by Marion Nestle

Search results: food policy action

Dec 26 2011

Lobbying in action: PepsiCo vs. kids’ marketing guidelines

Lobbyists are supposed to report what they do and how much money they spend doing it, but this information is not easily available to the public.

CBS News reports that PepsiCo spent $750,000 to lobby government last quarter.  This comes to roughly $3 million annually, a drop in PepsiCo’s annual $30.6 billion sales in the U.S.—$57.8 billion worldwide.

What is Pepsi lobbying about?  Open Secrets publishes the filing information on its website.

PepsiCo lobbied the House, Senate, Executive Office of the President, FTC, FDA, and USDA, focusing on these issues, among others:

  • Childhood Obesity (generally, no specific legislation)
  • Food and beverage labeling (generally, no specific legislation)
  • Marketing and advertising issues in response to Interagency Working Group on Food Marketed to Children (IWG) (see previous posts)
  • Restrictions on use of supplemental nutrition assistance program (no specific legislation)
  • Implementation of S. 3307-healthy, Hunger-Free Kids Act of 2010
  • Biofuels policy generally

I’m especially interested in lobbying against the IWG guidelines.  Pepsi, of course, was not alone in opposing them.  As I noted in a previous post, the the Sunlight Foundation reported on food companies lobbying against them.

Media companies also opposed the IWG guidelines, as shown by Viacom’s annual filing with the Security and Exchange Commission, a document forwarded to me by Jeffrey Chester of the Center for Digital Democracy:

…some U.S. policymakers have sought limitations on food and beverage marketing in media popular with children and teens. In April 2011, the Interagency Working Group on Food Marketed to Children (the “IWG”)…requested comment on proposed nutritional restrictions for food and beverage marketing directed to children and teens aged 17 years and under.

Although the guidelines are nominally voluntary, if implemented by food and beverage marketers, they could have a negative impact on our Media Networks advertising revenues, particularly for our networks with programming targeted to children and teens.

Congress asked the FTC to set up the Interagency Working Group to propose guidelines on marketing foods to kids.  Did it really think food companies would accept such guidelines, voluntarily at that?

As I keep pointing out, food companies have to market to kids to sell products and grow sales every quarter.

If they don’t sell products to kids in the U.S., they will intensify efforts to sell products to kids in developing countries, thereby outsourcing childhood obesity.

Surely it’s time for mandatory rules about marketing junk foods to kids?  If not now, how about soon?

Nov 3 2011

One potato, two potato: Undue industry influence in action

Yesterday’s New York Times’ report (in which I am quoted) reminds me that it’s time I commented on the astonishing dispute about potatoes in school meals.

On October 20, 2009, the Institute of Medicine (IOM) issued a report on nutrition standards for school meals.  It recommended that school meals be aligned with the Dietary Guidelines for Americans.  To do so, the IOM said USDA should

Adopt standards for menu planning that increase the amounts of fruits, vegetables and whole grains; increase the focus on reducing the amounts of saturated fat and sodium provided; and set a minimum and maximum level of calories.

To do that, the IOM said USDA should establish (1) weekly requirements for dark green and orange vegetables and legumes, and (2) limits—of one cup a week—on starchy vegetables such as white potatoes, corn, lima beans, and peas.

The IOM’s quite sensible rationale?  To encourage students to try new vegetables in place of the familiar starchy ones.

In January this year, the USDA proposed new nutrition standards for school meals based on the IOM report.  These included the IOM’s recommendation of no more than one cup a week of starchy vegetables.

Please note: the proposal does not call for elimination of starchy vegetables.  It calls for a limit of two servings a week (one cup is two servings).

What’s wrong with that?  Plenty, according to the potato industry, which stands to sell fewer products to the government and could not care less about spreading the wealth around to other vegetable producersPotato lobbyists went to work (apparently the sweet corn, lima bean, and pea industries do not have the money to pay for high-priced lobbying talent).  The Potato Council held a press conference hosted by Senators from potato-growing states.

The result?  The U.S. Senate added an amendment to the 2012 agriculture spending bill blocking the USDA from “setting any maximum limits on the serving of vegetables in school meal programs.”

Mind you, I like potatoes.  They are thoroughly delicious when cooked well, have supported entire civilizations, and certainly can contribute to healthful diets.  Two servings a week seems quite reasonable.  So does encouraging consumption of other vegetables as well.

But what’s at stake here goes way beyond the choice of one vegetable over another.

