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ProPolitico writes that the Corn Refiners Association (CRA) and five other industry groups have written the FDA that they intend to fund their own research on the FDA’s proposed changes to the Nutrition Facts label.

The FDA already has a research project underway.

Why would the CRA—the trade association for the makers of high fructose corn syrup—want to bother with an expensive and complicated research project like this?

In an interview, John Bode, CRA president and CEO, told Politico:

The FDA has estimated that changes to the label could cost the industry $2.3 billion, but ‘we suspect that is a very conservative number.

OK.  So one purpose of the research will be to prove that the new food label will cost industry a lot more money than the FDA estimates.

Let me take a guess here and surmise that another purpose will be to prove that listing “added sugars” on food labels “misleads” the public.

This will be industry-funded research.  No matter how well it appears to be done, it is highly likely to produce the answers the CRA wants.

Otherwise, why do it?

If you are a betting person, this one looks like a sure thing.

FDA: finish up those studies and get the results out!

Addition, June 20:  Legal analysts, one a former attorney for CSPI who now works for a law firm representing industry clients, advise against putting “added sugars” on the label.  

The FDA is holding a public meeting on June 26 to solicit comments on its proposed rules for Nutrition and Supplement Facts Labels.

The meeting’s purpose is to

• Inform the public of the provisions of the proposed rules and the rulemaking process (including how to submit comments, data, and other information to both dockets)
• Respond to questions about the proposed rules
• Provide an opportunity for interested persons to make oral presentations.

Instructions and information

• Register Online 
• Federal Register Notice
• Fact Sheet on the Proposed Rules

Deadlines for the hearing

• June 12, 2014: Closing date for request to make Oral Comment
• June 12, 2014: Closing date to request special accommodation due to a Disability
• June 20, 2014: Closing date for Registration

The deadline for comments on the proposals has been extended to August 1: Submit either electronic or written comments to FDA’s Division of Dockets Management.

• For the Nutrition Facts Label Proposed Rule, see Docket No. FDA-2012-N-1210.
• For the Serving Size Proposed Rule, see Docket No. FDA-2004-N-0258.

Here’s your chance to weigh in on the proposed label changes.  Don’t miss it!

Yesterday, Food Navigator reported that Cornell economists calculated that GMO labels would cost the average family of four a whopping $800 per year.

This seemed so improbable that I immediately wondered:  Who paid for it?

I clicked on the link to the study: Bingo!

The work on this report was supported financially by the Council for Biotechnology Information.

You won’t find the list of companies and groups that support the Council on its website, but Source Watch fills the gap.

I am increasingly alarmed by the increasing extent of industry research sponsorship—it’s become a huge issue in  studies of nutrition, diet, and health.

The influence of funding source on research outcomes is so predictable—many studies have now shown that industry-funded studies almost invariably produce results that favor the sponsor—that I’m batting nearly 100% on conflict-of-interest  checks, of which this GMO study is a particularly blatant example.

It’s not that industry pays investigators to find the desired answers to questions.  It’s more complicated than that.  It has to do with the way investigators ask and try to answer the research questions.  The industry favored biases get built into the study’s assumptions and controls, often (I think) unconsciously.

This study, for example, is based on an elaborate set of assumptions leading to the $800 per family estimate.  Other assumptions might give different results.   The authors do not discuss the limitations of their estimates, nor are they required to in this type of report.

But I’m willing to hazard a guess that independently funded studies would come to considerably lower estimates.

Moral: if a study produces surprising results that favor an industry position, look hard to see who sponsored it.

Addition, May 24:

A reader sent in further information about the Council for Biotechnology Information:

Council for Biotechnology Information

1201 Maryland Avenue, SW., Suite 900, Washington, DC 20024 USA

Phone: 202-962-9200 web site: http://gmoanswers.com

(CBI: http://www.sourcewatch.org/index.php?title=Council_for_Biotechnology_Information.

http://www.powerbase.info/index.php/Council_for_Biotechnology_Information.

Experts: http://gmoanswers.com/experts. Founding members and supporting partners:

http://gmoanswers.com/about. There are also offices in Saskatoon (SK, Canada)

(http://whybiotech.ca)  and Mexico City (AgroBio Mexico: http://agrobiomexico.org.mx.)

You might think that the Supreme Court of the United States would have more important things to do than to weigh in on which of two beverage companies puts less misleading labels on its products, but apparently not.

The highest court in the land takes POM Wonderful’s accusation against Coca-Cola seriously.  Coke’s Minute Maid juice, POM says, is advertised in ways that mislead the public.

POM should know.   It’s been under fire from the Federal Trade Commission for equally absurd label claims.

Here’s the Coca-Cola product at issue.

