by Marion Nestle

Search results: food policy action

Nov 23 2010

Kellogg settles class-action health-claims suit

Kellogg has had a bad year on the truth-in-advertising front.

First, It took the brunt of the furor over the late and unlamented Smart Choices fiasco, when the program’s first logo turned up on Froot Loops of all things and was attacked by the Connecticut attorney general.

Next, the IMMUNITY banner on Cocoa Krispies drew fire from the San Francisco city attorney’s office.

Both boxes are now collectors’ items.

Now, FoodNavigator-USA reports that Kellogg has taken another expensive beating, this time on its health claim for Mini-Wheats.

In 2009, Frosted Mini-Wheat boxes sported this health claim:  “Clinically shown to improve children’s attentiveness by nearly 20%.”

Of course this cereal can do that, especially when kids eating it are compared to kids who don’t eat any breakfast at all—which is what this study did.

But that’s not what the adorable television advertisements imply, as shown in exhibits A and B in the summary of the class-action decision.

Last April, Kellogg settled a dispute with the FTC over this claim.  The FTC did not argue that the claim was inherently absurd because of the lack of an appropriate control group for the study.  Instead, it took the study at face value and charged Kellogg with exaggerating the results because hardly any children—only 11%—improved attentiveness by 20% or more.

Kellogg has just settled a class-action suit over this claim that will cost the company $2.75 million in order to pay customers between $5 and $15 each in compensation.  The company also will give $5.5 million to charities.

Because of city and state attorneys and the FTC, the most egregious health claims are slowly disappearing from cereal boxes.     But lawsuits do not constitute policy.  What goes on the front of food packages is FDA territory.

FDA: Get to work!

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?

Sep 10 2010

International food politics: UK food industry wants more regulation!

In a move that surprises British commentators, the U.K.’s The Food and Drink Federation is calling for more government regulation.

This call is based on a report commissioned by the Federation, Future Scenarios for the UK Food and Drink Industry, which summarizes interviews with food manufacturers, policy makers, civil society representatives, farmers, and retailers, about their visions for the future of the industry.

While the most desirable future was one where sufficient resources were available and consumer behaviours had responded to global pressures, manufacturers and retailers surprisingly preferred a situation where more government intervention was necessary.

What’s going on here?  “It’s about putting in place the right structures and frameworks that give industry the kind of coherence to make investment decisions.”

However, all participants recognised that resource demand would most likely outstrip supply unless action was taken. Even more disastrous would be the scenario where there was insufficient government control and a lack of engagement by people; a severe supply-demand gap, resulting in social unrest.

Oh.  Investment decisions.  And preventing social unrest, of course.

The report concludes that “there is a need for a shared vision for the future of the UK’s food industry based on strong evidence, consistent regulation and consumer engagement.”

Consistent regulation?  This from an industry that successfully lobbied for removing regulatory power from the Food Standards Agency?

As in the U.S., the British food industry wants regulations when they protect industry interests, but strongly opposes those that favor consumer interests.

Sep 1 2010

International food politics: Pakistan

If the most important risk factor for chronic malnutrition is poverty, natural disaster is surely the most important for acute malnutrition.   Nutrition problems created by natural disasters usually can be alleviated by effective government action and, when necessary, international aid.

But the flood disaster in Pakistan is so huge, and affects so many people over such a large area, that it has become an object lesson in the consequences of international disinterest.  What aid has been forthcoming has been slow to arrive and not much of it comes from the United States.

One result is illustrated in today’s Guardian (UK):

The photo was forwarded to me by Patty Rundall, policy coordinator of Baby Milk Action.

It was sent to her by UNICEF, which has produced guidelines on infant feeding and a call for appropriate support for feeding young children in Pakistan.  Bottle feeding in unsterile environments is not healthy for infants.

The Washington Post points out that helping to alleviate this disaster is the right thing to do.  But it is also very much in America’s strategic interest.

If strategic interest is what it takes to get our government and others to move on this, let’s use it.

 
Jul 30 2010

Want to get active on farm policy? Here’s a start.

I’ve been sent a press release from the Institute for Agriculture and Trade Policy in Minneapolis to announce the creation of its new Healthy Food Action website.