At issue is Senate micromanagement of nutrition standards under pressure from food industry lobbyists. 

  • Lobbyists have no business trying to influence nutrition standards.
  • The Senate has no business micromanaging nutrition standards.

This is one more—and a particularly egregious—example of undue industry influence on federal dietary guidance policy.  It is just plain wrong.

Oct 2 2011

What to do about food chemicals eaten in tiny amounts?

My once-a-month, first Sunday Food Matters column in the San Francisco Chronicle is about the difficulty of figuring out the health effects of food chemicals consumed in low doses.

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Taking steps on food chemicals

Editor’s note: Nutrition and public policy expert Marion Nestle answers readers’ questions in this monthly column written exclusively for The Chronicle. E-mail your questions to food@sfchronicle.com, with “Marion Nestle” in the subject line.

Q: I don’t understand why the FDA does not ban aspartame, food colors, BPA, pesticides and all those other nasty chemicals in food. I can’t believe they are good for us.

A: I can’t, either. But the Food and Drug Administration is required to make decisions on the basis of science, not beliefs.

You eat these chemicals in tiny amounts – parts per billion or trillion. Whether doses this low cause harm is hard to assess for two reasons: science and politics. Scientists cannot easily measure the health effects of exposure to low-dose chemicals. And the industries that make and use these chemicals don’t want to give them up.

Food chemicals elicit plenty of public dread and outrage. But are they harmful?

Controlled clinical trials at normal levels of intake would require vast numbers of subjects over decades. Nobody would fund them.

Instead, researchers use animals consuming much higher doses. I can remember how the diet soda industry ridiculed studies suggesting that saccharine caused bladder cancer in rats: the doses were equivalent to drinking 1,250 12-ounce diet sodas a day.

The difficulties of doing research on low-dose chemicals – and the food industry’s insistence that such doses are safe – explains the FDA’s reluctance to act.

Some examples illustrate the problem.

Aspartame

Some studies suggest that aspartame might cause cancer in rats when consumed at levels typical of diet soft drinks, as well as other problems. But researchers performing better controlled studies have given aspartame a clean bill of health.

Despite public concerns, the FDA’s assessment of the evidence “finds no reason to alter its previous conclusion that aspartame is safe as a general purpose sweetener in food.”

Food dyes

These have been considered a possible cause of hyperactivity in children since the 1970s. Some studies show improved behavior among children placed on additive-free diets. But behavior is difficult to judge objectively, and even controlled studies gave mixed results.

A recent study funded by the British Food Standards Agency is typical. It found most children to be unaffected by removing additives. But a small percentage seemed to get better.

The FDA can only conclude that there is not enough science to decide whether food dyes cause hyperactivity.

BPA (Bisphenol A)

BPA is a component of hard plastic used to make baby bottles and food and beverage cans. It is also an endocrine disrupter. Last year, the FDA concluded that BPA is safe at current exposure levels.

At the same time, the FDA advised children and pregnant women to reduce exposure to BPA. It advised the infant formula and soda industries to find ways to replace it.

The California Legislature has passed AB1319 banning BPA from baby bottles and sippy cups; it’s awaiting Gov. Jerry Brown’s signature.

Recent studies raise concerns about BPA’s effects on the brain and behavior of fetuses, infants and young children, and on cancer, obesity and infertility in adults. Some studies suggest that exposure to BPA is higher than previously estimated. Just last week, the Breast Cancer Fund released a study finding BPA in canned foods designed for children.

Studies by university scientists tend to find harm from BPA at low doses, whereas those by government regulatory agencies and the food industry do not. In the absence of compelling science, regulators have two choices: exercise the “precautionary principle” and ban the chemical until it can be proven safe, or approve it until it can be shown to be harmful.

The United States and European safety agencies – and the food industry, of course – prefer the latter approach.

Pesticides

Research clearly demonstrates that pesticides harm farmworkers exposed to high doses. But recent studies report slightly lower IQ levels in children born to urban women with higher blood levels of pesticides. Although these studies did not control for socioeconomic and other variables that might influence IQ, they raise the possibility that even low levels might be harmful.

What to do?

While waiting for the science to evolve, you can take both personal and political action.

You don’t want potentially harmful chemicals in your foods? Read labels and don’t buy foods with artificial sweeteners or food colors. Kids don’t need them anyway.

Consumer action has already induced baby bottle makers to get rid of BPA. This strategy can work for food colors, too.

