by Marion Nestle

Search results: in bed with Congress

Nov 7 2010

Let’s Ask Marion Nestle: Could The USDA Get Any Cheesier?

Eating Liberally’s kat (a.k.a. Kerry Trueman) asks one of her inimitable “Ask Marion” questions, this one about Michael Moss’s blockbuster story in today’s New York Times about dairy lobbying.

*

KT: Sunday’s New York Times has a disturbing exposé by Michael Moss about the USDA’s efforts to aid the dairy industry by encouraging excessive cheese consumption. Can the USDA ever reconcile its two mandates? On the one hand, the USDA has the task of tackling the obesity epidemic by encouraging healthier eating habits. Yet it must also promote the interests of U.S. agriculture. As Moss documents so well, these two missions are in total conflict.

Dr. Nestle: And so they are, have been, and will be until public outrage causes some changes in Washington. In two of my books, Food Politics and What to Eat, I wrote about how dairy lobbying groups, aided and abetted by the
USDA, convinced nutritionists that dairy foods were equivalent to essential nutrients and the only reliable source of dietary calcium, when they are really just another food group and one high in saturated fat, at that.

The USDA is still at it. As Michael Moss notes:

The department acknowledged that cheese is high in saturated fat, but said that lower milk consumption had made cheese an important source of calcium. ‘When eaten in moderation and with attention to portion size, cheese can fit into a low-fat, healthy diet,’ the department said.

So let’s talk about “moderation,” a word that I find hard to use without irony. The pizza illustrated in Michael Moss’s article is described as a “thin-crust medium pie.” The diameter is not given, but one-fourth of the pie contains 430 calories, 12 grams of saturated fat (20 is the daily recommended upper limit), and 990 mg sodium (the upper limit is 2,300).

Who eats one-quarter of a pizza? Not anyone I know. So double all this if you share it with a friend. If you eat the whole thing–and why do I think that plenty of Domino Pizza customers do?–you are consuming more than 1700 calories, nearly 4,000 mg sodium (that’s 10 grams of salt, by the way), and 48 grams of saturated fat. This is enough to make any nutritionist run screaming from the room.

So why is USDA in bed with dairy lobbying groups? That’s its job. From its beginnings in the 1860s, USDA’s role was to promote U.S. agricultural production and sales, with the full support of what was then a largely agricultural Congress. Only in the 1970s, did USDA pick up all those pesky food assistance programs and capture the “lead federal agency” role in providing dietary advice to the public.

Much of Food Politics is devoted to describing the USDA’s severe conflict of interest in developing dietary advice to “eat less” of basic agricultural commodities. As Times reporter Marian Burros put it in one of her articles about the fights over the 1992 Pyramid, which visually suggested eating less meat and dairy, “the foxes are
guarding the henhouse.”

This is what Mrs. Obama is up against in her efforts to reduce childhood obesity and bring healthier foods into America’s inner cities.

How to change this system? One possibility might be to move dietary guidance into a more independent federal agency, NIH or CDC for example. Another might be to recognize the ways in which corporate lobbyists corrupt our food system and do something about election campaign laws.

A pipe dream? Maybe, but I never thought I’d live to see the editors of the New York Times consider an article about USDA checkoff programs to be front-page news, and in the right-hand column yet, marking it as the most important news story of the day.

Jun 11 2010

Health claims: Should the First Amendment protect bad science?

I keep complaining about the health claims on Enfagrow toddler formula, a sugary product aimed at children from ages one to three:

These claims, for the uninitiated, are a special kind called structure-function.  Congress authorized such claims when it passed the Dietary Supplement Health and Education Act (DSHEA) in 1994.

Structure-function claims do not say that the product can prevent or treat disease. They merely suggest that the product can help in some unspecified way with some structure or function of the body.

When Congress passed DSHEA, it meant the claims to apply to dietary supplements, not foods. Enfagrow is marketed as a food, not a supplement.  It displays a Nutrition Facts label, not a Supplement Facts label.

Over the years, the FDA has issued cease-and-desist warnings about foods that bear structure-function claims.  In recent years, it has simply stated that manufacturers are responsible for ensuring that the claims are “truthful and not misleading.”

One reason for the shift is what the Courts have ruled.  The Courts say that structure-function claims are protected by First Amendment guarantees of free speech.  The most recent case is Alliance for Natural Health USA v. Sebelius. As described in Food Chemical News (June 7), a D.C. District Court judge ruled that the FDA cannot deny health claims that link selenium supplements to reduced risk of several diseases, or require those claims to be qualified, just because the claims lack adequate scientific substantiation.

