by Marion Nestle

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Nov 17 2010

FDA and FTC get tough on caffeine-alcohol drinks!

The FDA held two conference calls today to announce action on caffeine-alcohol beverages. It is sending warning letters to four companies that make this collection of caffeinated alcoholic beverages:

  • Core High Gravity HG Green
  • Core High Gravity HG Orange
  • Four Loko
  • Joose
  • Lemon Lime Core Spiked
  • Moonshot  (This product is labeled as “premium beer with caffeine”)
  • Max

The FDA says:

The manufacturers of these products have failed to show that the direct addition of caffeine to their malt beverages is “generally recognized as safe” by qualified experts.  Rather, there is evidence that the combinations of caffeine and alcohol in these products pose a public health concern….The agency has given the firms 15 days to respond to the warning letters and then may proceed to court to stop their sale. In addition, other alcoholic beverages containing added caffeine may be subject to agency action in the future if scientific data indicate that the use of caffeine in those products does not meet safety standards.

The FTC issued similar warnings to the same four companies because “marketing of such beverages may constitute an unfair or deceptive practice that violates the FTC Act.  Companies receiving letters include: United Brands Co (Joose and Max), Phusion Products (Four Loko and Four Maxed), Charge Beverages Corporation (Core High Gravity, Core Spiked, and El Jefe), and New Century Brewing Company (Moonshot).

What this is about:

Ever ahead of the game, the New York Times announced yesterday that the FDA would soon be doing something about the caffeinated alcohol beverages that have caused so much trouble on college campuses recently (see previous post on this).

Today, Four Loko says it will voluntarily take the caffeine out of Four Loko.

Why?  In a statement, Phusion Projects, the maker of Four Loko explains:

We are taking this step after trying – unsuccessfully – to navigate a difficult and politically-charged regulatory environment at both the state and federal levels….We have repeatedly contended — and still believe, as do many people throughout the country — that the combination of alcohol and caffeine is safe…If it were unsafe, popular drinks like rum and colas or Irish coffees that have been consumed safely and responsibly for years would face the same scrutiny that our products have recently faced….By taking this action today, we are again demonstrating leadership, cooperation and responsible corporate citizenship.

Yeah, right.  Irish coffees are hardly considered party drinks.

Phusion Projects is acting because it is being forced to.   FoodSafetyNews has kept score, based on data collected by the Marin Institute, which has been on top of this issue for years (thanks to Michele Simon and others).

So far, Oklahoma, Michigan, Utah, and Washington have banned drinks that combine caffeine with alcohol.  New York’s largest beer distributors have stopped selling the drinks. And several colleges have banned the drinks on campuses.

And where are the regulatory agencies in all this?  Alcohol beverages are not regulated by the FDA.  They are regulated by theTobacco Tax and Trade Bureau (TTB) of the Treasury department.  From the government’s standpoint, alcohol is about tax revenues, not health.  As Phusion Projects explains, all this is TTB’s fault:

If our products were unsafe, we would not have expected the federal agency responsible for approving alcoholic beverage formulas – the Tobacco Tax and Trade Bureau (TTB) – to have approved them.   Yet, all of our product formulas and packaging were reviewed and approved by the TTB before being offered to consumers.

Why is the FDA involved in this at all?  Because it regulates food additives—like caffeine and the other supplements put into energy drinks.

If this incident illustrates anything, it’s that alcohol beverages require the same kind of scrutiny given to any other food product and their regulation needs to move to an agency that cares about their effects on health.

Additions, November 18: The California Department of Health Services says caffeine-alcohol beverages can no longer be sold in the state.  And TTB has come out with its own warnings.

Addition, November 23: I’ve been sent the Saturday Night Live skit on Four Loko, and particularly appreciate the comment on portion size—120 servings per can!

Nov 16 2010

The Economist: food biotechnology, pro and con

The Economist is hosting a debate:  “Biotechnology: this house believes that biotechnology and sustainable agriculture are complementary, not contradictory.”

The defender: Pamela Ronald, professor of pathology at UC Davis.

In many regions, the use of biotech seeds allows successful organic production, an important marketing niche, by reducing disease spread, while enabling the remaining 97% of agriculture to become more sustainable by reducing insecticide use.

The opposing view: Dr. Charles Benbrook, chief scientist of The Organic Center and former executive director on the National Academy of Science’s Board on Agriculture.

