A reader, Katya Bloomberg, suggested I take a look at Bored Cow, “animal-free dairy milk” pumpkin spice flavored, no less.

Animal-free dairy milk sounds like an oxymoron.  What could this be?  Mostly, the website says what it does not contain.

So what’s in this?  The website doesn’t say, but Target’s does.

Ingredients: water, cane sugar, whey protein (from fermentation), sunflower oil, less than 1% of: cinnamon, vitamin a, vitamin b2 (riboflavin), vitamin b12 (cyanocobalamin), vitamin d2, citrus fiber, salt, dipotassium phopshate, acacia, gellan gum, mixed tocopherols (antioxidant), calcium potassium phosphate citrate, natural flavor.

An ultraprocessed drink, for sure, with 20 grams of sugar per 12 ounces.  The whey (the main protein in milk) is made by microorganisms, not cows. 

The process is called precision fermentation.  It involves 5-steps:

• Genetic modification of bacteria or yeast (the Bored Cow website says nothing about this)
• Cell growth
• Protein production
• Purification (centrifugation, homogenization, filtration)
• Whey production

How precise is the fermentation?

Iowa-based Health Research Institute (HRI) tested a Bored Cow product, which is described as “a milk alternative made with milk protein from fermentation instead of cows.” Using full spectrum molecular analysis technology, HRI found 92 small molecules in the product that are unknown to science, according to John Fagan, chief science officer at HRI.

Katya points out:

People are still largely confused and have no understanding what a bio-identical whey protein created by means of fermentation is. Largely though people also think that fermentation is good for health. Many vegans think this milk is vegan since it’s animal free, but it wouldn’t be a good choice for those on a plant based diet as it’s identical to actual cow milk protein. Not to mention that it’s a mix of protein with water and added oil which is hardly good for anyone… It’s a milk information war at its finest!!! Just keep confusing the consumer.

So how does this stuff taste?  I went to the Ithaca Target to look for it but could not find it.  If you can and try it, let me know.

 

The USDA announces updated guidelines for substantiating claims on meat and poultry labels in these categories.

• Animal Welfare Claims
• Breed Claims
• Diet Claims
• Living or Raising Conditions Claims
• Negative Antibiotic Use Claims
• Negative Hormone Use Claims
• Source and Traceability Claims
• Organic Claims
• Environment-Related Claims

It says:

Animal-raising claims, such as “Raised Without Antibiotics,” “Grass-Fed” and Free-Range,” and environment-related claims, such as “Raised using Regenerative Agriculture Practices” and “Climate-Friendly,” are voluntary marketing claims that highlight certain aspects of how the source animals for meat and poultry products are raised or how the producer maintains or improves the land or otherwise implements environmentally sustainable practices…FSIS [USDA’s Food Safety and Inspection Service] last updated its guideline on these claims in 2019.

USDA’s new guidance says it “strongly encourages”

• The use of third-party certification to substantiate animal-raising or environment-related claims
• Substantiating “no antibiotics” claims by testing for antibiotics or using a third-party certifier who does the testing
• Providing data on soil or air quality studies to substantiate environmental claims

Comment

This guidance is voluntary.

This raises immediate questions about the antibiotic claim.  A study conducted by researchers and policy experts at George Washington University found 20% of cattle marketed as “raised without antibiotics” to have been treated with antibiotics.

You would think that fixing this situation requires mandatory regulation, not voluntary.

Groups concerned about animal welfare also object.  The Animal Welfare Institute wants stronger standards.

The ASPCA issued a press release: “ASPCA Condemns Long-Awaited USDA Guidelines that Fail to Meaningfully Improve Oversight of Animal Welfare Label Claims”

ASPCA’s labeling guide points out that claims for cage-free, humane-raised, and pasture-fed, for example,

which often appear on the packaging of meat, egg and dairy products, may indicate better animal welfare but lack strong standards and have no on-farm verification processes, meaning farm conditions and the treatment of animals vary widely across producers.

Voluntary means that producers can voluntarily ignore such guidelines.  Plenty of evidence suggests that many do.

We need a better system.

• The full guidelines.
• The advance Federal Register notice.

A reader writes:

Can you address the current food crisis outlining the many foods, long time frame, economic impact, and personal effort involved in this event?

I did not realize until I read the NPR email news brief this morning that one factory is the source of nine  deaths,  that multiple meat products are suspect, that many stores are involved, that sell-by dates extend into October, that products may be in appliances at home, and that all food in the appliance must be disposed of and that the empty appliance must be thoroughly cleaned.

My immediate response was to say that this is yet another recall due to foodborne illness and I’ve written previously about lots of these.  But this one is especially tragic.

• The products—meat contaminated with Listeria—killed people who ate them.
• The plant in which they were produced is inspected daily by an on-site USDA inspector.
• Even so, the plant was especially dirty and unsafe.