Don’t stop eating fruits and vegetables. Their known health benefits greatly outweigh the potential harm of pesticides. Don’t stop eating them.

Buy organic. Pesticides, invisible and unlabeled as they are, constitute a good reason to do so.

Get political. Let your congressional representatives know that more research is needed, but you don’t want to wait for it. You want industry to find healthier alternatives.

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Marion Nestle is the author of “Food Politics” and “What to Eat,” among other books, and is a professor in the nutrition, food studies and public health department at New York University. E-mail comments to food@sfchronicle.com.

This article appeared on page G – 10 of the San Francisco Chronicle

 

Sep 19 2011

United Nations to consider the effects of food marketing on chronic disease

In what Bloomberg News terms an “epidemic battle,” food companies are doing everything they can to prevent the United Nations from issuing a statement that says anything about how food marketing promotes obesity and related chronic diseases.

The U.N. General Assembly meets in New York on September 19 and 20 to develop a global response to the obesity-related increase in non-communicable, chronic diseases (cancer, cardiovascular disease, respiratory disease, type 2 diabetes) now experienced by both rich and poor countries throughout the world.

As the Bloomberg account explains,

Company officials join political leaders and health groups to come up with a plan to reverse the rising tide of non- communicable diseases….On the table are proposals to fight obesity, cut tobacco and alcohol use and expand access to lifesaving drugs in an effort to tackle unhealthy diets and lifestyles that drive three of every five deaths worldwide. At stake for the makers of snacks, drinks, cigarettes and drugs is a market with combined sales of more than $2 trillion worldwide last year.

Commenting on the collaboration of food companies in this effort:

“It’s kind of like letting Dracula advise on blood bank security,” said Jorge Alday, associate director of policy with World Lung Foundation, which lobbies for tobacco control.

The lobbying, to understate the matter, is intense.  On one side are food corporations with a heavy financial stake in selling products in developing countries.  Derek Yach, for example, a senior executive of PepsiCo, argues in the British Medical Journal that it’s too simplistic to recommend nutritional changes to reduce chronic disease risk.  [Of course it is, but surely cutting down on fast food, junk food, and sodas ought to be a good first step?]

On the other side are public health advocates concerned about conflicts of interest in the World Health Organization.  So is the United Nations’ special rapporteur for  the right to food, Olivier De Schutter.  Mr. De Schutter writes that the “chance to crack down on bad diets must not be missed.”

On the basis of several investigative visits to developing countries,  De Schutter calls for “the adoption of a host of initiatives, such as taxing unhealthy products and regulating harmful food marketing practices…Voluntary guidelines are not enough. World leaders must not bow to industry pressure.”

If we are serious about tackling the rise of cancer and heart disease, we need to make ambitious, binding commitments to tackle one of the root causes – the food that we eat.

The World Health Organization’s (WHO) 2004 Global Strategy on Diet, Physical Activity and Health must be translated into concrete action: it is unacceptable that when lives are at stake, we go no further than soft, promotional measures that ultimately rely on consumer choice, without addressing the supply side of the food chain.

It is crucial for world leaders to counter food industry efforts to sell unbalanced processed products and ready-to-serve meals too rich in trans fats and saturated fats, salt and sugars. Food advertising is proven to have a strong impact on children, and must be strictly regulated in order to avoid the development of bad eating habits early in life.

A comprehensive strategy on combating bad diets should also address the farm policies which make some types of food more available than others…Currently, agricultural policies encourage the production of grains, rich in carbohydrates but relatively poor in micronutrients, at the expense of the production of fruits and vegetables.

We need to question how subsidies are targeted and improve access to markets for the most nutritious foods.…The public health consequences are dramatic, and they affect disproportionately those with the lowest incomes.

In 2004, the U.N. caved in to pressures from food companies and weakened its guidelines and recommendations.  The health situation is worse now and affects people in developing as well as industrialized countries.  Let’s hope the General Assembly puts health above politics this time.

 

Sep 17 2011

Public relations in action: the food dialogues

Like many food advocates I know, I’ve been invited to participate in a “food dialogue” (I couldn’t because of previous commitments):

Americans have a lot of questions about how our food is raised. What is the impact on our health and the health of the planet? It seems there are more questions than answers. Join us on September 22 for The Food Dialogues — a new effort to bring together different viewpoints on agriculture.

We are inviting leaders in food, cooking, media and policy, farmers of all types and business leaders to be part of the discussion. Four panels in key locations around the country will discuss Americans’ biggest questions about farming and ranching from the cost of food to the environmental impact. Join us live or virtually.

