by Marion Nestle

Search results: food policy action

Jul 3 2011

Food Matters: How to shape policy: Advocate! Vote!

My monthly (first Sunday) Food Matters column in the San Francisco Chronicle is about how you as an individual can influence food policy:

Q: I know you say “vote with your fork,” and I do, as often as possible, but it seems so small a gesture. In what other ways can we, as consumers, speak out or act to change our food system?

A: Vote with your fork and vote with your vote. Today’s food movement gives you plenty of opportunity to do both.

Voting with your fork means buying and eating according to what you believe is right, at least to the extent you can.

When you vote this way, you support farmers, processors, retailers and restaurant chefs who are working to create a food system that is healthier all around – for the public, farmworkers, farm animals and the planet.

You set an example. You help make it socially acceptable to care about food issues. You make it easier for others to shop at farmers’ markets, join CSAs, grow food at home, stop buying junk food and teach kids to cook.

Part of taking personal responsibility for food choices also means taking social responsibility. When you act, you make it easier for everyone else to do what you do. And yes, one person makes a difference.

My favorite current example is the work of an NYU graduate student, Daniel Bowman Simon, who researches – and advocates for – public policies to promote growing vegetables.

By chance, a food stamp (SNAP) recipient told him that she used the funds to buy plants and seeds to grow her own food. Could this be possible?

Simon found the 1973 food stamp legislation and read the fine print. There it was. He joined others and formed a group to publicize this benefit (see www.snapgardens.org).

Today, SNAP recipients throughout the country are encouraged to grow food – not bad for what one person can do.

I particularly like school food as a starter issue for advocacy. Improving school food is nothing less than grassroots democracy in action.

Schools matter because kids are in them all day long and they set a lifetime example. If you have children in school, take a look at what they are eating. Could the food use an upgrade? Start organizing.

All schools are supposed to have wellness policies. Find out what they are and talk to the principal, teachers and parents about how to improve access to healthier food and more physical activity.

Another well-kept secret: The U.S. Department of Agriculture offers technical assistance to help schools meet nutritional standards. The USDA encourages advocacy. It says its work is easier when parents push the schools to do better.

Many groups are devoted to school food issues. Some have published guides to getting started or developing strong wellness policies. They range in focus from hands-on local to national policy.

Other groups are gearing up to advocate for changes in one or another provision of the Farm Bill, now up for renewal in 2012. This legislation governs everything having to do with agricultural policy in the United States – farm subsidies, food assistance programs, conservation, water rights and organic production, among others.

In this era of budget cutting, every stakeholder in this legislation – and this also means everyone interested in creating a healthier food system – will be lobbying fiercely to defend existing benefits and to obtain a larger share of what’s available. Let legislators hear your voice.

And now is an excellent time to identify candidates for office who share your views and are willing to fight hard for them.

The ability for individuals, acting singly and together, to exercise democratic rights as citizens holds much hope for achieving a more equitable balance of power in matters pertaining to food and health.

Join the food movement. Use the system to work for what you think is right. Act alone or join others. You will make a difference.

Resources

The following are among the many groups advocating for healthier school food or farm policies [I submitted a much longer list but it got edited out.  I will post the rest of it in the next day or two].

Center for Science in the Public Interest

Community Food Security Coalition

Environmental Working Group

Food and Water Watch

Institute for Agriculture and Trade Policy

National Sustainable Agriculture Coalition

E-mail Marion Nestle at food@sfchronicle.com.

E-mail questions to food@sfchronicle.com, with “Marion Nestle” in the subject line.

This article appeared on page H – 3 of the San Francisco Chronicle

 

Jun 22 2011

What FDA is up against with imported foods

In an action highly unusual for the FDA, the agency has released a new “special report” on what it is up against as it tries to get a handle on the safety of imported foods.

Pathway to Global Product Safety and Quality points out that imported foods account for:

  • Between 10% and 15% of all food consumed by all U.S. households
  • Nearly two-thirds of all fruits and vegetables
  • 80% of seafood

And imported foods have increased by at least 10% during each of the last seven years and are expected to increase by 15% per year for the next several years.

The New York Times notes that in 2008 the FDA would have needed “1,900 years to check every foreign food plant at its rate of inspections at the time.”

That’s not all.  According to FDA:

Manufacturers and producers…face intense pressure to lower costs and improve productivity, fueling a cycle in which the quest for efficiency leads to increased production abroad and higher volumes of imported products to regulate.

