Food Politics

by Marion Nestle
Mar 23 2023

Milk Marketing Orders: an attempt to understand the system

According to USDA,

Federal Milk Marketing Orders (FMMOs) establish certain provisions under which dairy processors purchase fresh milk from dairy farmers supplying a marketing area. ..A marketing area is generally defined as a geographic area where handlers compete for packaged fluid milk sales…Federal orders serve to maintain stable marketing relationships for all handlers and producers supplying marketing areas, thus facilitating the complex process of marketing fresh milk.

USDA has a brochure on how the program works.

FMMOs establish monthly uniform prices paid to farmers by first classifying milk by its end use. The FMMO then pools the value of that milk and shares that value among the farmers participating on that marketing order. Pooling allows farmers to receive the uniform price of all milk in the pool regardless of what end product their milk was used for. In this way, pooling makes a farmer’s payment independent of how the milk was used.

Got that?

Here are the current milk marketing regions:

I have to confess that Milk Marketing Orders are beyond me, but I am trying .  I understand the basics.  They are supposed to do three things: (1) establish minimum prices paid to dairy farmers, (2) ensure payments are accurate and timely, and (3) provide market information.

To try to understand how this works, I subscribe to AgriPulse News (“Providing balanced coverage of the food, fuel, feed, and fiber industries”).

From AgriPulse, I learned:

After more than two years of discussion and more than 130 meetings, the National Milk Producers Federation Board of Directors unanimously endorsed a comprehensive plan to correct shortcomings exacerbated during the pandemic regarding pricing regulations for milk.

Among the proposed changes, NMPF called for a return to the “higher of” Class 1 mover that was changed in the last farm bill.
NMPF also recommended that USDA update make allowances and review them every two years. Make allowances are based on estimates of what it costs to convert a hundredweight of raw milk into commodity dairy products such as cheese, butter, whey and nonfat dry milk.

NMPF plans to submit its proposal to USDA for a hearing and a potential producer referendum on the order’s modernization yet this year. The International Dairy Foods Association previously said it would request a hearing only on the make allowances request.

I looked at the comprehensive plan.  Here are NMPF’s requested changes to the Federal Milk Marketing Order System:

  • Returning to the “higher of” Class I mover;
  • Discontinuing the use of barrel cheese in the protein component price formula;
  • Extending the current 30-day reporting limit to 45 days on forward priced sales on nonfat dry milk and dry whey to capture more exports sales in the USDA product price reporting;
  • Updating milk component factors for protein, other solids and nonfat solids in the Class III and Class IV skim milk price formulas;
  • Developing a process to ensure make-allowances are reviewed more frequently through legislation directing USDA to conduct mandatory plant-cost studies every two years;
  • Updating dairy product manufacturing allowances contained in the USDA milk price formulas; and
  • Updating the Class I differential price system to reflect changes in the cost of delivering bulk milk to fluid processing plants.

For starters, what is a “Class I mover?”  For this, I need help.

The USDA classifies milk into four categories:

CLASS I – Milk used for beverages including eggnog and ultra-high temperature (UHT) milk.

CLASS II – Milk used for soft products. This includes cottage cheese, ricotta cheese, pot cheese, Creole cheese, milk shake and ice milk mixes, frozen desserts, aerated cream, frozen cream, sour cream, half-n-half, yogurt, custards, puddings, pancake mixes, batter, buttermilk biscuit mixes, infant or dietary formulas packaged in hermetically sealed containers, candy, soup and bakery products for general distribution to the public including sweetened condensed milk used for manufacture of aforesaid products, and fluid cream or any product containing artificial fat or fat substitutes that resemble fluid cream.

CLASS III – Milk used in the manufacture of cream cheese and other spreadable cheeses, and hard cheese of types that may be shredded, grated, or crumbled. It also includes plastic cream, anhydrous milkfat, and butteroil.

CLASS IV – Milk used to produce butter, any milk product in dry form and evaporated or sweetened condensed milk in a consumer-type package.

But a Class I mover?  I cannot find a definition, although I can easily find examples of how it’s used.

The Federal Milk Marketing Order (FMMO) advanced Class I base price hit another eight-year high in March, but the change in the Class I mover formula implemented in 2019 reduced what might have been an even higher price paid to producers.

Announced by the USDA’s Agricultural Marketing Service on Feb. 16, the March I base price is $22.88 per hundredweight (cwt), up $1.24 from February 2022 and $7.68 more than March 2021. It’s also the highest since November 2014.