And here’s what the label says, in case you can’t read it (with emphasis added):

Enhanced Juice/Minute Maid/100% Fruit Juice Blend

Omega-3/DHA/HELP NOURISH YOUR BRAIN

5 Nutrients to Support Brain and Body

Pomegranate  Blueberry Flavored Blend of 5 Juices

From concentrate with added ingredients and other natural flavors

Never mind the nutritional quality or the ridiculous structure/function claims on this particular product (here’s Fooducate’s analysis from 2009—it has 29 grams of sugars, among other things).

POM doesn’t want Coke getting away with selling cheap grape and apple juices as pomengranate juice and undercutting their prices.  Coke’s drink is 99% apple and grape juice; it contains less than 1% pomegranate or blueberry juice.  You would never know that from looking at the label.

Why is the court interested?  The Minute Maid label is legal by FDA standards.  Therefore, can the label be considered misleading?

Coca-Cola won in the lower court, but the Supreme Court seems sympathetic to POM (here’s the transcript of the hearing).

The New York Times account has the best quotes:

Kathleen M. Sullivan, a lawyer for Coca-Cola, said consumers were not misled.

“We don’t think that consumers are quite as unintelligent as Pom must think they are,” she said. “They know when something is a flavored blend of five juices and the nonpredominant juices are just a flavor.”

Justice Kennedy frowned. “Don’t make me feel bad,” he said, “because I thought that this was pomegranate juice.”

It also quotes from Justice Alito:

You don’t think there are a lot of people who buy pomegranate juice because they think it has health benefits, and they would be very surprised to find when they bring home this bottle that’s got a big picture of a pomegranate on it, and it says ‘pomegranate’ on it, that it is — what is it — less than one half of 1 percent pomegranate juice?”

Where is the FDA on all this?  Blame its inaction on the Dietary Supplement Health and Education Act of 1994, which allowed ridiculous health claims on food labels and forced the FDA to keep hands off.

This outcome of this case, silly as it is, will be fun to watch.

The food industry is so worried about the prospect of GMO labeling that companies have banded together to try an end run.  According to Politico, 

The coalition is calling for legislation that would require mandatory premarket approval of GMO food ingredients by FDA and grant authority to the agency to label products that raise safety concerns, set up a voluntary program for food companies to label foods that are GMO free, include GMO ingredients in a definition of “natural” foods and preempt state labeling laws.

Voluntary, of course, means that companies can voluntarily not label and maintain the status quo.

Considering GMO foods as “natural” is unlikely to go over well with anyone who already thinks that calling high fructose corn syrup “natural” is a stretch.

As for preempting state labeling laws, here’s what the industry is up against—a plethora of proposals—here summarized by  Politico Morning Agriculture:

– Rhode Island: H 7042, would require food and seed that contains more than .09 percent GMO ingredients to be labeled. The bill further defines “natural” to mean GMO-free.  

– Missouri: SB533 seeks to require the labeling of all genetically modified meat and fish raised and sold in the state.

– Vermont:  MA has already reported on the introduction last week in Vermont’s Senate of H. 112, a House-passed bill that would require GMO food labeling.  State Sen. Eldred French (D) has introduced S. 289, which would make manufacturers and growers of GMO crops liable for trespassing and damages should their seed drift into other fields:

– Washington: While voters in the Evergreen State knocked down a GMO labeling ballot initiative last fall, lawmakers are pushing for a narrower labeling effort that focuses on specifically protecting the state’s salmon fisheries in the event that FDA approves the genetically engineered AquaAdvantage Salmon. State Rep. Cary Condotta (R) has introduced HB 2143, which would require the labeling of GMO salmon:

– Alaska: State Rep. Geran Tarr (D) has introduced HB 215, which would require the labeling of foods with GMO ingredients with exceptions for animal feed, alcohol and foods processed with GE enzymes. The bill also would create an exemption from labeling for “genetically modified fish or genetically modified fish products”:

– Florida: SB 558 would require that by Jan. 1, 2016, GMO food items for sale in the state be labeled in text printed underneath the product’s ingredient list. The bill contains exceptions for animal feed, alcohol and processed food that a GMO ingredient does not account for “more than one-half of 1 percent of the total weight.”

– West Virginia: Mountain State lawmakers are set to consider three GMO bills — a labeling measure, a seed and crop disclosure initiative, and a liability measure for contamination crops at another agricultural operation.

– 2013 labeling bill carryovers: A labeling bill in Hawaii’s House of Representatives, HB 174, which was introduced last January, could see some action this year as efforts by many of the islands each tackle the cultivation of GMOs could spur action by the state house on the issue. Also, a labeling bill in Illinois, SB 1666, has picked up 12 cosponsors, many of them signing on just this fall.

The Biotechnology Industry Organization (BIO) seems to think that GMO labeling initiatives are winning.  It is now calling for “open dialogue.”  

