Search results: Complaint

I’m still trying to understand how it happened that USDA’s plan for peaceful coexistence among growers of alfalfa—genetically modified (GM), industrial (but not GM), and organic (definitely not GM))—failed so miserably.  It was the first time that USDA seemed to be recognizing the legitimacy of complaints that GM crops are contaminating organic crops.  I thought this was a food step forward.

But the USDA ended up approving GM alfalfa with no restrictions—just promises to study the matter.

I’ve now seen some explanations that not only make sense, but also shed considerable light on how agricultural politics works in Washington these days.

Sam Fromartz, author of Organic, Inc, writes on his blog that after USDA’s decision:

The only appeasement the USDA offered were panels on studying ways to prevent contamination from occurring in the future. But this seems akin to studying ways to protect a forest after loggers have been allowed to cut down the trees.

The decision was a stunning reversal of a more measured approach that Vilsack appeared to be taking in December, when the USDA talked about considering the impact of the GM crop on other sectors of agriculture. But that was before he faced an uproar by the GM industry and the editorial page of the Wall Street Journal for playing nice with organic farmers.

Gary Hirshberg, in response to heavy criticism that he sold out to Monsanto, writes on the Huffington Post:

Stonyfield is absolutely and utterly opposed to the deregulation of GE crops. We believe that these crops are resulting in significantly higher uses of toxic herbicides and water, creating a new generation of costly “super” weeds, pose severe and irreversible threats to biodiversity and seed stocks, do not live up to the superior yield claims of their patent holders and are unaffordable for small family farmers in the US and around the world.

We believe that organic farming methods are proving through objective, scientific validation to offer far better solutions. We also believe that unrestricted deregulation of GE crops unfairly limits farmer and consumer choice.

…From the outset of these stakeholder discussions, it was clear that GE alfalfa had overwhelming political, legal, financial and regulatory support, and thus the odds were severely stacked against any possibility of preventing some level of approval, just as has been the case with GE cotton, soy, canola and corn.

Keep in mind that, according to Food and Water Watch, biotech has spent more than half a billion dollars ($547 million) lobbying Congress since 1999. Their lobby expenditures more than doubled during that time. In 2009 alone they spent $71 million. Last year they had more than 100 lobbying firms working for them, as well as their own in-house lobbyists.

In an interview with Food Chemical News (Feb 3), Andrew Kimbrell, executive director of the Center for Food Safety,  one of the groups leading the opposition to GM alfalfa:

describes USDA’s promises as a “stale gesture” toward organic and other industry groups that had worked with the department on its proposed option for partial deregulation of RR alfalfa. He speculates that USDA was prepared to go down the partial deregulation route but was “shot down at the White House level….

“It’s not about organic and GMOs,” Kimbrell continues. “The real losses are not with organic crops but with conventional crops,” such as rice commingled with Bayer’s authorized LibertyLink 601 variety and corn commingled with the StarLink variety. “The growers can’t sell their crops to Europe or Asia. The issue is how do we keep GMOs from contaminating conventional crops such as rice, corn and now alfalfa?”

Food and Water Watch, another leading group on this issue and the source of the lobbying data in Hirshberg’s comments,  points out that the USDA’s decision to allow unrestricted planting of GM alfalfa is not likely to be an isolated case.  The FDA is currently considering approval of GM salmon, and its decision is expected soon.

Both organizations are organizing protests on their websites, but this is how agricultural politics works these days.

I have now had time to look at the full report of the 2010 Dietary Guidelines–all 95 pages of what they are calling “the policy document.”

Oh no!  What happened to the Selected Messages for Consumers that I posted yesterday?  “Enjoy your food” is not in it and neither are any of the other clear, straightforward messages.  This is a big disappointment.

Nevertheless, the document is well worth reading.

It addresses my complaints about the executive summary.  It explains the meaning of the annoying SOFAS (solid fats and added sugars).  It discusses the need to improve the food environment.

Let me share a few thoughts about selected issues.

SOFAS

The report translates its advice (pages 62-68).   It translates  “Cut back on foods and drinks with added sugars,” a nutrition euphemism, as:

Drink few or no regular sodas, sports drinks, energy drinks, and fruit drinks.  Eat less cake, cookies, ice cream, other desserts, and candy.  If you do have these foods and drinks, have a small portion.

