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I’m trying to keep up with what’s happening with Cannabis edibles and drinkables, still with borderline legality in most places, but gradually working their way to supermarkets near you.

Here’s what’s come up lately.

• The FDA is calling a public hearing on May 31 and asking for comments on Cannabis products.
• The Washington Post discusses the messy regulatory situation.
• Cannabidiol (CBD), extracted from hemp, does not have the psychoactive properties of marijuana.
• The 2018 Farm Bill legalized the raising of hemp, which contains CBD.
• On the local level: regulators in different agencies view regulation in different ways.
• On the global level: different countries are handling regulation of these products in different ways.
• CVS will be selling CBD products as over-the-counter drugs.
• As for edibles, CBD-infused water is predicted to be the big seller.
• The Sacramento Bee reported what happens when kids get into their parents’ marijuana edibles; it called for childproof packaging.
• A video from Fresno County shows unlicensed marijuana edibles, some of which look like candies aimed at children.
• The FDA will hold a public hearing on the safety, manufacturing, quality, marketing, labeling, and sale of Cannabis products on May 31.

And then there are the health claims.  As early as 2017, the FDA sent out warning letters to makers of CBD products; they were marketing their products as drugs not supplements or foods.

For example, the FDA sent a letter to That’s Natural, complaining that the company published testimonials saying things like this:

• “Scientific research by doctors have shown it actually kills cancer cells and provides a protective coating around our brain cells.”
• “as a Type 1 diabetic, my blood sugars have noticeably leveled off.”
• “My blood pressure and heart rate have also significantly improved as well.”

The FDA also sent a letter to Green Roads of Florida objecting to claims like these:

• “CBD .[has] anti-proliferative properties that inhibit cell division and growth in certain types of cancer, not allowing the tumor to grow.”
• “Almost all studies recognize CBD’s potential in preventing both cancer spread and growth…”
• “The following are some of the many ailments CBD oil can potentially be therapeutic for:  asthma, Alzheimer’s disease, arthritis, autism, bipolar disorder, various types of cancer….

Food, medicine, supplement, or snake oil?  We shall see.

NutraIngredients-USA.com has collected articles on this topic into a Special Edition: Supplements for pets

The market for supplements for pets is valued at around $2.6 billion, according to the National Animal Supplement Council (NASC).

Issues driving the market growth include an increasing market share of premium supplements positioned as natural and organic; the rise of obesity/weight management among the nation’s pets; and maintaining the health of older pets, which are living for longer.

In this special edition, we explore the key trends (including CBD!), opportunities, and a couple of brand success stories.

• Where is the innovation in the pet supplements space? Delivery systems and proprietary ingredients are the tip of the innovation spear for pet supplements (think cats and dogs), but nothing is hotter than one ingredient: CBD… Read
• Hemp and CBD in pet supplements weaves same tangled web as in products meant for humans: CBD products are all the rage in the pet supplement world. But these products occupy a similar legal limbo in this realm as they do in supplements meant for humans, experts say… Read
• Vet who advocates home cooking for pets says supplements play key role in keeping them healthy: The trend toward home cooking of pets meals continues unabated. But a prominent veterinarian cautions her clients not to forget the supplements while doing so… Read
• Inspired by customer feedback, Myos Rens bets on pet nutrition space: While the supplement space for humans is booming with options for muscle growth and health, the same can’t be said for the pet space, said the CEO of Myos Rens. He believes his supplement company can fill in that white space… Read
• Niche ingredients from botanical sources, animal peptides making inroads in pet nutrition: Ingredients for pet supplements tend to fall along familiar lines. Tried and true constituents of the supplements owners take tend to form the basis of the products they give to their animals. But new ingredients are starting to make inroads… Read

Malden Nesheim and I discuss pet supplements in our book, Feed Your Pet Right (which is actually an analysis of the pet food industry).  Just as with supplements for humans, little evidence exists to demonstrate that supplements do any good for pets.  But they make owners feel like they are doing something useful.  As for CBD for pets?  That may make owners feel better too.

I’ve been giving talks lately on how to strengthen the food movement and my two-word answer is this: build coalitions.

The food movement includes thousands of organizations working on food issues.  For real power, those organizations need to unite around common goals.

At a recent talk in Berkeley, I was asked if I could name some food movement coalitions.  I had trouble thinking of any, but the audience popped up with suggestions and I’ve added a couple more.