The website, says IATP:

makes it simple for health professionals—nurses, dieticians, physicians, public health workers, social workers and others—to engage in major public policy debates that affect our food system. It provides both vital information and easy-to-use tools to contact legislators, government officials and companies.

“Will make it simple” seems more like it.  At the moment, the site seems to be devoted exclusively to the issue of arsenic in poultry feed.  Eventually, it promises to take on other issues such as antibiotics in food animals and the Farm Bill.

Ah yes, the Farm Bill.  It’s none to early to get started on the next one.  Sites like this could help once they get into full swing.


The Institute for Agriculture and Trade Policy works locally and globally at the intersection of policy and practice to ensure fair and sustainable food, farm and trade systems.

Jul 10 2010

“Silent raids” demonstrate need for a better immigration policy

Today’s New York Times reports:

The Obama administration has replaced immigration raids at factories and farms with a quieter enforcement strategy: sending federal agents to scour companies’ records for illegal immigrant workers. ..the “silent raids,” as employers call the audits, usually result in the workers being fired, but in many cases they are not deported.

What does this have to do with food politics?

Employers say the Obama administration is leaving them short of labor for some low-wage work, conducting silent raids but offering no new legal immigrant laborers in occupations, like farm work, that Americans continue to shun despite the recession. Federal labor officials estimate that more than 60 percent of farm workers in the United States are illegal immigrants.

In my visit to Alaskan seafood processing plants this summer, I saw cannery workers imported from the Philippines or Eastern Europe to work 16 hours a day, 6 or 7 days a week, for the minimum wage or close to it.

Residents of one remote cannery town said they all worked in canneries as teenagers for good wages.  But when the large cannery moved into town, it reduced wages, increased hours, halved the amount paid to fishermen, and imported the Philippine workers.  The canneries, they said, made it clear that they did not want locals working in the plants.

The result: near-poverty life for community residents and near-slavery conditions for the imported workers.

Our immigration system needs a fix to allow workers to come and go without fear of random arrests, firings, or deportations.  Farm working conditions need a fix.  Reexamining the minimum wage might be a good starting point.

Your thoughts?

Jun 22 2010

Enough about Alaska. What about Gulf seafood?

A reader, Lucas Pattan, writes:

I’m writing to ask if you could do a post over the next few weeks about what you expect the impact of the Gulf spill will be on America’s seafood industry.  GQ has an amazing piece about fishermen and rigmen affected by the Deepwater Horizon, and the information about the fishing industry is pretty frightening [for the GQ piece click here].

I don’t have a crystal ball about the impact of the BP disaster on the Gulf seafood industry, but I’m assuming its effects will cause problems similar to those that happened as a result of the Exxon Valdez oil spill—only worse.

The Exxon Valdez spill occurred in 1989 in cold Alaskan waters.  Fish and wildlife stocks have not fully recovered 21 years later and it will be years before they do.  According to the Wikipedia entry on this event:

Both the long- and short-term effects of the oil spill have been studied comprehensively….The effects of the spill continued to be felt for many years afterwards. Overall reductions in population have been seen in various ocean animals, including stunted growth in pink salmon populations….Almost 20 years after the spill, a team of scientists at the University of North Carolina found that the effects are lasting far longer than expected. The team estimates some shoreline Arctic habitats may take up to 30 years to recover.

The Wikipedia continues with a comment on corporate responsibility:

Exxon Mobil denies any concerns over this, stating that they anticipated a remaining fraction that they assert will not cause any long-term ecological impacts, according to the conclusions of 350 peer-reviewed studies. However, a study from scientists from the NOAA concluded that this contamination can produce chronic low-level exposure, discourage subsistence where the contamination is heavy, and decrease the “wilderness character” of the area.

It looks to me as though the ecological, economic, and corporate effects of this one will be even worse and longer lasting:

  • It’s a bigger and longer lasting spill.
  • The economy of the Gulf states have yet to recover from hurricane Katrina.
  • Oysters don’t swim.
  • Much of the Gulf was already a dead zone created by agricultural runoff and industrial pollution.
  • The waters are warmer and less rich in nutrients.
  • U.S. energy policy still focuses on oil.

