Search results: Cereal

FoodNavigator-USA has collected its recent articles on food industry lawsuits.  As it puts it,

There have been hundreds of class action lawsuits directed against food and beverage companies in the past five years, spanning everything from added sugar, ‘natural’ and ‘healthy’ claims, to glyphosate residues, and alkaline water claims. We take a look at some high profile cases, some emerging hot topics from Non GMO claims to a new wave of kombucha lawsuits, and what’s coming up from the FDA, from plant-based ‘milk’ labeling guidance to a fresh look at ‘healthy’ and ‘natural’ labeling.

I’ve organized these into categories.

GMOs

• And now the food lawsuits… General Mills sued over glyphosate residue post Monsanto $289m verdict: Monsanto has just been ordered to pay $289m in damages to a man who alleged its glyphosate-based herbicide caused his cancer (a ruling it is appealing). But what, if anything, does this verdict mean for food companies manufacturing products containing trace levels of glyphosate?.. Read
• Nestlé USA lawsuit highlights confusion over Non-GMO claims, say attorneys: A lawsuit alleging that Nestlé USA is misleading shoppers with its ‘No GMO Ingredients’ seal is unlikely to make much progress, predict legal experts, but it does highlight the confusion surrounding Non-GMO claims given that the standards underpinning them can differ from one product to another… Read
• The Non-GMO Project may emerge as the big winner from federal GMO labeling legislation: The Non-GMO Project will “only become more relevant” as mandatory GMO labeling kicks in, in part because its scope could be so narrow that consumers will not simply be able to assume that anything without a bioengineered label is automatically Non-GMO, says executive director Megan Westgate… Read

Warnings about chemicals in foods

• ‘Significant increase’ in Prop 65 notices over lead, acrylamide, and cadmium in 2017/18, says Perkins Coie: There has been a significant increase in food and beverage Prop 65 actions in the past five years, with particularly strong growth in notices relating to lead, acrylamide and cadmium, according to new data compiled by attorneys at Perkins Coie… Read
• Amended Prop 65 regulations likely to prompt a significant uptick in litigation, predict attorneys: Amendments to Prop 65 – which requires firms selling products in California to provide warnings if their products expose consumers to 900+ chemicals linked to cancer or reproductive toxicity – will likely trigger a sharp rise in litigation as manufacturers struggle to get to grips with the new rules, predict attorneys… Read

Compliance with labeling and health claims requirements

• RXBAR sued over minimalist labels, ingredients declaration; but case is a stretch, say legal experts: ‘We tell you what’s on the inside on the outside’ protein bar brand RXBAR has been hit with a proposed class action lawsuit* by the same law firms challenging the minimalist ingredients declarations of fellow bar brand That’s It.**.. Read
• Halo Top routinely under-fills its pints, alleges lawsuit, ‘dramatically so, at times…’: A month after being hit with a lawsuit alleging it made false and misleading representations about its light ice cream, Halo Top has been targeted again, this time with a proposed class action alleging it routinely under-fills its pints, “and has been doing this for years.”.. Read
• ‘No reliable scientific evidence’ supports Trader Joe’s alkaline water claims, alleges lawsuit: “There is no greater benefit to ingesting Trader Joe’s alkaline water than ingesting an equivalent bottled water or tap water,” argues a lawsuit alleging Trader Joe’s is duping shoppers into paying over the odds for the water, although legal experts predict that proving Trader Joe’s is making false implied health benefit claims will be “close to impossible.”.. Read
• Plant-based ‘milk’ row heats up as FDA commissioner says ‘public health concerns’ inform the agency’s renewed interest in dairy standards of identity: The war of words over labeling conventions for plant-based ‘milk’ intensified this week as FDA commissioner Dr Scott Gottlieb indicated that a “a new compliance policy” may be on the cards as the agency hosted a public meeting on its nutrition innovation strategy… Read
• Do consumers expect kombucha to contain live organisms? Court gives green light to lawsuit: Do consumers expect products labeled as ‘kombucha’ to contain live organisms, even if they don’t make any claims to this effect? Maybe, according to a court filing in a case that could have broader ramifications for the burgeoning category going forward, say attorneys… Read
• How much sugar do consumers expect in a ‘lightly sweetened’ cereal? Judge certifies classes in Kellogg added sugar case:  If up to 40% of the calories in breakfast cereals are from added sugar, and brands describe them as ‘lightly sweetened,’ are they misleading shoppers? Perhaps, says a federal judge who has just certified three classes of consumers in a false advertising lawsuit vs Kellogg, which is now heading into mediation… Read
• Tofurky CEO: It’s not the role of lawmakers to choose winners or losers in any given industry: As long as protein products are safe and shoppers are not being misled, it’s not the role of lawmakers to write new labeling laws favoring one production method over another, says the CEO of plant-based meat brand Tofurky, which is challenging a Missouri law* limiting the term ‘meat’ to slaughtered livestock or poultry… Read
• Clif Bar fires back at ‘absurd’ lawsuit: Consumers expect energy bars to contain sugar: Clif Bar has hit back at allegations made in a recent lawsuit* that it is duping consumers by presenting bars that are “loaded with sugar” as wholesome and nutritious, and urged the judge to toss the “absurd” and “implausible” case… Read

