the foods available in supermarkets and in schools, the availability of organic and locally grown food, and public interest in everything about food, from taste to politics.

At this time of year, it’s customary to highlight the 10 most notable achievements of the past 12 months. But let me point out one conspicuous absence from this list – the creation of a stronger and more compassionate safety net for the poor and unemployed. Working toward this goal needs to be high on the food advocacy agenda for 2014.

With that gap in mind, here’s where I’ve seen noteworthy progress:

School nutrition standards: The new rules are the result of the most significant achievement of Michelle Obama‘s Let’s Move! campaign – the Healthy, Hunger-Free Act of 2010. This act required schools to provide not only healthier meals, but also snacks. Early reports find most schools to be doing a good job of putting the new rules into effect. Yes, the rules do not go nearly far enough (they are too generous in sugar, for example), but they are a step in the right direction and lay the groundwork for even better standards.

Food safety rules: The Food and Drug Administration finally started issuing regulations for the Food Safety Modernization Act of 2010. Once final, these rules will go a long way toward requiring food producers to take measures to ensure safety, and giving the FDA the authority to make sure they do. Yes, its details still need tweaking, but FSMA is a milestone on the road to a safer food supply. The next steps will be to bring the U.S. Department of Agriculture’s authority in line with the FDA’s, and to develop a single food safety agency that combines the functions of both.

FDA’s guidance on antibiotic resistance: The FDA has called on drug companies to voluntarily agree to stop using medically important antibiotics to promote growth in farm animals and to require a veterinarian’s prescription when using these drugs to treat, prevent or control animal disease. Yes, this is voluntary and drug companies have three years to comply. But the FDA has taken the first step toward banning antibiotics for anything but therapeutic purposes, an impressive achievement given current political realities.

Let’s Move!’s food marketing initiative: Marketing is the elephant in the room of childhood obesity. It overwhelmingly influences kids to prefer, demand and consume junk foods and sodas. Mrs. Obama’s Let’s Move! campaign has no authority to regulate marketing to kids. By keeping a focus on this issue, she gives advocates plenty of room to hold food companies publicly accountable for their marketing practices.

Soda and junk food taxes in Mexico: Despite intense and well-organized opposition by its soda, sugar and small-business industries, the Mexican government passed a 1-peso-per-liter tax on soft drinks and an 8 percent tax on junk foods.

These measures were meant to counter the country’s 70 percent of overweight people and, no coincidence, record-breaking soda consumption. The initiative succeeded as a result of strong advocacy support and also because the revenues were committed to social purposes, among them providing clean drinking water in schools. Other countries are likely to be inspired to enact similar measures.

GMO labeling initiatives: Connecticut passed a GMO labeling law in 2013, but election initiatives in California and Washington failed. Even though the food and biotechnology industries poured tens of millions of dollars into defeating labeling measures, the margins of defeat were small. My crystal ball says that some such measures will eventually pass. The food biotechnology industry must think so too; some of its groups are calling for voluntary GMO labeling.

Fast-food workers’ wage demands: People who work full time should be able to support their families and not have to be on public assistance. If you work 40 hours at the federal minimum wage of $7.25 per hour, you will earn less than $300, and that’s before taxes.

USDA‘s agricultural coexistence initiatives: By agricultural coexistence, the USDA means peaceful relations between quite different farming systems – industrial and GMO versus organic and sustainable. Peaceful coexistence would be a lot easier if GMO pollen didn’t drift onto organic crops, if Congress supported sustainable agriculture in proportion to its size, and if the ag-biotech industry didn’t dismiss cooperation out of hand.

The New York City mayoral candidates forum and coalition building: About 85 food and nutrition advocacy groups put their differences aside to jointly question mayoral candidates on their views about food problems facing city residents. Seven candidates showed up to answer questions, a clear sign that coalitions are strong enough to demand attention.