Goods entering the U.S. will come from new and different markets, flowing through long, multistep processes to convert globally-sourced materials into finished goods.

The shift in global product flows will make it difficult to identify the “source” of a product and to ensure that all players along the supply chain meet their safety and quality responsibilities.

And it is not just legal activity that poses challenges for the FDA. Increasingly, the agency must contend with ever more sophisticated threats of fraud, product adulteration, and even terrorism.

The FDA illustrated its report with terrific graphics.  My favorite is the supply chain for canned tuna:


What will the FDA do about this problem?  It says it will:

1) Assemble global coalitions of regulators dedicated to building and strengthening the product safety net around the world.

2) With these coalitions, develop a global data information system and network.

3) Expand capabilities in intelligence gathering and use.

4) Allocate agency resources based on risk, leveraging the combined efforts of government, industry, and public- and private-sector third parties.

The FDA released its report on practically the same day that the Health and Human Services Inspector General’s office released a report highly critical of the FDA’s ability to monitor the safety of imported foods.

Because FDA’s food recall guidance is nonbinding on the industry, FDA cannot compel firms to follow it and therefore FDA cannot ensure the safety of the Nation’s food supply.

FDA did not always follow its own procedures to ensure that the recall process operated efficiently and effectively.

This kind of criticism is not new.  Just last month, the GAO issued a critical report on the FDA’s problems regulating the safety of imported seafood.  The FDA’s difficulty with recalls is that until Congress passed the food safety act last year, FDA did not have the authority to order recalls.  It had to “pretty please” ask companies to recall unsafe foods.  Now it has the authority, but Congress did not grant new resources to carry out that authority.

The New York TImes explains the reason for the FDA’s lack of oversight:

Audits of the F.D.A.’s oversight of the nation’s food system routinely find the agency’s efforts wanting, in part, the agency says, because its budget for such activities has long been inadequate. And although the new food safety law gave the agency extra supervisory powers, it is not clear how much it will be able to do, given that House Republicans have proposed cutting its budget for protective measures.

The FDA official in charge of food safety, Michael Taylor, has been discussing the vexing resource question in recent speeches.  He points out that the FDA:

Has a a huge workload. And even though public health officials are working hard, the agency will likely not meet all of its deadlines. On top of the backlog, FDA has no idea what its budget will be for fiscal year 2012.

An agriculture appropriations bill that cleared the House last week would cut food safety programs $87 million below fiscal year 2011.

The current budget situation does paint a challenging picture…a patchwork of continuing resolutions to keep the government funded — as we saw in 2011 — makes it nearly impossible to plan ahead.

When Congress gives us our budget over half way through the fiscal year it’s very difficult to use that money in as orderly a way as possible. You can’t use that money to hire the experts you need because the hiring process is such that you won’t get them hired until the end of the fiscal year

When it comes to food safety, we only have one food supply, and it is global.  That was the whole point of my book Pet Food Politics: The Chihuahua in the Coal Minea case study of how melamine in China got into American, Canadian, and South African pet foods.  If it could happen to pet food, it could happen to ours.

To monitor the safety of imported foods, the FDA neeeds to be stronger, not weaker.

Jun 2 2011

Deconstructing the USDA’s new food plate

I attended the launch of the new food icon this morning, and the press conference following it (which featured Red Rooster chef Marcus Samuelson).

 

 

 

 

 

 

 

 

 

As USDA Secretary Tom Vilsack explained, we have an obesity crisis in America that imperils our nation’s national security, economic vitality, and health care system.  It’s time for action.

I got a preview of the design on a conference call last week (while I was in Spain) and took a screen shot:

 

 

 

 

 

 

 

 

 

 

 

 

This may not look much like action, but it is a sharp departure from previous USDA icons (which USDA has delightfully put online).   These mostly emphasize the importance of meat and dairy foods (the 1992 Pyramid was an exception, which was why the Bush II USDA got rid of it).

Before yawning, consider its strengths:

  • It is easy to understand (as Mrs. Obama explained, even a child can use it).
  • Vegetables comprise the largest sector.
  • Together, vegetables and fruits are half the plate.
  • You can put whatever foods you like on that plate.
  • You don’t have to count servings or worry about portion size (if the plate isn’t too big).
  • Dairy foods–a discretionary group–are off to the side.