And here’s a more recent one from CBS News:

• LaCroix ingredients: Lawsuit alleges “all natural” claim is false: LaCroix sparkling water is facing a lawsuit alleging its claims of “all natural” and “100 percent natural” are misleading because…”Testing reveals that LaCroix contains a number of artificial ingredients, including linalool, which is used in cockroach insecticide.”

And here’s one more from CSPI (an October 24 addition):

• CSPI sues Jamba Juice: its juices, CSPI charges, are made from cheap concentrates as well as fresh fruit.

Addition, December 11

• Article about the five most active lawsuits

I wrote about the recall of Honey Smacks cereals last June when its Salmonella outbreak was just past its peak, but a post from food-safety lawyer Bill Marler made me think this outbreak is worth another look.

The CDC says the Honey Smacks outbreak is over now.  But it also says you should still be careful not to eat Honey Smacks with a “best if used by” date of June 14, 2019 or earlier (the packages I saw on the shelf at the Ithaca Wegmans were dated May 19, 2019—oops).

Marler got my attention by pointing out what the FDA found in its June 2018 investigation and reported in its warning letter to Kerry, Inc, the manufacturer of this Kellogg’s cereal.

Between September 29, 2016 and May 16, 2018, you repeatedly found Salmonella throughout your facility, including in cereal production rooms. During this time period, you had 81 positive Salmonella environmental samples and 32 positive Salmonella vector samples (samples taken in response to finding a positive on routine testing)…Further, you had repeated findings of other Salmonella species in some production lines and rooms used for the manufacture of cereal.

What?  Over a period of a year and a half, the manufacturer’s testing identified 113 samples positive for Salmonella—and did little or nothing to prevent Salmonella from getting into the cereal?

The damage was hardly trivial.The Food Safety and Modernization Act set rules governing the safe production of foods.  Clearly, some companies, this one apparently, did not bother to follow them.

This, then, is a matter of inadequate enforcement.

Do food companies need to be forced to follow standard food safety procedures?  Apparently so if public health is to be protected.

The Environmental Working Group recently released a report on the amounts of glyphosate (Roundup) in children’s breakfast cereals, particularly those made with oats and wheat.

Roundup, you may recall, has been judged a probable carcinogen by the International Agency on Research on Cancer (IARC) and California courts.  It is used to kill weeds in fields growing crops genetically modified to resist Roundup.

But oats and wheat grown in the U.S. are not genetically modified.  The FDA’s list of genetically modified foods says nothing about oats and wheat, and the agency does not permit GMO versions to be marketed.

How could Cheerios and Quaker Oats be contaminated with glyphosate at amounts that exceed standards?

The explanation:

Increasingly, glyphosate is also sprayed just before harvest on wheat, barley, oats and beans that are not genetically engineered. Glyphosate kills the crop, drying it out so that it can be harvested sooner than if the plant were allowed to die naturally.

Really?  They spray glyphosate on oats just before harvest?  Yes, they do.

What this means is that more glyphosate gets into your food from the non-GMO wheat and oats sprayed just before harvest, then from GMO corn and soybeans sprayed earlier in their growth.

Whether eating glyphosate is bad for you or your kids is a matter of fierce debate.  As the New York Times explains, the safety of glyphosate is very much at issue:

In fact, it is central to a raging international debate about the chemical that has spawned thousands of lawsuits, allegations of faulty research supporting and opposing the chemical and a vigorous defense of the herbicide from Monsanto, the company that helped develop it 40 years ago and helped turn it into the most popular weedkiller in the world.

Scott Partridge, a vice president at Monsanto, said in an interview on Wednesday that hundreds of studies had validated the safety of glyphosate and that it doesn’t cause cancer. He called the Environmental Working Group an activist group.

