Search results: food strategy

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

Food Navigator is an industry newsletter useful for keeping up with food industry interests.  In Special Editions, it collects articles on specific topics, this on on food for kids.

Special Edition: Food for kids!

Almost a third of American children aged 10-17 are dealing with overweight or obesity, and many are lacking in essential nutrients from potassium, dietary fiber and calcium, to vitamin D. So how can the food industry respond to these concerns and develop more nutritious, but appealing snacks, meals and beverages for kids? We explore innovations targeting every life stage, from a new wave of baby food brands to Paleo meat sticks for tweens.

• 60-second interview: Are kids’ diets getting better?   First, some sobering statistics* from the CDC: Almost one in five (17%) of Americans aged 2-19 are dealing with obesity, which affects 8.9% of 2-5-year-olds, 17.5% of 6-11-year-olds and 20.5% of 12-19-year-olds, and continues to disproportionately impact children from low-income families… Read
• RXBAR extends minimalist philosophy to school lunchboxes with new kids line: Chicago-based RXBAR’s new kid’s line is now available in 3,000 stores nationwide, providing a smaller version of the fastest growing bar by dollar growth in the natural and conventional channels, per measurement by market analytics firm Nielsen… Read
• Serenity Kids shakes up the baby food aisle with a new line of high-fat, meat-based purees: Despite the sustained popularity of the paleo diet that has spawned an entire industry of packaged products from soup to snacks to decadent desserts, parents who want their children to follow the trend have had to make their own baby food – until now… Read
• Veggie Go’s brings “healthy innovation” to the fruit snack aisle with launch of Bites: New parents who remember enjoying classic fruit snacks growing up but who struggle to justify giving them to their children in the current era of clean eating and better-for-you foods now have a new option from Veggie Go’s that the company says they can share with their kids guilt-free. .. Read
• Soup-To-Nuts Podcast: Tweaking ads to show cooking with kids makes brands relatable: Images of mom preparing dinner alone in the kitchen for her busy family have been a staple in food and beverage marketing for decades, but new consumer research from the Benenson Strategy Group suggests brands that continue to recycle this theme are missing the mark with modern families and their sales could suffer as a result. .. Listen now
• Amara Organic Foods: We’re pioneering a new category in baby food: Innovation in the baby food aisle has come in waves. First came jars, then shelf stable pouches, and most recently a new generation of HPP (high pressure processed) refrigerated brands carving out a premium niche in the category. But could freeze-drying and other techniques open up another – more affordable – sub-segment?.. Read
• Brands, health advocates & FDA strive to ensure children go to school with breakfast: With one in six children in the US and one in five in Canada entering classrooms hungry each morning, food service players, CPG manufacturers, FDA and non-profits are raising awareness about the importance of breakfast and striving to feed more children at the start of the day… Read
• Kidfresh co-founder: We’re bringing Millennials to the frozen aisles: Cynics might argue that junk food is junk food, whether it comes in green-hued packaging and eschews artificial colors, flavors and preservatives, or not. Kidfresh co-founder and CEO Matt Cohen begs to differ. .. Read
• Sports drinks, fresh fruits top back-to-school grocery lists: Sports drinks seem to signal the start of the school year, according to numbers crunched by market data firm Nielsen… Read
• NurturMe CEO shares what it takes to secure accounts with ‘top tier’ retailers: After years of knocking on the doors of top tier retailers and hearing no, baby and toddler food company NuturMe is finally hearing yes from major players including Target, Kroger and Costco – a change the company’s CEO attributes to the brand’s new “Tummy Friendly” positioning… Read
• Children’s snacks are ‘complete white space’ for paleo products, says exec from The New Primal: As the primal or paleo trend continues to mature, subscribers are no longer restricted to fitness enthusiasts and CrossFitters who served as ground-zero for the diet, according to Jason Burke, co-owner and founder of meat snack company The New Primal. .. Read

Healthy Food America is a relatively new organization.  Based in Seattle, it

Acts on science to drive change in policy and industry practice so that all people can live in places where nutritious food is easy to obtain and exposure to unhealthy products is limited..  We are coordinating with other advocates to energize a national movement to roll back added sugars in food and beverages to healthful levels.​

It runs a blog, publishes a newsletter, and produces useful information.  I was particularly interested in its information on diet drinks.

