Search results: Cereal

I haven’t posted an industry-funded study with predictable results in a while but when I saw this headline from FoodNavigator-Asia, I couldn’t resist.

The headline: “The most important meal of the day: Daily breakfast may lower obesity risk in schoolchildren — Nestlé study.”

High marks to FoodNavigator-Asia for naming the funder in the headline.

Its article referred to this study:

Breakfast consumption among Malaysian primary and secondary school children and relationship with body weight status – Findings from the MyBreakfast Study, by E Siong Tee, Abdul Razak Nurliyana,  A Karim Norimah, Hamid Jan B Jan Mohamed , Sue Yee Tan, Mahenderan Appukutty, Sinead Hopkins, Frank Thielecke, Moi Kim Ong, Celia Ning, Mohd Taib Mohd Nasir.  Asia Pacific Journal of Clinical Nutrition 2018;27(2):421 – 432.

Purpose: To determine the relationship between breakfast consumption and body weight status among primary and secondary school children in Malaysia among 5,332 primary school children aged 6 to 12 years and 3,000 secondary school children aged 13 to 17 years.

Results: “The proportion of overweight/obesity was higher among breakfast skippers (boys: 43.9%, girls: 30.5%) than regular breakfast eaters (boys: 31.2%, girls: 22.7%)…. Compared to regular breakfast eaters, primary school boys who skipped breakfast were 1.71 times (95% CI=1.26-2.32, p=0.001) more likely to be overweight/obese, while the risk was lower in primary school girls (OR=1.36, 95% CI=1.02-1.81, p=0.039) and secondary school girls (OR=1.38, 95% CI=1.01-1.90, p=0.044).”

Conclusion: “Regular breakfast consumption was associated with a healthier body weight status and is a dietary behaviour which should be encouraged.”

Author disclosures: “This study was funded by Cereal Partners Worldwide (CPW), Lausanne, Switzerland and Nestlé R&D Center, Singapore. Sinead Hopkins and Frank Thielecke were working for CPW, Lausanne, Switzerland, and Moi Kim Ong and Celia Ning were working for Nestlé R&D Center, Singapore, when the study was conducted. All authors declare that they have no conflicts of interests.”

I was particularly interested in this study for several reasons:

• Cereal Partners Worldwide is a joint venture between Nestlé and General Mills.  They have an interest in promoting breakfast cereals.
• Nevertheless, the authors who work for CPW or Nestlé believe that their employment with companies with vested interests in the outcome of research creates no conflict of interest.
• Breakfast, as Julia Belluz of Vox puts it, is often dessert in disguise.
• This particular study was performed by some of the same investigators discussed in the New York Times as part of its Planet Fat series.  See: Fuller T, O’Connor A, Richtel M.  In Asia’s fattest country, nutritionists take money from food giants.  NY Times, Dec 23, 2017.

No, I do not believe that breakfast is the most important meal of the day (I’m not much of a breakfast eater).  Eat when you feel hungry.

It does make sense to think that children should be fed at regular intervals and should not go to school hungry.  It also makes sense that regular meals encourage healthier patterns.  But preventing obesity?  That seems like a stretch, especially when the study’s funders have a financial interest in selling breakfast cereals.

I vote for smokescreen.

Let’s take this one step at a time, starting with the FY 2019 Budget announced last week.  In this administration’s usual Orwell-speak:

The Budget proposes a bold new approach to administering the Supplemental Nutrition Assistance Program (SNAP) that combines traditional SNAP benefits with 100-percent American grown foods provided directly to households and focuses administrative reforms on outcome-based employment strategies. The Budget expands on previous SNAP proposals to strengthen expec­tations for work among able-bodied adults, pre­serves benefits for those most in need….

Translation: work requirements and budget cuts.  These are emphasized in the FY 2019 Budget Addendum.  This proposes a $17 billion cut in funding ($213 billion over the next decade).  In more Orwell-speak, it is

designed to improve nutrition and target benefits to those who need them while ensuring careful stewardship of taxpayers’ money. This  suite of proposals includes a new approach to nutrition assistance that combines retail-based SNAP benefits with a package of nutritious, 100 percent American-grown food. The Budget also encourages States to innovate in helping participants move to self-sufficiency and improving employment outcomes.