Alternative systems can often increase yields more than GE seeds can. A recent FAO review of sustainable agriculture systems concluded that yields were increased by an average of 79% across eight systems of agriculture, compared with conventional “best practices”.

I got here too late to vote but there are plenty of comments to argue about.  Enjoy!

Nov 14 2010

No joke: Food industry to write U.K. policy on diet and health

I had a good laugh when Dick Jackson, who chairs the Environmental Health Sciences department at UCLA’s School of Public Health, forwarded this article: “McDonald’s and PepsiCo to help write UK health policy.”

I assumed this was another priceless piece from The Onion, whose recent article on the effects of the U.S. Farm Bill on soybean production is equally hilarious.

But no such luck.  The British food writer, Felicity Lawrence, has three investigative reports in the November 12 issue of The Guardian (U.K.).  You want to see food politics in action?  Watch what is happening in Britain since the conservative government of David Cameron took over (I have commented on this previously).

Lawrence writes that the U.K. Department of Health has invited companies such as McDonald’s, KFC, PepsiCo, Kellogg’s, Unilever, Mars, and Diageo to form “food networks” to write policies to address public health problems such as obesity, alcohol, and diet-related disease.  I have highlighted some of the critical issues in red.

The food network to tackle diet and health problems includes processed food manufacturers, fast food companies, and Compass, the catering company famously pilloried by Jamie Oliver for its school menus of turkey twizzlers. The food deal’s sub-group on calories is chaired by PepsiCo, owner of Walkers crisps.

The leading supermarkets are an equally strong presence, while the responsibility [for the] deal’s physical activity group is chaired by the Fitness Industry Association, which is the lobby group for private gyms and personal trainers.

In early meetings, these commercial partners have been invited to draft priorities and identify barriers, such as EU legislation, that they would like removed. They have been assured by Lansley [the health secretary] that he wants to explore voluntary not regulatory approaches…Using the pricing of food or alcohol to change consumption has been ruled out. One group was told that the health department did not want to lead, but rather hear from its members what should be done.

As for what this means:

Jeanette Longfield, head of the food campaign group Sustain, said: “This is the equivalent of putting the tobacco industry in charge of smoke-free spaces. We know this ‘let’s all get round the table approach’ doesn’t work, because we’ve all tried it before, including the last Conservative government. This isn’t ‘big society’, it’s big business.”

Lawrence has two additional articles on the background of this move.  “First goal of David Cameron’s ‘nudge unit’ is to encourage healthy living” explains that the focus of these efforts will be on food and alcohol choices:

The idea is that individuals can be persuaded – “nudged” – into making better choices for themselves without force or regulation. The coalition agreement talks about “finding intelligent ways to encourage people to make better choices for themselves.”

Her second background piece, “Who is the government’s health deal with big business really good for?”, explains how this happened.

It must have felt like a new dawn for the food and drinks industries. After more than four years of determined and co-ordinated lobbying, they were about to achieve the corporate PR agency dream: being invited to write the policy themselves. And, if the Conservatives won the election, in Lansley they would have a health secretary who understood them.

He not only subscribed to the libertarian view that public health should be more a matter of personal responsibility than government action; he bought in to the whole pro-business PR view of the world….Lansley had already adopted several of the industry’s favoured approaches to the food, drink and health crises, promising that “government and FSA promotion of traffic light labelling will stop”; that there would be no mandatory extension of advertising restrictions; and that alcohol strategy would focus on the responsible drinking messages and improved labelling the industry preferred to regulation.

Lansley also committed to avoiding a narrow focus on “fear of junk foods” that might demonise individual manufacturers’ products, and to talking instead in terms of diets as a whole, of the balance of energy in and energy out, and of portion size. He had said the government and the Food Standards Agency (FSA) would “highlight the continuing contribution made by business to improving diet by reformulating its products“.

Yeah, right.  Even The Onion could not make this up.

Could this happen here?  Grass-roots democracy, anyone?

Nov 13 2010

Middle school food curriculum: Nourish

A new middle-school curriculum guide released by WorldLink and the Center for Ecoliteracy invites students and teachers to ask, “What’s the story of my food?” Nourish: Food + Community, they say, is part of a national initiative—one that combines PBS programming, curriculum resources, website content, teacher seminars, and youth summits.  Its purpose?  To increase food literacy.

We want students to explore the question: How do the food choices we make—individually and as a society—affect the health of people and the environment?