The CDC reports: “Epidemiologic, laboratory, and traceback data show that meats sliced at delis, including Boar’s Head brand liverwurst, are contaminated with Listeria and are making people sick.”

This particular outbreak began in June.

The USDA issued a recall notice at the end of July.

FSIS [USDA’s Food Safety and Inspection Service] is concerned that some product may be in consumers’ refrigerators and in retail deli cases. Consumers who have purchased these products are urged not to consume them and retailers are urged not to sell these products with the referenced sell by dates. These products should be thrown away or returned to the place of purchase. Consumers who have purchased these products are also urged to clean refrigerators thoroughly to prevent the risk of cross-contamination.

Boar’s Head published a list of the recalled products.  These include several brands and product types.

CBS used FOIA to request USDA’s records of Boar’s Head inspection results.  These take up 44 pages.

Food Safety News did a summary: “Inspection report reveals history of sanitation issues at Boar’s Head plant linked to deadly Listeria outbreak.”

Over a year of repeated sanitation failures — totaling 69 violations — at Boar’s Head’s Virginia plant, appears to have fueled the ongoing Listeria outbreak that has sickened 57 people across 18 states and claimed nine lives…The violations documented in the report include the presence of mold and mildew on surfaces that employees use to wash their hands, on the outside of steel vats and in holding coolers between smokehouses. These conditions are particularly concerning given the ability of Listeria monocytogenes to thrive in cold, moist environments.

CBS did a news video on the inspection results: “Mold, mildew and bugs linked to listeria outbreak, records show.”

Food safety lawyer Bill Marler is calling for a Congressional Investigation.

…years of inspection reports leave little doubt that the Boar’s Head plant’s HACCP [required safety plan] must have been either non-existent or used for toilet paper. It is hard to wrap your head around how food could be produced in these conditions by this company and under the un watchful gaze of FSIS inspectors.

Today’s New York Times points out that food safety recalls have additional consequences.  The economic viability of the town that houses this Boar’s Head plant depends on it for employment and purchases of local services.

Comment

Few of the food safety issues I’ve written about recently involve meat.  This is because of a major overhaul of USDA requirements for meat safety in the 1990s.  Once the USDA required meat producers to develop and use HACCP [Hazard Analysis and Critical Control Point] safety plans, outbreaks due to contaminated meat declined.  When done right, these plans are highly effective.  They require producers to identify places in production where contamination could occur, take steps to prevent contamination at those critical control points, and monitor to make sure those steps were taken.  USDA inspectors are supposed to make sure all that happens.

But the inspection system has a built-in conflict of interest.  The system is voluntary.  The USDA cannot force compliance or order recalls.  All it can do is to withdraw its inspectors, thereby forcing the plant to close.  Nobody ever wants to do that.

The food safety system, divided between two agencies as it is (with different legislative mandates and different powers), needs an overhaul.  Lives are at risk.

If you have any Boar’s Head products in your freezer, better take a look at what they are and get rid of any on the recall list.

And let your congressional representatives know that you want better food safety oversight.

Additions

Thanks to Michael Jacobson for sending a link to the Boar’s Head website and the company’s promotional video.  After seeing it, this feels like even more of a tragedy.

Here’s Bill Marler’s legal complaint, just filed.

7-31-24: USDA withdraws inspectors

9-13-24: Boar’s Head announces plant closure

The FDA is once again asking food companies to voluntarily reduce the sodium in their products.

It says that 40% of food categories have done just that.

Prior to 2021, consumer intake was approximately 3,400 milligrams per day on average, far higher than the limit recommended by the Dietary Guidelines for Americans of 2,300 milligrams per day for those 14 years and older.

If finalized, the new set of voluntary targets would support reducing average individual sodium intake to about 2,750 milligrams per day. This reduction is approximately 20% lower than consumer intake levels prior to 2021.

it has published a report on this progress.

A quick reminder: salt is 40% sodium.  The Dietary Guidelines upper limit target of 2300 mg/day sodium means nearly 6 grams of salt per day, or 1.5 teaspoons.

As for why this matters, Sodium Reduction Is A Proven Strategy That Saves Lives—More Work Is Needed To Hold Industry Accountable.

In 2016, the Food and Drug Administration (FDA) embarked on a sodium reduction strategy, only to meet repeated political hurdles…there has been little industry engagement, minimal public reporting, and no consequences if targets are not achieved.

Salt reduction across the entire food supply is the only measure that will help people reduce sodium intake.  This issue has been around for a long time.

Voluntary reduction is nice, but does not go nearly far enough and it can always be reversed.

The FDA could and should do more.

OK, granted.  Political opposition to salt reduction is fierce—if foods aren’t salty enough, people might not buy them.

But the FDA also has a long history of protection of commercial interests, which it claims it cannot share because it is obliged to protect trade secrets.  It’s time for that to change too.

At last, a presidential candidate interested in food.