In other words, supplement makers can say anything they want to about the benefits of their products—on the grounds of free commercial speech—whether or not science backs up the claim.

Recently, the FDA issued a warning letter to Nestlé, the maker of a Juicy Juice product aimed at toddlers, which displays a claim that its content of added omega-3 DHA improves brain development.  The FDA did not take on the claim, even though research seems unlikely to find that such drinks have any special benefits for brain development.  Instead, the FDA focused on a technicality:

The product makes claims such as “no sugar added,” which are not allowed on products intended for children under 2 yrs of age because appropriate dietary levels have not been established for children in this age range.

I’m guessing—this is speculation—that the FDA is reluctant to take on Enfagrow’s brain or immunity claims because Mead-Johnson has deep pockets and might well be willing to fight this one in court as a First Amendment case.

I am not a lawyer but I thought that intent mattered in legal cases.  Surely, the intent of the founding fathers in creating the First Amendment was to protect the right of individual citizens to speak freely about their political and religious beliefs.  Surely, their intent had nothing to do with protecting the rights of supplement, food, and drug corporations to claim benefits for unproven remedies, or to promote sales of sugary foods to babies.

I think it is time to give these First Amendment issues some serious thought.  How about:

  • FDA: Fire those lawyers and hire some who will protect the FDA’s ability to use science in its decisions.
  • FTC: Take a look a the immunity claim on the Enfagrow Vanilla toddler formula, now that the Chocolate is off the market.
  • Legal scholars: Surely there are ways to protect real First Amendment rights while restricting unsubstantiated health claims?

Other ideas are most welcome.  Your thoughts?

Mar 10 2010

What’s up with the hydrolyzed vegetable protein recall?

Thanks to Carol for this question: “I am wondering if you are planning to write anything about the current Salmonella Tennessee in hydrolyzed vegetable protein..and how it just might be in “everything.”

I wasn’t planning to make a big deal of the recall of hydrolyzed vegetable protein (HVP) – and the more than 100 products containing this flavor ingredient in the United States and in Canada – because the FDA seems on the job and nobody is getting sick (as far as we know).

But this one now looks like another food safety scandal.

To begin with, HVP is one of those fifth flavor, umami substances.  As the FDA explains,

HVP is a flavor enhancer used in a wide variety of processed food products, such as soups, sauces, chilis, stews, hot dogs, gravies, seasoned snack foods, dips, and dressings. It is often blended with other spices to make seasonings that are used in or on foods.

Translation: it is indeed in everything.

This scandal begins with a whistle-blowing customer of Basic Food Flavors, the manufacturer of HVP.  The customer ‘s company apparently tests its purchased ingredients for pathogens (what a concept!).  It found Salmonella in the HVP.  Sometime early in February, it notified the FDA.

The FDA inspected the Basic Food Flavors plant on February 12 and found Salmonella.   It also found records indicating that HVP tested positive for Salmonella on January 21.  What did the company do about the test?  Not a thing.  It continued to ship out products.

As the FDA described its findings:

After receiving the first private laboratory analytical results (Certificate of Analysis dated 1/21/2010) indicating the presence of Salmonella in your facility, you continued to distribute paste and powder products until 2/15/2010. Furthermore, from 1/21/2010 to 2/20/2010, you continued to manufacture HVP paste and powder products under the same processing conditions that did not minimize microbial contamination.

The FDA further explains [my emphasis]:

The FDA then began discussions with Basic Food Flavors regarding the firm’s intentions to conduct a voluntary recall of the HVP the company had made, in both powder and paste form, manufactured on or after Sept. 17. On Feb. 26, 2010, Basic Food Flavors began notifying its customers that it was recalling all of the HVP product in powder and paste form made since Sept. 17.

The FDA announced the recall on March 4.

This means that from January 21 until at least February 20, the company continued to ship HVP potentially contaminated with Salmonella.

Then, over the next six days, the FDA had to beg Basic Food Flavors to issue a recall.  The company may have started notifying customers on February 26 but the FDA did not announce the recall until March 4, weeks after the first findings of Salmonella.

Do we need more evidence that the FDA needs the authority to order recalls?  And when is Congress going to get around to passing the food safety bill?  The last I heard, they were talking about May, maybe.  At best, this would be nine months after the House passed the bill last August.

