Search results: Complaint

LEAD

I’ve posted previously about the recent finding of high levels of lead—and now chromium—in applesauce pouches.

I’ve also posted about the inadequacy of inspections of such products.

The lead problems are continuing.

The FDA says it has received 89 complaints as of January 16, with the average age of the affected children less than one year (you have to scroll way down to see the latest updates).

The CDC says it has received reports from state and local health departments:

Total Cases: 385

Confirmed Cases: 97

Probable Cases: 253

Suspect Cases: 35

Both agencies say: Do not feed recalled products to your children!

• WanaBana apple cinnamon fruit puree pouches – including three packs
• Schnucks-brand cinnamon-flavored applesauce pouches and variety pack
• Weis-brand cinnamon applesauce pouches

What caused this?  The best guess is (deliberate?) adulteration of the cinnamon.  Not nice to think about.

PESTICIDES

I read in The Guardian: Nearly 40% of conventional baby food contains toxic pesticides, US study finds.

The research, conducted by the Environmental Working Group (EWG) non-profit, looked at 73 products and found at least one pesticide in 22 of them. Many products showed more than one pesticide, and the substances present a dangerous health threat to babies, researchers said.

The EWG research: New EWG study (2023): Pesticides still found in baby food but most-toxic threats eliminated through advocacy, regulation.

• New EWG research finds fewer pesticides in baby food than in the  groundbreaking 1995 study, Pesticides in Baby Food.
• Though EWG detected some pesticides, the most toxic have been removed.
• EWG’s advocacy helped drive market change – but the fight for safer food continues.
• Federal oversight of pesticides in children’s food is inadequate, as explored in depth in a 1993 landmark National Academies of Science study.
• No pesticides were detected in any of the 15 organic products.

Well, this message is clear: if you must buy commercial baby food, buy organic.

Overall, you are better off feeding babies the healthy foods you eat, pureed or cut up so they don’t cause choking, and as unsalted and unsugared as possible.

Just in time for the Thanksgiving holiday, government agencies are, at long last, taking action on food issues.

Two examples:

I.  The Federal Trade Commission has issued warning letters to trade associations and dietitian-influencers they paid to promote sugar and aspartame on social media.

The letter to AmeriBev detail concerns about posts on Instagram and TikTok by Valerie Agyeman, Nichole Andrews, Leslie Bonci, Keri Gans, Stephanie Grasso, Cara Harbstreet, Andrea Miller, Idrees Mughal, Adam Pecoraro, and Mary Ellen Phipps, each of whom also received an individual warning letter.

The letter to The Canadian Sugar Institute expresses concerns about Instagram posts by Jenn Messina and Lindsay Pleskot, each of whom also received an individual warning letter.

The letter to American Beverage (formerly the American Beverage Association) gives the “or else.”

We strongly urge you to review your social media policy. You should also review the Instagram, TikTok, and other social media posts made by your endorsers as to whether they contain sufficiently clear and conspicuous disclosures of any material connections to the American Beverage Association. To help guide your review, please see the Endorsement Guides3 and the staff publication FTC’s Endorsement Guides: What People Are Asking. Violations of the FTC Act may result in legal action seeking a federal district court injunction or an administrative cease and desist order

This action comes as a result of the investigative report in the Washington Post (it is cited in the letter).  I wrote about the Post article here and also posted the the response from the Academy of Nutrition and Dietetics.

The Post investigative team had this to say about the FTC’s warning letters.

Federal regulators announced warnings against two major food and beverage industry groups and a dozen nutrition influencers Wednesday, as part of a broad action to enforce stricter standards for how companies and social media creators disclose paid advertising.

Comment: Let’s hear it for the power of the press!

II.  New York State Attorney General sues PepsiCo for plastic pollution

New York Attorney General Letitia James today filed a historic and groundbreaking lawsuit against PepsiCo Inc. (PepsiCo) for harming the public and the environment with its single-use plastic packaging. The Office of the Attorney General (OAG) found that single-use plastic produced by PepsiCo contributes significantly to high levels of plastic pollution along the Buffalo River, pollution that is contaminating drinking water and harming wildlife.

…PepsiCo, which is headquartered in New York state, manufactures, produces, and packages at least 85 different beverage brands and 25 snack food brands that predominantly come in single-use plastic containers. Plastic packaging has become a persistent and dangerous form of pollution along the shores of the Buffalo River and in its watershed. In 2022, OAG conducted a survey of all types of waste collected at 13 sites along the Buffalo River and its tributaries and found that PepsiCo’s single-use plastic packaging was the most significant. Of the 1,916 pieces of plastic trash collected with an identifiable brand, over 17 percent were produced by PepsiCo. PepsiCo’s plastic packaging far exceeded any other source of this identifiable plastic waste along the river, and it was three times more abundant than the next highest contributor.