My one quibble?  Protein.  I’m a nutritionist.  Protein is a nutrient, not a food.  Protein is not exactly lacking in American diets.  The average American consumes twice the protein needed.  Grains and dairy, each with its own sector, are important sources of protein in American diets.

Why protein?  USDA used to call the group “meat” even though it contained beans, poultry, and fish.  The meat industry ought to be happy about “protein.”  Meat producers have spent years trying to convince Americans to equate meat with protein.

And USDA says its consumer testing (as yet unpublished) indicated that the public understood “protein” to cover diverse food sources.

According to William Neuman’s report in the New York Times, USDA official Robert C. Post said that:

U.S.D.A. had spent about $2 million to develop and promote the logo, including conducting research and focus groups and creating a Web site. Some of that money will also be used for the first year of a campaign to publicize the image.

I would like to see that research.  Post told me that the research would be published on the website within the next few days.  I look forward to seeing it.

One other point: consider the alternative.  Just for fun, here’s the plate the USDA was considering in its last efforts to try to get rid of the Pyramid in 1991.  We have Marian Burros, then at the New York Times, to thank for rescuing the Pyramid that came out in 1992.

 

 

 

 

 

 

 

 

 

 

The next step, of course, is to bring agricultural policy in line with the plate, meaning doing a much better job of supporting producers of vegetables and fruits.  This is part of Secretary Vilsack’s plan for repopulating and revitalizing rural America—a goal that I strongly support.

Given the pushback against public health that is happening in Congress this week—Cut school lunches! Cut WIC! Get rid of nutrition recommendations! Go easy on tobacco and antibiotics!—the more I think it took courage for USDA to do this.

Let’s hope USDA can stand up to the heat.

 

 

 

Apr 15 2011

Why partnerships with food companies don’t work

Michael Siegel, MD, MPH, a Professor at the Boston University School of Public Health (whom I do not know), has been mailing me copies of his recent blog posts on partnerships between food corporations and health organizations, particularly the American Academy of Pediatrics (AAP), the American Academy of Family Physicians (AAFP) (see my previous posts), and the American Dietetic Association (ADA) (see my previous posts on this one too).

Dr. Siegel’s current post discusses two reasons why these partnerships do more for the food companies than they do for the organizations:

1. Coca-Cola and other Big Food companies are using these partnerships to enhance their corporate image, and therefore, their bottom line: sales of unhealthy products that are contributing towards the nation’s obesity epidemic.

In its 2010 annual report, Coca-Cola writes: “…researchers, health advocates and dietary guidelines are encouraging consumers to reduce consumption of sugar-sweetened beverages, including those sweetened with HFCS or other nutritive sweeteners. Increasing public concern about these issues…may reduce demand for our beverages, which could affect our profitability.”

…Pepsico, in its 2010 annual report, also makes clear the connection between the company’s public image and its bottom line: “Damage to our reputation or loss of consumer confidence in our products for any of these or other reasons could result in decreased demand for our products and could have a material adverse effect on our business, financial condition and results of operations, as well as require additional resources to rebuild our reputation.”

2. The American Dietetic Association, American Academy of Pediatrics, and American Academy of Family Physicians are supporting companies that oppose virtually every state-specific public health policy related to improvement of school nutrition, reduction of junk food and soda consumption, and environmental health and safety.

…Through its contributions to the Grocers Manufacturers Association (GMA), Coca-Cola is opposing any and all taxes on sugar-sweetened beverages (soft drinks), opposing the removal of BPA from bottles containing liquids consumed by infants, opposing legislation to simply require the disclosure of product ingredients, opposing taxes on candy, opposing bottle bills, opposing all restrictions on BPA-containing packaging, opposing standards for food processing, and opposing school nutrition standards.

…That the AAP, AAFP, and ADA have fallen for Coca-Cola’s tricks is one possibility. The other, which I find more likely, is that they have been bought off. In other words, that the receipt of large amounts of money has caused them to look the other way. It’s amazing what a little financial support will do. And of course, this is precisely the reason why companies like Coca-Cola and Pepsico include the sponsorship of public health organizations in their marketing plans.

I’m just back from the American Society of Nutrition meetings in Washington, DC, where the daily newsletter put out by the society included full-page advertisements from Coca-Cola, the beef industry, and the Corn Refiners Association (see yesterday’s post).  And then there is the astonishing example of Coca-Cola’s $10 million gift to Children’s Hospital of Philadelphia to head off a potential city soda tax.

