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The Connecticut Attorney General, Richard Blumenthal, announced yesterday that all eight food companies involved in the Smart Choices program have agreed to drop out pending his investigation and the FDA’s decision about front-of-package labeling.  Says Blumenthal:

Food manufacturers now realize that continued use of the logo would only mislead and compound consumer confusion. Other food labels richly deserve the same scrutiny — which we will give them with relish.

My investigation into Smart Choices, now supported by the FDA, continues to seek any scientific research or evidence behind a program that promotes mayonnaise, sugar-loaded cereal and ice cream as Smart Choices.

Many in the food and beverage industry have sugarcoated their labels — diverting and distracting consumers from nutrition truth, and pushing them toward obesity and disease. Self responsibility and good parenting are key to healthy lifestyles, but impossible when food manufacturers misguide them.

Our initiative should send a message to other food manufacturers that labeling must be completely truthful and accurate without hype or spin, especially when appealing to children. I am strongly encouraged by interest in our investigation by other attorneys general who can form a powerful coalition against misleading or deceptive food labeling.

Keep an eye out for what other city and state attorneys will be doing about food labels.   FDA: get busy!

Big news!  According to an AP report today, the group that runs the Smart Choices program has announced that it will “postpone” active recruitment of new products and will not encourage use of the logo while the FDA is in the process of examining front-of-package labeling issues.

Who says the FDA does not have any power?  I think it does.  And let’s welcome it back on the job.

As for my nutrition colleagues in the American Society of Nutrition, the group that competed to manage the program and has been defending it ever since, here’s what they now say:

Dear ASN Member,

Today the Smart Choices Program announced the decision to voluntarily postpone active operations and not encourage wider use of the Smart Choices Program logo. This move follows an announcement by FDA Commissioner, Margaret Hamburg, M.D. on Oct. 20, 2009, which said that the agency intends to develop standardized criteria on which future front-of-package (FOP) nutrition or shelf labeling will be based. In a letter captioned, “Guidance for Industry” and posted on its website, the FDA stated: “We want to work with the food industry − retailers and manufacturers alike − as well as nutrition and design experts and the Institute of Medicine, to develop an optimal, common approach to nutrition-related FOP and shelf labeling that all Americans can trust and use to build better diets and improve their health.”

ASN commends the FDA on its announcement of intent to develop standardized criteria on which front-of-pack nutrition and shelf labeling could be based. In addition, ASN fully supports the decision of the Smart Choices Program Board of Directors to postpone their active operations as FDA works to address both front-of-pack and on shelf labeling.  “ASN will continue to provide nutrition science expertise within the dialogue on front-of-pack labeling in order to best serve the interests of the health of Americans,” said ASN President Jim Hill in a statement to media.

Sincerely,

ASN Executive Board

As I have explained in previous posts about Smart Choices, the ASN should never have gotten involved in this dubious enterprise in the first place.  The organization was lucky to get out of this so easily.  I hope it does not make the same mistake again.

The press had a field day with the Smart Choices logo on Froot Loops.  As Rebecca Ruiz at Forbes puts it, “the uproar over the program has conveyed a definitive message to industry: Don’t try to disguise a nutritional sin with a stamp of approval.”

Richard Blumenthal, the Connecticut Attorney General, says he is about to conduct an investigation into the Smart Choices program because it is “overly simplistic, inaccurate and ultimately misleading.”   Recall that Froot Loops, a product with sugar as its first ingredient, qualifies as a better-for-you option.  Apparently, Mr. Blumenthal is talking to the Attorneys General of other states and several want to join his investigation.  While they are at it, maybe they should also take a look at the role of the American Society of Nutrition in developing and managing this program.

But count on the American Council on Science and Health (ACSH) to defend Froot Loops as a Smart Choice.  Explains ACSH’s Jeff Stier:

Froot Loops and Lucky Charms have the ‘Smart Choices’ label. They have sugar in them, but they also contain half of a person’s daily requirement of some vitamins. If we’re able to give kids those nutrients, it should be okay to give them some sugar. If they sold these products without sugar, kids wouldn’t eat them, or they might end up adding even more on their own….Don’t companies have the right to say those foods are better than others? It’s not as if they are making specific health claims, rather these are just comparative claims.

This Richard Blumenthal is the same one who has been seeking to ban e-cigarettes…Connecticut may have more serious problems to focus on than banning e-cigarettes and worrying about companies trying to point consumers to healthier products. Froot Loops obviously isn’t the healthiest food out there, but it’s better than many others.

It’s that debatable philosophic argument again: Is a so-called “better-for-you” product necessarily a good choice?

