by Marion Nestle

Search results: natural

Oct 13 2010

IOM Front-of-Package Label Committee releases Phase 1 report

The Institute of Medicine (IOM) released its first Front-of-Package (FOP) labeling report this morning. Phase I is a tough, detailed examination of about 20 of the existing FOP schemes along with some recommendations about what such schemes ought to do.

FOP labels are those little spots, check marks, and tokens that are all over food packages these days and that are supposed to indicate that the product is especially healthy for you.  They may seem utterly trivial, but they are of desperate importance to food companies.  FOP labels sell food products.  Food marketers love them and need them.  The FDA worries that having so many of them confuses the public, and that the schemes are based on criteria that serve industry purposes more than to promote public health.

As the IOM press release explains:

A multitude of nutrition rating, or guidance, systems have been developed by food manufacturers, government agencies, nutrition groups, and others in recent years with the intent of helping consumers quickly compare products’ nutritional attributes and make healthier choices. Ratings are typically communicated to shoppers through symbols placed prominently on food packaging, usually on the front, or on retail shelf tags. Unlike the Nutrition Facts panel, these rating systems and symbols are unregulated, and different systems focus on different nutrients. The variation may confuse consumers, and questions have been raised about the systems’ underlying nutritional criteria.

The committee did a terrific analysis of current FOP schemes.  My favorite parts are its

  • Clear, concise histories of nutrition and FOP labeling (students: take note!)
  • Detailed evaluation of the strengths (few) and weaknesses (many) of the existing schemes
  • Demonstration of the inconsistent results of applying the schemes to specific foods

The report gives examples of the inconsistent results of three scoring schemes: Guiding Stars, NRFI [Nutrient-Rich Foods Index], and Nu-Val

  • Instant oatmeal received 3 Guiding Stars, and scores of 87 by NRFI and 39 by NuVal.
  • Non-instant oatmeal received 2 Guiding Stars, and scores of 22 by NRFI and 57 by NuVal
  • Toasted oat cereal received 2 Guiding Stars, and scores of 84 by NRFI and 37 by NuVal
  • Fat free milk, 1% fat milk, and fat free plain yogurt received 3 Guiding Stars, but fat free milk was scored 56 by NRFI and 91 by NuVal; 1% fat milk was scored 30 by NRFI and 81 by NuVal, and fat free plain yogurt was scored 43 by NRFI and 96 by NuVal.

The committee’ key recommendation: FOP labels should deal with just four nutrients: calories, saturated fat, trans fat, and sodium.

These nutrients, says the committee, “are routinely overconsumed and associated most strongly with diet-related health problems affecting many Americans, including obesity, heart disease, high blood pressure, Type 2 diabetes, and certain types of cancer.”

Comment: Trans fat seems unnecessary here.  It is already out of most packaged foods.   Or maybe the committee thinks that leaving it off will give food companies permission to put hydrogenated oils back in?

The committee chose not to add sugars to this list:

The committee concurred that both added and naturally occurring sugars contribute to the caloric content of foods and beverages and overconsumption of high-calorie products can lead to obesity.  Highlighting calories per serving in nutrition rating systems would address this concern.

Comment: I think consumers want to know about added sugars in food products.  I certainly do.

Phase II comes next

It will examine designs and look at consumer understanding of the labels, and will discuss “the pros and cons of having a single, standardized front-label food guidance system that is regulated by the Food and Drug Administration.”

Presumably, Phase II will deal with questions that are not addressed in the Phase I report:

  • Will this scheme supersede all of the other labeling systems currently on food packages?
  • Will it be voluntary or mandatory?  For all food products, or just selected ones?
  • If the scheme is voluntary, why would food companies choose to use it since it mostly highlights the negatives—the nutrients to be avoided?
  • How will it affect the nutrient-content claims currently on food packages?  (Examples: “Contains 8 vitamins!”  “100% vitamin C!” “High fiber!”)
  • How will it affect shelf-labeling schemes such as the Nu-Val system used at Price Chopper supermarkets and the ANDI system used by Whole Foods?

FOP labels are about marketing, not health

This scheme, like the many others developed by food companies singly or together, is designed to help the public decide whether one highly processed, packaged food product is nutritionally better than another.

