Search results: natural

I was fortunate to be able to attend the Natural Products Expo East in Baltimore on Saturday and worth the trip it was.

Here is where to see—and taste—what’s happening in health foods: ultra-processed (drinks, crackers, puffs) and not (nut butters, smoked fish).

Impressions

This is a huge market: the exhibits took up three full floors of two buildings in the convention center.  I think I only managed to wander through about half of them.

The big news is hemp.  An entire section of one of the floors was devoted to CBD oils, pills, and balms, but hemp booths were also scattered throughout.  I didn’t see many edibles—just a few gummy bears.

The buzz words are “all boxes checked.”  I heard this many times.  My favorite example: hemp water (“hydrate your body to the fullest”).  Here’s its list:

• All natural
• No artificial flavors
• No THC
• No preservatives
• Gluten free
• Dairy free
• Sugar free
• Sodium free
• Zero calories
• Non-GMO
• Vegan

Everyone wants to get into Whole Foods.  When I asked small producers where I could find their products, one after another said this.

Plant-based products are on the move.  I tried oat- and coconut-based ice creams (not bad, but still can’t compete with the 17% fat dairy versions, alas).

The terms “healthy” and “natural” help to sell food products.  They are about marketing, not health.

This makes life difficult for the FDA, which has the unenviable job of defining what the terms mean on food labels.

In a victory for the maker of KIND bars, the FDA has just said that the bars can be advertised as healthy—and that the agency will be revisiting its long-standing definition of the term.  This is what that definition says now:

You may use the term “healthy” or related terms as an implied nutrient content claim on the label or in labeling of a food that is useful in creating a diet that is consistent with dietary recommendations if the food meets the conditions for total fat, saturated fat, cholesterol, and other nutrients…In addition, the food must comply with definitions and declaration requirements for any specific NCCs [Nutrient Content Claims].

The chronology :

• March 2015: FDA issues a warning letter to KIND stating that product labels make nutrient content claims without meeting the requirements for making such claims.
• December 1, 2015: KIND files citizen petition asking FDA to permit use of “healthy” because nuts, even though higher in fat than FDA permits, are healthy.
• April 20, 2016: FDA says KIND products now meet labeling requirements
• May 10, 2016: KIND announces that the FDA has reversed its stance and will allow it to use “healthy.”

As reported by Food-Navigator-USA (in a remarkably thorough account of these events),

Dr. Susan Mayne, Director of the Center for Food Safety and Applied Nutrition at the FDA, said: We do not object to the specific statement that you would like to place on your bar wrappers, on the condition that there will be no other nutrition-related statement, such as express or implied nutrient content claims, on the same panel of the label…We agree with you that our regulations concerning nutrient content claims are due for a reevaluation in light of evolving nutrition research.”

What this sounds like is that FDA will be soliciting comments on the meaning of “healthy.”   It also sounds like the FDA agrees that fat is not an appropriate criterion.  But will the FDA set a limit on sugars?  KIND bars are sweetened.

This looks like the FDA will request comments as the start of its interminable rulemaking process.

In the meantime, here’s the Wall Street Journal’s video explanation of the absurdity of the current rules.

Natural

The FDA is further along in that process for “Natural.“  The comment period closed and Politico Pro Morning Agriculture reports that more than 5000 came in.  These have not yet been posted, but Morning Ag has some.  It says opinions vary.  Widely.

• FDA should prohibit using the term.
• Acceptable post-harvest processing and production methods [including GMOs]
• No chemicals, no additives, and no kitchen chemistry
• Some forms of processing can be used – and indeed may be necessary.
• ‘Natural’ means that this product contains no artificial or synthetic ingredients.

I’ve commented many times in the past on the ongoing debates about “natural.”

I repeat: When it comes to food labels, “healthy” and “natural” are marketing terms.  Their purpose is to sell food products.

Caveat emptor.

I’ve written repeatedly about the problem of “natural” on food labels, but the issue just doesn’t go away.  It won’t, until the FDA decides to rule on what it means.

Now Consumer Reports has done a survey of public understanding of the term.

The survey reveals that 62% of respondents want foods to be “natural.”   When they see the claim on a food package, they believe it has been verified independently.  Oops.

They also believe that “natural” means no artificial ingredients (correct, according to the FDA’s non-definition) or GMOs (incorrect).  The survey confirms the idea that many people think “natural” is the same as “organic,” which it is not.