[Note: I’m in Rome this week and am most grateful to the six people who sent me the Times article and the two who sent the ACSH post.  Thanks so much!]

We now have a piece mentioning the Smart Choices program in The Economist as well as a letter from Dr. Eileen Kennedy, the member of the Smart Choices program committee to whom the quotation about Froot Loops, “Better than a doughnut,” is attributed.

The Economist discusses the booming business of functional foods: “Consumers are swallowing such products, and the marketing claims that come with them.” It mentions the fuss over Smart Choices, but the best part is the caption to the illustration that comes with it.

It's practically spinach

And, I’ve been sent a copy of an e-mail letter to alumni from Dr. Eileen Kennedy, dean of the Friedman School of Nutrition Science and Policy at Tufts University, explaining her participation in the Smart Choices program:

Dear Friedman School Alumni,

There is an issue that has emerged as a result of a NY Times article that appeared in the business section on Sept 5, 2009. Since I believe I was grossly misquoted in the article and that the article does not accurately depict the Smart Choices program, I want to share with you some background on this program and my involvement.

In 2007, I was invited to join the Keystone Roundtable on Food and Nutrition. Keystone is a non-profit organization that brings individuals together around potentially controversial issues. The roundtable included health organizations, food companies, retailers, and academic researchers from a variety of U.S. universities. I was one of the academics who served pro bono on the roundtable. Initially, we met to discuss revisions to the FDA nutrition label. Ultimately, we decided to address the issue of Front of Pack Labels on food products. The final recommendations of the group were based on consensus science including the Dietary Guidelines for Americans, the FDA definition of healthy, WHO recommendations and the Institute of Medicine Scientific reports. The program that emerged from this meticulous process is called “The Smart Choices Program (SCP).” Food products that qualify as “better for you” get a check mark as well as disclosure of calories per serving and number of servings in a product.

I believe there are three major advantages to this program in addition to the rigorous scientific underpinnings.

First, the SCP is intended to improve food patterns at point of purchase – the super markets. To do this, food products are divided into 19 categories – based on research – that reflect how people buy food. All fruits and vegetables without additives automatically qualify.

Second – and a major plus – the program was tested prior to launch with consumers.

Finally, food companies who participate in the program have agreed to abandon their proprietary systems and adopt one system – the Smart Choices Program.

Thus, thousands of products using the SCP check mark will reach millions of consumers. It is a credit to the social responsibility of participating companies that because of the strict nutrition criteria, fewer of the individual food products will qualify for the Smart Choices Program.

As a non-industry board member, I have been targeted by negative emails, letters and even some phone calls. I regret that some of this hostility has been focused on the Friedman School and Tufts University and must note that I serve as an individual on the Smart Choices Program. Tufts University is not involved with it….

As nutritionists, we know that, in many ways, the science of nutrition is straight-forward. It is the translation of science into action that is often complex and can be contentious. Within our field, there are many opinions on how to improve the nutritional well-being of people worldwide. It is precisely at an academic institution like Tufts that we should have a respectful and open dialogue about these issues….For additional information, you may also want to go to www.smartchoicesprogram.com….

The letter gives me a chance to repeat a few points that I have made in previous posts (see Smart Choices, Scoring Systems) and on the general matter of corporate sponsorship of nutrition activities (tagged as Sponsorship).

First, this enterprise was paid for by participating companies to the tune of $50,000 each for a total of $1.67 million.  Social responsibility?  I don’t think so.  Companies usually get what they pay for.  Hence: Froot Loops.

Second, a comment on the research basis.  I have written extensively in Food Politics and in What to Eat about the influence of food companies on federal dietary guidelines and the compromises that result.  Even at its best, the process has to be impressionistic and cannot be either meticulous or rigorous.  The guidelines are meant to be generic advice for healthful eating.  They were never meant to be used – and cannot be used – as criteria for ranking processed foods as healthful.

The FDA standards for comparison to Daily Values on food labels are also worth a comment.  They were the basis of Hannaford supermarkets’ Guiding Stars program, which awards one, two, or three stars to foods that meet FDA-based criteria.  By those criteria, Froot Loops does not qualify for even one star.  If Smart Choices had relied on FDA criteria, such products would not be check marked.

Dr. Kennedy makes some excellent points in her letter and I particularly agree with one of them: nutritionists differ in opinion about how best to advise the public about diet and health.  Mine is that the Smart Choices program is a travesty and the sooner it disappears, the better.

