by Marion Nestle

Search results: tobacco

Apr 17 2014

Is Big Food the new Tobacco?

Thanks to Maggie Hennessy at FoodNavigator-USA for her report on a meeting I wish I’d been able to attend—the Perrin Conference on “Challenges Facing the Food and Beverage Industries in Complex Consumer Litigations.”

Hennessey quotes from a speech by Steven Parrish, of the Steve Parrish Consulting Group describing parallels between tobacco and food litigation.

From the first lawsuit filed against [tobacco] industry member in 1953 to mid-1990s, the industry never lost or settled a smoking and health product liability suit. In the mid ‘90s the eggs hit the fan because the industry for all those decades had smugly thought it had a legal problem. But over time, it came to realize it had a society problem. Litigation was a symptom of the disease, not the disease itself.

…When it came time to resolve the litigation, we couldn’t just sit in a room and say, ‘how much money do you want?…A lot had nothing to do with money. It had to do with reining the industry in…We spent so much time early on talking to ourselves about greedy trial lawyers, out-of-touch regulators, media-addicted elected officials and public health people who didn’t know how to run a business. At the end of the day, it didn’t matter. We would have been much better off recognizing these people had legitimate agendas.”

… Maybe there are some parallels, but I urge people not to succumb to the temptation to say, ‘cigarettes kill you, cigarettes are addictive. But mac and cheese, coffee, and Oscar Meyers wieners don’t. That may be true, but there are still risks for the industry.

The article also quotes Michael Reese, plaintiff’s attorney for Reese Richman LLP, talking about the increasingly accusatory tone of media coverage of Big Food: 

There’s this idea, which has picked up steam in the media, that large food companies are manipulating ingredients to hook people on food. It hasn’t been manifest in litigation yet, but we’re seeing it with legislative initiatives, like Mayor Bloomberg in New York City saying sugar hooks people and causes diabetes. We’ve seen some with GMOs, though most of that legislation is about consumers’ right to know. But there’s this overarching concept that Big Food is somehow manipulating our food supply and as a result, giving us non-food.

Sounds like the message is getting across loud and clear.

Thoughts?

Tags:
Jul 28 2010

Obesity vs. Tobacco: a zero-sum game?

Anti-tobacco advocates have been worried for years that concerns about obesity would draw funding away from anti-smoking initiatives (see previous posts).  Their fears are justified, as described in today’s New York Times and in a recent editorial in the New England Journal of Medicine.

Years of experience have taught anti-smoking advocates that countering the marketing efforts of cigarette companies required constant vigilance.  It also taught them that cigarette companies take immediate advantage of any weakening of resistance to their efforts.

Cigarettes remain the leading cause of preventable deaths among Americans.  Cigarette marketing aimed at children remains a national—and international—public health scandal.

Health should not be a zero-sum game.  Anti-obesity advocates have much to learn from anti-smoking advocates.  How about joining forces to improve the health of Americans?

Jul 1 2010

Food is not tobacco, but some analogies are worth attention

I’ve just read an enlightening paper in the July issue of the American Journal of Public Health (see Note below) about the tobacco industry’s role in and funding of “We Card,” a program ostensibly aimed at discouraging smoking among young people by encouraging retail cigarette sellers to “card” underage buyers.

The paper is an analysis of internal food company discussions about this program in cigarette company documents released as part of the 1998 Master Settlement Agreement.  These documents are now publicly available on the University of  California San Francisco (UCSF) website.

This analysis demonstrates that the actual purpose of tobacco industry support for the program was to make the industry look good (public relations) and to convince legislators and health officials that regulation would be unnecessary.

The industry effectively recruited astonishing numbers of private business, retail, and trade groups (expected) and state health, legal, and police agencies (which should have known better) as partners in this program.  The paper lists these groups in tables that take up nearly five pages.