Undoubtedly, this situation is frustrating for the FDA.  But it is downright dangerous to us.   It’s time to scream at Congress to act.

Addendum: The fallout from the recall is just beginning.  Windsor Farms of Lampasas, Texas and Oakland, Mississippi is recalling 1.7 million pounds of ready-to-eat beef taquito and chicken quesadilla products+ containing HVP.   Procter & Gamble is recalling Pringles Restaurant Cravers Cheeseburger potato crisps and Family Faves Taco Night potato crisps.  And here are some more:

Nov 25 2008

Publications

This page lists books and articles. Books start under the first photo, and articles under the second.

Witt Program on Activism, DeWitt Clinton High School, Bronx NY, 12-8-09

BOOKS: For more information on books, click here

  • 2022:  Nestle M.  SLOW COOKED: AN UNEXPECTED LIFE IN FOOD POLITICS.  University of California Press.  
  • 2020: Nestle M, Trueman K.  LET’S ASK MARION: WHAT YOU NEED TO KNOW ABOUT THE POLITICS OF FOOD, NUTRITION, AND HEALTH, University of California Press.
  • 2018: Nestle M.  UNSAVORY TRUTH: HOW FOOD COMPANIES SKEW THE SCIENCE OF WHAT WE EAT, Basic Books.  Portuguese (Brazil) edition, 2019.
  • 2015: Nestle M.  SODA POLITICS: TAKING ON BIG SODA (AND WINNING), Oxford University Press.  Paperback, 2017.
  • 2013: Nestle M.  EAT, DRINK, VOTE: AN ILLUSTRATED GUIDE TO FOOD POLITICSRodale Books.
  • 2012: Nestle M, Nesheim M. WHY CALORIES COUNT: FROM SCIENCE TO POLITICS, University of California Press.  Paperback, 2013.
  • 2010: Nestle M, Nesheim MC. FEED YOUR PET RIGHT, Free Press/Simon & Schuster.
  • 2008: Nestle M. PET FOOD POLITICS: THE CHIHUAHUA IN THE COAL MINE, University of California Press. Paperback, 2010.
  • 2006: Nestle M. WHAT TO EAT, North Point Press/Farrar, Straus and Giroux. Paperback, 2007. Hebrew (Israel) edition, 2007; Korean edition, 2007.
  • 2003: Nestle M. SAFE FOOD: BACTERIA, BIOTECHNOLOGY, AND BIOTERRORISM, University of California Press.  Paperback 2004; Chinese edition 2004, Japanese edition 2009. Revised and expanded edition retitled SAFE FOOD: THE POLITICS OF FOOD SAFETY, 2010.   
  • 2002: Nestle M. FOOD POLITICS: HOW THE FOOD INDUSTRY INFLUENCES NUTRITION AND HEALTH, University of California Press. Paperback 2003; Revised and expanded edition 2007; Chinese edition, 2004; Japanese edition, 2005; 10th Anniversary Edition with a Foreword by Michael Pollan2013.
  • 1985: Nestle M. NUTRITION IN CLINICAL PRACTICE. Greenbrae CA: Jones Medical Publications. Asian edition, 1986. Greek edition, 1987.

Edited Books

Dr. Nestle at FAO 082

ARTICLES (SELECTED): For the most part, these are columns, professional articles, book chapters, letters, and book reviews for which links or pdf’s are available (or will be when I get time to find or create them). Additional publications are listed in the c.v. link in the About page.

2024

2023

2022

2021

  • Young LR, Nestle M.  Portion Sizes of Ultra-Processed Foods in the United States, 2002 to 2021. American Journal of Public Health 2021;111(12):2223-2226.
  • Carlos Augusto Monteiro,Mark Lawrence, Christopher Millett, Marion Nestle, Barry M Popkin, Gyorgy Scrinis, Boyd Swinburn.  The need to reshape global food processing: a call to the United Nations Food Systems Summit.  BMJ Global Health 2021;6:e006885. doi:10.1136/bmjgh-2021-006885
  • Nestle M.  Public health nutrition deserves more attention.  Review of Jones-Smith J, ed. Public Health Nutrition: Essentials for Practitioners (Johns Hopkins Press, 2020).  American Journal of Public Heath. 2021;111(4):533-535.
  • Woolhandler S, Himmelstein DU, Ahmed S, Bailey Z, Bassett MT, Bird M, Bor J, Bor D, Carrasquillo O, Chowkwanyun M, Dickman SL, Fisher S, Gaffney A, Galea S, Gottfried RN, Grumbach K, Guyatt G, Hansen H, Landrigan PH, Lighty M, McKee M, McCormick D, McGretor A, Mirza R, Morris JE, Mukherjee JS, Nestle M, Prine L, Saadi A, Schiff D, Shapiro M, Tesema L, Venkataramani A.  Public policy and health in the Trump era: A Lancet Commission Report.  The Lancet, February 10, 2021.
  • Nestle M.  Review of Jessica Harris, Vintage Postcards from the African World: In the Dignity of Their Work and the Joy of Their Play.  Food, Culture, and Society, 2021;743-744.