At $3.12 per cwt, the difference between the advanced Class III skim milk pricing factor ($10.59 per cwt) and the advanced Class IV skim milk pricing factor ($13.71 per cwt) grew substantially. That means producers will see a negative impact using the “average-of plus 74 cents” Class I mover compared to the old “higher-of” formula.

Based on Progressive Dairy calculations, the Class I mover calculated under the higher-of formula would have resulted in a Class I base price of $23.67 per cwt, 79 cents more than the price determined using the average-of plus 74 cents formula. That difference is up from 51 cents per cwt in February.

I give up.  If anyone can explain this to me, please do.

This is what you are up against if you want to understand why milk prices are rising at grocery stores.

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For 30% off, go to www.ucpress.edu/9780520384156.  Use code 21W2240 at checkout.

 

Mar 22 2023

Lunchables (OK, reformulated versions) are heading for a school near you

My email inbox last week was full of notes from people  who did not want me to miss the latest school food news: Lunchables—the prototypical ultra-processed meals, some made for kids—can now be sold and fed in schools (thanks Will Rosenzweig).

Starting this year, school administrators will be able to buy two different Lunchables offerings for the 2023-2024 school year: Turkey and Cheddar Cracker Stacker and Extra Cheesy Pizza, Kraft Heinz spokesperson Jenna Thornton told NBC News…the two Lunchables now meet National School Lunch Program guidelines and “have a specialized recipe that incorporates more protein and whole grains,” “reduced saturated fat and sodium, and an increased serving size.”

Supposedly, the meals have been modified—heIngredient list regular Lunchables cheese pizzare’s what Lunchables Turkey & Cheddar looks like—to meet USDA standards for school meals.

According to the accountof this  in The Guardian,

Kraft Heinz executive vice-president Carlos Abrams-Rivera said the company has produced two new varieties of specially formulated Lunchables containing “improved nutrition” so that they can become part of the National School Lunch program, which provides lunch daily to nearly 30 million students across the US.

I wanted to see an ingredient list.  Do they meet the NEW nutrition standards recently proposed by the USDA?

  • I searched for Nutrition Facts and ingredient lists for these products but could not find them online.
  • I called the consumer hotline at Kraft/Heinz.  After about 20 minutes of searching, the representative told me she did not have that information and I would have to get it from a school food salesperson.
  • Calls to the USDA’s Food and Nutrition Service also did not turn up the basic nutition information (thanks Jerry Mande).
  • Neither did calls to New York City’s school food people (thanks Pam Koch).

But then a reader sent me the Kraft/Heinz “sell sheet” (thanks Alexina Cather):

She then followed up by sending me these documents (thanks Alexina)

That reader also sent Nutrition Facts panels for the school lunch cheese pizza (330 calories) and the school lunch turkey & cheddar (270 calories).

Product reformulation for the school lunch cheese pizza

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gulp.  Nutritionism in action: if it meets standards for salt and sugar, it’s OK?  I don’t think so.

It’s still ultra-processed.  How about serving kids real food?

School-based Lunchables raise the question: is a slightly better-for-you product necessarily a good choice?

Not in this case.

The entire idea of reformulated branded products is just plain wrong.

Why?  Because these products are advertisements for the brand’s regular offerings.  Nobody explains this better than Michael Moss in this short video.

 

 

Thanks again to Will Rosenzweig, Jerry Mande, Alexina Cather, Pam Koch, and Michael Moss for all the help with this.

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For 30% off, go to www.ucpress.edu/9780520384156.  Use code 21W2240 at checkout.

 

 

 

Mar 21 2023

The FDA responds

My post last week on the FDA’s lack of action on ensuring the safety of infant formula elicited this response from Taryn WebbHealth Communications Specialist at CFSAN/FDA:

Hi Marion,

In your article below, “Alarming (in)action from the FDA,” you assert that “If FSMA did not require companies to notify the FDA when they found contamination, the FDA should be going to Congress to get that authority to announce its rulemaking to get that authority.” These statements could mislead readers to believe that the agency has not taken action to obtain this authority from Congress. In fact, the FDA is specifically seeking new authority to compel reporting of product positive test results for relevant pathogens (see FY 24 FDA Legislative Proposal titled, “Product Testing Requirements for Foods Marketed for Consumption by Infants and Young Children,” available at: https://www.fda.gov/about-fda/reports/budgets). Furthermore, the statement “FDA should…announce its rulemaking to get that authority,” is factually incorrect as without statutory authority, we are not in the position to undertake rulemaking to require such reporting. To reiterate what appears to be a point of confusion, the FDA cannot create authorities that we do not have through rulemaking. We did notice that you later updated your article at the very bottom to note that FDA did request such authority. However, your initial article and email distribution to readers contained incorrect information.