As the paper explains:

Economic theory predicts that industry self-regulation will achieve social benefits far smaller than those gained from government regulation, although governments increasingly view self-regulation as a means to achieve public goals without public spending. However, industries and governments may have competing agendas, suggesting that public health advocates should be wary of self-regulation strategies…. This program’s success in reaching tobacco retailers and attracting independent allies has made We Card one of the tobacco industry’s major public relations achievements. However, despite industry claims that the program is effective, internal industry evidence suggests that We Card has not reduced tobacco sales to minors and that it was not designed to do so. Instead, We Card was explicitly structured to improve the industry’s public image and to thwart regulation and law enforcement activity.

The authors’ conclusion: “Policymakers should be cautious about accepting industry self-regulation at face value, both because it redounds to the industry’s benefit and because it is ineffective.”

Proponents of food industry self-regulation and of partnerships and alliances with food companies should read this study carefully.

Note: Only the Abstract is available to non-subscribers.  The reference is Apollonio DE, Malone RE, The “We Card” Program: Tobacco Industry “Youth Smoking Prevention” as Industry Self Preservation.. Am J Public Health 2010;100:1188-1201.

Mar 21 2009

Is food the new tobacco?

The Rudd Center at Yale is devoted to establishing a firm research basis for obesity interventions.  Its latest contribution is a paper in the Milbank Quarterly from its director, Kelly Brownell, and co-author Kenneth Warner, an equally distinguished anti-smoking researcher from the University of Michigan.  Its provocative title: The perils of ignoring history: Big Tobacco played dirty and millions died.  How similar is Big Food?

The paper is getting much attention.  A spokesman for the American Dietetic Association, a group well known for its close ties to food companies, emphasizes that food is not tobacco.  Of course it’s not.  But food companies often behave like tobacco companies, and not always in the public interest.  The Milbank paper provides plenty of documentation to back up the similarity.  Worth a look, no?

April 3 update: Evidently, FoodNavigator.com thinks so.  It is asking readers to file 100 word comments on issues raised by the paper by April 8.   And here are the comments.

Aug 7 2025

Dubious product of the week: alcohol-based noodles?

I could hardly believe it when I saw this item: Taiwan state distillery taps food market with alcohol-based instant noodles.   Taiwan’s state distillery has diversified into the food industry with alcohol-based instant noodles, blending beverage expertise with ready-to-eat innovation… Read more

The Taiwan Tobacco and Liquor Corporation (TTL)’s

most well-known products are Taiwan Beer which is considered an icon in Taiwanese culture and also the most popular beer locally; as well as traditional Chinese Hua Tiao wine.

The latter has been used in TTL’s instant noodle innovation to create its viral TTL Hua Tiao Chicken Noodles, which incorporate not only significant Hua Tiao wine content but also Chinese herbs and meat chunks.

“These are not your average instant noodles – Hua Tiao wine elevates the noodles to another level, as it is traditionally known for its antioxidant content as well as benefits for digestion and blood circulation….”We already have the alcohol in production, and we are indeed well-known for our liquors, so it made a lot of sense to us.”

I’ll bet.

I suppose young people will have to be carded to be allowed to eat it.  Whatever.  You can’t make this stuff up!

 


What to Eat Now: The Indispensable Guide to Good Food, How to Find It, and Why It Matters.

Forthcoming November 11, 2025

For Information and Pre-Orders, click here

 

Tags:
Jul 25 2025

Weekend reading: The collapse of the FDA—a National Tragedy

The New York Times Magazine has published an astonishing investigative report about the FDA, totally worth reading: Inside the Collapse of the F.D.A.  How the new health secretary, Robert F. Kennedy Jr., is dismantling the agency.

She begins with RFK Jr’s opening salvo on Twitter (X):

FDA’s war on public health is about to end,” Kennedy wrote. “This includes its aggressive suppression of psychedelics, peptides, stem cells, raw milk, hyperbaric therapies, chelating compounds, ivermectin, hydroxychloroquine, vitamins, clean foods, sunshine, exercise, nutraceuticals and anything else that advances human health and can’t be patented by Pharma. If you work for the FDA and are part of this corrupt system, I have two messages for you. 1. Preserve your records, and 2. Pack your bags.