As I have discussed many times on this site, this approach raises a philosophical question: Is a slightly “better for you” food product necessarily a good choice?

I hope the committee will ponder this and some of my other questions as it enters Phase II.

Addendum: I gather from what I’ve heard about the press conference this morning that some of my questions were answered.  The FOP proposal will not affect nutrient content claims on the front of packages.  Companies will still be able to proclaim the nutritional benefits of their products in words and banners.  They just won’t be able to use them in whatever symbol gets chosen.  So what difference will this report make?  Not much, alas, except to get rid of the silly symbols in use right now.

Update, October 14:  William Neuman’s account of this event in the New York Times starts with this: “Tell us how your products are bad for us.”

Oct 2 2010

District court says Ohio can label milk rBGH-free

The Center for Food Safety reports that a Federal Appeals Court has overturned an Ohio state ban on label statements such as “rbGH Free,” “rbST Free” and “artificial hormone free” on milk from cows that have not been treated with genetically modified bovine growth hormone (a.k.a. bovine somatotropin, or rbST).

In ruling on the case, IDFA et al v. Boggs, the court said:

The district court held that the composition claims were inherently misleading because “they imply a compositional difference between those products that are produced with rb[ST] and those that are not,” in contravention of the FDA’s finding that there is no measurable compositional difference between the two.

This conclusion is belied by the record, however, which shows that, contrary to the district court’s assertion, a compositional difference does exist between milk from untreated cows and conventional milk (“conventional milk,” as used throughout this opinion, refers to milk from cows treated with rbST). As detailed by the amici parties seeking to strike down the Rule, the use of rbST in milk production has been shown to elevate the levels of insulin-like growth factor 1 (IGF-1), a naturally-occurring hormone that in high levels is linked to several types of cancers, among other things. The amici also point to certain studies indicating that rbST use induces an unnatural period of milk production during a cow’s “negative energy phase.” According to these studies, milk produced during this stage is considered to be low quality due to its increased fat content and its decreased level of proteins.

The amici further note that milk from treated cows contains higher somatic cell counts, which makes the milk turn sour more quickly and is another indicator of poor milk quality. This evidence precludes us from agreeing with the district court’s conclusion that there is no compositional difference between the two types of milk.

The court also said:

Like composition claims, production claims such as “this milk is from cows not supplemented with rbST” are potentially misleading because they imply that conventional milk is inferior or unsafe in some way. But neither the FDA nor any study has conclusively shown that to be the case.

Want to bet that this one goes to the Supreme Court?

Sep 26 2010

Forget previous post: that’s not what happened

Jessica Leighton, the FDA senior science advisory whose speech was quoted in Food Chemical News (I wrote about this yesterday) writes to tell me that she has been badly misquoted about the FDA’s plans for food labels.

The reporter, she says, appears to have mixed up a variety of talks or questions from the audience to the panel.

I said nothing about caffeine or “natural.”  I don’t remember mentioning the percent of key ingredients in parentheses after the ingredient name either.    I also said we are looking into added sugars but did not say we are doing anything about them.

I am taking her word for it and have taken down the post.  Apologies to all.

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Sep 14 2010

Corn Refiners ask FDA to replace “HFCS” with “Corn Sugar”

The Corn Refiners Association is asking the FDA to allow a change in the name of their embattled sweetener from High Fructose Corn Syrup (HFCS) to Corn Sugar.

Of course they want this change.  HFCS is the new trans fat.  Everyone thinks HFCS is poison.

For the record once again, HFCS is not poison.  It is just a mixture of glucose and fructose in almost the same proportions as table sugar, sucrose.

Mind you, I am not fond of the idea that Americans use 60 pounds of corn sweeteners per capita per year and another 60 pounds of table sugar, and I am not particularly eager to help the Corn Refiners sell more of their stuff.

But you can understand the Corn Refiners’ pain: food companies are getting rid of HFCS as fast as they can and replacing it with table sugar.

This move is driven not only by bad press, but also by the fact that the price differential has all but disappeared.  HFCS started out at one-third the cost of table sugar.  Growing corn to make alcohol changed all that.

Let’s give the Corn Refiners credit for calling a sugar a sugar.  I would prefer Corn Sugars (plural) to indicate that it is a mixture of glucose and fructose.  But as long as they don’t call it “natural,” the change is OK with me.