It is completely understandable why food and beverage companies would want to buy silence from health professionals.  It is much less understandable why health organizations would risk their credibility to accept such funding.  Professor Siegel’s analyses of these issues are worth close attention.

Mar 31 2011

What’s up with food dyes and hyperactivity?

 I’ve been waiting to see what the FDA panel did before commenting on this week’s hearings on food dyes and hyperactivity in young children. 

According to reports from CNN and from the New York Times, the panel decided—to do nothing. 

Research, says the FDA panel, is insufficient to conclude that food dyes cause hyperactivity.  Despite much concern about this issue in Great Britain, the FDA will not put a warning label on foods that contain the dyes. 

This is déjà vu all over again.  When I first became interested in nutrition in the mid-1970s, food dyes were a big issue.   

Hyperactivity in kids was a new thing.  Ben Feingold, a physician in California, said that a diet devoid of food colors would help calm kids down. 

The Feingold Association still encourages that diet.

But scientfic tests of the Feingold hypothesis produced mixed effects.  In 1980, Science magazine published two reports of such tests. 

The first”by James M. Swanson and Marcel Kinsbourne (Science 1980;207:1485-87) gave pills containing a mix of food additives to 40 children, 20 diagnosed as hyperactive and 20 not.  The children diagnosed with hyperactivity reacted to the food additive challenge but the other children did not.

This study, however, was criticized for using pills, mixing additives, and evaluating the kids’ behavior by methods that were controversial.

A second study (Weiss, et al. Science 1980;207:1487-89) made a valiant effort to correct for those problems.  It created two drinks that looked and tasted the same, one with a blend of seven food colors and one without.    The study was carefully designed to be triple-blind.  The drinks were formulated to look the same and neither the kids, parents, or observers knew what the kids were drinking.  The drinks were tested at different times on 22 kids.

The result?  Twenty of the 22 kids showed no reaction to the dyes.  One showed occasional reactions. 

But one child reacted to the dyes every time.

The interpretation?  A small percentage of kids may react to food dyes.

That was pretty much the end of that except for petitions by Center for Science in the Public Interest to get rid of food dyes.

There things rested until 2007 when a study in England revived the issue.

Food dyes have only one purpose: to sell junk foods.  Candy, Cheetos, and sodas that are brightly colored are perceived as tasting better than the grey alternatives.  The food industry needs food dyes badly.

But nobody else does.  Parents of hyperactive kids can easily do their own experiment and see if removing food colors helps calm their kids down. 

Food dyes have no health benefits that I can think of.  Kids don’t need to be eating those foods anyway.  Kids will not be harmed by avoiding food dyes.

It would be nice to have more conclusive research.  In the meantime, read food labels!

Feb 9 2011

FoodNavigator.com’s collected wisdom on the Dietary Guidelines

The 2010 edition of the dietary guidelines appeared on January 31.  Since then, FoodNavigator-USA, an online daily newsletter for the food industry, says it has been gathering reactions and taking a look at how the guidelines are likely to affect food and beverage companies.   Here are its reports.

‘Eat less’: A difficult message for industry: The new dietary guidelines give the food industry the clearest map yet of what is necessary for a healthy diet – but no one is fooled by assertions that industry is already in line.

2010 Dietary Guidelines: Opportunity for continued industry innovation: In this guest article, Melissa Musiker of the Grocery Manufacturers Association says that the 2010 Dietary Guidelines are an opportunity for industry to find better ways to innovate, as part of a collective responsibility to improve American diets.

How the 2010 guidelines affect food technologists:  The 2010 Dietary Guidelines’ new focus on reducing energy intake will present major reformulation challenges for food technologists, says the Institute of Food Technologists’ (IFT) president-elect.

Politics too influential in new Dietary Guidelines, says nutrition expert [that would be me]:  The new Dietary Guidelines for Americans are still too heavily influenced by political interests – but the initial consumer messaging was ‘fantastic’, according to nutrition and public policy expert Marion Nestle.

‘Total diet’ in the 2010 Dietary Guideline: The latest version of the Dietary Guidelines for Americans includes a new focus on the importance of total diet. FoodNavigator-USA spoke to Cynthia Harriman of Oldways to get the perspective of the organization behind the Mediterranean diet pyramid.

USDA releases 2010 Dietary Guidelines for Americans: The US Department of Agriculture (USDA) has updated the Dietary Guidelines for Americans for the first time since 2005, with a number of small changes that could make a big difference for the food industry.