This language comes directly from USDA Secretary Sonny Perdue’s Big Idea: America’s Harvest Box, specified as containing:

Shelf-stable milk, juice, grains, ready-eat-cereals, pasta, peanut butter, beans, canned meat, poultry or fish, and canned fruits and vegetables.

The box would account for roughly half the benefits; the other half would come from using EBT cards, as in the past.

What got all the attention was a statement from White House OMB Director Mick Mulvaney, as reported in the Washington Post:

What we do is propose that for folks who are on food stamps, part — not all, part — of their benefits come in the actual sort of, and I don’t want to steal somebody’s copyright, but a Blue Apron-type program where you actually receive the food instead of receive the cash,” Mulvaney said. “It lowers the cost to us because we can buy [at wholesale prices] whereas they have to buy it at retail. It also makes sure they’re getting nutritious food. So we’re pretty excited about that.

Blue Apron, in case you haven’t been keeping up with this, is a meal-delivery service that has had some fiscal problems lately.

The budget plan includes some “add-back” requests for additional funds for special purposes.  One such request is for $30 million to test whether the Harvest Box plan works.

Under this proposal grants would be made to a small number of states to design, implement, and evaluate the provision of a package of USDA Foods in combination with the traditional Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps) electronic benefits used at approved retailers. This supports early implementation and evaluation of the related 2019 Budget proposal, which calls for this program structure nationwide and is estimated to save over $12 billion in 2019, and $129 billion over ten years. These grants would provide important policy and administrative lessons to inform efficient and effective nationwide implementation.

What are we to make of all this?  My favorite reaction comes from Politico: “Trump’s Food Stamp Idea Is Like Blue Apron Had a Socialist Hangover.”

It is hardly pro-market to displace the private sector and build a parallel, state-run distribution system, no matter how many times you name-check Blue Apron. This is the sort of thing you find in countries still recovering from socialist hangovers…No, the “Harvest Box” approach to hunger policy makes sense only in the context of hunger politics. And hunger politics have always been as much about the welfare of agribusiness as about the welfare of the poor…. It is generally more expensive than either buying food locally and distributing it or simply giving the recipients cash or vouchers to purchase their own food. Rigorous experimental testing has shown that it does not even produce systematically better nutritional outcomes than giving out money.

I particularly enjoyed Andy Fisher’s comments.  Fisher is author of Big Hunger: The Unholy Alliance between Corporate America and Anti-Hunger Groups (see my Weekend Reading post on this book).  “Comrade Trump, he says, might just be on to something.”  SNAP, he points out,

is an accomplice to our need for cheap food with the accompanying externalities caused to public health. It reinforces the ills of the marketplace rather than seeks to transform them.”

His suggestion?  Nationalize the grocery industry.

The NY Times pointed out that even Trump administration officials don’t think this is a serious proposal:

administration officials on Tuesday admitted that the food-box plan…had virtually no chance of being implemented anytime soon.  Instead, the idea…was a political gambit by fiscal hawks in the administration aimed at outraging liberals and stirring up members of the president’s own party working on the latest version of the farm bill.  The move, they said, was intended to lay down a marker that the administration is serious about pressing for about $85 billion in other cuts to food assistance programs that will be achieved, in part, by imposing strict new work requirements on recipients.

Let’s be clear what this about: Cuts to SNAP.  As the Center for Budget and Policy Priorities analyzes the situation, the plan intends to cut SNAP benefits as well as:

• Expand government bureaucracy
• Shift costs to states and nonprofits
• Increase costs for participants
• Restrict access to fresh fruits and vegetables
• Increase stigma for low-income households
• Negatively impact retailers

Let me add a couple of other points:

• If you want to help the poor and save money, use cash transfers.  These demonstrably work better.
• If you want food boxes to improve nutritional status, go to the WIC model and include some fresh foods.