The Center for Ecoliteracy is a nonprofit dedicated to education for sustainable living.  It also publishes the guide, Rethinking School Lunch, the curriculum guide to the film, Food, Inc. and other useful publications.

I get asked all the time for resources about how to fix school lunches.  Thanks to the Center for making this easier.

Nov 12 2010

“Climate-smart” agriculture: FAO report

The role of agriculture in causing and becoming affected by climate change is, to say the least, of much current interest.  The Food and Agriculture Organization of the U.N. (FAO) has  a new report out on precisely this issue: “Climate-Smart” Agriculture: Policies, Practices and Financing for Food Security, Adaptation, and Mitigation.

The report focuses on agriculture in developing countries.  These must develop “climate-smart” approaches to cope with the challenge of feeding a warmer, more heavily populated world.

Climate change is expected to reduce agriculture productivity, stability and incomes in many areas that already experience high levels of food insecurity — yet world agriculture production will need to increase by 70 percent over the coming four decades in order to meet the food requirements of growing world population.

What needs to change?

  • Agriculture: must produce more food, waste less, and make it easier for farmers to get their produce to consumers.
  • Farming: must do a better job of managing natural resources like water, land and forests, soil nutrients and genetic resources to be more resilient to natural disasters.
  • Insurers: must do a better job of helping farmers cope with climate-related problems.
  • Agriculture: must find ways to reduce its environmental impacts — including lowering its own greenhouse gas emissions — without compromising food security and rural development.

This will take money, but from where?

The report gives examples of how farmers are already moving to tackle these issues and adopt new, climate-smart practices.

But how odd: how come FAO isn’t talking about agricultural practices in developed countries ?  Don’t we have some responsibility here?

Nov 11 2010

Three reports: eat more fruits and vegetables

The Institute of Medicine (IOM) has just published a review and assessment of the nutritional needs of the populations served by the USDA’s Child and Adult Care Food Program (CACFP), with recommendations for revising the program’s meal requirements.

CACFP supports the nutrition and health of the nation’s most vulnerable individuals—more than 3 million infants and children and more than 114,000 impaired or older adults, primarily from low-income households. CACFP meals must meet regulations designed to ensure that participants receive high-quality, nutritious foods.

The IOM says that USDA should:

  • Fix the meal requirements to promote eating more fruits and vegetables,  whole grains, and foods that are lower in fat, sugar, and salt.
  • Offer training and technical assistance to providers.
  • Review and update the Meal Requirements to maintain consistency with current dietary guidance.

The Produce for Better Health Foundation, the non-profit educational arm of the fruit and vegetables industries, recently issued its 2010 State of the Plate Report.  The major findings:

  • Only 6% of individuals achieve their recommended target for vegetables; 8% achieve their recommended target for fruit in an average day.
  • Vegetable achievement levels (vs. targeted levels) follow a standard bell-shaped curve, with half of individuals consuming between 40-70% of their target. The picture is less favorable for fruit, however, as two-thirds don’t even consume half of their recommended number of cups of fruit.
  • Children under the age of 12 and females 55 and older are most likely to achieve their fruit target. Males ages 55 and older, teens, and children under the age of 6 are most likely to achieve their vegetable target.The average person consumes 1.8 cups of fruits and vegetables per day or about 660 cups annually. Vegetables account for 60% of this average, while fruit represents 40%.
  • Per capita fruit and vegetable consumption (in cups) has remained fairly stable overall during the past 5 years….Berries, apple juice, and bananas have all shown growth since 2004.
  • Several groups have increased their fruit consumption by at least 5% since 2004. These include children ages 2-12, males 18-34, and females 18-54.
  • Older adults are eating fewer fruits and vegetables compared to just 5 years ago. Men and women aged 65 and over have decreased their intake nearly 10% vs. 2004 levels.

The Produce for Better Health Foundation’s 2010 GAP Analysis,  correlates the gap between consumption and recommendations to the ways in which USDA funding priorities ignore fruits and vegetables.  The report is hard to read and goes on and on, but its thrust is understandable.

The Foundation wants the USDA to spend a greater proportion of its dollars on fruits and vegetables, rather than on meat and dairy foods. USDA’s current allocations for subsidies look like this:

  • Meat: 54.7%
  • Grains (which mostly go to feed animals): 18.0%
  • Dairy (non-butter): 11.4%
  • Fats and oils: 6.2%
  • Fruits and vegetables: 9.8%

These reports aim to align agricultural policy with health policy, and about time too.