According to the New York Times, PepsiCo:

has said it aims to make all of its packaging “recyclable, compostable, biodegradable or reusable” by 2025. The company also says it wants to cut virgin plastic by 50 percent by 2030, compared with 2020.

The company is now being held accountable for that promise.  What a concept!

Comment: While soda-and-bottled-water companies profess commitments to reducing plastic waste, they fight recycling laws (those that require bottle deposits returnable when the bottle is returned) in every way possible.  Attorney General James is doing something quite remarkable; she is holding PepsiCo accountable for some of the externalized costs of producing sodas, bottled water, and snacks.  I hope this sets a strong precedent.  Kudos!

The FDA is asking for public feedback on an updated research study to decide which front-of-package labeling design will work best to help the public choose healthy fpackaged foods.

To submit comments, go here.  They are due by July 17.

I’ve written about this issue previously.

The FDA tried to do this a decade ago.  But the Grocery Manufacturers Association (now Consumer Brands Association) did an end run and volunteered to use Facts Up Front/Guideline Daily Amounts, which nobody understands or pays attention to.  The FDA caved in and let that happen.

Now countries all over the world are putting warning labels on foods high in calories, fat, salt, and sugar, most of them ultra-processed.

The FDA says it will  test 8 front-of-package label designs to see which work best in conveying healthfulness. The study materials are here and here.

Earlier, if those links don’t work, it proposed to test all of these designs.

I don’t think any of the choices is as compelling as Chile’s warning labels, which can be understood easily by children and people who cannot read.

Among the FDA’s choices, here’s my preference (it’s most like the labels from Canada and Brazil).

This still requires people to figure out what it means if the colors differ, as they do here, but surely everyone will understand that the more red boxes, the worse.

One other complaint: Since this effort started, the concept of ultra-processed has become much more prominent and is backed up by a tremendous amount of research.

Avoiding ultra-processed foods is the key message needed now.

The FDA’s proposals will take care of most ultra-processed foods, but miss the point.  Whatever the FDA chooses will be out of date no matter when it appears.

Never mind.  This is a step in the right direction.  Food industry opposition to any of it is strong.

It’s important to tell the FDA to get busy on this, and to strengthen the warning.

Write the FDA NOW!

Last week, the FDA announced its proposed Redesign of Human Foods Program to Enhance Coordinated Prevention and Response Activities.   You can also watch this announcement on video.

This action comes in the wake of:

• The infant formula crisis [Contaminated formula made babies sick. The FDA was warned about food safety concerns at an Abbott plant but took no action.  Abbott recalled formulas,shut down the plant.  This led to empty shelves.  Abbott is now under criminal investigation].
• The FDA’s evaluation of its performance during the crisis [this didn’t say much about accountability]
• The evaluation of the FDA by the Reagan-Udall Foundation [it called for major structural changes]
• The resignation of Frank Yiannas, deputy FDA commissioner [which made clear needed changes were not going to happen]
• Bipartisan pressure from members of Congress to enact major reforms
• Pressure from Senators DeLauro and Durbin to enact reforms
• The Washington Post editorial calling for breaking up the FDA
• Pressure from food safety lawyer Bill Marler to put food back into the FDA and to make fundamental changes

The FDA proposal comes with a vision of how the redesign would work.

The complaints and pressures argued for appointing a senior FDA official in charge of all FDA food programs and units.  Instead, the FDA proposes to create a Human Foods Program encompassing some, but not all, FDA food units.

Most prominently missing is the Center for Veterinary Medicine which deals with food for farm animals and pets.  These, however, fully participate in the food system for humans; they eat most of US corn production and loads of byproducts of human food production.  The systems for humans and animals are inextricably linked.

The organizational chart will look like this.  It splits the food units and connects them with dotted lines.  Good luck with that.  That was precisely the problem with the previous organization.

This looks better than the previous organization chart but falls far short of the authority needed to solve the nation’s food safety problem.

What’s needed?

• Unification of food safety under a central authority that unites the functions of USDA and FDA (the Government Accountability Organization has been calling for that for decades).
• Short of that, high-level FDA authority over the entire food supply under its jurisdiction.
• And much more FDA attention to its public health as well as its safety functions.  It should be taking the lead on actions to prevent diet-influenced chronic diseases.

Hey, I can dream.

In the meantime, let’s see how the FDA’s new structure goes and who it hires into that key position in charge of human foods.

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For 30% off, go to www.ucpress.edu/9780520384156.  Use code 21W2240 at checkout.

The Government Accountability Office (GAO) has released a report complaining about the Biden administration’s update of the Thrifty Food Plan (TFP).