We are seeing a troubling pattern of articles with erroneous information that then get amplified. In the future, we would appreciate it if you contacted us before publishing articles that are solely about FDA so that we can provide you with the most up-to-date, correct information. You can reach out to our communications staff, which include myself and Jen Dooren (copied here) or by emailing CFSANTradepress@fda.hhs.gov.

As I see it, the “troubling pattern” here is FDA’s responses to advocates like me who want to support this agency’s role in making sure food companies in general—and infant formula companies in particular—do not produce unsafe food.  I want to encourage the FDA  to put public health as its first and immediate priority, as it is supposed to as an agency of the US Public Health Service.

I did not know about the FDA’s request to Congress.  The agency did not publicly announce it was asking for that authority.  I only learned about it from Helena Bottemiller Evich’s Food Fix newsletter, to which I subscribe.  I corrected my post as soon as I could.

Evich has her own issues with the FDA.  In her Food Fix letter last Friday, she said:

I updated last week’s post on FDA asking (not telling) infant formula makers to disclose contamination to clarify that the agency has determined it doesn’t have the authority to require this disclosure.  It’s perfectly normal for an agency to seek a clarification on something, as FDA did here, and I was happy to update the post – no problem. What I did take issue with, however, is FDA Commissioner Robert Califf characterizing the coverage as “misinformation” on Twitter.

…As I reported in Tuesday’s newsletter, FDA asked Congress last week for this test reporting authority in a budget document. This is notable, but it raises another critical question: Why didn’t the agency formally make this request earlier? It wasn’t in the agency’s budget request last year. It’s been more than a year since the massive Abbott Nutrition infant formula recall, and we’ve seen a handful of smaller recalls over Cronobacter concerns in recent months. And infant formula shortages and disruptions continue in many parts of the country.

If she didn’t know that FDA had asked Congress for test-reporting authority, it’s because the FDA wasn’t screaming for it as it should have been doing from the moment the infant formula crisis began.

The lives of infants are at stake.

Here what I wish the FDA had said from the beginning of the infant formula crisis and would still say:

“Marion, we are devastated by what has happened with infant formulas.  We can’t sleep for worrying about how we can protect infants from harm.  We are doing everything in our power to force formula producers to make sure their prevention controls are in place and monitored.  We never want this to happen again and won’t stop pushing them until we are sure infant formula is safe.”

I apologize for my error.  But I stand by my concerns.  FDA: If you want the troubling pattern to go away, fix the problem.

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For 30% off, go to www.ucpress.edu/9780520384156.  Use code 21W2240 at checkout.

 

Mar 20 2023

Industry-funded studies: null results!

I’m often saying that industry-funded studies tend to produce results that favor the funder’s commercial interests.  This is true, but there are occasional exceptions.

Here, for example, are two studies based on grants from the American Pistachio Growers to the same group of investigators.  Both are randomized clinical trials with results that must have disappointed the funder.

I. Effects of short-term pistachio consumption before and throughout recovery from an intense exercise bout on cardiometabolic markers

Results: Two weeks of pistachio consumption failed to elicit changes in any biomarker (p < .05).. .Overall, in healthy young men with normal blood lipid and glucose metabolism, little effect of either pistachios or intense exercise on cardiometabolic risk indicators was detected.

II. Influence of pistachios on force production, subjective ratings of pain, and oxidative stress following exercise-induced muscle damage in moderately trained athletes: A randomized, crossover trial.

Results: Creatine kinase, myoglobin, and C-reactive protein increased over time following exercise (p < 0.05); however, there were no advantages following pistachio consumption. No significant changes in vertical jump or superoxide dismutase were elicited during any trial.

Comment:  The second paper put a positive spin on the basically null results: “This study demonstrates that 3.0 oz/d of pistachios can reduce delayed onset of muscle soreness and maintain muscle strength, potentially promoting exercise tolerance and training adaptations.”  My question is why anyone would think that pistachios would make any difference anyway.  They are one food in the diets of people who eat many othere kinds of foods.  I’m all for eating pistachios, if you like them, along with lots of other healthy foods.  There is only one reason to do this kind of one-food research—for marketing purposes.

You don’t believe this?  Check out the nutrition and health section of the Pistachio Growers website.  You can’t make this stuff up.

Hey.  If that’s all it takes, give it a try (I guess).