But it translates “Cut back on solid fats” in yet another euphemism:  “Select lean meats and poultry, and fat-free or low-fat milk and milk products.”  This, no doubt, is to avoid the politically impossible “eat less meat.”

Added sugars

The report lists synonyms for added sugars that you might find on a food label (page 75).  The 2005 Dietary Guidelines included “fruit juice concentrates” on that list.  The 2010 guidelines do not.  The Table lists “nectars” but not fruit juice concentrates.  How come?  It doesn’t say.

Food group patterns

The report describes healthy patterns for diets ranging from 1,000 to 3,200 calories a day.  For a diet containing 2,000 calories, you are only allowed 258 calories a day from SOFAS.  That’s all? One 20-ounce soft drink contains more than that and so does  one tablespoon of butter and a 12-ounce soft drink.  No wonder the guidelines don’t want to be specific about foods when they mean “eat less.”

Sodium

The recommendation to reduce sodium intake to 2,300 or 1,500 mg per day is addressed to the wrong people.  Individuals cannot do this on their own since most salt is already added in restaurant and processed foods.  The report recognizes this:

• Consume more fresh foods and fewer processed foods that are high in sodium.
• Eat more home-prepared foods, where you have more control….
• When eating in restaurants, ask that salt not be added….
  

Vegetarian and vegan diets

The report includes diet plans for lacto-ovo vegetarians and vegans (pages 81 and 82).  Applause, please.  When I was on the dietary guidelines advisory committee in 1995, we tried to say something useful about vegetarian diets but were forced to add something about the nutritional hazards of such diets, minimal as they are.  Not having to do this is a big improvement.  But you too only get 258 calories for SOFAS.

How about changing the food environment?

The report makes it clear that the food environment strongly influences the food choices of individuals, and it urges efforts to

• Improve access to healthy foods
• Empower people with improved nutrition literacy, gardening and cooking skills
• Develop policies to prevent and reduce obesity
• And for kids, fix school meals, encourage physical activity, and reduce screen time

In short, there is plenty to work with here.  You just have to look hard and dig deep to find it.

What is the food industry’s reaction?

Just for fun, I’ve been tracking some of the industry reactions.  The soy people love it.  The report mentions soy along with nuts and seeds in the USDA’s meal patterns (page 79), and soy has its own category in the vegetarian and vegan diets (page 81 and 82).

The meat people don’t love it so much.  They are a little worried that seafood is pushed more than meat, but the American Meat Institute is giving it a nice spin, pointing out that the overall meat recommendation has not changed since 2005.

And the Salt Institute?  “Dietary Guidelines on Salt Drastic, Simplistic, Unrealistic.”

I rest my case.

In its continuing effort to crack down on companies making deceptive claims that omega-3 promotes healthy brain and eye development in children, the FTC has just announced deceptive advertising charges against NBTY, a marketer of children’s vitamins.

In February, the FTC  issued warning letters to 11 companies that make products like this one (“pediatrician recommended,” yet).

The FTC said the companies had better get busy and make sure they are not violating the law by “making baseless claims about how the supplements benefit children’s brain and vision function and development.”

The FTC cautioned the companies to make sure they had:

“scientific evidence to support claims that their products boost, improve, enhance, or support brain and vision function and development in children…[and]claims relating to intelligence, cognitive function, learning ability, focus, mood, memory, attention, concentration, visual acuity, and eye health.”

Now, the FTC has reached a settlement with the companies for $2.1 million in refunds, not only because of the unsupported health claims but also because the products did not contain the advertised amount of omega-3’s (see legal complaint):

the multivitamins featured characters such as the Disney Princesses, Winnie the Pooh, Finding Nemo, and Spider-Man.  Product packaging and print ads promoting the vitamins had bold graphics highlighting that the products contained DHA, but in reality, the products allegedly had only a trace amount of DHA.

While the vitamins’ packaging touted the purported health benefits of 100 milligrams of DHA, a daily serving of the Disney and Marvel multivitamins for children ages four years and older contained only one thousandth of that amount (0.1 mg or 100 mcg), according to the FTC’s complaint.