Her major point:

It was easy to paint the F.D.A. as a supervillain (an aggressive suppressor of sunlight, vitamins and exercise, to borrow Kennedy’s language), in part because the truth was so much more complex.

What’s impressive about this piece is its dealing with the complexities.  Here’s the critical one.

On the one hand, the agency’s regulators have a truly enormous remit: Which drugs, medical devices, food, pet food, dietary supplements, tobacco products and cosmetics we can buy — one in every five dollars we spend, by official estimates — comes down to the decisions they make. On the other hand, the agency itself is profoundly under-resourced…In fact, its federal budget is roughly the size of the budget of the local school district in Montgomery County, Md., where it is based.

I could go on quoting but everyone should read this piece to realize what is at stake in the current destruction of the FDA—a lot.  We need the FDA, and we need it to be much, much stronger, not weaker.

I want to add one point not discussed in the article: unlike the other agencies in the U.S. Public Health Service, which get their funding from congressional health committees, the FDA gets its funding from congressional agriculture committees.  This dates back to 1906 when the forerunner of the FDA was created as part of the USDA.   When the FDA was transferred to the forerunner of Health and Human Services, its funding remained with agriculture committees, which could not care less about its functions.

The article is long.  If you don’t want to read the whole thing, here are the take-home lessons:  What to Know About the Collapse of the F.D.A. 

 

 

Tags:
Jun 24 2025

MAHA: Let the lobbying begin

Politico reports: White House invites 46 farm, food groups to discuss MAHA report

The MAHA report, as I’ve written, could have enormous implications for food system businesses.  The problems it describes with the health of America’s children call for policies that could reduce profits for companies that, for example, produce seed oils, food products with color additives, and ultra-processed foods in general.

The secretaries of HHS and USDA have promised to soon issue dietary guidelines to reduce intake of such foods.

Food companies making products targeted by such views are unlikely to be happy with the report.  If past history is any indication, they will lobby for exceptions, exemptions, and delays, and will insist that the proposed measures have no scientific basis (which some indeed do not), violate the First Amendment, and will cost jobs—the playbook that worked for such a long time for the tobacco industry.

The Politico report is behind a paywall, but Helena Bottemiller Evich obtained a list of who has been invited and writes the details in FoodFix: White House holds flurry of industry meetings in wake of MAHA drama. 

Her list shows separate meetings for fruit and vegetable producers and trade groups, and those for meat and dairy, restaurants, grocers, beverage companies (Big Soda), commodity groups, and Big Ag.

Oh to be a fly on those walls.

It’s hard for me to believe that this administration will do anything to reduce business interests, and early indications are that RFK Jr is merely calling for companies to take voluntary actions, and individuals to take personal responsibility—neither of which is likely to have any chance of Making America Healthy Again.

I look forward to seeing what they do with the dietary guidelines and the next MAHA Commission report on policy—both expected by the end of the summer, apparently.  Stay tuned.

 

May 27 2025

The MAHA Commission report: some thoughts

The MAHA Commission released its report last week: The MAHA Report: Make Our Children Healthy Again.  Assessment.

This is one impressive report, forcefully written and tightly documented (it cites my work, among that of many others).

Overall, it paints a devastating portrait of how our society has failed our children.

It begins by stating that “The health of American children is in crisis” due to:

  • Poor diet
  • Aggregation of environmental chemicals
  • Lack of physical activity and chronic stress
  • Overmedicalization

The result: high rates of obesity, type 2 diabetes, neurodevelopmental disorders, cancer, allergies  and mental health problems among kids.

Here are some selected items I particularly appreciated in the report.  The bullet points are direct quotes.

On poor diet

  • Most American children’s diets are dominated by ultra – processed foods (UPFs ) high in added sugars , chemical additives , and saturated fats, while lacking sufficient intakes of fruits and vegetables.
  • Pesticides , microplastics , and dioxins are commonly found in the blood and urine of American children and pregnant women— some at alarming levels.
  • Children are exposed to numerous chemicals , such as heavy metals , PFAS , pesticides , and phthalates, via their diet, textiles, indoor air pollutants, and consumer products.
  • To get into schools , many food companies have reformulated their products with minor ingredient adjustments to qualify for the federal Smart Snack program by meeting the school nutrition standards, which children can purchase separate from school meals.