A personal perspective: The past year brought many new food studies programs into universities. When we created food studies programs at New York University in 1996, only one other such program existed. Today, universities throughout the country are training young people to advocate for food systems healthier for the planet and for people, rich and poor.

University of California Press released the 10th anniversary edition of “Food Politics,” and Rodale Books issued “Eat, Drink, Vote: An Illustrated Guide to Food Politics.”

The message of both books – the first in text and the second in cartoons – is the same: Vote with your fork for a more delicious and sustainable food system. Even better, vote with your vote! Engage in food politics to make our food system more conducive to health and social justice.

The food movement is making much progress, but much more remains to be done. I’ve had a great run at The Chronicle, for which I deeply thank readers and editors. I will continue to write about food matters on my blog, at www.foodpolitics.com. Please join me there.

Marion Nestle is also the author of “Why Calories Count: From Science to Politics” and “What to Eat.” She is a professor in the nutrition, food studies and public health department at New York University, and blogs at www.foodpolitics.com. E-mail:food@sfchronicle.com

The President of Mexico has proposed a tax on soft drinks.  The soft-drink industry is not pleased.

As with Richmond, California’s tax initiative and New York City’s soda cap, the industry is pulling out all stops to oppose the tax.

It’s even gotten the Beverage Association’s attack dog, the Center for Consumer Freedom, into the action.

Photo: Mireia Vilar

Translation:

• Should obesity be fought with taxes?
• Yes or no? 
• To tax the fatties (Google’s charming translation)

CCF is putting signs on school buses, apparently.

On the off chance that you are not familiar with CCF, SourceWatch is a good place to begin.

It runs media campaigns which oppose the efforts of scientists, doctors, health advocates, animal advocates, environmentalists and groups like Mothers Against Drunk Driving, calling them “the Nanny Culture…Its advisory board is comprised mainly of representatives from the restaurant, meat and alcoholic beverage industries.

I’ve also written about this group.  Enough said.

In Mexico, you can get most kinds of sodas in 3 liter bottles.  At 17 pesos ($1.33) for 3 liters, Pepsi is cheaper than water.

Note the 3-peso penalty if you buy two 1.5-liter bottles.  

It’s hardly a coincidence that Mexico has high soda consumption and high rates of obesity.  Taxing sodas seems like a particularly good idea in this situation.

New York City’s Human Resources Administration (HRA), the agency that administers the Supplemental Nutrition Assistance Program (SNAP) and other food assistance and food emergency programs, just launched the second year of its “Cut the Junk” initiative.

The campaign features:

• A booklet.   This explains healthy eating and gives cost comparisons.  It will be distributed at 35 farmers’ markets with SNAP programs
• Tricycle-based billboard visits to low-income neighborhoods
• A weekly texting service with tips and recipes (join by texting ‘NOJUNK’ to short code 877877)
• A You Tube video

The Commissioner of HRA, Robert Doar, says:

good nutrition can both save lives and taxpayer dollars…Cut the Junk presents a common-sense approach to eating healthier with less expensive alternatives than take out and fast food.  Each tip in the booklet can help stretch a family’s food budget or food stamp benefits further. We are very proud to come directly to people’s neighborhoods to start talking about healthy food as an affordable reality for New Yorkers.

HRA did the campaign with Cornell Cooperative Extension.

I think the video works well.  The booklet?  Not so much.

I wish both said more about sodas.  “Grab an apple instead of a soda” doesn’t quite do it.

The video connects viewers with city food assistance resources, and that’s a plus.

Will this campaign encourage low-income residents to choose healthier diets?  I hope an evaluation is in progress.

What to say about the booklet?  Take a look and tell me what you think, please.

I know the mere words “farm bill” are enough to put any sane person into a coma, but what’s happening in Congress can be quite entertaining if you don’t care what happens.

For example, the bill is so big and covers so much territory that just about every legislator introduces amendments (these are tracked by FarmBillPrimer.org).