The settlement:

• Bars NBTY, NatureSmart, and Rexall Sundown from misrepresenting the amount of any ingredient contained in any product.
• Bars them from misrepresenting that any ingredient, including DHA, promotes brain or eye health or provides any other health benefit, unless the claim is true and backed by competent and reliable scientific evidence.

• Specifies that any violations could subject the NBTY, NatureSmart, and Rexall Sundown to civil penalties.

I wonder if the FTC is taking a look at the DHA “brain development” claims for Nestlé’s Juice Juice?  Just a thought.

This just in: The FTC announces a settlement with Dannon Yogurt to stop making unsubstantiated, exaggerated health claims for activia.  Dannon may no longer claim that:

• Any yogurt, dairy drink, or probiotic food or drink reduces the likelihood of getting a cold or the flu (unless FDA says it’s OK)
• Activia yogurt will relieve temporary irregularity or help with slow intestinal transit time, unless the ad conveys that three servings of Activia yogurt must be eaten each day.
• Any other yogurt, dairy drink, or probiotic food or drink will relieve temporary irregularity or help with slow intestinal transit time unless the company has two well-designed human clinical studies that substantiate the claim.
• The health benefits, performance, or efficacy of any yogurt, dairy drink, or probiotic food or drink, unless the claims are backed by competent and reliable scientific evidence.

The FTC wants science to back up health claims.  What a concept!

The newly alive Federal Trade Commission (FTC) says POM Wonderful must stop making unscientific claims for the health benefits of pomegranate juice.  POM juice, the FTC says, has not been shown to prevent or treat heart disease, prostate cancer, or erectile dysfunction, as the company claims:

“SUPER HEALTH POWERS! … 100% PURE POMEGRANATE JUICE. … Backed by $25 million in medical research.  Proven to fight for cardiovascular, prostate and erectile health.”

“NEW RESEARCH OFFERS FURTHER PROOF OF THE HEART-HEALTHY BENEFITS OF POM WONDERFUL JUICE.  30% DECREASE IN ARTERIAL PLAQUE … 17% IMPROVED BLOOD FLOW … PROMOTES HEALTHY BLOOD VESSELS … ”

“Prostate health…You have to be on pomegranate juice.  You have a 50 percent chance of getting [prostate cancer].  Listen to me.  It is the one thing that will keep your PSA normal.  You have to drink pomegranate juice.  There is nothing else we know of that will keep your PSA in check. … It’s also 40 percent as effective as Viagra.”

Clinical studies prove that POM Juice prevents, reduces the risk of, and treats, erectile dysfunction.

The complaint cites advertisements in the Washington Post and Fitness magazine, as well as this ad:

According to the New York Times account, the POM Wonderful folks are not taking this lightly.  They have spent a reported $34 million on research to “prove” that POM has antioxidant activity.

But I could have told them that before they spent a dime!  All fruits and vegetables have antioxidant activity.

I love using POM research as an example of how easy it is to design studies to give you the answer you want.  POM research demonstrates that pomegranate juice has antioxidant activity and acts as an antioxidant in the body.  Of course it does.

But so does every other fruit and vegetable and what this research does not do is compare the effects of pomegranate juice to those of orange juice, for example.     That’s the issue I talked about in my November 19, 2007 post titled “The (silly) battle of the antioxidants.”

Which fruit has the most antioxidants? The latest report says blueberries, followed by cranberries, apples, red grapes, and finally green grapes. What? Pomegranates don’t even make the top five? In this case, who knows? The investigators were testing a new assay method and those were the only fruits they examined.

And then there is the troubling matter of whether antioxidants make a demonstrable difference to health.  The European Food Standards Agency has been turning down health claims for antioxidants like mad.  As I discussed on April 16, 2009:

Here’s another example from the pomegranate folks.  They do brilliant advertising, but this time the British are complaining that these marketers went too far when they posted billboards stating that pomegranate (“antioxidant powerhouse”) juice will help you cheat death.  The British advertising standards agency balked.  Here too, pesky science gets in the way.  Studies not only fail to support a benefit of antioxidants but sometimes show harm.