The bottom line:  pay attention to the budget cuts.

A colleague in France, Serge Hercberg, a nutrition professor at the University of Paris writes to say that the French government’s decision on October 31 to support voluntary adoption of a “Nutri-Score” front-of-package label is now under attack by the food industry.

Nutri-Score looks like this (A is nutritious, lower grades less so):

The food industry wants something like this (of course it does, nobody can possibly understand it):

My colleague writes:

However,a powerful trade group, which includes major manufacturers of breakfast cereals, candies and cookies, is encouraging its members to instead select another type of nutrition al label. The trade group’s position is aligned with that of six food conglomerates – Mars, Mondelez, Nestlé, Coca-Cola, Unilever et PepsiCo (known as the “Big 6”) – who announced in March that they intended to develop an alternative system for the European Union.

With his nutritionist colleague, Chantal Julia, he describes in The Conversation what this fight is about.  I particularly like their example of how the two schemes help (or do not help) consumers choose between a yogurt and a fruit puree.

The Conversation article also comes in a French version.

I’ve written many times about the Grocery Manufacturers Association (GMA), an organization so locked into the interests of its food-company donors that you can count on it to vehemently oppose every consumer-friendly measure that gets proposed.

A couple of weeks ago, Politico’s Helena Bottemiller Evich and Catherine Boudreau wrote what they discovered about the unraveling of the GMA: the big Washington food fight.

The defectors so far:

• Campbell Soup
• Nestlé (my non-namesake)
• Dean Foods
• And, most recently, Mars.

Mars says:

At this time, we believe we can more effectively drive our business objectives and meaningful progress for our categories and consumers by working with other like-minded companies and through other sector-specific trade associations and collaborations.

What’s going on?  Easy.  GMA just isn’t keeping up with today’s marketplace.

Politico’s analysis (these are quotes):

• Companies are increasingly under pressure to find growth in a market where more and more consumers are seeking healthier fare, whether they’re buying organic baby food, cereal without artificial colors or meats raised without antibiotics.
• As legacy brands lag, food companies have two options: Change to compete or buy up the new brands that are already growing rapidly.
• With each episode of discord, both internally and publicly, it becomes harder for GMA to convince its members to pay fees to belong to a trade group that’s rife with division and, at times, fights against issues they either don’t want fought or don’t want to be associated with.
• “More than one food industry lobbyist has told me that they spend more time lobbying their industry association than they do Capitol Hill,” said Scott Faber, vice president of government affairs at the Environmental Working Group.
• Many in Washington think GMA has been tone deaf as it has, in some cases, kept up lavish spending even as its members are cutting costs and laying off workers to meet their quarterly targets.
• “I don’t know a single challenger brand that’s said ‘hey, I need to join GMA,'” said John Foraker, the founder and former CEO of Annie’s.

My favorite quote comes from Jeff Nedelman, who was a VP of communications at GMA during the 1980s and ’90s: “To me, it looks like GMA is the dinosaur just waiting to die.”

May it rest in peace.

Charles Platkin of Hunter’s Food Policy Center sent me this photo taken on the subway a week or so ago.

A croissant to advertise the school system’s breakfasts?

Charles and a colleague greatly favor the school breakfast program, but the ad?  Not so much.  They discuss it in a post: “Unhealthy Health Advertising May Stimulate Eating and Send the Wrong Message.”

Here’s my quote:

“I’m in favor of kids getting breakfast in schools. It saves lots of problems for parents and ensures that kids start the day with some food in their stomachs. It’s wonderful that the New York City Schools are doing this. With that said, the devil is in the details. I assume that all breakfasts meet USDA nutrition standards.

But croissants? These can be delicious—all that butter–but I wouldn’t exactly call them “healthy” and I’m wondering whose bright idea it was to choose that item to display. Looking at the menus for December, they are largely grain-based—bread, granola, tortillas, bagels, cereals, and the like—along with fruit and milk.   I think they look pretty good—they certainly could look a lot worse–but the proof is in the eating. Some parents will hate these breakfasts (too much sugar, too many packages, not enough protein). Others ought to be grateful. Ideally, cooks would be making delicious hot breakfasts for kids in school but that isn’t going to happen and from my standpoint this is a reasonable compromise. Presumably, kids who ate breakfast at home won’t need or take these items. I’d like to see them in action to really get an idea of how this is working.