Because SNAP (Supplemental Nutrition Assistance Program) takes up 80% of farm bill funding to the tune of about $80 billion a year, lots of amendments deal with further decreasing the budget allocation or restoring amounts that have been cut.  So far, none of these has passed.

But legislators have other things they want SNAP to do.  For example, Senator Tom Coburn MD (Rep-Oklahoma) has introduced several amendments pertaining to SNAP, among them:

Amendment 1000 – Junk Food Purchases with SNAP: Requires the Secretary of Agriculture to approve state demonstration projects that limit the purchase of junk food under the Supplemental Nutrition Assistance Program. Additional information here. 

Energy drinks, candy bars, sodas, ice cream, potato chips, fancy bakery cakes and cookies are all eligible foods under the program, as defined by statute…Few people would qualify these goods as “nutritional assistance.”

Amendment 1001 – Food Stamps: Returns the title of the Supplemental Nutrition Assistance Program to its original name, the Food Stamp program. Additional information here.   

Congress renamed the Food Stamp Program to the Supplemental Nutrition Assistance Program, and made a name change to the underlying legislative bill governing food stamps. Given spending patterns and eligible purchases in the program, though, SNAP is anything but nutritious for recipients or the country as a whole. Instead of misleading the public as to its benefits, SNAP should be renamed its original title, the Food Stamp Program. This name…is also a reminder of the core goal of the program: to serve our nation’s most vulnerable.

Amendment 1002 – SNAP Promotion Limitation: Limits the amount of SNAP funding that may be used to promote increased participation and enrollment in the program to 1% of overall funds and prevents SNAP funding for soap operas and parties. Additional information here.

Giveaways, soap operas, and radio miniseries all may be solid advertising opportunities for private companies wishing to market a product. They are not, however, appropriate uses of taxpayer funds to advocate for greater enrollment in SNAP, which would even further drain the government’s already-depleted coffers.

Politics, they say, makes strange bedfellows.  I can understand why the New York Times would do a front-page investigative report on how soda companies engage minority groups as partners while slamming Mayor Bloomberg for overreaching with his soda cap initiative.

But can someone please explain the Daily News?   Here’s yesterday’s front page:

This was followed by two pages of “Soda plan struck down; our cups runneth over” and other gleeful responses to the judge’s soda cap decision.

But then there’s this astonishing editorial.  Explain, please.

Judge drinks the Kool-Aid

In putting Mayor Bloomberg’s soda ban on ice, Manhattan Supreme Court Justice Milton Tingling did a huge disservice to the health and welfare of hundreds of thousands of New Yorkers.

Tingling concluded that the prohibition against selling sugared beverages in containers larger than 16 ounces was both arbitrary and beyond the authority of the Board of Health, which approved the regulations.

The only thing arbitrary here was Tingling’s ruling. More, the judge was the only party who was guilty of overreaching.

At heart, he simply substituted his judgment as to sound public policy for the board’s — an action that’s beyond a judge’s proper purview.

Most amazingly, Tingling held that the board had acted rationally in voting the portion cap as one method of trying to rein in the city’s epidemic of obesity and obesity-related diseases.

He bought the indisputable premise that the board was right to draw connections among high soda consumption, obesity and diabetes, which are debilitating New Yorkers young and old.

But then the judge threw that over by stating the obvious fact that the board did not have the power to ban supersized sugar drinks everywhere, only in establishments regulated by the Health Department.

Because the public could get a 32-ounce cup at, say, a 7-Eleven, but not at restaurants, he in effect deemed the ban to be an ill-designed contraption destined to fail. But who is Milton Tingling to say that? No one.

His fundamental error was to consider the regulation from the point of view of vendors who were hoping to get out from under it.

Those covered by the ban claimed they were the victims of capriciously unequal treatment and shifted Tingling’s concern away from the pressing rationale for a regulation that would have been broadly applied.