September 29 update: The L.A. Times weighs in with a story (which quotes me).  It’s got another great comparison from a member of the Smart Choices committee:  “Cereal provides an array of nutrients and is a good breakfast…especially if the alternative is a sweet roll.”  My son, who saw the story, has this comment: “Hey! I think Froot Loops are a “Smart Choice.” After all, they have “froot,” don’t they? And maybe no nutritionist you know would recommend Froot Loops for breakfast, but what about for lunch or dinner?”

I’ve just been contacted by Mike Smith of Change.org.  This group is organizing a letter-writing campaign about the Smart Choices program.  You don’t know what this is about?  See previous posts.  Here’s what he says:

At Change.org we are also outraged by the Smart Choices program and are concerned that members of the American Dietetic Association and nutrition experts are allied with Smart Choices, happy to mislead the public about what constitutes a healthy / smart choice. We’ve already had 3,000 people email the Smart Choices panel demanding they stop shilling for Kellogg’s and better support consumers in this action campaign…We’ve had big successes in the recent weeks — we got the Department of Labor to release its list of slave made goods to consumers, had Chipotle agree to better rights for their tomato farmers, and persuaded Live Nation to cancel concerts by an anti-gay musician. Having you on board will hopefully tip the balance and encourage the Smart Choices board to make crucial changes that won’t allow Froot Loops to be presented as a Smart Choice.

How about adding your voice to the protest against the Smart Choices program, or what has now become known as the “Better than a Doughnut” program?  It’s easy to do.   Just click on this link.   Thanks Mike.

Update September 18:  Here’s another good reason to be concerned about this program.  It was paid for by industry to the tune of $1.47 million, according to Forbes.

You may recall my previous posts about the new Smart Choices program.  This program was developed by food processors to identify products that are ostensibly “better for you”  because they supposedly contain more good nutrients and fewer bad ones.  This program is about marketing processed foods and I wouldn’t ordinarily take it seriously except that several nutrition professional associations are involved in this program and the American Society of Nutrition is managing it.  In effect, this means that nutritionists are endorsing products that bear the Smart Choices logo.

So what products are nutritionists endorsing?  I went grocery shopping last week and bought my first Smart Choice product: Froot Loops!

Froot Loops

Look for the check mark in the upper right of the package.  Frosted Flakes also qualifies for this logo, and do take a look at what else is on the approved list.

A close look a the Nutrition Facts label of Froot Loops shows that it has 12 grams of added sugars in a 110-calorie serving.  That’s 44% of the calories (12 times 4 calories per gram divided by 110).  The usual program maximum for sugar is 25% of calories but it makes an exception for sugary breakfast cereals.  Note that the fiber content is less than one gram per serving, which makes this an especially low-fiber cereal.

OK.  I understand that companies want to market their processed foods, but I cannot understand why nutrition societies thought it would be a good idea to get involved with this marketing scheme.  It isn’t.  The American Society of Nutrition gets paid to manage this program.  It should not be doing this.

But, you may well ask, where is the FDA in regulating what goes on package labels?

Good news: I am happy to report that our new FDA is on the job!  FDA officials have written a letter to the manager of the program.  Although the letter is worded gently, I interpret its language as putting the program on high alert:

FDA and FSIS would be concerned if any FOP [Front of Package] labeling systems used criteria that were not stringent enough to protect consumers against misleading claims; were inconsistent with the Dietary Guidelines for Americans; or had the effect of encouraging consumers to choose highly processed foods and refined grains instead of fruits, vegetables, and whole grains [my emphasis].

Update August 25: I received an interesting e-mail message from a member of the Keystone group that developed the Smart Choices program.  The message confirms that this program is a scheme to make junk foods look healthy.  It says:

Glad to see your posting about Froot Loops! The negotiations over criteria were interesting. Lots of good debate on various points, but when the companies put their foot down, that was it; end of discussion. And sugar in cereals was one such point. Others included the non-necessity for breads, etc. to contain half or more whole grains and the acceptance of fortification to meet the nutrient requirement.

In other words, some people in the group argued that breads needed to contain at least half a serving of whole grains to quality and that added vitamins and minerals should not count toward qualification.  Too bad for them.  I guess the companies put down feet.  But why didn’t they speak up then?  And why aren’t they speaking up now?

Earlier this week, I received a phone call from Dr. Celeste Clark, Kellogg’s senior vice president for global nutrition, corporate affairs and chief sustainability officer.

She had seen my previous blog post on the Smart Choices program, and wanted me to know that Froot Loops has been reformulated to contain 3 grams of fiber, not less than 1 gram, as I had posted, and that  in all fairness, I ought to post the new version.  Sure.  Happy to.  Here it is.