Advocates have been pressing USDA for years to (1) get data on what SNAP recipients buy with their benefits, and (2) permit pilot studies of what happens to purchases of soft drinks if you exclude them from the benefit package.

In 2012, I did a post on the 2012 SNAP to Health report.  Its recommendations:

1.  Protect SNAP benefits.
2.  Collect data

Lots of people have been trying to get USDA to produce data.  Anahad O’Connor, the author of the New York Times account, filed a Freedom of Information request with USDA.  In response, USDA sent him a report it had commissioned from IMPAQ, a “beltway bandit” consulting firm.  His story is here (I’m quoted).

Now we have a partial answer.  IMPAQ analyzed data from one large, unnamed retailer (could it be Walmart?).

Here’s USDA’s summary of the study (and here’s the complete study).

The USDA says the study shows that SNAP recipients buy pretty much the same amounts of what everyone else buys.

Summary category data show that both SNAP and non-SNAP households focused their spending in a relatively small number of similar food item categories, reflecting similar food choices. The top five summary categories totaled about half of the expenditures for SNAP households and non-SNAP households (50 versus 47 percent). Commodity-level data (in the full report) show that both SNAP and non-SNAP households made choices that may not be fully consistent with the Dietary Guidelines for Americans.

My reading of the report suggests that in this study, SNAP recipients spent more of a combination of their SNAP benefits and their own private money on:

• Sugar-sweetened beverages
• Hamburger
• Frozen meals
• Salty snacks
• Lunch meats
• Flavored milk
• Kids cereals
• Frozen French fries
• Convenience foods in general
• Infant formula

The report does not discuss why these differences might exist but it would be interesting to find out.

If sugar-sweetened beverages really comprise 9.5% of purchases, that comes to $6 billion a year.

That’s why taking them off the list of eligible foods is worth a try.

Recent SNAP news

The USDA is sponsoring a pilot project to allow SNAP participants to buy foods online from certain retailers, including Amazon in three states, Fresh Direct in New York, and various grocery chains in other states.

The idea is to make it easier for SNAP participants to get access to healthier foods.

I hope the USDA is keeping score on what gets bought online, and whether foods cost more.  The benefits are not allowed to be used for delivery costs.

I always like to share FoodNaviagator-USA’s special editions—collections of articles on one theme, in this case, what’s happening with snacks from the industry’s perspective.

Special Edition: Snacking trends 

What’s hot in snacks? Sprouted grains? Posh jerky? Chickpeas? Gourmet marshmallows? What’s the difference between a meal and a snack, or are the lines becoming increasingly blurred? What’s a suitable portion-size? This FoodNavigator-USA special edition explores the hottest new trends and brands in the market.