It’s Policy Brief discusses whether or not artificially sweetened beverages should be included in soda tax initiatives.

Sugary drink taxes were conceived of as a strategy to prevent chronic health conditions by reducing consumption of sugar. Recently, however, some jurisdictions have included artificially sweetened, or “diet”, beverages. There is strong scientific evidence associating sugary drinks with higher rates of chronic diseases such as type 2 diabetes, heart disease, high blood pressure, liver disease and dental disease. The evidence of harm from diet drinks is less certain.  Therefore, we recommend not including diet drinks in beverage taxes.

Its Research Brief summarizes the evidence linking artificially sweetened beverages to disease risk.

This research brief summarizes:

1) reviews or meta-analyses of prospective cohort studies that analyzed the association between ASB consumption and disease risk,

2) randomized trials that studied the metabolic and health effects of ASB consumption, and

3) randomized trials that studied the effect of ASB consumption on weight loss.

Reviews and meta-analyses were restricted to those published in the last 5 years, to ensure that this brief reflected the latest science. All studies were obtained through PubMed searches.

It helps to have all this.

Here is another one of FoodNavigator-USA’s Special Editions, meaning collections of its articles on specific topics written mostly from the perspective of food beverage companies.  This one is on trends in commercial beverages, and is highly relevant to food politics.

Special Edition: Beverage trendwatching

Few sections of the store are as dynamic as the beverage aisles. Meanwhile, the pressure to ‘clean up’ labels continues unabated. But how can we distinguish passing fads from sustainable trends? And who are the entrepreneurial companies driving innovation in this category?