But I’m wondering if it’s too late.  Maybe anything with the word “corn” in it will be enough to turn people off?  According to the Associated Press, the Corn Refiners are already using Corn Sugar in their advertising, so we will soon find out.

Your thoughts?

Additional historical note: Thanks to a reader, candyprofessor.com, who is evidently a fount of information about such things, for this enlightening tidbit:

In the early 1900s, what we call “corn syrup” was sold as “glucose,” the chemical name for the type of sugar derived from corn starches. Food reformers pointed to the “glucose” in candy and claimed that candy was poisoned with “glue.”  So the corn producers lobbied to have “glucose” renamed “corn syrup.” Sounds like we’re coming around again full circle…now “corn syrup” is poison!

Updates, September 15: Tara Parker-Pope writes about this in the New York Times (and quotes me).  So does Michele Simon on her blog.  As usual, Simon says it like it is:

As a result of this demonizing, we are now in the ridiculous situation where food companies are falling over each other to remove HFCS from their products, slap on a natural label, and get brownie points for helping Americans eat better….Only Big Food would find a way to make a product full of refined white sugar (which at one time was also demonized) seem like a healthy alternative. It’s like I always say, the food industry is very good at taking criticism and turning it into a marketing opportunity.

How, I wonder, will the Corn Refiners manage this one?  Not so easily, judging from readers’ comments.

Update, September 16: Fo0dNavigator.com reports that more than half of Americans surveyed will not buy products with HFCS.  Market researchers are advising food companies to get rid of it.

Sep 13 2010

Department of Talmudic investigation: Define candy!

Caroline Scott-Thomas of FoodNavigator.com poses a question to which I must confess I had never given a thought: What, exactly, is candy?

Why would anyone care?  The Streamlined Sales Tax Governing Board cares a lot (and so do candy companies).  The Streamlined Board is devoted to helping states figure out how to impose simpler and more uniform taxes.  It is asking for comments on its current definition, which says that candy is:

A preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts or other ingredients or flavorings in the form of bars, drops, or pieces. ‘Candy’ shall not include any preparation containing flour and shall require no refrigeration.

The point of this definition is to clearly distinguish candy from cookies.  Cookies contain flour.  Candies, by this definition, do not.

Here is where things get deliciously Talmudic.  The Tax Board wants to modify the definition to explain what it means by “flour”:

For purposes of the definition of candy, “flour” does not include a product that can be called “flour” under the Food and Drug Administration’s food labeling standards if the product is not grain based. If only the word “flour” is listed on the product label, it is assumed that the product contains grain based flour. However, if the word “flour” on the label is preceded by a modifier used to describe the product the “flour” was made from and the modifier is not a type of grain, then the product is not considered to contain “flour” for purposes of the definition of candy. For example, flour substitutes or products that are not made from grain but which are finely milled so that they meet the Food and Drug Administration’s definition of “flour,” such as “peanut flour” or “cocoa flour” are not “flour” for purposes of this definition.

Isn’t this fun?  Scott-Thomas points out that under this flour rule, Reese’s Peanut Butter Cups and Three Musketeers are considered candy and taxable, but Kit Kat and Milky Way, which contain flour, would be cookies and exempt.  Apparently, the Tax Board does not view this distinction as arbitrary.

If you think it is a loophole, and that Kit Kat and Milky Way are getting off tax free, or you have other thoughts about how candy tax policies should or should not work, you are welcome to submit comments by September 27.  The Streamlined Tax Board has posted instructions about how to file comments on its website.

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Sep 8 2010

Is Bisphenol A safe? Partisan politics in action

Yesterday’s Science section of the New York Times carried a story by Denise Grady summarizing the present status of the arguments over the safety of the estrogen-disrupting chemical in plastics, bisphenol A (BPA).

Who knew that supposedly scientific decisions about whether BPA is safe or not would be mired in deadlocked partisan politics of the Republican vs. Democrats type?  As Grady explains,

Environmental groups and many Democrats want BPA banned, blaming it for an array of ills that includes cancer, obesity, infertility and behavior problems….Many Republicans, anti-regulation activists and the food-packaging and chemical industries insist that BPA is harmless and all but indispensable to keeping canned food safe by sealing the cans and preventing corrosion, and to producing many other products at reasonable prices.