• Consumers want tooth-friendly confectionery treats: Consumers don’t want to compromise – they want both sweet treats and good oral health. And of course great taste! Learn how Zerose^® erythritol delivers with this infographic highlighting a recent clinical study and proprietary consumer research…   Click Here
• yusō founder: The next generation of snacks is fresh, satisfying and healthy: Japanese onigiri – protein-filled sticky rice balls wrapped in crunchy seaweed – are gaining traction in US restaurants. But if yusō founder Sarah Sturtevant has her way, they could also give retailers convenient new savory options in their emerging refrigerated snacking sets… Read
• Serial snacker: Can Jason Cohen strike CPG gold again with Road Crew Crunch? Most entrepreneurs are lucky if they strike CPG gold once. Jason Cohen has done it multiple times, and reckons he could be onto a winner again with Road Crew Crunch, a simple combination of chocolate, nuts, rice and pretzels he discovered on a family vacation in Vermont… Read
• Perfect Bar CEO: The refrigerated snacking category is on fire: Getting retailers to give up valuable space in the chiller for nutrition bars was a tough sell when Bill Keith first started knocking on doors in 2006. Today, Perfect Bars are the third best-selling snack bar in the natural channel, and their success has prompted many retailers to completely rethink the way they merchandise snacks… Read
• Crunchsters secures financing to bring sprouted mung beans to the US snacks aisle: Most Americans are pretty clueless about mung beans, but Crunchsters – a Boulder-based start-up determined to put them on the culinary map – reckons it’s only a matter of time before the protein- and fiber-packed beans become an essential part of every retailer’s healthy snacks set… Read
• BjornQorn’s mission-driven sun-popped corn attracts both buyers and brand collaborations: The Brooklyn-based small-batch popcorn brand saw its sales double after a collaboration with Jeni’s Splendid Ice Cream, which used the snack in one of its summer flavors… Read
• Baby and toddler snacks often fall short on nutrition while marketing misleads parents, review reveals: Food manufacturers should voluntarily expand the Children’s Food and Beverage Advertising Initiative for improving food advertising to children to include marketing of baby and toddler food and drinks, the Rudd Center for Food Policy and Obesity recommends after it found marketing for baby and toddler snacks are likely to mislead parents about nutritional content… Read
• Startup brand DNX Bar bets on the meat bar category: Distributor United Natural Foods has signed a deal to distribute DNX Bar’s beef and bison meat bars. Founder John Rooney believes it’s a sign that the meat snack category is poised to exit the ‘trendy’ realm and become a new snack-aisle staple… Read
• Quinn Snacks removes more than gluten from pretzels, shows consumers its supply line: Historically consumers who wanted a gluten-free alternative to a wheat-based product had to sacrifice nutrition, taste or accept the presence of other common allergens in the ingredient list. .. Read
• Pasta Chips secures $3m cash injection: Pasta Chips has secured a $3m investment from Advantage Capital Agribusiness Partners, LP (ACAP), along with Silas Capital and Emil Capital Partners… Read
• What’s the size of the sprouted food prize? To Your Health Sprouted Flour Co – the Alabama-based supplier of the organic sprouted grains in Kashi’s cereals – has expanded its facility for the third time to meet surging demand, says founder Peggy Sutton, who is predicting revenues of $6m in 2016, 10-years after she first started sprouting grains in mason jars in her kitchen. .. Read
• Full of beans? BRAMI lupini bean snack firm raises $1.5m in seed funding round: BRAMI, the New York-based brand bringing the Mediterranean lupini bean to the snack aisle, has closed on a $1.5m seed round of funding led by Lerer Hippeau Ventures, AccelFoods and Enlightened Capital… Read
• Malted milk helps startup root cookies in nostalgia & be on cutting edge of current trends: The founders of startup Malt Shop Cookies are hoping to jumpstart their new ecommerce business by launching on Cyber Monday the online sale of their line of malted milk cookies before expanding into more traditional brick and mortar stores next year… Read
• Pulse Innovation Forum highlights: Introducing lupini beans, and do we need a ‘Got Milk?’ style campaign for pulses? From terminology (do US consumers get the word ‘pulses’?), to positioning (what are the key selling points?), and how to deal with flatulence questions, the recent FoodNavigator-USA Pulse Innovation Forum covered a lot of ground. Here are some of the highlights from the 60-minute session, supported by Ingredion, which is now available on demand. .. Read
• FOOD VISION USA 2016… THE TRAILBLAZERS: Hippeas carves out new territory in snacks, ‘What really gives me confidence is the level of consumer engagement’ Give peas a chance? It’s tough breaking into the ultra-competitive snacks market with a brand that resonates across all retail channels, but Hippeas – one of three winners in this year’s trailblazers challenge at Food Vision USA – has managed to pull it off. So what is founder Livio Bisterzo doing differently?.. Watch now
• Startup The Little Kernel shows when it comes to RTE popcorn smaller can be better: Based in part on the idea that good things come in small packages, the founders of The Little Kernel earlier this year launched a line of tiny pre-popped popcorn, which they say is sweeter, crunchier and easier to eat than regular sized popcorn because it won’t get stuck in consumers’ teeth… Read
• New Pop sets itself apart in crowded RTE popcorn category by offering first ‘skinless’ option: Already recognized by many as the epitome of a convenient and better-for-you snack, ready-to-eat popcorn is about to become even healthier and easier to enjoy, claim the founders of New Pop as it makes its US debut… Read
• Four emerging trends to watch in snacks in 2017: From sour and heat combinations to charred flavors and California garlic, Sensient Natural Ingredients outlines key flavor/ingredient trends to watch in the snacks category in 2017… Read
• Pure Growth Organic seeks to make organic accessible & acceptable to children: Rightly or wrongly, organic snacks often are stereotyped as “esoteric” products that sacrifice flavor and fun for nutrition and are “hard on the wallet” compared to their conventional counterparts, according to the CEO of Pure Growth Organic… Read