“They have an agenda,” he said. “They are fear mongering. They distort science.”

The EWG states its advocacy position on its website:

The Environmental Working Group’s mission is to empower people to live healthier lives in a healthier environment. With breakthrough research and education, we drive consumer choice and civic action. We are a non-profit, non-partisan organization dedicated to protecting human health and the environment.

I do not view this report as distorting science.  If anything, it provides data that the industry is not collecting or does not want released.  This information is useful for making decisions about what to eat.

You don’t want your kids eating glyphosate while scientists are still in disagreement about the extent of its harm to human health?

• Vote with your fork: Buy organic cereals; they have far less or no detectable glyphosate.
• Vote with your vote: Call for policies to get these practices stopped.

Or you can consider a third option now in play: file a lawsuit.

In a most unusual action, the New England Journal of Medicine has retracted a 2013 study of Mediterranean diets and published a new version of it at the same time.

The studies asked participants to consume one of three diets: (1) a Mediterranean diet supplemented with extra-virgin olive oil, (2) a Mediterranean diet supplemented with mixed nuts, and (3) a control diet with advice to reduce dietary fat.

The authors describe Mediterranean diets as containing a

high intake of olive oil, fruit, nuts, vegetables, and cereals; a moderate intake of fish and poultry; a low intake of dairy products, red meat, processed meats, and sweets; and wine in moderation, consumed with meals.

The conclusion of the original, widely publicized, but now retracted study:

In this study involving persons at high cardiovascular risk, the incidence of major cardiovascular events was lower among those assigned to a Mediterranean diet supplemented with extra-virgin olive oil or nuts than among those assigned to a reduced-fat diet.

The conclusion of the newly analyzed version:

In this study involving persons at high cardiovascular risk, the incidence of major cardiovascular events was lower among those assigned to a Mediterranean diet supplemented with extra-virgin olive oil or nuts than among those assigned to a reduced-fat diet.

Looks the same, no?

The most thorough analysis of the study that I have seen comes from Hilda Bastian at PLoS Blogs.

Even for the full group, there was no statistically significant difference on myocardial infarction or CVD mortality – just for stroke. And in the supplementary information, there wasn’t a difference in the Kaplan Meier analysis for stroke either.

What are we to make of all this?

Diet trials are notoriously difficult to conduct and interpret and the Mediterranean diet—largely vegetarian with olive oil as the principal fat—was associated with great health and longevity based on studies of people who lived on the island of Crete immediately after the Second World War; they did not have much food to eat and were highly physically active.

And then there’s the matter of who paid for the study.  The retracted study and its revision were funded independently.  But a study published on June 13 concludes:

Adults who are overweight or moderately obese may improve multiple cardiometabolic disease risk factors by adopting a Mediterranean-style eating pattern with or without reductions in red meat intake when red meats are lean and unprocessed.

The funder?  The Beef Checkoff and the National Pork Board.

Overall, the 2015-2020 Dietary Guidelines for Americans recommends Mediterranean dietary patterns for their health benefits, defines what goes into them in Table 1.2 (p. 35), and provides more details in Appendix 4 (starting on p. 83).

Mediterranean diets are delicious.  While the scientists are arguing about exactly how healthy they might be, enjoy!

Journalist/author Carey Gillam of US Right to Know has an article in The Guardian about glyphosate (Roundup) in food based on emails obtained in a lawsuit.

The emails concern FDA’s testing of food samples for residues of glyphosate, the herbicide widely used with genetically modified crops.  The agency has not yet released the test results.

But the emails contain some interesting information.  For example, FDA chemist Richard Thompson writes that he had to use broccoli to establish testing standards.

I used broccoli because it’s the only thing I have on hand that does not have glyphosate in it. I have brought wheat crackers, granola cereal, and corn meal from home and there’s a fair amount in all of them.

How much?  We won’t know until the FDA releases the data.

Glyphosate is widely used for growing GMO corn, soybeans, sugar beets, and other ingredients of highly processed foods.  It is not surprising that residues remain in products made from GMO ingredients.

Should we be concerned?

One agency, IARC, judges glyphosate as a probable carcinogen, but industry scientists strongly dispute this decision and are fighting it in court.

We need better data for sure, but in the meantime it is hard to believe that glyphsate residues are good for us.

These findings are another reason to avoid ultraprocessed foods and eat your veggies.

I haven’t posted an industry-funded study with predictable results in a while but when I saw this headline from FoodNavigator-Asia, I couldn’t resist.