If only that pesky science weren’t so inconvenient, marketers could do as they please.  The New York Times reports that the POM folks are not taking this lightly.  They are suing the FTC—not because they are claiming they have science on their side, but because they think their health claims, believable or not, are protected by the First Amendment.

Did our founding fathers really introduce the First Amendment to protect the right of marketers to make unsubstantiated health claims?  Do our judges really believe this?  Is this a good case for taking on this question.  Lawyers: get to work!

My monthly Food Matters Q and A column in the San Francisco Chronicle appears this weekend:

Are 8 glasses of water a day really necessary?

Q: It’s such a hot summer and I’m sweating all the time, but I don’t feel thirsty. Do I have to force myself to drink eight glasses of water a day?

A: San Franciscans: Please, no complaints about summer fog. Where I live, it’s hot and humid, and staying hydrated takes work.

Everybody needs water to replace the amounts lost through breath, sweating and excretions. In comfortable temperatures, the amounts lost conveniently come out to about a quart of water for every thousand calories consumed. If you eat 2,000 calories a day, you need about 2 quarts of water.

But water equivalents – juice, coffee, tea, soda and anything else with water in it, including food – work just as well. Watermelon is called watermelon for a reason. It is mostly water and perfect for hot summer days.

Mostly, you don’t have to keep track of how much liquid you drink. Thirst takes care of it. If you need water, you feel thirsty and you get something to eat or drink. Problem solved.

But thirst doesn’t work very well at times when it is most needed – in very hot weather, at high altitudes or during heavy exercise. People in hot climates, mountain climbers and athletes have to force themselves to drink.

How can you tell when you need water? This is easy. Look at your urine. If you are dehydrated, your urine is bright yellow and smelly. If you are getting enough water, your urine is pale and practically odorless.

Except for these exceptions, hardly anyone needs to worry about how much water to drink. That “hardly anyone,” however, also includes children and the elderly, who tend not to regulate water balance very well. Beyond these exceptions – as you shivering San Franciscans can attest – thirst works well as a guide to how much to drink.

Q: A young woman I know got a nasty combination of altitude sickness and electrolyte imbalance when she was hiking in the Sierra Nevada. She sipped water constantly, ended up drinking too much, and got so sick from lack of salt that she had to be airlifted out. Are those Gatorade-like drinks that replenish electrolytes any better than plain water when you are hiking or exercising hard?

A: Those drinks might help, but your friend also must not have been eating much on that hike. Foods are excellent sources of electrolytes.

Electrolytes are minerals like sodium, potassium and chloride that help balance blood acidity. They are lost in sweat, which is why sweat tastes salty. Our bodies have plenty of electrolytes. Salt, for example, is usually eaten in great excess. Normal sweat losses don’t matter much, unless we are vigorously exercising or sweating profusely.

But sweating is easy to miss at high altitudes because it evaporates so quickly. The higher the altitude, the easier it is to overlook fluid and electrolyte losses.

High altitude also disrupts normal appetite, so climbers don’t feel hungry or thirsty. Elite climbers know to pack lightweight foods and supplements made especially for that purpose, and to force themselves to eat and drink frequently.

Drinks advertised as electrolyte supplements do indeed contain electrolytes. Gatorade Orange Sports Drink, for example, contains water as the first ingredient, followed by sugars (sucrose syrup, high-fructose corn syrup), flavors and three sources of electrolytes – salt (sodium chloride), sodium citrate and monopotassium phosphate – along with color additives and thickeners.

If you are an athlete working out for an hour or more, Gatorade might replenish your sodium, potassium and chloride more quickly than food can, but not by much. An 8-ounce Gatorade serving provides just 1 percent of the daily value for potassium (30 milligrams) and 5 percent of the daily value for sodium (110 milligrams).

Gatorade is a sweetened drink supplemented with a few salts, but with less sugar and fewer calories than a regular soft drink. On the basis of electrolytes, PepsiCo, its parent company, markets Gatorade as a better choice than any other drink, including water. Nothing, says PepsiCo, rehydrates, replenishes and refuels athletes better. According to Advertising Age, the company backs up that contention with a hefty advertising budget – $118 million in 2009.

Studies do show that replenishing electrolytes is a good thing to do at high altitude or during any other extreme activity. But hikers can do this with food or supplements without having to carry additive-laden sugary drinks in a backpack.