Dianne Feinstein (Dem-CA) tried to get a ban on BPA inserted into the pending food safety bill.  Her plan

to ban BPA from baby bottles, sippy cups, baby food and formula was blocked by partisan battling. She had hoped that the ban would be included in the food safety bill, not merely in an amendment to be considered separately. But after months of wrangling, she gave up. The food industry, mostly supportive of the food bill, threatened to oppose it if the BPA provision got in. So did many Republican senators.

The scientific questions about BPA safety are complicated and difficult to answer, mainly because the doses are so low.  Here too, politics intervenes.  The article quotes Dr. Linda Birnbaum, director of the National Institute of Environmental Health Sciences.  She and other scientists say that

studies by university labs tended to find low-dose effects, and studies by government regulatory agencies and industry tended not to find them. The split occurs in part because the studies are done differently. Universities, Dr. Birnbaum said, “have moved rapidly ahead with advances in science,” while regulators have used “older methods.” Some researchers consider the regulatory studies more reliable because they generally use much larger numbers of animals and adhere to formal guidelines called “good laboratory practices,” but Dr. Birnbaum described those practices as “good record-keeping” and said, “That doesn’t mean the right questions were being asked.”

In the absence of firm science, regulators have two choices: exercise caution and ban the chemical until it can be proven safe (the precautionary principle) or approve it until it can be proven harmful.   In this case, I’m in favor of caution (see previous posts), not least because alternatives to BPA are available.

Your preference?

Sep 7 2010

International food politics: Carving up the UK’s Food Standards Agency

FoodProductionDaily.com has done an analysis of who does what under the new UK scheme for dividing food responsibilities and taking power away from the pesky Food Standards Agency, which had the nerve to actually try to regulate the food industry.

At a time when it is increasingly obvious that food regulations would be better served if under the authority of a single food agency, the UK is doing just the opposite.

Here in America, we have enough problems with food regulations divided between FDA and USDA.  The UK has done us one better.    It now has three agencies in charge.  See if you can make sense of any of these new responsibilities:

The Food Standards Agency

  • Scientific advice on the food safety aspects of date marking
  • Assessment and labeling of ingredients/foods with food safety implications (e.g. allergens, glycols, high caffeine, high glycyrrhizinic acid)
  • Food safety aspects of organic food and of foods controlled by compositional standards
  • Treatments and conditions of use with food safety implications (e.g. quick frozen foods, raw drinking milk and pasteurization, food contact materials)
  • GM and novel foods (including use of nanotechnology)
  • EU General Food Law regulation, including traceability of food
  • Codex Committees on Food Hygiene, Methods of Analysis and Sampling, Food Additives, Contaminants in Foods

Department for Environment, Food and Rural Affairs (a mix of our FDA, USDA, and EPA)

  • General lead on food labeling legislation and relevant EU negotiations
  • Lead on the EU Food Information proposal
  • Country of origin labeling
  • Food composition standards and labeling such as fruit juice and fruit nectars, jams and bottled water
  • Technical advice on compositional standards for food without specific legislation, such as soft drinks and cereal products
  • Fish labeling
  • Use of marketing terms e.g. natural, fresh, clear labeling, vegan and vegetarian labeling
  • Food authenticity program
  • Codex Committees for: Food Labeling, Processed Fruits and Vegetables, Fresh Fruits and Vegetables, Fats and Oils, Fish and Fishery Products, Europe, General Principles
  • Lead on Codex Alimentarius Commission, General Principles and Coordinating Committee for Europe

Department of Health

  • Nutrition related aspects of the EU food information regulation
  • Front of pack labeling
  • Food for particular nutritional uses (PARNUTS)
  • Infant formula and follow on formula
  • Health and nutrition claims
  • Food supplements
  • Calorie information in catering establishments
  • Codex Committee on Nutrition and Foods for Special Dietary Uses

This sounds to me like an ironclad guarantee that nothing will ever get accomplished.  But that, of course, was very point of taking so many responsibilities away from the Food Standards Agency.  That agency, alas, was actually trying to regulate the food industry, something no conservative government is willing to tolerate.

Let’s hope our FDA pays no attention.

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):

Children at roadside shelter, Northwest Pakistan. Photo: Mohammad Sajjad/AP

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.