The headline: “The most important meal of the day: Daily breakfast may lower obesity risk in schoolchildren — Nestlé study.”

High marks to FoodNavigator-Asia for naming the funder in the headline.

Its article referred to this study:

Breakfast consumption among Malaysian primary and secondary school children and relationship with body weight status – Findings from the MyBreakfast Study, by E Siong Tee, Abdul Razak Nurliyana,  A Karim Norimah, Hamid Jan B Jan Mohamed , Sue Yee Tan, Mahenderan Appukutty, Sinead Hopkins, Frank Thielecke, Moi Kim Ong, Celia Ning, Mohd Taib Mohd Nasir.  Asia Pacific Journal of Clinical Nutrition 2018;27(2):421 – 432.

Purpose: To determine the relationship between breakfast consumption and body weight status among primary and secondary school children in Malaysia among 5,332 primary school children aged 6 to 12 years and 3,000 secondary school children aged 13 to 17 years.

Results: “The proportion of overweight/obesity was higher among breakfast skippers (boys: 43.9%, girls: 30.5%) than regular breakfast eaters (boys: 31.2%, girls: 22.7%)…. Compared to regular breakfast eaters, primary school boys who skipped breakfast were 1.71 times (95% CI=1.26-2.32, p=0.001) more likely to be overweight/obese, while the risk was lower in primary school girls (OR=1.36, 95% CI=1.02-1.81, p=0.039) and secondary school girls (OR=1.38, 95% CI=1.01-1.90, p=0.044).”

Conclusion: “Regular breakfast consumption was associated with a healthier body weight status and is a dietary behaviour which should be encouraged.”

Author disclosures: “This study was funded by Cereal Partners Worldwide (CPW), Lausanne, Switzerland and Nestlé R&D Center, Singapore. Sinead Hopkins and Frank Thielecke were working for CPW, Lausanne, Switzerland, and Moi Kim Ong and Celia Ning were working for Nestlé R&D Center, Singapore, when the study was conducted. All authors declare that they have no conflicts of interests.”

I was particularly interested in this study for several reasons:

• Cereal Partners Worldwide is a joint venture between Nestlé and General Mills.  They have an interest in promoting breakfast cereals.
• Nevertheless, the authors who work for CPW or Nestlé believe that their employment with companies with vested interests in the outcome of research creates no conflict of interest.
• Breakfast, as Julia Belluz of Vox puts it, is often dessert in disguise.
• This particular study was performed by some of the same investigators discussed in the New York Times as part of its Planet Fat series.  See: Fuller T, O’Connor A, Richtel M.  In Asia’s fattest country, nutritionists take money from food giants.  NY Times, Dec 23, 2017.

No, I do not believe that breakfast is the most important meal of the day (I’m not much of a breakfast eater).  Eat when you feel hungry.

It does make sense to think that children should be fed at regular intervals and should not go to school hungry.  It also makes sense that regular meals encourage healthier patterns.  But preventing obesity?  That seems like a stretch, especially when the study’s funders have a financial interest in selling breakfast cereals.

I vote for smokescreen.

Let’s take this one step at a time, starting with the FY 2019 Budget announced last week.  In this administration’s usual Orwell-speak:

The Budget proposes a bold new approach to administering the Supplemental Nutrition Assistance Program (SNAP) that combines traditional SNAP benefits with 100-percent American grown foods provided directly to households and focuses administrative reforms on outcome-based employment strategies. The Budget expands on previous SNAP proposals to strengthen expec­tations for work among able-bodied adults, pre­serves benefits for those most in need….

Translation: work requirements and budget cuts.  These are emphasized in the FY 2019 Budget Addendum.  This proposes a $17 billion cut in funding ($213 billion over the next decade).  In more Orwell-speak, it is

designed to improve nutrition and target benefits to those who need them while ensuring careful stewardship of taxpayers’ money. This  suite of proposals includes a new approach to nutrition assistance that combines retail-based SNAP benefits with a package of nutritious, 100 percent American-grown food. The Budget also encourages States to innovate in helping participants move to self-sufficiency and improving employment outcomes.

This language comes directly from USDA Secretary Sonny Perdue’s Big Idea: America’s Harvest Box, specified as containing:

Shelf-stable milk, juice, grains, ready-eat-cereals, pasta, peanut butter, beans, canned meat, poultry or fish, and canned fruits and vegetables.

The box would account for roughly half the benefits; the other half would come from using EBT cards, as in the past.