Consumers, says Consumer Reports, are naturally confused.  And why wouldn’t we be, given the products labeled as “natural” (see the examples collected by Consumer Reports).

The FDA is currently collecting its own comments on this issue.  You can weigh in until May 15.  Please do. 

The FDA is extending the comment period for the meaning of “natural” on food labels until May 10, 2016.  This, it says, is

In direct response to requests from the public…Due to the complexity of this issue, the FDA is committed to providing the public with more time to submit comments. The FDA will thoroughly review all public comments and information submitted before determining its next steps.

The “complexity of this issue?”  Isn’t it obvious what “natural” means when applied to food—minimally processed with no junk added?

Not a chance.  “Natural” is too valuable a marketing term to forbid its use on highly processed foods.  To wit:

Here, as the agency explains, is what complicates the meaning of “natural”:

The FDA is taking this action in part because it received three Citizen Petitions asking that the agency define the term “natural” for use in food labeling and one Citizen Petition asking that the agency prohibit the term “natural” on food labels.  We also note that some Federal courts, as a result of litigation between private parties, have requested administrative determinations from the FDA regarding whether food products containing ingredients produced using genetic engineering or foods containing high fructose corn syrup may be labeled as “natural.”

Are foods containing genetically modified ingredients or HFCS “natural?”

The FDA says

It has long “considered the term “natural” to mean that nothing artificial or synthetic  (including all color additives regardless of source) has been included in, or has been added to, a food that would not normally be expected to be in that food.

However, this policy was not intended to address food production methods, such as the use of pesticides, nor did it explicitly address food processing or manufacturing methods, such as thermal technologies, pasteurization, or irradiation. The FDA also did not consider whether the term “natural” should describe any nutritional or other health benefit.

Specifically, the FDA asks for information and public comment on questions such as:

• Whether it is appropriate to define the term “natural,”
• If so, how the agency should define “natural,” and
• How the agency should determine appropriate use of the term on food labels.

If you want to weigh in on this, you now have until May 10 to do so.  Go to http://www.regulations.gov and type FDA-2014-N-1207 in the search box.

Here are the background documents:

• Federal Register Notice: Use of the Term “Natural” in the Labeling of Human Food Products; Request for Information and Comments; Extension of the Comment Period.
• “Natural” on Food Labeling

May your holidays be happy, healthy, and natural, of course.

I’m always indebted to Food-Navigator-USA for spot-on commentary on current food politics.  Here, for example, is Elaine Watson on the FDA’s amazing decision to take comments on the meaning of “natural” on food labels.

Having studiously avoided this food labeling minefield for years, the Food and Drug Administration (FDA) has surprised many in the trade by seeking comments on the definition of a word that has launched a thousand class action lawsuits (well almost): ‘natural’.

Her piece is worth reading for its excellent reporting and interviews with industry stakeholders.

About “natural,” the FDA has said:

From a food science perspective, it is difficult to define a food product that is ‘natural’ because the food has probably been processed and is no longer the product of the earth. That said, FDA has not developed a definition for use of the term natural or its derivatives. However, the agency has not objected to the use of the term if the food does not contain added color, artificial flavors, or synthetic substances.

Now petitions have induced the FDA to seek comments, the first step in its standard rulemaking processes.

Specifically, the FDA asks for information and public comment on questions such as:

—Whether it is appropriate to define the term “natural,”

—If so, how the agency should define “natural,” and

—How the agency should determine appropriate use of the term on food labels.

“Appropriate” in this context translates as:  Should high fructose corn syrup be considered “natural?” (The FDA said yes in 2008).   How about GMOs? (the FDA’s position on GMOs is that they are not materially different from any other kind of food).

To file comments on these and other questions,

• For electronic submissions, go to Regulations.gov and search for docket number FDA-2014-N-1207.
• For submissions by mail, use the following address. Be sure to include docket number FDA-2014-N-1207 on each page of your written comments.  Division of Dockets Management, HFA-305, Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852

Consumer Reports has just done a major report on the safety of ground beef.

In its announcement of the report, Consumer Reports says:

All 458 pounds of beef we examined contained bacteria that signified fecal contamination (enterococcus and/or nontoxin-producing E. coli)…Almost 20 percent contained C. perfringens, a bacteria that causes almost 1 million cases of food poisoning annually. Ten percent of the samples had a strain of S. aureus bacteria that can produce a toxin that can make you sick…One of the most significant findings of our research is that beef from conventionally raised cows was more likely to have bacteria overall, as well as bacteria that are resistant to antibiotics, than beef from sustainably raised cows.