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For 30% off, go to www.ucpress.edu/9780520384156.  Use code 21W2240 at checkout.

 

Mar 17 2023

Weekend reading: IPES Food

If you aren’t familiar with IPES Food, here is your chance.

IPES-Food – the International Panel of Experts on Sustainable Food Systems – is a diverse and independent panel of experts guided by new ways of thinking about research, sustainability, and food systems. Since 2015, IPES-Food has uniquely shaped the debate on global food systems reform, through policy-oriented research and direct engagement with policy processes.

The IPES Food panel is an impressive bunch, starting with its co-chairs, Olivier De Schutter, currently UN Special Rapporteur on extreme poverty and human rights, and Maryam Rahmanian, independent expert on agriculture and food.

Their two most recent reports:

I.  Smoke & Mirrors: Examining competing framings of food system sustainability 

This comes with a background report: Agroecology, Regenerative Agriculture, and Nature-Based Solutions: Competing framings of food system sustainability in global policy and funding spaces.

Together, these cover those key terms, their emergence and evolution, and the ways they are used in global policy and funding.

The report favors use of Agroecology:

Agroecology, and in some uses regenerative agriculture, offer a more inclusive and comprehensive pathway toward food system transformation because they connect social
and environmental aspects of sustainability, address the whole food system, is attentive to power inequalities, and draws from a plurality of knowledges emphasizing the inclusion of marginalized voices.

II.  Special Report: Debt & Food Crisis: Breaking the Cycle of Unsustainable Food Systems, Hunger and Debt

Unsustainable food systems, this says, are major drivers of “the debt crisis. Import dependencies, extractive financial flows, boom-bust commodity cycles,” leaving countries exposed to shocks and unable to invest in climate-resilient food production and food security.

The IPES panel calls for:

  • Debt relief and development finance
  • Reparation of historical food system injustices and the return of resources to the Global South.
  • Putting the interests of the world’s poorest countries and marginalized populations first.

The documents

IPES Food deals with Big Picture issues.  What they say is worth attention.

Mar 16 2023

The politics of chocolate: a few items with comment

Mars convinces emerging market consumers to eat more chocolate, the Financial Times reports.

Mars has embarked on a drive to convince developing country consumers to eat more chocolate, claiming it is on track to double the value of its confetionery sales in emerging markets in teh five years to 2024….”The amount of chocolate that an Indian or Mexican consumes is 10 times or less than a European…So there is a gigantic opportunity take that low…per capita consumption closer to Europe.”

[In response to a question about the health effects of eating more chocolate] “To continue to be a super successful snacking company, we need to evolve our portfolio…and offer choices….If you go to India, you go to Mexico right now, you will see new offerings [from] us that are playing at the lower price point that didn’t exist [before].”

Lead and cadmium could be in your dark chocolate,says Consumer Reports.

CR tested a mix of brands, including smaller ones, such as Alter Eco and Mast, and more familiar ones, like Dove and Ghirardelli.

For 23 of the bars, eating just an ounce a day would put an adult over a level that public health authorities and CR’s experts say may be harmful for at least one of those heavy metals. Five of the bars were above those levels for both cadmium and lead. Read more about how CR tested dark chocolate (PDF).

NCA [National Confectioners Association] issues statement on Consumer Reports study into heavy metals in chocolate and cocoa.

Chocolate and cocoa are safe to eat and can be enjoyed as treats as they have been for centuries.  The…guidelines cited in the Consumer Reports study are not food safety standards…cadmium and lead are present in cocoa and chocolate due to soil and that bean cleaning during processing cocoa beans reduces lead and cadmium in chocolate products.

[and, of course] Food safety and product quality remain our highest priorities and we remain dedicated to being transparent and socially responsible.

Hershey debuts plant-based Reese’s and chocolate bar: The confections, which will hit shelves in March and April, are made with oats. This will be the first time the company offers permanent products in the category.

Comment

I don’t particularly like dark chocolate anyway.  Milk chocolate will have fewer heavy metals because it contains less cocoa and the Consumer Reports article is quite clear on which chocolates have fewer heavy metals.

But all of these items are about how to sell more chocolate which, alas, is not exactly a health food.  Do people in Mexico and India need more chocolate in their diets?  of course not, but chocolate companies “need” more sales regardless of health consequences.

This is about profits to shareholders, not public health.

And of course chocolate has a place in healthy diets—just not one that requires eating more of it.

Mar 15 2023

FDA allows health claim for cocoa flavanols, sort of

Here’s what the FDA is doing these days.