The driving factors for poor diets

  • Consolidation of the food system
  • Distorted nutrition research and marketing
  • Compromised dietary guidelines

On the dietary guidelines  

They maintain problematic reductionist recommendations, such as:

  • Advising people to “reduce saturated fat” or “limit sodium” instead of focusing on minimizing ultra-processed foods.
  • Treating all calories similarly, rather than distinguishing between nutrient-dense foods and ultra-processed products.
  • Remain largely agnostic to how foods are produced or processed: There is little distinction between industrially processed foods and home-cooked or whole foods if their nutrient profiles look similar.
  • Added sugars, saturated fats and sodium are treated as proxies for ultra-processed foods. For instance, a cup of whole-grain ready to eat fortified breakfast cereal and a cup of oatmeal with fruit might both count as “whole grain servings,” and the guidelines do not weigh in on differences in processing.

They also,

  • Do not explicitly address UPFs.
  • Have a history of being unduly influenced by corporate interests .

On food systems

  • The greatest step the United States can take to reverse childhood chronic disease is to put whole foods produced by American farmers and ranchers at the center of healthcare.
  • Traditional Field Crops vs. Specialty Crops : Historically, federal crop insurance programs have primarily covered traditional field crops like wheat , corn , and soybeans, while providing much less support for specialty crops such as fruits, vegetables, tree nuts, and nursery plants.

On Corporate Capture 

  • Although the U.S. health system has produced remarkable breakthroughs, we must face the troubling reality that the threats to American childhood have been exacerbated by perverse incentives that have captured the regulatory bodies and federal agencies tasked with overseeing them .
  • Limited comparisons between industry-funded research versus non- industry studies have raised concerns over potential biases in industry-funded research…Additionally, some industry leaders have engaged in promoting ghostwriting and sponsored reviews to influence the scientific literature.
  • Notably, this ghostwriting strategy mirrors tactics used by the tobacco industry to distort scientific consensus is largely propelled by “corporate capture,” in which industry interests dominate and distort scientific literature, legislative actions, academic institutions, regulatory agencies, medical journals, physician organizations, clinical guidelines, and the news media.
  • The pharmaceutical industry, with its vast resources and influence, is a primary driver of this capture, though similar dynamics pervade the food and chemical industries.

Research recommendations

  • GRAS Oversight Reform: Fund independent studies evaluating the health impact of self-affirmed GRAS food ingredients, prioritizing risks to children and informing transparent FDA rulemaking.
  • Nutrition Trials: NIH should fund long-term trials comparing whole-food, reduced-carb, and low-UPF diets in children to assess effects on obesity and insulin resistance.
  • Large-scale Lifestyle Interventions: Launch a coordinated national lifestyle-medicine initiative that embeds real-world randomized trials-covering integrated interventions in movement, diet, light exposure, and sleep timing-within existing cohorts and EHR networks.

Comment

The report has been criticized for not getting some of the science right.  The agriculture industry is particularly concerned about the attack on the chemicals it uses.  It is said to be outraged by the report.  The report did throw Big Ag this bone: “Today, American farmers feed the world, American companies lead the world, and American energy powers the world.”

But the report raises one Big Question:  What policies will this administration come up with to deal with these problems?  These, presumably, will be in the next report, due in about 80 days.

This is an extraordinary report, a breath of fresh air in many ways, and I would love to know who wrote it.

But to fix the problems it raises will require taking on not only Big Ag, but also Big Food, Big Pharma, Big Chemical, and other industries affected by these and its other recommendations (the report also says a lot about drugs and mental health).  Big Ag has already weighed in.  Others are sure to follow.

Oh.  And it’s hard to know how policies can be implemented, given the destructive cuts to FDA, CDC, and NIH personnel and budget.

I will be watching this one.  Stay tuned.

Resources

Additional resource