Industry welcomes USDA Dietary Guidelines supplements shift: The US dietary supplements industry has welcomed the 2010 Dietary Guidelines for Americans which demonstrated a thawing in attitude toward supplements use from a Guidelines committee that has previously balked at recommending them.

Dec 7 2010

How about reassessing First Amendment “right” to market junk foods?

Food companies insist that they can make health claims for their products, whether backed by science or not, because commercial speech is protected by the First Amendment.

The First Amendment, in case you have forgotten, says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

In a commentary in JAMA earlier this year about front-of-package labeling, David Ludwig and I argued that it was time to take another look at current interpretations of the First Amendment suggesting that free commercial speech is equivalent to free political or religious speech.  Surely, we said, consumers would be better off without front-of-package labels and health claims on food products.

Last month, the British journal Public Health Nutrition published an article by  Timothy Lytton, the Albert and Angela Farone Distinguished Professor of Law at Albany Law School.

His article, “Banning front-of-package food labels: First Amendment constraints on public health policy,” takes issue with our JAMA argument:

In recent months, the FDA has begun a crackdown on misleading nutrition and health claims on the front of food packages by issuing warning letters to manufacturers and promising to develop stricter regulatory standards. Leading nutrition policy experts Marion Nestle and David Ludwig have called for an even tougher approach: a ban on all nutrition and health claims on the front of food packages.

Nestle and Ludwig argue that most of these claims are scientifically unsound and misleading to consumers and that eliminating them would ‘aid educational efforts to encourage the public to eat whole or minimally processed foods and to read the ingredients list on processed foods’.

Nestle and Ludwig are right to raise concerns about consumer protection and public health when it comes to front-of-package food labels, but an outright ban on front-of-package nutrition and health claims would violate the First Amendment. As nutrition policy experts develop efforts to regulate front-of-package nutrition and health claims, they should be mindful of First Amendment constraints on government regulation of commercial speech.

And now, Public Health Nutrition has just published our letter in response to Lytton’s paper.  We say:

In his thoughtful paper about front-of-package food labels, Timothy Lytton states that a ban on such labels would violate First Amendment provisions of the US Constitution. Lytton cites case law to argue that lower courts have consistently interpreted the First Amendment as providing guarantees of free commercial speech.

Indeed they have, and in 2003, the Bush Administration Food and Drug Administration (FDA) stopped defending against misleading health claims cases on First Amendment grounds. We are not lawyers and make no pretense of arguing case law. However, it seems obvious to us that this interpretation of the First Amendment neither follows its original intent, nor promotes the public interest.

The founding fathers clearly intended the First Amendment to guarantee the right of individuals to speak freely about religious and political matters, not the right of food companies to market junk foods to children and adults. Laws are subject to reinterpretation and change, as the history of civil rights legislation makes clear.

That politics influences interpretation of the law at the highest level is evident from the US Supreme Court’s decisions in Bush v. Gore (2000) and Citizens United v. Federal Election Commission (2010).

We think the time has come for major legal challenges to the right of corporations to mislead the public on the grounds of free speech. The front-of-package health claims controversy demands immediate attention. We hope that legal scholars will examine current food marketing practices in the light of the First Amendment and establish a firm legal basis for bringing this issue back to court. Lytton’s arguments make the need for such reconsideration perfectly evident.

Public interest lawyers: get to work!

Dec 1 2010

Senate passes food safety bill, 73 to 25

In case you missed it (and how could you?), the FDA Food Safety Modernization Act passed the Senate yesterday by a huge majority.  Thanks to Beth Bainbridge for sending me this link to a map of how the votes went—a graphic, interactive illustration of partisan politics in action.

If you would like to know what the bill really says as opposed to the mythology, you can read a short Summary , or take a look at the entire bill.  And here’s FoodSafetyNews on some of those details.

The next steps: (1) reconciliation with the House version passed a year ago July, and (2) submission of the joint version to President Obama for signature.  This has to be done before this session of Congress expires in just a few weeks.

By all reports, reconciliation will not be so easy.  FoodSafetyNews explains all the things that can derail the bill between now and then, and the list is long and weird (who ever heard of “blue-slipping,” for example?).

Some folks are happy about the Senate action, but some most definitely are not.  FoodSafetyNews summarizes the reactions, as does the New York Times account.

Time is short.  The stakes are high.  Keep fingers crossed.