For public health people, results like this should send alarm signals.  The presence of E. coli, even the non-toxic type, indicates fecal contamination.  This is more than a yuck problem.  If E. coli is there, dangerous fecal pathogens could be there too.

But the North American Meat Institute headlined its response: “Consumer Reports Ground Beef Study Confirms Strong Safety of Ground Beef.”

The “bacteria identified in the Consumer Reports testing are types that rarely cause foodborne illness. Bacteria such as Staphylococcus aureus, Enterococcus, and generic E. coli are commonly found in the environment and are not considered pathogenic bacteria…Bacteria occur naturally on all raw food products from beef to blueberries so finding certain types on some foods in a grocery store is not surprising and should not be concerning,”

For the meat industry, fecal contamination is normal, natural, and you don’t need to worry about it—just be sure to cook your meat to a temperature high enough to kill all pathogens.

Good luck with that.

My advice: if you like ground beef rare, go to a butcher shop and ask to have one piece of meat ground for you in a freshly cleaned grinder.

I’ve written frequently about the “natural” issue—what’s natural in foods and what’s not—on this site and now must do so again.

Yesterday, FoodNavigator reported that the FDA “respectfully declined” to decide once and for all whether foods labeled “natural” can include GMOs.

To summarize what brought this on:

• Judge Yvonne Gonzalez Rogers referred a lawsuit over “all-natural’ claims on GMO-containing Mission tortilla chips to the FDA to decide whether GMO-containing products can be considered “natural.”
• So did two other judges in cases involving Campbell Soup and General Mills Kix cereal.

The FDA’s letter to the three judges says the agency has to make decisions like this in the context of rulemaking, not litigation.

So how about making a decision about what “natural” means once and for all?

Not a chance.  The FDA says it has better things to do:  “Because especially in the foods arena, FDA operates in a world of limited resources, we necessarily must prioritize which issues to address.”

Back to court, this one goes, or so it seems.

At a talk I gave for CQ Roll Call in Washington, DC last week, an audience member asked about the definition of “natural.”  I thought I had said everything there was to say about it (see post from August).  Wrong.

Another member of the audience sent me the definition of “natural” produced by, of all things, the  Treasury Department’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Three federal agencies deal with “natural.”

The FDA

In answer to the question, “What is the meaning of ‘natural’ on the label of food?,” the FDA says:

From a food science perspective, it is difficult to define a food product that is ‘natural’ because the food has probably been processed and is no longer the product of the earth. That said, FDA has not developed a definition for use of the term natural or its derivatives. However, the agency has not objected to the use of the term if the food does not contain added color, artificial flavors, or synthetic substances.

The USDA

The USDA discusses “natural” in the context of organic foods, in order to distinguish “natural” from organic:

Natural. As required by USDA, meat, poultry, and egg products labeled as “natural” must be minimally processed and contain no artificial ingredients. However, the natural label does not include any standards regarding farm practices and only applies to processing of meat and egg products. There are no standards or regulations for the labeling of natural food products if they do not contain meat or eggs.

The ATF

This agency is in charge of regulating alcoholic beverages, largely for tax-collection purposes.  Its “ATF Ruling 85-4” does not actually define the term “natural,” but instead says when ATF takes no exception to its use.

(1) Any grape fruit, citrus or agricultural wine may be designated “natural” if it is made without added alcohol or brandy…No other type of wine may be designated as “natural.”

(2) A distilled spirit may be designated as “natural” if is solely the result of distillation, with or without mingling of the same class and type of spirits or simple filtration which does not alter the class or type of the product.

(3) A malt beverage may be designated “natural” if it is made without adjuncts (additives) other than those additives which do not remain in the finished product, either by precipitating out or by combining with other components of the product and the resulting compound precipitates or is filtered out.

I am not making this up.

CSPI thinks it’s time to phase out the use of “natural.”  OK by me.

Addition: Michele Simon, who blogs at Eat, Drink, Politics, writes (she’s not making this up either):

In fact, ATF is how housed within the Department of Justice.

Historically, ATF had all jurisdiction over alcohol (and was within Treasury), which is where that rule must have come from.

ATF still maintains jurisdiction over criminal activity, but now, the Alcohol and Tobacco Tax and Trade Bureau oversees labeling. That’s housed within Treasury.

This explains the split in 2002 (click here).

Clear as mud? So maybe you can add a fourth agency to your list!