And if the mandatory ballot labeling activity in more than 30 states in 2013 is any indication, the anti-GMO message is getting through. There are three components common to all these legislative efforts and ballot initiatives: they are framed as consumers’ “right to know;” they exempted alcohol, dairy, meat and restaurant food; and they would allow lawsuits based on asserted non-compliance.

I still don’t get it.  What are the food and biotechnology industries so afraid of?

They think GMOs solve major world food problems.  If so, what’s to hide? 

Release of the FDA’s proposals for revisions of the Nutrition Facts label got, to say the least, lots of attention.

A few items need some follow up.

The politics

The best discussion of the First Lady’s involvement in the new food label comes from Helena Bottemiller Evich at Politico:

• On yesterday’s release
• On Mrs. Obama’s emerging role in nutrition policy
• On the likely effects of the new label on the food industry

The reaction of the Grocery Manufacturers Association (GMA)

How’s this for a brilliant response?

We welcome First Lady Michelle Obama’s announcement of the proposed updates to the Nutrition Facts panel and thank her for her leadership on this and broader health issues.  The nation could not ask for a more thoughtful, effective or passionate advocate than Michelle Obama.

For 20 years, the Nutrition Facts panel has been an invaluable tool to help consumers build more healthful diets for themselves and their families, and the time is right for an update.

Diets, eating patterns and consumer preferences have changed dramatically since the Nutrition Facts were first introduced.  Just as food and beverage manufacturers have responded by creating more than 20,000 healthier product choices since 2002, and by providing tools like Facts Up Front front-of-pack labels, the FDA is responding with a thoughtful review of the Nutrition Facts panel.

We look forward to working with the FDA and other stakeholders as these proposed updates to the Nutrition Facts label make their way through the rule making process.

It is critical that any changes are based on the most current and reliable science.  Equally as important is ensuring that any changes ultimately serve to inform, and not confuse, consumers.

How you can file comments

A frustrated reader complains that he can’t find information on the FDA’s website about how to file comments.     That’s because the proposals haven’t been published yet.

They are scheduled for publication in the Federal Register on March 3.  Look for instructions then.  After that, the FDA will collect comments for 90 days.

Two sets of proposed rules will be open for comment:

• Food Labeling: Revision of the Nutrition and Supplement Facts Label  (367 pages)
• Serving Sizes of Foods that can Reasonably be Consumed at One-Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments (145 pages)

Start drafting comments now!

The holidays are a quiet time for food politics so I thought I catch up on some pending items, starting with GMOs.

• The Grocery Manufacturer’s Association (GMA) wants the FDA to approve a “natural’ label for GMOs.  No, the GMA is not kidding.
• Senator Dianne Feinstein (Dem-CA) wants President Obama to mandate GMO labeling.  She says he can use his administrative authority to do this.
• A bunch of Senators signed on to a bill to label GMOs.
• The Center for Food Safety says half of all states are working on GMO labeling initiatives.
• The GMA must be worried.  It is leading a coalition to do voluntary GMO labeling.
• More than a decade ago, the FDA issued draft guidance for voluntary GMO labeling, but never did anything with it.  Rumors are that the agency will be issuing (reissuing?) such guidance soon.
• In the meantime, the Union of Concerned Scientists just released a report on the alarming rise of herbicide-resistant “superweeds” used to douse GMO crops.  Oops.

No, tired as you may be of them, GMO issues are not going to disappear in 2014.

My prediction: labeling will come, maybe sooner rather than later, although it’s hard to say in what form.

A reporter in South America called yesterday to ask me about the new rules for food labels and marketing to children just issued by the Chilean ministry of health.

The rules establish nutrition standards for foods.  Products that exceed the standards will have to say high in sugar, salt, or fat in brightly colored labels (red, green, blue) on the front of the packages.

The standards themselves are much stricter than anything ever proposed in the United States, even than those of the ill-fated Interagency Working Group (IWG).

Sodas, for example, can only contain 15 grams of sugars per 8 ounces (they typically contain 27 grams).

I’m told that other rules deal with advertising to children (no toys, nothing specifically enticing such as cartoons).

How could this happen?

I’m not up on Chilean politics.  All I know is that these rules were proposed under the current president whose wife was behind the Elige Viver Sano program, one quite similar to Michelle Obama’s Let’s Move!

If you know something about the politics of this initiative, please write a comment.  I’d like to know more about this.  Thanks!

Update: Thanks to Dr. Corinna Hawkes Dr Corinna Hawkes, Head of Policy and Public Affairs for the World Cancer Research Fund International sends the following information:

• The Chile regulation (needs updating)
• A speech on Chile’s regulation given at Bellagio
• Ecuador’s regulation on front-of-package labeling and marketing to children
• An article about Ecuador’s labeling program
• An article about Ecuador’s traffic-light labels