• Experts weigh in on what the next ‘it’ beverage will be as sales for the once all supreme soda slow: For years, carbonated soft drinks were the go-to choice for Americans to quench their thirst and boost their energy, but in recent years the category has begun to falter – creating an opening for a bevy of innovative beverage brands to emerge, according to industry research. .. Read
• Bone broth sales more than tripled in 2016, albeit off a very small base: The bone broth category (shelf-stable and refrigerated) is pretty small in the scheme of things, but it’s growing rapidly, with US retail sales more than tripling to $19.7m in the 52 weeks to Jan 22,* fueled by a small but highly engaged set of health conscious consumers, Paleo enthusiasts and Whole30 fans, says one fast-growing player… Read
• AQUAhydrate targets ‘everyday warriors’ as premium pH segment continues to grow: Celebrity-backed AQUAhydrate has doubled its distribution over the past 18 months from around 30,000 to 60,000 outlets by appealing to a broad set of ‘everyday warriors’ it claims are seeking out more premium products and aspirational brands in the bottled water set… Read
• LIVE Beverages Founder: ‘Drinking vinegars are where kombucha was 4 years ago’: LIVE Beverages founder and CEO Trevor Ross sees great potential for the drinking vinegar category. He started the brand by launching a line of kombucha back in 2013, what he saw would “become a pretty crowded category.”.. Read
• The Dairy Aisle: La Colombe’s clever strategy to stand out in the crowded cold coffee category: Around 80% of La Colombe’s Draft Latte product is milk, so why not place it in the dairy section? That’s what ran through the mind of EVP of sales Kyle O’Brien, and retailers are going with it… Read
• Could molecular hydrogen infused water carve a niche in the functional beverages category?  In regular water, hydrogen is bound to oxygen (H2O) making it “difficult for our bodies to enjoy the [antioxidant/anti-inflammatory] benefits of hydrogen,” claims the company behind Hfactor, which contends that dissolving hydrogen gas into water via a patent-pending process enables Hfactor to deliver a variety of potential health benefits… Watch now
• Drinking vinegar could be the next kombucha if it can overcome four major hurdles: While most Americans remain unfamiliar with drinking vinegar, the category is gaining traction and could be the next kombucha if manufacturers work together to promote its many benefits and uses, according to one segment player. .. Read
• State bills call for warnings about risks associated with synthetic dyes & sugar-sweetened beverages
• Two California state senate bills would mandate controversial warnings on some foods and beverages, and if enacted could start a domino effect among other like-minded states, potentially creating a patchwork of laws and compliance headache for national brands… Read
• Packaging and sweeteners have most room for innovation, says Imbibe beverage expert: What does it mean to innovate in the beverage space? We speak with a beverage trends expert to find out more… Read
• Sparkling ICE unveils $37m ad campaign, queries soda tax inconsistencies: ‘It’s a mess’: Talking Rain Beverage Co has unveiled a $37m national ad campaign that president Kevin Klock says will give Sparkling ICE a stronger brand identity – something it has historically lacked, despite its meteoric growth (estimated retail sales have surged from around $10m in 2011 to well over $600m today)… Read
• Post Mexico’s sugar-sweetened beverage tax, purchases of levied beverages have fallen 7.6%, says study: Mexico’s sugar tax may have influenced beverage purchase decisions of Mexican households in urban areas, according to a follow up study by University of North Carolina Chapel Hill researchers… Read
• Plant-based water sales predicted to double by 2020: The trend for healthy hydration is driving growth in plant-based waters, with global sales growing 21% in 2016 to reach sales of more than $2.7bn… Read
• Ag Committee weighs whether SNAP should pay for sugary drinks: Prohibiting the purchase of sugar-sweetened beverages and other “unhealthy” foods and beverages with SNAP benefits, also known as food stamps, likely would not discourage their consumption, but would be costly and difficult for retailers to implement, industry stakeholders argued on Capitol Hill last week. .. Read
• Soup-To-Nuts Podcast: Countering the impact of climate change on coffee: Every year more people wake up to coffee or use it to fuel their day, but according to a comprehensive report recently published by the Climate Institute. this early morning ritual, and everything that goes into making it possible, face significant threats from climate change. .. Listen now

The congressional watchdog Government Accountability Office (GAO) has just published its latest plea for coordinating federal food safety programs: A National Strategy Is Needed to Address Fragmentation in Federal Oversight.

GAO persists in pointing out that 16 federal agencies administer 30 laws government food safety and quality, although USDA (meat and poultry) and FDA (everything else) have the greatest responsibility.

Despite some progress, GAO’s long-standing recommendation for a single, unified food safety agency continues to be ignored.

HHS’s and USDA’s efforts since 2014 are positive steps toward government-wide planning, but OMB has not addressed our recommendation for a government-wide plan for the federal food safety oversight system. Without an annually updated government-wide performance plan for food safety that includes results-oriented goals, performance measures, and a discussion of strategies and resources…Congress, program managers, and other decision makers are hampered in their ability to identify agencies and programs addressing similar missions and to set priorities, allocate resources, and restructure federal efforts, as needed, to achieve long-term goals. Also, without such a plan, federal food safety efforts are not clear and transparent to the public.  OMB staff told us that they were not aware of any current plans to develop a government-wide performance plan for food safety.

The footnotes list previous GAO reports aimed at rationalizing our food safety system, among them:

• GAO, High-Risk Series: An Update, GAO-15-290 (Washington, D.C.: Feb. 11, 2015), GAO-15-180.
• GAO, Federal Food Safety Oversight: Food Safety Working Group Is a Positive First Step but Government-wide Planning Is Needed to Address Fragmentation, GAO-11-289 (Washington, D.C.: Mar. 18, 2011)
• GAO, High-Risk Series: An Update, GAO-07-310 (Washington, D.C.: January 2007)
• GAO, Food Safety: U.S. Needs a Single Agency to Administer a Unified, Risk-Based Inspection System, T-RCED-99-256 (Washington, D.C.: Aug. 4, 1999).
• GAO, Food Safety: A Unified, Risk-Based System Needed to Enhance Food Safety, T-RCED-94-71 (Washington, D.C.: Nov. 4, 1993)
• GAO, Food Safety and Quality: Uniform, Risk-based Inspection System Needed to Ensure Safe Food Supply, RCED-92-152 (Washington, D.C.: June 26, 1992)
• GAO, Need to Reassess Food Inspection Roles of Federal Organizations, B-168966 (Washington, D.C.: June 30, 1970).

One of these years, maybe?

Every now and then something reminds me about food nanotechnology, the use of molecular size nanoparticles to whiten or improve the safety or shelf life of processed foods (see previous posts on the topic).

What brought this on is a recent report from Australia that sounds all too familiar.  Friends of the Earth commissioned tests and found “nanoparticles of titanium dioxide and silica in 14 popular products, including Mars’ M&Ms, Woolworths white sauce and Praise salad dressing.”  Australian regulators, however, have denied that nanoparticles are in use “because no company had applied for approval.”

Last year, Friends of the Earth did the same in America.  Its report, “Tiny Ingredients Big Risks,” documents nanomaterials in more than 90 food products, among them Jet Puffed Marshmallows, Trix Cereal and Nestle Original Coffee Creamer.

Nanoparticles are really small (10^-9 meters, or one millionth of a millimeter).  How they work and what they might do to the human body is greatly in need of research.

The FDA’s guidance to industry—nonbinding and, in my opinion, not particularly helpful—says nanoparticles are safe in foods but that companies using them should let the FDA know about it.

It is prudent practice for you to do so, particularly when the manufacturing process change involves emerging technologies, such as nanotechnology…The consequences (to consumers and to the food industry) of broadly distributing a food substance that is later recognized to present a safety concern have the potential to be significant…FDA does not categorically judge all products containing nanomaterials or otherwise involving application of nanotechnology as intrinsically benign or harmful. Rather, for nanotechnology-derived and conventionally-manufactured food products alike, FDA considers the characteristics of the finished product and the safety of its intended use.

Are they really safe?  Nobody knows, leaving much room for unease, as Twilight Greenaway pointed out in Grist in 2012.  Her Grist colleague Tom Philpott wrote about this question even earlier—in 2010: “The strategy seems to be: release into the food supply en masse first; assess risks later (if ever).”

This is not reassuring

Web MD suggests that “while researchers are still sorting it out, avoid heavily processed foods, and read labels if you’re concerned.”

Good advice, and another reason to avoid heavily processed foods.

The School Nutrition Association’s bizarre opposition to the USDA’s nutrition standards for school meals has stimulated research.

Three studies show the benefits of healthier school meals.

1.  From The Rudd Center, now at U. Conn: A press release announces publication of its new study in Childhood Obesity demonstrating that the rules have led to an increase in fruit consumption without increasing plate waste.

USDA, understandably pleased with this result, quotes Secretary Tom Vilsack in a press release:

For Congress to meddle with doctors’ recommendations and go back to less healthy meals now would not be in the best interest of our children.

2.  From the Harvard School of Public Health: It also sends a press release to announce its study demonstrating that an increase in consumption of fruits and vegetables is a direct result of the new USDA standards, and that these also do not increase plate waste.

3.  From the Union of Concerned Scientists: UCS announces a new position paper, “Lessons from the Lunchroom: Childhood Obesity, School Lunch, and the Way to a Healthier Future,” also documenting why school meals are so important to kids’ health. This report comes with an explanatory Infographic.

All of these aim to head off congressional opposition to the new standards and keep them in place.

Let’s hope this science-based strategy does some good.

Postscript:  Dana Woldow argues that the school food scene would be much easier if schools actually got enough money to pay for what they serve and for decent wages to school food service workers.  