To  my astonishment, the FDA says it will allow a health claim for cocoa flavanols and reduced risk of cardiovascular disease.

OK, it’s a qualified health claim, but still.  The whole thing is absurd.

Qualified health claims are just that; they have to include the qualifier which usually says there’s no or not much research to back up the claim.

The FDA gives several examples of what it will allow.  Here are two:

  • “Cocoa flavanols in high flavanol cocoa powder may reduce the risk of cardiovascular disease, although the FDA has concluded that there is very limited scientific evidence for this claim.”
  • “Very limited scientific evidence suggests that consuming cocoa flavanols in high flavanol cocoa powder, which contains at least 4% of naturally conserved cocoa flavanols, may reduce the risk of cardiovascular disease.”

The FDA also says:

This qualified health claim only applies specifically to cocoa flavanols in high flavanol cocoa powder and foods that contain high flavanol cocoa powder. The claim does not apply to regular cocoa powder, foods containing regular cocoa powder, or other food products made from cacao beans, such as chocolate.

Not that anyone can tell the difference.

This silliness came about because  of a petition from the chocolate company, Barry Callebaut AG in Switzerland.

My surprise was that Callebaut was behind the petition, not Mars.

Mars, after all, has been funding this kind of research for years (see my industry-funded study of the week from March 2022).

I can’t wait to see how Callebaut or Mars will use this claim.  I haven’t seen it anywhere yet.  Let me know if you do.

Mar 14 2023

Alarming (in)action from the FDA

Last week I posted about Bill Marler’s “Take the F out of the FDA” campaign.

Since then, he additionally posted letters from the FDA that make it clear how poorly the agency is doing its job to protect all of us against foodborne illness.

Let’s start with the the agency’s March 8 letter to companies making infant formula.

The agency is asking—not requiring—infant formula companies to:

  • Evaluate their systems for ensuring safety
  • Comply with existing regulations
  • Follow existing rules, and
  • “Voluntarily notify the Agency any time a product sample is found to be positive for Cronobacter spp. or Salmonella, even if the affected lot(s) have not been  distributed.”

What?

The Food Safety Modernization Act (FSMA) of 2011 gave the FDA the authority to ensure safe food by requiring HACCP-like process controls at every stage of production.

Infant formula is the sole source of food for many babies.

The formula crisis of last year, where Abbott Labs produced formula contaminated with Cronobacter and Salmonella, meant that Abbott was not following the law and should have been required to clean up its act instantly.

Companies are supposed to test to make sure their process controls are working.

If FSMA did not require companies to notify the FDA when they found contamination, the FDA should be going to Congress to get that authority to announce its rulemaking to get that authority.

This is not a time for politeness.  Infants’ lives are at stake.

The FDA may argue that it cannot take action because so few companies make infant formula (illustrating why industry consolidation is not good for society).

But it must.  Marler is clear on what the FDA needs to do.

  • Put an inspector in every infant formula plant, 24/7.
  • Require product testing and report results to the CDC (to compare with illness).
  • Lobby to make Cronobacter a reportable infection (to reveal the extent of the problem).

To demonstrate the ineffectiveness of politeness, Marler also posted this 2005 letter from the FDA to lettuce growers (“we strongly encourage your industry to begin or intensify immediately efforts”)….  This was followed a year later by the Dole spinach recalls of 2006 (199 cases, 102 hospitalizations, 3 deaths) and many others, leading up to congressional action in passing FSMA.

It’s the FDA’s job to enforce FSMA.

If the FDA is too captured by industry to do that, let’s get the F out of it and into some place that is serious about doing something about food safety.

FDA Commissioner Califf ‘s tweeted response to Marler’s campaign—a thread of 14 tweets— is not reassuring.

There should be no question in anyone’s mind that the F in FDA is a top priority for me. We’ve accomplished a tremendous amount in the last 10 years to make the American food supply as safe as it’s ever been & improve the nutritional quality of foods. 
Not only does the U.S. have one of the safest food supplies in the world, we’ve also advanced our capabilities to detect pathogens. We’re now detecting more outbreaks & safety issues using modern methods like Whole Genome Sequencing that would have eluded detection in the past….
Creating a new foods agency isn’t in the FDA’s purview and would take years to put in place and distract from the important work that needs to be done today.
Right.  So do it.  Unsafe infant formula is a national scandal, unacceptable by any standard.
Addition: FoodFix reports this morning that the FDA has requested some of this authority in its legislative proposal (see page 4).as part of the Biden administration’s fiscal 2024 budget request that was unveiled Thursday (see page 4).