• California Food and Farming Network is dedicated to advancing state policies that are rooted in communities, promote fairness and racial equity, secure financial prosperity and advance environmental sustainability.  It tracks legislation and publishes a scorecard.  50 member groups.
• La Via Campesina: 182 organizations in 81 countries advocate for peasants’ rights, food sovereignty, and social justice and oppose corporate-driven agriculture that destroys social relations and nature.
• National Alliance for Nutrition and Activity (NANA):  Its more than 500 organizations advocate for policies and programs to promote healthy eating and physical activity.
• National Sustainable Agriculture Coalition: Its 120 member groups advocate for federal policy reform to advance the sustainability of agriculture, food systems, natural resources, and rural communities by supporting small and mid-size family farms.
• Rural coalition: “Our mission is to build an equitable and sustainable food system that is beneficial to people of color, small farmers, rural and tribal communities.”  50 member groups.

If you know of others, please let me know at marion.nestle@nyu.edu.  I will be tracking these.

The next step: a union of coalitions?

I’ve long argued that the most intellectually challenging issue in the field of nutrition is finding out what people eat.

Here’s what it takes:  Using DNA technology, investigators examined the stomach contents of the “Iceman,” a man who died 5300 years ago but was frozen in the Alps until his body was discovered some years ago.

The result: “a remarkably high proportion of fat in his diet, supplemented with fresh or dried wild meat, cereals, and traces of toxic bracken.”

A recent radiological re-examination of the Iceman, a 5,300-year-old European natural ice mummy, identified his completely filled stomach (Figure 1A) [2]…Previous isotopic analysis (¹⁵N/¹⁴N) of the Iceman’s hair suggested first a vegetarian lifestyle [12, 13] which was later, after careful re-examination of the data, changed to a omnivorous diet [14]. Further analyses of lower intestinal tract samples of the Iceman confirmed that he was omnivorous, with a diet consisting of both wild animal and plant material. Among the plant remains, there were cereals, pollen grains of hop-hornbeam, and fragments of bracken and mosses [14, 15, 16, 17, 18, 19, 20]… In summary, the Iceman’s last meal was a well-balanced mix of carbohydrates, proteins, and lipids, perfectly adjusted to the energetic requirements of his high-altitude trekking.

Nearly half (46%) of the bulk stomach contents consisted of animal fat, much of it saturated.  This, apparently, had consequences:

computed tomography scans of the Iceman showed major calcifications in arteria and the aorta indicating an already advanced atherosclerotic disease state [33].

Fascinating, no?  Now if we could do this kind of analysis on a population basis, think of the questions we could finally answer!

I don’t usually pay attention to what the American Council for Science and Health (ACSH) says or does, mainly because it is a long-standing front group for the food and chemical industries, and it predictably supports the interests of those industries over public health (see US Right to Know’s analysis).

But then I read this from the Center on Media and Democracy: Corporate Front Group, American Council on Science and Health, Smears List of Its Enemies as “Deniers for Hire.”

Smeared by the site are scientists Tyrone Hayes, Stephanie Seneff, and Gilles-Éric Séralini; New York Times reporter Danny Hakim and columnist Mark Bittman; well-known food and science writer Michael Pollan; nutrition and food studies professor Marion Nestle; public interest groups like U.S. Right to Know, Greenpeace, Natural Resources Defense Council (NRDC), Sierra Club, the Environmental Working Group, and Union of Concerned Scientists; past and present CMD staff, and many other individuals ACSH does not like.

Clearly, I’m in good company.  But what, exactly, have I—a “Crankster,” apparently—done to deserve this honor?  It seems that I:

• Support organic foods. Yes, I do.  They are far better for the environment.  I explain why I favor organics in my book, What to Eat (2006).
  
• Express concerns about the safety of glyphosate.  Guilty as charged, and I’m not the only one; the International Agency for Cancer Research says glyphosate (Roundup) is likely to be carcinogenic.
• Joined in attacks on Kevin Folta: Sorry—this one baffles me.  I don’t recall ever commenting on Dr. Folta or his work (he’s mentioned on this site once, in a list of documents obtained by the New York Times).  Perhaps ACSH is referring to my concerns about the aggressive tactics of the GMO industry and its supporters, which I wrote about in detail in my book, Safe Food (2003). 
• Express concerns about food chemicals.  I am indeed concerned about these chemicals, especially with respect to increasing evidence that they harm soil, beneficial insects (bees in particular), and, perhaps, humans. 
• Express concerns about the role of the food industry in promoting unhealthful products. Also, guilty as charged. I write carefully referenced books on this topic, particularly Food Politics (2002) and Soda Politics (2015).  
• Express concerns about industry funding of nutrition research. That’s the topic of my most recent, also extensively referenced, Unsavory Truth: How Food Companies Skew the Science of What We Eat.

What can I say?  Read my work and decide for yourself if such concerns are justified.

The US Global Change Research Program released its 4th report on climate change Wednesday night, coincidentally or deliberately during the slow news Thanksgiving holiday.