This is one of FoodNavigator-USA’s special edition collections of articles on similar themes, in this case food labeling and lawsuits over labeling issues.  These are a quick way to get up to speed on what’s happening from a food industry perspective .  FoodNavigator introduces this collection:

Food and beverage companies have faced a tsunami of false advertising lawsuits over the past five years. But how big of an issue is this for the industry, who has been targeted, and what strategies are working, both for plaintiffs and defendants in these cases? In this special edition, we also look into labeling issues and trends, from healthy, Paleo and grass-fed claims to NuTek’s potassium salt petition.

• FOOD LITIGATION 101: Are you up to speed?  There have been hundreds of class action lawsuits directed against food and beverage companies in recent years over everything from evaporated cane juice to Non-GMO claims. But has the false advertising litigation trend peaked, and if not, what are the new areas of vulnerability for food companies? .. Read
• More farm-related claims to appear on pack, Innova Market Insights forecasts: Now that clean label has moved on from being a trend to becoming “the new rules of the game,” Innova Market Insights predicts more brands will rely on ‘farm to fork’ claims and bucolic imagery as a differentiator… Read
• Paleo certification requests have doubled annually, scheme embraced by ‘household names,’ says Paleo Foundation: Demand for Paleo-certified products are on the rise. But is the diet – and the certification scheme – based on sound science? We chat with Paleo’s critics and proponents to get the inside scoop… Read
• Dairy from cows fed GM feed is not ‘all-natural’, alleges lawsuit vs Dannon – but will it fly?  Has the FDA’s probe into ‘natural’ claims on food labels put a stop to the tidal wave of false advertising lawsuits engulfing food manufacturers? Not if a new complaint against Dannon is anything to go by, which also delves into the thorny issue of GMOs, another area currently being scrutinized by regulators. .. Read
• Future of Nutrition Facts, menu labeling & food safety are unclear under Trump, CSPI says: While President-elect Trump’s position on food policy is relatively unclear still, changes to the exhaustively researched and intensely debated Nutrition Facts label, menu labeling rule and food safety regulations could all be on the chopping block under the new administration, warns a top nutrition policy expert… Read
• Comments in FDA docket reveals consumers’ shifting perceptions of ‘healthy’: If the FDA’s decision to wade into the ‘natural’ debate seemed like an act of sadomasochism, its decision to re-examine the criteria underpinning ‘healthy’ claims on food labels looks set to be equally painful, judging by the first wave of public comments filed in the docket… Read
• FDA hints at how conventional foods can make structure/function claims: For the first time, FDA weighs in on what marketers must have on hand to support claims about conventional foods’ direct impact on consumers’ bodies. .. Read
• Soup-To-Nuts Podcast:The rise & future potential of grass fed claims: Grass-fed claims on products are a beacon for consumers who are health-conscious, want minimally processed food and care about animal welfare, and as such manufacturers increasingly are using them on products across categories and channels to drive up sales sharply… Listen now
• ProTings closes $1.2m financing round, changes name to Protes after spat with Original Tings: Brooklyn-based pea protein chip pioneer Proformance Foods has closed a $1.2m financing round led by a leading CPG company, and changed its brand name from ProTings to Protes following a trademark dispute with B&G Foods, which owns the Original Tings brand… Read
• Vox Pop: Consumers had this to say about GMO labeling…On the heels of President Barack Obama signing into law a federal bill requiring the disclosure of genetically modified organisms (GMOs) on packaged food and beverage products, we at Beverage Daily and FoodNavigator-USA asked consumers at a downtown Chicago farmers market what they thought of GMOs… Watch now