An average carrot, for example, provides 230 milligrams of potassium and 50 milligrams of sodium. Many other vegetables have similar electrolyte profiles. Nobody wants to carry heavy foods up a mountain, which is why sports shops sell dehydrated foods and special supplements for high-altitude climbers.

It’s a good idea to drink water at high altitude, but also to eat plenty of good food at regular intervals.

Marion Nestle is the author of “Food Politics,” “Safe Food,” “What to Eat” and “Pet Food Politics,” and is a professor in the nutrition, food studies and public health department at New York University. E-mail her at food@sfchronicle.com, and read her previous columns at sfgate.com/food.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/07/30/FDD51EK7K0.DTL

This article appeared on page K – 5 of the San Francisco Chronicle

Food politics makes strange bedfellows.

The Associated Press reports that an organization of retired military personnel, Mission Readiness, is upset about obesity.  American youth, it says, are  Too Fat to Fight. Obesity may be a threat to personal health, but this group sees the problem as a threat to national security (see note below).

Here’s the irony.  The exact opposite was true in World War II.  Then, the army had trouble finding recruits who were not undernourished.

How did we go from lean to fat?  TV food commercials, for one thing, says Jane Brody in a review of recent studies.   Kids eat what they see.  The Rudd Center at Yale has even more recent data on the number of commercials watched by young children.

The Federal Trade Commission (FTC) is responsible for regulating advertising.  It has been making noises lately about taking on food marketing to kids.  I’ve heard rumors that the FTC is ready to release a report on the topic but food marketer’ complaints are holding it up.  Many marketers (not just of food) are worried that the FTC might move to restrict Internet marketing.

This might be a good time to ask the FTC what it is doing about food marketing to kids.

Note: Thanks to Bob Bannister for reminding me of George Saunders’ Shouts & Murmurs piece on this topic in the New Yorker.

Addition, April 22: The rumors about food industry pressures on the FTC turn out to be true.  Margo Wootan of CSPI reports on a meeting today with representatives of the FTC:

A number of members of the Food Marketing Workgroup met with FTC Chairman Jon Leibowitz today and delivered the letter [urging the FTC to publish standards for marketing to children]. It was a good meeting.They said that the standards are not in jeopardy and should be out in the near future. All the industry opposition has caused the agencies to go through a more thorough (i.e., slow) clearance process.

If you can’t block action, you can always delay it as long as possible.

For all the complaints about organics, production and sales are booming.  USDA economists in the Economic Research Service (ERS) keep track of such things and have just produced tables that display the growth in organic production from 1992 to 2008.  Organic crop and pasture lands still comprise less than 1% of the total in the U.S., but this will surely increase.

USDA/ERS compiles all of its information on organics in a briefing room that links to recommended readings and handy maps and images.

I think it’s interesting that the ERS sites do not link to the National Organic Program (NOP) itself.  This is, no doubt, because the NOP  is housed in a different part of USDA, the Agricultural Marketing Service.  Whether any of that makes sense is something one hopes will be considered in the next Farm Bill.

And here’s a link to the European Union’s organic site.  The EU ran a competition to create a new organic logo, and this one is the winner.

After years of complaints about how hard it is to get information about pet food recalls, the FDA’s Center for Veterinary Medicine has  taken a big step to solve the problem.  It just posted a new widget for pet health and safety.  Technophobic dinosaur that I am, I can’t figure out how to load it.  I went to the link above, copied the code, and pasted it, but I can’t get the cute web gadget to display.  All that shows on my screen is a link to the site.

The FDA hosted a webinar on Tuesday about how to use it.  Alas, I was off giving lectures and couldn’t tune in on it, but the FDA posted the conversation on the website.

Gina Spadafori at Pet Connection was on the call, has much better technical skills than I do, and managed the upload.  She talks about how the FDA has “gone all widgety” and has some cautiously optimistic things to say about it.

This web gadget ought to make it easy for FDA to give the pet community straight information about foods recalled and not.  And anyone who wants to track this sort of thing can look it up on the site or, maybe, download it.  Good idea!  Cheers to the FDA!  And let’s hope the FDA uses is early and often.