At the moment, is seafood from the Gulf region safe to eat?  President Obama says it is.  I hope he’s right

The FDA is sampling oysters, crabs, and shrimp and doing more inspection of seafood processing plants, closing down waters that seem to be contaminated, and doing what it can to make sure that tainted seafood is not getting into the marketplace.

According to a report in Food Chemical News II (June 21), the FDA says it will not re-open oil-contaminated waters to fishing until:

oil from the spill is no longer observable and seafood samples from the area successfully pass both sensory analysis by trained screeners and chemical analysis to ensure there are no harmful oil products found in them.

Smelling the fish to see if it’s OK?  I don’t think so.

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Jun 20 2010

Wild Alaskan seafood: sustainability

One point of the Alaskan Seafood Marketing Institute’s invitation to visit remote fishing and processing operations was to publicize the state’s fish sustainability initiatives (see Note below).

Everyone wants to catch fish.  But who has the right to catch them?  Fish swim long distances and pay little attention to political borders.  The commercial fishing industry is highly efficient at using technology to catch fish (the fish hardly have a chance).  And cultural issues are involved, as well as economic issues.  Indigenous communities have long standing cultural traditions related to fish.

Fish stocks are not infinite.   Hence, the need for management.

In Alaska, fisheries management is so complex that it takes a chart to explain how it works.  The goal is to have enough seafood available so all the stakeholders in the fish system can make a living.  Salmon, groundfish, halibut, and crab each require a different agency to manage stock conservation, set policy (local, national, and international) for who is entitled to fish, and enforce the rules.

For example, the Alaska Department of Fish and Game regulates the amounts of fish that can be taken, the Alaska Board of Fisheries decides who gets permits to fish, and Alaska Wildlife Troopers make sure everyone follows the rules.

The main management tools limit the time and place where fishing is allowed, and limit the number of commercial groups allowed to fish.  Alaskan fisheries are closed unless the Department of Fish and Game says they are open.   Nobody can fish in a closed area.

The number of fishing permits is fixed and finite, making them a market-driven commodity.  They are often handed down from generation to generation, but also can be sold.   A king salmon permit, for example, might cost as much as half a million dollars.  Yes, this allows rich commercial fishers to work in Alaskan waters.  But fishing area controls are democratic.  A closed fishing area is closed to rich and poor alike.

This system creates some tricky situations.  On the day we observed fishing in action near Sand Point, the area was open to salmon fishing. But it was closed to cod fishing.

Catch from a purse seine, Shumagen Islands, Alaska, June 2010

The boat shown here was out salmon fishing.  It caught salmon, but also picked up an almost equal number of cod (we were told this was highly unusual).

The salmon would go to the cannery to be processed.  The best salmon would be processed with special care by Aleutia, an organization specializing in high quality Alaskan wild salmon getting high prices for fishermen.

The salmon were caught legally.  The cod, however, were by-catch.  They were not supposed to be caught in the salmon nets or, for that matter, at all that day.

What happened to the caught cod?  We ate one of them for dinner that night, prepared for us by Michael Cimarusti, chef owner of Providence (Los Angeles), who conveniently was a member of our group. It was worth the trip.

The others went for personal use or were thrown back into the sea to become food for crab or other seafood.  Under the rules, they could not be sold.

Does this complicated management system work?  It looked to me like it does the job pretty well.

  • Stocks of major Alaskan seafood—salmon, groundfish, halibut, and crab—are holding their own.
  • Everybody who fishes or depends on fish complains that they don’t get the chance to get enough of their fish.

Now, if only this system could go international, we might have a shot at keeping fish in the sea.

Tomorrow: Wild Alaskan salmon, from ocean to table.

Note: The Alaskan Seafood Marketing Institute is a trade association for seafood processors::

The Alaska Seafood Marketing Institute (ASMI) was created over twenty years ago as a cooperative partnership between the Alaska seafood industry and state government to advance the mutually beneficial goal of a stable seafood industry in Alaska. It is Alaska’s “official seafood marketing agency”, and is established under state law as a public corporation…[It] is divided into three distinct marketing programs: international, foodservice and retail. All three programs are designed to enhance the appeal and popularity of Alaska Seafood. The international program operates in the European Union, China, and Japan, while the retail and foodservice programs conduct their activities in the U.S.

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