The Thrifty Food Plan (TFP) describes how much it costs to eat a healthy diet on a limited budget, and is the basis for maximum Supplemental Nutrition Assistance Program (SNAP) benefits. In 2021, the U.S. Department of Agriculture (USDA) reevaluated the Thrifty Food Plan and made decisions that resulted in increased costs and risks for the reevaluated TFP. Specifically, the agency (1) allowed the cost of the TFP—and thus SNAP benefits—to increase beyond inflation for the first time in 45 years, and (2) accelerated the timeline of the reevaluation by 6 months in order to respond to the COVID-19 emergency. The reevaluation resulted in a 21 percent increase in the cost of the TFP and the maximum SNAP benefit.

The complaint, done at the request of Republican members of the House and Senate, says that “USDA began the reevaluation without three key project management elements in place.”

First, without a charter, USDA missed an opportunity to identify ways to measure project success and to set clear expectations for stakeholders.

Second, USDA developed a project schedule but not a comprehensive project management plan that included certain elements, such as a plan for ensuring quality throughout the process.

Third, the agency did not employ a dedicated project manager to ensure that key practices in project management were generally followed.

USDA gathered external input, but given time constraints, did not fully incorporate this input in its reevaluation.

The GAO agreed, titled its report,  Thrifty Food Plan: Better planning and accountability could help ensure quality of future reevaluations, and said ” GAO found that key decisions did not fully meet standards for economic analysis, primarily due to failure to fully disclose the rationale for decisions, insufficient analysis of the effects of decisions, and lack of documentation.

Comment: The Thrifty Food Plan is the lowest cost of four plans (the other three are the Low-Cost, Moderate-Cost, and Liberal Food Plans) developed by USDA to set standards for a nutritious diet.

These were developed by the USDA in the 1930s to provide “consumers with practical and economic advice on healthful eating.”  The latest figures for a family of four say that the monthly cost of these plans averages about $683, $902, $1121, and $1,362, respectively.

In 2018, the Farm Bill instructed the USDA to re-evaluate the Thrifty Food Plan by 2022 and every five years thereafter.  The most recent revisions was in 2006.

The Thrifty Food Plan has obvious weaknesses:

• It is based on unrealistic amounts and kinds of foods.
• The food list is not consistent with the Dietary Guidelines for Americans.
• It assumes adequate transportation, equipment, time for food preparation.
• It assumes adequate availability and affordability of the listed foods.
• It costs more than SNAP benefits.

The Plan was long overdue for an update.  The complaints about process are a cover for the real issue: Republican opposition to raising SNAP costs.

No question, SNAP costs have gone up, and by a lot, in billions.

• 2019  $55.6
• 2020  $74.1
• 2021  $108.5
• 2022  $114.5

Food insecurity has decreased accordingly.  And that, after all, is the point.

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For 30% off, go to www.ucpress.edu/9780520384156.  Use code 21W2240 at checkout.

I’ve been doing this blog for years, but have very little idea of whether anyone looks at it or whether it is at all useful.  But every now and then, I hear that it just might be.  Here is an example with a happy ending.

Harold McGee just sent me a copy of the new paperback edition of his book, Nose Dive, with a note saying “Thanks for the index.”

The book, as I explained in my first post about it in 2020, is a marvelous encyclopedia of everything known about the sense of smell and the smells of everything from from foods, of course, but also everything else that smells from soil to armpits to flowers.  I thought the book was amazing—right up there with his classic On Foods and Cooking.  Alas, I had one serious complaint about it.

But uh oh.  How I wish it had a better index. 

For a book like this, the index needs to be meticulously complete—list every bold face term every time it appears—so readers can find what we are looking for.  This one is surprisingly unhelpful.

I found this out because I forgot to write down the page number for the fatty acid excerpt shown above.  I searched the index for most of the key words that appear in the clip: fatty acids, short and branched; butyric; methylbutyric; hexanoic; cheesy; intersteller space. No luck.  I had to check through all of the fatty acid listings and finally found it under “fatty acids, and molecules in asteroids, 19.”   Oh.  Asteroids.  Silly me.

I also forgot to note the page for the CAFO quote.  CAFO is not indexed at all, even though it appears in bold on the previous page, and neither does its definition, Concentrated Animal Feeding Operation.

McGee refers frequently to “Hero Carbon,” the atom basic to odiferous molecules.  I couldn’t remember where he first used “Hero” and tried to look it up.  Not a chance.

This book deserves better, alas.

Penguin Press:  this needs a fix, big time.

I talked to McGee about the index problem.  Penguin had given him a limit on index entries.

He wrote me recently that when Penguin asked him to file any corrections for the paperback edition,

I sent them your review and told them I’d be willing to redo the index myself, stem to stern. After several weeks they agreed. It was exhausting. But the paperback came out last week, so now there’s a decent index available. Maybe I can put it online for hardover owners.  So: thanks again for taking the trouble to make the case!