The U.S. Global Change Research Program (USGCRP) is a Federal program mandated by Congress to coordinate Federal research and investments in understanding the forces shaping the global environment, both human and natural, and their impacts on society.

USGCRP comprises 13 Federal agencies that conduct or use research on global change and its impacts on society, in support of the Nation’s response to global change.

The report comes in two volumes, a technical report and an assessment report.

Don’t look for any good news here, especially for agriculture.

U.S. agriculture and the communities it supports are threatened by increases in temperatures, drought, heavy precipitation events, and wildfire on rangelands (Figure 1.10) (Ch. 10: Ag & Rural, KM 1 and 2, Case Study “Groundwater Depletion in the Ogallala Aquifer Region”; Ch. 23: S. Great Plains, KM 1, Case Study “The Edwards Aquifer”). Yields of major U.S. crops (such as corn, soybeans, wheat, rice, sorghum, and cotton) are expected to decline over this century as a consequence of increases in temperatures and possibly changes in water availability and disease and pest outbreaks (Ch. 10: Ag & Rural, KM 1). Increases in growing season temperatures in the Midwest are projected to be the largest contributing factor to declines in U.S. agricultural productivity (Ch. 21: Midwest, KM 1). Climate change is also expected to lead to large-scale shifts in the availability and prices of many agricultural products across the world, with corresponding impacts on U.S. agricultural producers and the U.S. economy (Ch. 16: International, KM 1).

Chapter 10 has four key messages, none of them cheerful:

1:  REDUCED AGRICULTURAL PRODUCTIVITY: Food and forage production will decline in regions experiencing increased frequency and duration of drought. Shifting precipitation patterns, when associated with high temperatures, will intensify wildfires that reduce forage on rangelands, accelerate the depletion of water supplies for irrigation, and expand the distribution and incidence of pests and diseases for crops and livestock. Modern breeding approaches and the use of novel genes from crop wild relatives are being employed to develop higher-yielding, stress-tolerant crops.

2: DEGRADATION OF SOIL AND WATER RESOURCES: The degradation of critical soil and water resources will expand as extreme precipitation events increase across our agricultural landscape. Sustainable crop production is threatened by excessive runoff, leaching, and flooding, which results in soil erosion, degraded water quality in lakes and streams, and damage to rural community infrastructure. Management practices to restore soil structure and the hydrologic function of landscapes are essential for improving resilience to these challenges.

3.  HEALTH CHALLENGES TO RURAL POPULATIONS AND LIVESTOCK: Challenges to human and livestock health are growing due to the increased frequency and intensity of high temperature extremes. Extreme heat conditions contribute to heat exhaustion, heatstroke, and heart attacks in humans. Heat stress in livestock results in large economic losses for producers. Expanded health services in rural areas, heat-tolerant livestock, and improved design of confined animal housing are all important advances to minimize these challenges.

4: VULNERABILITY AND ADAPTIVE CAPACITY OF RURAL COMMUNITIES: Residents in rural communities often have limited capacity to respond to climate change impacts, due to poverty and limitations in community resources. Communication, transportation, water, and sanitary infrastructure are vulnerable to disruption from climate stressors. Achieving social resilience to these challenges would require increases in local capacity to make adaptive improvements in shared community resources.

The recommendations: reduce greenhouse gas emissions, now.

My colleagues who attended the Academy of Nutrition and Dietetics annual meeting and Expo brought back examples of what I love to call dietetic junk foods.

The big trends in such products are gluten-free and allergy-free—apparently without much regard for taste (at least by my standards).

Here is an example of a gluten-free product: 

Check the ingredient list:

Cane sugar, pea starch, potato starch,non-hydrogenated shortening (palm oil, modified palm oil), white rice flour, tapioca starch, water, tapioca syrup, pea protein, salt, pea fiber, natural flavor, modified cellulose, inulin, sodium bicarbonate, sunflower lecithin, beta-carotene (color).

And, in case you were worried, it’s “not a product of genetic engineering.”

To me they taste like chalk, but sweet.

Here’s an example of an allergy-free product:

It too has a long ingredient list:

Organic rolled oats, rice protein crisps (rice protein, rice starch), tapioca syrup, cocoa butter, pearled sorghum crisps, organic caramel (organic cane sugar, water), date paste, brown sugar, dried banana, roasted and salted sunflower seeds (sunflower kernels, sunflower oil, salt) safflower oil, white pearled sorghum flour, popped sorghum.

But this one is remarkable for what it does not contain:

I did not particularly like the texture or taste (off flavors) of this one.

Apparently, the Expo had loads of these.

Why?  Real (relatively unprocessed) foods are less profitable, alas.

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