Nov 10 2010

Academe on “The Conflicted University”

Academe, the journal of the American Association of University Professors, devotes its current issue to corporate and professorial conflicts of interest.

I’m interviewed in this issue, in a Q and A with Academe editor Cat Warren: Big Food, Big Agra, and the Research University.

Guest editor Sheldon Krimsky explains that:

In this special issue, a group of internationally respected academics, science journalists, and other experts tackle what have become some of the thorniest issues facing higher education: corporate conflicts of interest, the chilling of scientific speech and academic freedom, and the urgent need to protect the integrity of scientific research.

Here’s what’s in the rest of the issue—nothing more about food, but plenty that is relevant to the ethical and corporate issues I often discuss on this site :

Kneecapping” Academic Freedom: Corporate attacks on law school clinics are escalating.
Robert R. Kuehn and Peter A. Joy, law professors, Washington University in St. Louis

The Costs of a Climate of Fear: Ideological attacks on scientists undermine sound public policy.
Michael Halpern, program manager, Union of Concerned Scientists

BP, Corporate R&D, and the University: New lessons for research universities, thanks to a catastrophe.
Russ Lea, vice president for research, University of South Alabama

When Research Turns to Sludge: Tying strings to sludge is not as hard as it sounds.
Steve Wing, epidemiologist, University of North Carolina at Chapel Hill

A Not-So-Slippery Slope: Rejecting tobacco funding isn’t rocket science. It’s basic ethics.
Allan M. Brandt , historian and dean of the Graduate School of Arts and Sciences, Harvard University

The Historians of Industry: What happens when historians enter the courtroom? Mostly, industry rules.
Gerald Markowitz, historian, City University of New York, and David Rosner, historian, Columbia University

Hubris in Grantland: Languor and laissez-faire greet conflict of interest at the NIH.
Daniel S. Greenberg, science journalist

The Moral Education of Journal Editors: Disclosure is a necessary first step toward scientific integrity.
Sheldon Krimsky, urban and environmental policy and planning professor, Tufts University

Diagnosing Conflict-of-Interest Disorder: How Big Pharma helps write the Diagnostic and Statistical Manual of Mental Disorders.
Lisa Cosgrove, clinical psychologist, University of Massachusetts Boston, and residential research fellow, Edmond J. Safra Center for Ethics, Harvard University

The Canadian Corporate-Academic Complex: The unhealthy collaboration of corporate funders and university administrators.
James Turk, executive director, Canadian Association of University Professors

Nov 9 2010

Two reports on marketing food to kids: international and U.S.

The World Health Organization (WHO) has a new, tough report out: “Set of recommendations on the marketing of foods and non-alcoholic beverages to children.

It’s policy aim: to reduce the impact on children of marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt.

Here are some of its recommendations (edited):

  • Given that the effectiveness of marketing is a function of exposure and power, the overall policy objective should be to reduce both the exposure of children to, and power of, marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt.
  • To achieve the policy aim and objective, Member States should consider different approaches, i.e. stepwise or comprehensive, to  reduce marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt, to children.
  • Settings where children gather should be free from all forms of marketing of foods high in saturated fats, trans-fatty acids, free sugars, or salt.
  • Governments should be the key stakeholders in the development of policy and provide leadership, through a multistakeholder platform, for implementation, monitoring and evaluation. In setting the national policy framework, governments may choose to allocate defined roles to other stakeholders, while protecting the public interest and avoiding conflict of interest.
  • Considering resources, benefits and burdens of all stakeholders involved, Member States should consider the most effective approach to reduce marketing to children of foods high in saturated fats, trans-fatty acids, free sugars, or salt.
  • Member States should cooperate to put in place the means necessary to reduce the impact of crossborder marketing (in-flowing and out-flowing) of foods high in saturated fats, trans-fatty acids, free sugars, or salt to children.

The Rudd Center at Yale has just released Fast Food F.A.C.T.S., a thoroughly comprehensive report on the marketing of fast food to children and adolescents.

The report lavishly illustrates and extensively documents the ways in which fast food companies market to kids, the strategies they use, and the effects of these efforts on kids’ diets.

Readers: add it to your library!  FDA and FTC: get busy!

Addition: Advertising Age reports on the fast food industry’s response to the Rudd Center report.  All the industry can come up with, says Advertising Age, is a “canned response.”  Looks like the Rudd Center got it right.