• Are ‘GMO-free’ (as opposed to ‘non-GMO’) claims legally defensible? As the Non-GMO Project states on its website, ‘GMO-free’ claims are “not legally or scientifically defensible due to limitations of testing methodology” coupled with cross-contamination risks. In future, however, that could change as testing methods become more sophisticated, predicts Clear Labs, a Californian start-up which recently hit the headlines after identifying human and rat DNA in hamburgers [albeit within safe parameters]… Read
• Label Insight: Your SmartLabel landing pages could become more important than your website or facebook pages: While the SmartLabel initiative has been dismissed by some as an elaborate conspiracy by big food companies to avoid mandatory on-pack GMO labeling statements, it will ultimately have far broader significance – and potentially a huge impact on how consumers view all food and beverage products – predicts product data and image platform Label Insight… Read
• House approves federal GMO labeling bill that nullifies Vermont law: The US House of Representatives has voted to pass a federal GMO labeling bill (306:117 votes) that would pre-empt and nullify all state-led GMO labeling laws including the one that has just come into effect in Vermont. .. Read
• Hampton Creek to settle worker classification lawsuit: Just Mayo maker Hampton Creek – one of a growing number of food companies sued for allegedly misclassifying workers as independent contractors as opposed to employees – is settling its case in order to avoid the hassle and expense of protracted litigation, court documents show… Read
• Kellogg, Post & General Mills urge courts to toss ‘meritless’ sugar lawsuits: Kellogg, General Mills and Post Foods have urged the courts to ditch high-profile lawsuits over the sugar content in their cereals, on the grounds that their claims are pre-empted by federal law and that no reasonable consumer would find their labels to be false or misleading… Read
• Dole Foods 9th Circuit ruling reignites all-natural lawsuit, ’emboldens plaintiff’s bar’: The Ninth Circuit Court of Appeals has reversed (in part) a lower court’s ruling that Dole Foods’ ‘all natural fruit’ labeling likely isn’t deceptive, resurrecting a four-year-old lawsuit, and giving fresh ammunition to plaintiff’s attorneys pursuing ‘all-natural’ cases… Read
• Parties clash over Welch’s ‘made with real fruit’ fruit snack label claims: Reasonable consumers may well be misled by the packaging of Welch’s fruit snacks, a magistrate judge has concluded, prompting a lengthy rebuttal from the defendants in court documents filed this month. .. Read
• Shoppers aren’t confused by our labels, Chobani tells court: ‘Plaintiffs count on a consumer who is a veritable fool’: A false advertising lawsuit alleging that Chobani’s labels are confusing and deceptive, paints American consumers as credulous fools unable to apply common sense when they go shopping, argues the yogurt maker in court documents urging the judge to toss the case… Read
• GMA to FDA: Sodium reduction guidance must be re-worded or industry will face a tidal wave of ‘frivolous litigation’: Two years isn’t enough time for food manufacturers to make the kind of reductions in sodium that the FDA is asking for, says the Grocery Manufacturers Association (GMA), which also urges the agency to tweak the wording of its guidance in order to avoid “a wave of frivolous litigation.”.. Read
• American Bakers Association backs ‘potassium salt’ petition: It sounds more clean label: The American Bakers Association (ABA) has joined the CSPI, Unilever, and other food manufacturers in voicing its support for a citizen’s petition asking the FDA to permit ‘potassium salt’ as an alternate name for potassium chloride on food labels, while the Salt Institute remains resolutely opposed… Read