I like the special editions of the business newsletter, FoodNavigator USA.  This especially big one collects its recent articles on sodium reduction—a big issue these days.   These give a good idea of how food companies are dealing with pressures to lower their salt content.

It’s expensive, risky, and difficult, but manufacturers have made huge progress on sodium reduction in recent years. But how much further can they go, and where is the return on investment if consumers are at best indifferent to their efforts, or at worst downright suspicious?

This special edition explores the challenges of sodium reduction, and asks whether it’s falling down the food policy agenda in the US, but also provides examples of creative solutions that can help manufacturers reduce it without compromising on taste or functionality.

Is sodium reduction falling down the food policy agenda?  Four years ago sodium was public enemy #1. The Institute of Medicine (IOM) was calling for the FDA to modify the GRAS status of salt and slash the daily value for sodium to 1,500mg, and the food industry was on high alert. Today, sugar is the new bogeyman, and while sodium intakes remain stubbornly high, the FDA has yet to issue voluntary guidelines. So is sodium reduction falling down the food policy agenda?

AHA education campaign pressures food manufacturers to reduce sodium: The American Heart Association says its recently launched consumer education campaign encouraging Americans to “break up with excess salt” seeks to “build an army of passionate and willing supporters” to pressure food manufacturers to reduce sodium in packaged foods.

Advanced technology eases sodium reduction efforts: Advances in technology can help firms more quickly and easily reduce sodium in breads and grain-based packaged foods – a previously repetitive and expensive trial and error process, according to Janice Johnson, food applications leader in salt at Cargill.

Will proposals to mandate potassium labeling on the Nutrition Facts panel give potassium-chloride based sodiumreplacers a shot in the arm?  Some food manufacturers still worry that using potassium chloride to replace salt in their recipes might compromise their clean label credentials. But the FDA’s recent proposal to include potassium as one of the nutrients that must be listed on the Nutrition Facts panel is helping to change that mindset, says NuTek Salt.

Sodium reduction: has all the low-hanging fruit been plucked?  Food manufacturers are under increasing pressure to reduce sodium, but surveys suggest many shoppers are, well, not that bothered. So where does this leave firms plugging sodium reduction solutions?

Reformulation by stealth: Just 2% of new launches in salty snacks make overt sodium reduction claims: The vast majority of sodium reduction activity in the US food industry is now being conducted by ‘stealth’ in order to avoid alienating shoppers, according to Tate & Lyle.

Industry to FDA: Think again before setting category-by-category sodium reduction targets.  Two leading food industry associations have urged the Food and Drug Administration (FDA) not to set category-by-category limits for sodium amid rumors that the agency is planning to outline a new sodium reduction strategy this year.

Can seaweed become the ultimate salt replacer – and why hasn’t it yet?  Seaweed is well-researched, sustainable and effective, according to an expert. So what is stopping it from really taking off as a salt replacer?

Mandatory salt reduction could save more in healthcare costs: Study.  Mandatory salt reduction may save more in healthcare costs than the current voluntary system, say the authors of a study published in Value in Health.

Myth busting? High salt intake may not increase thirst:  It is commonly believed that consumption of salty foods increases thirst, and could be a reason for increased consumption of sugary soft drinks and alcoholic beverages. But just how true is this notion?

Are salt reduction efforts reflected in heart health?  Salt reduction efforts around the world are making progress – but how has lower salt consumption affected health?

Salt substitutes help reduce blood pressure.  Efforts to reduce consumer blood pressure and risk of hypertension by replacing normal salt with blends of potassium chloride, magnesium sulfate and less sodium chloride are working, but may be more effective in countries where the majority of salt comes from home cooking, according to a meta-analysis in the December American Journal of Clinical Nutrition.

‘Quiet’ salt reduction is vital – but gourmet salt growth may stifle industry efforts.  Salt replacer use is growing but low salt claims are not, as food companies favour a ‘quiet’ approach – but growth in gourmet table salts may threaten salt reduction efforts.

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