There’s nothing arbitrary about the consequences of drinking large quantities of sodas and other overly sweetened beverages.

The correlation in certain communities among consuming soda, becoming obese and contracting related diseases are certain.

The neighborhoods with the highest obesity rates — Harlem, the South Bronx, central Brooklyn — have the largest percentages of people who are likely to drink more than one sugar-sweetened beverage each day.

All too predictably, people in low-income areas such as Bedford-Stuyvesant and East New York, Brooklyn — places where soda consumption is highest — are four times as likely to die from diabetes as residents of the more affluent upper East Side, where people generally consume far fewer sugary drinks.

No matter.

Tingling attended to the arguments of businesses looking after their own financial interests over the demands of public health — while at the same time declaring that the Board of Health is barred from taking into account the substantial economic costs generated by obesity.

Ultimately, Tingling bought into the all-or-nothing argument — the same line of thinking that killed an earlier Bloomberg proposal that would have barred people from buying sugary sodas with food stamps.

The U.S. Department of Agriculture killed that experiment, asserting that it would be unfair and unproductive to target only a limited population in such a test. So Bloomberg tried to go bigger, and Tingling shot him down.

If bringing down a serious threat is a rational goal, as Tingling wrote, then you do it as best you can, even incrementally.

A halfway measure is better than no measure and is certainly not arbitrary.

Bloomberg vows an appeal.

Here’s hoping that Tingling’s judicial superiors recognize that pursuing public health is not just rational, it’s imperative. 

Afterthought: compare this to the Times’ editorial:

There are better ways for Mr. Bloomberg to use his time and resources to combat obesity.  One is to push Gov. Andrew Cuomo and the State Legislature to impose a penny-per-ounce tax on sugary drinks…the big-drinks ban was ill conceived and poorly constructed from the start.

Betsy McKay of The Wall Street Journal organized and moderated a debate on this question.  I was a participant along with Brian Wansink , the John S. Dyson professor of marketing at Cornell University and Michael D. Tanner, senior fellow at the Cato Institute.

The debate is lengthy—you can read all of it online—but here are my initial responses to the two questions asked of me.

WSJ: What role should government play in addressing the obesity epidemic?  

DR. NESTLE: The government is up to its ears in policies that promote obesity. To name only a handful: supporting production of food commodities, but not of fruits and vegetables; permitting food and beverage companies to deduct marketing expenses from taxes; permitting SNAP benefits [food stamps] to be used on any food, thereby encouraging food companies to market directly to low-income groups.

Research on the prevalence of obesity shows that after decades of remaining at the same level, it began to increase sharply in the early 1980s. Our sense of personal responsibility did not change then. What did change was the food environment, transformed by food industry imperatives to increase sales, to one that increasingly urged people to “eat more” by making it socially acceptable to eat anywhere, anytime, and in very large amounts. In this kind of food environment, all but the most mindful eaters overeat. Few of us are in that category.

The food, beverage and restaurant industries collectively spend roughly $16 billion a year to promote sales through advertising agencies, perhaps $2 billion of that targeted at children. Marketing to children is well established to encourage kids to want advertised products, pester their parents for them, and believe that those products are what they are supposed to be eating. The “I am responsible” argument does not work for children (I’m not aware of evidence that it works well for adults either). Because regular consumption of junk foods and sugary drinks is linked to obesity in children, marketing these products to them is overtly unethical.

To expect food and beverage companies, whose sole purpose is to increase sales and report growth in sales every quarter, to voluntarily stop marketing to children makes no sense. On ethical grounds alone, government intervention is essential.

Given the personal and economic costs of obesity—currently estimated at $190 billion a year—governments have many reasons to promote the health of their populations. Just ask the military.

WSJ: Let’s talk about some specific initiatives. Will Mayor Bloomberg’s cap on soda sizes reduce soda consumption? What about the proposed municipal tax of a penny an ounce on sugary drinks in Richmond, Calif.?