The Harris-Walz agenda aims to lower costs for Americans, food costs among them.

Vice President Harris and Governor Walz will work to enact a plan in their first 100 days to go after bad actors to bring down Americans’ grocery costs and keep inflation in check. They will work with Congress to:

• Advance the first-ever federal ban on price gouging on food and groceries;
• Set clear rules of the road to make clear that big corporations can’t unfairly exploit consumers to run up excessive profits on food and groceries.
• Secure new authority for the FTC and state attorneys general to investigate and impose strict new penalties on companies that break the rules.

Furthermore,

Vice President Harris will also direct her Administration to crack down on unfair mergers and acquisitions that give big food corporations the power to jack up food and grocery prices and undermine the competition that allows all businesses to thrive while keeping prices low for consumers.

And her plan will support smaller businesses, like grocery stores, meat processors, farmers, and ranchers, so those industries can become more competitive….More competition means lower prices for you and your families.

Unfair mergers?  Mars had just proposed to buy Kellanova, and I discussed the Kroger-Albertson’s proposed merger yesterday.

At a campaign event in North Carolina, Vice President Kamala Harris again discussed food prices.

A loaf of bread costs 50 percent more today than it did before the pandemic.  Ground beef is up almost 50 percent.  Many of the big food companies are seeing their highest profits in two decades.  And while many grocery chains pass along these savings, others still aren’t.

…My plan will include new penalties for opportunistic companies that exploit crises and break the rules, and we will support smaller food businesses that are trying to play by the rules and get ahead.

…We will help the food industry become more competitive, because I believe competition is the lifeblood of our economy.  More competition means lower prices for you and your families.

Good, but these are campaign promises that necessarily depend on Congressional support.

As Politico explains,

…it’s unlikely Democrats will have the votes to pass price-gouging legislation in Congress. Her proposal essentially mirrors a bill from Democratic Sens. Elizabeth Warren (D-Mass.), Bob Casey (D-Pa.) and Tammy Baldwin (D-Wis.) that has stalled amid GOP opposition.

And Harris’ pitch, which includes giving the FTC more resources to investigate major acquisition deals in the food sector, would need GOP buy-in so Democrats can swing extra FTC resources via spending fights in Congress.

The food industry, of course, protests.

The Food Industry Association blames higher prices on inflation.

The National Grocers Association says its profit margins are already too thin.

I have no idea how any of this will play out, but it’s terrific to see food issues on the agenda.

Recall that the large grocery chain, Kroger, proposed a couple of years ago to acquire another large grocer, Albertsons, for about $25 billion.

The FTC did not think this was a good idea.  It FTC filed a suit to prevent the proposed merger on the grounds that it would make the US supermarket landscape even less competitive than it already is.  It would be likely to raise prices for consumers, reduce wages for employees, and (as I’ve written previously) lead to the closure of many stores.

Kroger is fighting back.  It filed an injunction arguing that blocking the merger violates the constitution. 

In its news release, Kroger said

“The merger between Kroger and Albertson’s is squarely focused on ensuring we bring customers lower prices starting day one while securing the future of good-paying union jobs,” said Rodney McMullen, Kroger Chairman and CEO. “We stand prepared to defend this merger in the upcoming trial in federal court – the appropriate venue for this matter to be heard – and we are asking the Court to halt what amounts to an unlawful proceeding before the FTC’s own in-house tribunal.”

In the meantime, BIG, a newsletter on the politics of monopoly power, reports

After two years of investigations and negotiations over court logistics, next week, the Federal trial for the $24 billion Kroger-Albertsons supermarket merger begins. And this one’s really bitter, with new revelations emerging a few days ago from the Federal Trade Commission that a group of Albertsons executives, including CEO Vivek Sankaran, have been deleting text messages relevant to the trial that the court ordered them to preserve. That’s a big legal no-no.

A big legal no-no indeed. This from the FTC’s complaint (references omitted)

On January 17, 2024, the FTC requested a detailed accounting from Albertsons about how responsive documents were lost and what efforts had been taken to recover lost documents. Albertsons did not respond for nearly four months. When they finally responded, they detailed efforts to recover deleted messages from Mr. Broderick’s and Vivek Sankaran’s phones. . Although Albertsons was able to recover approximately 70 text messages from Mr. Sankaran’s phone, further efforts proved unsuccessful…For months, Plaintiffs have tried to seek information about the extent to which Albertsons’ text messages were deleted, obtaining a court order in the Administrative Adjudication requiring production of texts from potential trial witnesses,  and raising repeated inquiries about inexplicably missing documents.

This is what the USDA says consolidation in the grocery industry looks like now.  The proposed merger will only add to monopoly power int he grocery industry.  For the record, Walmart accounts for about 25% of grocery sales int he US.

Is the Kroger-Albertson’s merger likely to be good for the public?  The FTC does not think so and neither do I.