This higher fiber product, of course, gets us into the philosophical question:  Is a somewhat-better-for-you, highly processed food really a good choice?  Does the additional 2.5 grams of fiber convert this product to a health food?  Whether Froot Loops really is a better choice than a doughnut as the Smart Choices program contends, seems debatable.

If I read the Nutrition Facts and ingredient list correctly, Froot Loops cereal contains:

• No fruit
• Sugar as the first ingredient (meaning the highest in weight–41%)
• Sugar as 44% of the calories
• Partially hydrogenated vegetable oil and, therefore, trans fat (although less than half a gram per serving so the label can read zero)

But with an implied endorsement from the American Society of Nutrition, which is managing the Smart Choices program, I guess none of that matters.  Or maybe the added fiber cancels all that out?

I pointed out to Dr. Clark that I had just bought the fiberless Froot Loops at a grocery store in midtown Manhattan, which means the old packages must still be on the market.

I discussed this and other such products with William Neuman of the New York Times whose reporting on the Smart Choices program appears on the front page of today’s business section under the title, “For your health, Froot Loops.  Industry-backed label calls sugary cereal a ‘Smart Choice.'”

According to his well reported account, Kellogg’s and other participating companies pay up to $100,000 for that seal.  No wonder the American Society of Nutrition and everyone else involved in the program want to set nutrition standards so loosely that they can encompass as many products as possible.   The more products that qualify for the Smart Choices logo, the more money the program gets.  I’d call that a clear conflict of interest.

Neuman managed to find nutritionists who defend the program.  I am not one of them.

Update September 6: CBS did a story on Smart Choices (I’m interviewed in it)

Update September 9: The American Society of Nutrition must be getting a bit defensive about the negative publicity, as well it should be.  It has issued an explanation to members.

Three items on the Smart Choices front (make that four – see below):

1.  Let’s start with the great video by ABC News [if the link doesn’t work, go to the ABC News site and search for Food Label Fight].  It features an incredulous Mark Bittman pulling check-marked products off supermarket shelves, along with Richard Kahn defending the program.  Kahn, as I discussed in What to Eat, defended the American Diabetes Association’s (ADA) implied endorsement of Post sugary cereals.  When Jane Brody wrote about this in the New York Times, the Association promised to remove its logo from the products and did so after a bit.

2.  The letter-writing campaign organized by Change.org has had the same effect: “Victory: Change.org Members Force Health Organizations to Back Away from Food Labeling Ploy.”

The new marketing program, called “Smart Choices,” is a front-of-the-package nutrition-labeling program designed in theory to help shoppers make smarter food choices.

But as the New York Times exposed last week, the selections are anything but healthy. One of the selections is Froot Loops, which was chosen, according to one board member, because “it’s better for you than donuts.” (No, we’re not kidding. We couldn’t make this up.)

Despite the program’s dubious standards, it maintained the appearance of legitimacy because researchers associated with three reputable organizations – American Diabetes Association, American Dietetic Association, and Tufts University – were on its board.

In response, thousands of Change.org members sent letters to the presidents of these three major research institutions urging them to remove their name from the program.

The result? All three organizations responded to the pressure this week by publicly distancing themselves from the food labeling scheme and officially asking Smart Choices to remove their name from its website and marketing materials – thereby publicly embarrassing and discrediting the program.

Fine, but this one isn’t over until the American Society of Nutrition (ASN) also extricates from its commitment to manage the program – a clear conflict of interest.

3.  The Institute of Medicine (IOM) is asking for nominations to a committee to study front-of-package labeling (what follows is edited from the request letter):

The IOM is searching for experts in the scientific, technical, and medical professions to be considered for a study committee titled Examination of Front of Package Nutrition Rating Systems and Symbols (Phase I). The sponsors are the CDC and FDA.   The Phase I committee will undertake a review of front-of-package nutrition rating systems and symbols…[and] will also plan for a Phase II.

Phase I will (a) identify front-of-package systems being used, (b) consider their purpose and overall merits, (c) identify the criteria underlying the systems and evaluate their scientific basis, (d) consider advantages and disadvantages, (e) plan Phase II which will consider the potential benefits of a single, standardized front-of-package food guidance system regulated by FDA (my emphasis).

Send the names of candidates to front-of-pack@nas.edu by October 5, 2009. You do not need to contact the individuals you nominate.

This is great news but I’m way too impatient.  This two-phase process will take years. Is the FDA really going to have to wait that long to take action on front-of-package labels such as Smart Choices?

FDA: How about issuing a moratorium on all front-of-package labels until the committees do their work?

4.  Update, September 24: On that very issue, Congresswoman Rosa de Lauro has asked the FDA to do an investigatation of the Smart Choices program.  Excellent idea!