The invitation comes from the U.S. Farmers & Ranchers Alliance (USFRA).  This is

a newly formed alliance currently representing more than 50 of the top farmer- and rancher-led organizations and agricultural partners. We are committed to working together to continuously improve how we raise food that provides healthy choices for people everywhere. We are an industry that has always looked at how to do things better, including how we listen to and answer Americans’ questions.

What is this all about?

I am grateful to Nancy Huehnergarth of the New York State Healthy Eating and Physical Activity Alliance for her explanation, “Let the Big Ag reframing begin.”  She points out that this is a professional marketing campaign Zocaló Group (Ketchum Public Relations) and that

any alliance that starts out with a $30 million budget means business and will be a force to be reckoned with. The USFRA’s goal, obviously, is to begin to reframe the debate about food production and agriculture in this country — a debate that up until now has been dominated by food and agricultural reformers.

Pay close attention to what this group says to divert attention from what Nancy summarizes as the “deplorable conditions, unnecessary subsidies and unsafe/unhealthy practices that have, sadly, become mainstream in our food and agricultural system.”

Update September 18: Here is SourceWatch.com’s take on USFRA.

Sep 6 2011

The food industry vs. nutrition standards: a First Amendment issue?

I just received a message from Samantha Graff, the director of legal research at Public Health Law & Policy, an advocacy group in Oakland, California.

This morning, she writes, 36 legal scholars—including several experts on the First Amendment—weighed in on the food industry’s fight against proposed nutrition standards for foods and beverages marketed directly to children.  This is the very issue I wrote about in yesterday’s San Francisco Chronicle column and have discussed in previous posts.

In a letter sent this morning to federal agencies, the legal scholars point out that because food and beverage companies are free to ignore the nutrition recommendations, the draft principles “do not restrain or compel anyone’s speech. They are not, in fact, government regulations at all.”

A key industry strategy has been to recruit lawyers to write white papers charging that the proposed nutrition standards violate First Amendment rights to free speech.

Recall that Congress asked the FTC to join with the FDA, CDC, and USDA to recommend standards for food products marketed to kids.  These agencies, collectively known as the Interagency Working Group on Food Marketed to Children (IWG), issued Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts.   This report outlines proposed voluntary standards that have been open for public comment.

My initial reaction: the standards were much too generous.  But that’s not how the food industry sees them.  Food companies realized that the standards exclude large proportions of the junk foods they currently market to kids.

They created a new lobbying group, “Sensible Food Policy Coalition” (shades of George Orwell’s 1984).   This group is doing everything it can to block the proposed standards.   Its website links to white papers opposing the recommendations on First Amendment grounds.

David Vladeck, director of the FTC’s Bureau of Consumer Protection, responded to some of these claims in a recent blog post, in which he emphasizes the voluntary nature of the proposals.

I’ve said it before and repeat: I am not a legal scholar but intention seems to matter in legal decisions.  The intent of the First Amendment was to protect political and religious speech. I cannot believe that the intent of the First Amendment was to protect the right of food companies to market junk foods to kids.

Marketing to children is unethical.  It should be stopped.  And it’s the government’s responsibility to do it.

Jul 14 2011

Last chance to comment on proposed kids’ food marketing standards

Today is the last day to comment on the federal Interagency Working Group’s (IWG) proposed nutrition standards for marketing food products to kids.  The IWG is a joint project of four federal agencies with at least some responsibility for public health: FTC, FDA, USDA, and CDC.

As I discussed back in April, I thought the IWG standards were generous and gave food companies plenty of room to market junk foods with impunity.  Maybe, but that’s not how food companies see it.  They think it will cause so much havoc with their marketing that they are fighting back, big time.

Large food companies joined together to create the “Sensible Food Policy Coalition.”  This entity paid for an economic assessment.  On July 8, the Coalition released Global Insight’s report of this assessment—a call to arms arguing that the “administration’s misguided ad restrictions would cost 74,000 American jobs.”

The report’s point is that restricting advertising would have unintended economic consequences, particularly losses in sales and revenues, and therefore jobs.  The report estimates an astonishing loss of $28.3 billion from manufacturing and retail sales, just in the first year, translating to “at least 74,000 lost jobs.”

This makes me think that the standards may have some merit.  Campbell Soup, for example, has just announced that because its low-salt soups aren’t selling, they are putting the salt back in.  Oh.