What got all the attention was a statement from White House OMB Director Mick Mulvaney, as reported in the Washington Post:

What we do is propose that for folks who are on food stamps, part — not all, part — of their benefits come in the actual sort of, and I don’t want to steal somebody’s copyright, but a Blue Apron-type program where you actually receive the food instead of receive the cash,” Mulvaney said. “It lowers the cost to us because we can buy [at wholesale prices] whereas they have to buy it at retail. It also makes sure they’re getting nutritious food. So we’re pretty excited about that.

Blue Apron, in case you haven’t been keeping up with this, is a meal-delivery service that has had some fiscal problems lately.

The budget plan includes some “add-back” requests for additional funds for special purposes.  One such request is for $30 million to test whether the Harvest Box plan works.

Under this proposal grants would be made to a small number of states to design, implement, and evaluate the provision of a package of USDA Foods in combination with the traditional Supplemental Nutrition Assistance Program (SNAP, formerly Food Stamps) electronic benefits used at approved retailers. This supports early implementation and evaluation of the related 2019 Budget proposal, which calls for this program structure nationwide and is estimated to save over $12 billion in 2019, and $129 billion over ten years. These grants would provide important policy and administrative lessons to inform efficient and effective nationwide implementation.

What are we to make of all this?  My favorite reaction comes from Politico: “Trump’s Food Stamp Idea Is Like Blue Apron Had a Socialist Hangover.”

It is hardly pro-market to displace the private sector and build a parallel, state-run distribution system, no matter how many times you name-check Blue Apron. This is the sort of thing you find in countries still recovering from socialist hangovers…No, the “Harvest Box” approach to hunger policy makes sense only in the context of hunger politics. And hunger politics have always been as much about the welfare of agribusiness as about the welfare of the poor…. It is generally more expensive than either buying food locally and distributing it or simply giving the recipients cash or vouchers to purchase their own food. Rigorous experimental testing has shown that it does not even produce systematically better nutritional outcomes than giving out money.

I particularly enjoyed Andy Fisher’s comments.  Fisher is author of Big Hunger: The Unholy Alliance between Corporate America and Anti-Hunger Groups (see my Weekend Reading post on this book).  “Comrade Trump, he says, might just be on to something.”  SNAP, he points out,

is an accomplice to our need for cheap food with the accompanying externalities caused to public health. It reinforces the ills of the marketplace rather than seeks to transform them.”

His suggestion?  Nationalize the grocery industry.

The NY Times pointed out that even Trump administration officials don’t think this is a serious proposal:

administration officials on Tuesday admitted that the food-box plan…had virtually no chance of being implemented anytime soon.  Instead, the idea…was a political gambit by fiscal hawks in the administration aimed at outraging liberals and stirring up members of the president’s own party working on the latest version of the farm bill.  The move, they said, was intended to lay down a marker that the administration is serious about pressing for about $85 billion in other cuts to food assistance programs that will be achieved, in part, by imposing strict new work requirements on recipients.

Let’s be clear what this about: Cuts to SNAP.  As the Center for Budget and Policy Priorities analyzes the situation, the plan intends to cut SNAP benefits as well as:

• Expand government bureaucracy
• Shift costs to states and nonprofits
• Increase costs for participants
• Restrict access to fresh fruits and vegetables
• Increase stigma for low-income households
• Negatively impact retailers

Let me add a couple of other points:

• If you want to help the poor and save money, use cash transfers.  These demonstrably work better.
• If you want food boxes to improve nutritional status, go to the WIC model and include some fresh foods.

The bottom line:  pay attention to the budget cuts.

A colleague in France, Serge Hercberg, a nutrition professor at the University of Paris writes to say that the French government’s decision on October 31 to support voluntary adoption of a “Nutri-Score” front-of-package label is now under attack by the food industry.

Nutri-Score looks like this (A is nutritious, lower grades less so):

The food industry wants something like this (of course it does, nobody can possibly understand it):

My colleague writes:

However,a powerful trade group, which includes major manufacturers of breakfast cereals, candies and cookies, is encouraging its members to instead select another type of nutrition al label. The trade group’s position is aligned with that of six food conglomerates – Mars, Mondelez, Nestlé, Coca-Cola, Unilever et PepsiCo (known as the “Big 6”) – who announced in March that they intended to develop an alternative system for the European Union.

With his nutritionist colleague, Chantal Julia, he describes in The Conversation what this fight is about.  I particularly like their example of how the two schemes help (or do not help) consumers choose between a yogurt and a fruit puree.

The Conversation article also comes in a French version.