DR. NESTLE: If only education and personal responsibility worked to improve eating behavior. Brian Wansink’s research clearly shows that his own students, diligently educated to understand the effect of large food portions on eating behavior, will still eat more when given more food—and, more seriously, they will underestimate the amount they have eaten.

Education must be backed up by a supportive environment. So why not create a food environment that makes it easier for people to eat less? Mayor Bloomberg’s idea of capping soda sizes at 16 ounces is an interesting approach to doing just that. A 16-ounce soda is not exactly abstemious. It is two standard servings, 50 grams of sugar and 200 calories.

To suggest that food laws will not change behavior makes little sense. For one thing, anti-obesity initiatives have scarcely been tried. For another, the history of anti-smoking interventions suggests quite the opposite. Attempts to get smokers to quit by invoking personal responsibility made little headway. Smokers quit when the government made smoking so inconvenient and expensive that it became easier to stop than to continue.

The intense response of soda companies to Mayor Bloomberg’s cap on soda size is testimony to the effectiveness of regulatory approaches. The companies would not be putting this kind of effort or spending millions to oppose an action they expected to fail.

While Congress is fussing over the farm bill, Michele Simon’s new report, Food Stamps: Follow the Money, identifies the businesses that most stand to gain from the $72 billion spent last year on SNAP.  This program, formerly known as food stamps, gave 46 million Americans an average of  $134 per month to spend on food in late 2011.

Just as health and anti-obesity advocates are working to bring agricultural policy in line with health policy by getting the farm bill to promote production of healthier foods, they also are looking at ways to encourage SNAP recipients to make healthier food choices.  At present, SNAP recipients have few restrictions on what they can buy with their benefit cards.

In contrast, participants in the Women, Infants, and Children program (WIC), which is not a farm bill program, can only use their benefits to buy foods of high nutritional value.  The idea of requiring SNAP recipients to do the same has split the advocacy community.

Anti-hunger advocates fear that any move to restrict benefits to healthier foods, or even to evaluate the current food choices of SNAP recipients, will make the program vulnerable to attacks and budget cuts.  They strongly oppose such suggestions.

Follow the Money explains some of the politics behind efforts to maintain the status quo:

• Food industry groups such as the American Beverage Association and the Snack Food Association teamed up with anti-hunger groups to oppose health-oriented improvements to SNAP.
• Companies such as Cargill, PepsiCo, and Kroger lobbied Congress on SNAP, while also donating money to America’s top anti- hunger organizations.
• At least 9 states have proposed bills  to make health-oriented improvements to SNAP, but  none have passed, in part  due to opposition from the food industry.
• Coca-Cola, the Corn Refiners of America, and Kraft Foods  all lobbied against a Florida bill that aimed  to disallow SNAP purchases for soda and junk food.
• Nine Walmart Supercenters in Massachusetts received more than $33 million in SNAP dollars in one year.
• Walmart received about half of the billion dollars in SNAP expenditures in Oklahoma over a 2-year period.
• J.P. Morgan Chase holds contracts in 24 states to administer SNAP benefits.
• Banks and other private contractors are reaping significant windfalls from the economic downturn and increasing SNAP participation.

The point here is that banks that administer SNAP have a vested interest in keeping SNAP enrollments high and makers of junk foods have a vested interest in making sure that there are no restrictions on use of benefits.

Another point: data on use of SNAP benefits exist but are either proprietary or not made available.

The report concludes with these recommendations:

• Congress should maintain SNAP funding in this time of need for millions of Americans;
• Congress should require collection and disclosure of SNAP product purchase data, retailer redemptions, and national data on bank fees;
• USDA should evaluate state EBT contracts to determine if banks are taking undue advantage of taxpayer funds.

I’ve not seen this kind of analysis before and this report deserves attention.  At the very least I hope that it will encourage Congress to make sure that the poor get their fair share of SNAP benefits.