In any case, industry pushback seems to be having an effect.  As I discussed in my post a week or so ago, David Vladeck of the FTC used his blog to discuss industry mythology about the proposed standards.  I thought his statement backpedaled on even a hint of federal regulation of food marketing to kids.

MYTH #2: The Working Group’s proposal is regulation by the back door

….This is a report to Congress, not a rulemaking proceeding, so there’s no proposed government regulation. In fact, the FTC Act explicitly forbids the Commission from issuing a rule restricting food advertising to children. So the FTC couldn’t issue a rule on this subject if it wanted to, which it doesn’t. Simply put, a report like this can’t be a rule — whether it’s delivered to Congress by the front door, the back door, or the kitchen door.

The IWG is collecting comments on its proposals through close of business today.  If you need a rationale for filing a comment, read Larry Cohen’s piece in the Huffington Post.

Comments don’t have to be long or complicated.  Just say what you think.

Go to this site to file them.

Or go to the PreventObesity site for additional suggestions.

Do this today!

 

 

 

Jul 5 2011

Resources for advocacy: school food and ag policy

My San Francisco Chronicle column on food advocacy includes a severely edited list of organizations working on food issues, particularly school food and the farm bill.   I thought the entire list might be useful.

Note that information about how to contact government officials appears at the end.

I consider this list preliminary.  Please use the Comments to add to it.  And pass it along, use, and enjoy!

Organization Advocacy resources
General
Edible Communities ~60 Edible magazines throughout U.S.  Useful for identifying local food resources
Center for Science in the Public Interest (CSPI) Advocacy and lobbying for a broad range of food and nutrition issues, school food among them.
Slow Food USA Promotes policies favoring slow, as opposed to fast, food
Strategic Alliance for Healthy Food and Activity Environments Promotes policies to improve corporate and government practices that affect food and activity environments in California
Community Food Security Coalition More than 300 organizations working to build sustainable, self-reliant, local and regional food systems, and promote a healthier farm bill.
School Food
Background legislation 

 

 

The Healthy, Hunger-free Kids Act of 2010 

Proposed nutrition standards for school meals

USDA programs Team Nutrition: supports child nutrition programs through training 

Chefs Move to Schools: partners chefs with schools

Public Health Advocacy Institute Promotes use of the legal system to improve school food
National Alliance for Nutrition and Activity (NANA) Lobbies for federal policies and programs to improve school food and activity environments (a project of CSPI)
Public Health Law & Policy  

 

Offers a policy package with goals and actions for school wellness policies, and a fact sheet on the schools section of its website
National Farm to School Network Promotes connecting farm produce to schools
California ProjectLEAN (Leaders Encouraging Activity and Nutrition) Helps develop school wellness policies and healthier food and activity environments (a joint project of the California Department of Public Health and the Public Health Institute)
CANFIT (Communities, Adolescents, Nutrition, Fitness) Community-based initiatives to improve diet and fitness among low-income, minority adolescents
Center For Ecoliteracy Rethinking School Lunch Guide shows how to incorporate ecological understanding into school meals
School Food Focus Focus: Food Options for Children in Urban Areas
One Tray More direct connection between local farms and school meal programs
Better School Food Community-based connection of school food to health
Cook For America Culinary training to support healthy school lunches cooked from scratch
The Lunch Box Online toolkit with information about healthy lunch options
Let’s Move Salad Bars to School Supports salad bars in schools
Project Lunch Improves Marin County school lunch program
Nourish Life Food and sustainability in schools and communities
PEACHSF How-to guides and resources
Farm Bill
Institute for Agriculture and Trade Policy Public policies for food and farming 

 

Food and Water Watch Bring agricultural policy in line with health and environmental policy
National Sustainable Agriculture Coalition Promotes healthier and more sustainable systems for small- and medium-size farms, farming opportunities, fair competition
Organic Trade Association (OTA) Supports organic food production, large and small
Food Research and Action Center (FRAC) Protect and expand food assistance programs 

 

Environmental Working Group Exposes inequities in food subsidies; provides data on who gets what
PolicyLink Working to get Healthy Food Financing Initiative into the Farm Bill

 

How to contact federal and state government officials

The White House: http://www.whitehouse.gov/contact

Members of Congress http://www.congress.org/congressorg/directory/congdir.tt

State officials: http://www.congress.org/legislative_protocol

Local media: http://www.congress.org/congressorg/dbq/media/

 

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