Happy ending indeed.

Have anything like this you want complained about?  I’ll be glad to help.  Sometimes complaints get results.

And thanks Harold, for this truly remarkable book—and for making me think doing this blog is worthwhile.

My book talk today: Online with Hunter’s Food Policy Center in conversation with Charles Platkin, 9:30 to 10:30 a.m.  Registration is HERE.

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The Center for Science in the Public Interest (CSPI) announces that it and the Consumer Federation of America and the National Consumers League are filing a lawsuit calling on the Treasury Department to compel a decision on mandatory alcohol content, calorie, ingredient, and allergen labeling on alcoholic beverages.

Plaintiffs seek relief from Defendants’ nearly nineteen-year delay in responding to a 2003 petition submitted by Plaintiffs, 66 other organizations and eight individuals, including four deans of public health.  [See Petition]…The Petitio urged TTB to reequire alcohol labelig with the same basic transparency consumers expect in foods.  For alcohol, that means labeling that has alcohol content, calorie, and ingredient information—including ingredients that can cause allergic reactions.

Nineteen year delay?  Yes.  Why?  The alcohol industry would much rather that you don’t know what you are drinking.  It has opposed virtually every attempt to expose what’s in its products.

Just for fun, I looked up the alcohol labeling chapter in my book with Malden Nesheim, Why Calories Count: From Science to Politics.

We titled the chapter, “Alcohol labels: industry vs. consumers.”

Here, for your amusement, is the table illustrating current labeling requirements.

CSPI deserves much applause for trying to fix this situation and for its patience.

We need something a lot better than this.

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For 30% off, go to www.ucpress.edu/9780520384156.  Use code 21W2240 at checkout.

My book talk today:  Online with NYU’s Fales Library in conversation with Clark Wolf.  5:00-6:00 p.m.  Registration is HERE.

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The FDA has come under heavy criticism this year for its failure to handle the infant formula crisis adequately and for its internal disorganization and lack of leadership.

To deal with this, the FDA commissioned the Reagan Udall Foundation for the FDA to do an operational evaluation of its human foods and tobacco programs.  This Foundation is “an independent 501(c)(3) organization created by Congress ‘to advance the mission of the FDA to modernize medical, veterinary, food, food ingredient, and cosmetic product development, accelerate innovation, and enhance product safety.’”

As announced on July 19, 2022, the Reagan-Udall Foundation will facilitate, via two Independent Expert Panels, operational evaluations of FDA’s human foods and tobacco programs. Each evaluation will yield a report with operational recommendations to the FDA: one for human foods and the other for tobacco. Each evaluation, and therefore report delivery, is on its own 60-business-day timeline. Both reports will be delivered to the FDA Commissioner and made available to the public.

The Foundation began its work by

• Appointing a committee to oversee the evaluation
• Opening a stakeholder portal where you can file anonymous comments
• Holding hearings: Agenda

The two-day hearings were held right after the White House Conference on Hunger.  Videos are posted on YouTube

• First day
• Second day

As far as I can tell, no reporter covered these hearings except for Helena Bottemiller Evich at Food Fix, which is what makes her newsletter an invaluable resource and essential to subscribe to (at least for me).

Her overview:

Wow, were people honest in their assessment of shortfalls at the agency.

There was a strong consensus among the nearly three-dozen experts who spoke that things are not working very well and serious changes are needed. The panel got an earful about problems with leadership structure, culture, inadequate funding and staffing, poor oversight of inspections and a lack of responsiveness to the public and Capitol Hill – as well as plenty of complaints about how painfully long it takes to get anything done.

If all of this sounds familiar, that’s because it is. I’m sure you are all tired of me referencing this, but I did an investigative piece on FDA earlier this year, based on more than 50 interviews, that found many of the same things.

Her piece goes into the details.  Subscribe and you can read them.

More complaints

• One criticism of this entire procedure is that the Center for Veterinary Medicine (CVM) was excluded from the review.  This is a serious oversight, as noted by a letter from several groups to the FDA.
• Senator Richard Burr says in a letter to the FDA that he won’t support funding until the agency cleans up its ac

We only have one food supply: it serves people and animals inextricably (an issue discussed in my books Feed Your Pet Right and Pet Food Politics).

In the meantime I want to know:  Why aren’t more journalists covering this issue?

The FDA is responsible for regulating the safety and health of 80% of the foods we eat.  If we want foods to be safe and healthy, we need a strong, vigilant FDA willing to stand up to lobbying and industry pressure.

This needs press attention.

The Reagan Udall Foundation has to issue reports within the next couple of months.  Let’s see how well those reports reflect what was said at the hearings.

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For 30% off, go to www.ucpress.edu/9780520384156.  Use code 21W2240 at checkout.