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

2006

2002 – 2005

  • Nestle M. Preventing childhood diabetes: The need for public health intervention (editorial). American Journal of Public Health 2005;95:1497-1499.
  • Nestle M. Increasing portion sizes in American diets: more calories, more obesity (commentary). Journal of the American Dietetic Association 2003;103:39-40.
  • Berg J, Nestle M, Bentley A. Food studies. In: Katz SH, Weaver WW, eds. The Scribner Encyclopedia of Food and Culture, Vol 2. New York: Charles Scribner’s Sons, 2003:16-18.

  • Nestle M. The ironic politics of obesity (editorial). Science 2003:299:781.

  • Nestle M. Not good enough to eat (commentary). New Scientist 2003;177 (February 22):25.

  • Nestle M. Hearty Fare? Review of Faergeman, O. Coronary Heart Disease: Genes, Drugs, and the Agricultural Connection. Amsterdam: Elsevier, 2003. Nature 2003;425:902.
  • Nestle M. Thinking about food (letter). Wilson Quarterly Autumn 2003 [27(4)]:4.

  • Young LR, Nestle M. The contribution of expanding Portion Sizes to the U.S. obesity epidemic. American Journal of Public Health 2002;92:246-249.
  • Mahabir S, Coit D, Liebes L, Brady MS, Lewis JJ, Roush G, Nestle M, Fay D, Berwick M. Randomized, placebo-controlled trial of dietary supplementation of a-tocopherol on mutagen sensitivity levels in melanoma patients: a pilot trial. Melanoma Research 2002;12:83-90.
  • Byers T, Nestle M, McTeirnan A, Doyle C, Currie-Williams A, Gansler T, Thun M, and the American Cancer Society 2001 Nutrition and Physical Activity Guidelines Advisory Committee. American Cancer Society Guidelines on Nutrition and Physical Activity for Cancer Prevention: Reducing the Risk of Cancer with Healthy Food Choices and Physical Activity. CA Cancer Journal for Clinicians 2002;52:92-119.
  • Fried EJ, Nestle M. The growing political movement against soft drinks in schools (commentary). Journal of the American Medical Association 2002;288:2181.

2001

  • Nestle M. Genetically engineered “golden” rice unlike to overcome vitamin A deficiency (letter). Journal of the American Dietetic Association 2001;101:289-290.
  • Nestle M. Nutrition and women’s health: the politics of dietary advice [editorial]. Journal of the American Medical Women’s Association 2001;56:42-43.

  • Kumanyika SK, Morssink CB, Nestle M. Minority women and advocacy for women’s health. American Journal of Public Health 2001;91:1383-1388.

  • Nestle M. Food company sponsorship of nutrition research and professional activities: A conflict of interest? Public Health Nutrition 2001;4:1015-1022.
  • Nestle M. Review of: Bendich A, Deckelbaum RJ, eds. Primary and Secondary Preventive Nutrition (Totowa, NJ: Humana Press, 2001). American Journal of Clinical Nutrition 2001;74:704.

2000

1999

  • Nestle M. Hunger in America: A Matter of Policy. Social Research 1999;66(1): 257-282.
  • Nestle M. Commentary [dietary guidelines]. Food Policy 1999;24(2-3):307-310.
  • Nestle M. Meat or wheat for the next millennium? Plenary lecture: animal v. plant foods in human diets and health: is the historical record unequivocal? Proceedings of the Nutrition Society 1999;58:211-218 (online here).
  • Nestle M. Heart disease’s decline (letter). New York Times, August 12, 1999:A18.
  • Nestle M. Dietary supplement advertising: a matter of politics, not science. Journal of Nutrition Education 1999;31:278-282.

1998

1987-1997

  • Nestle M.Broccoli sprouts as inducers of carcinogen-detoxifying enzyme systems: clinical, dietary, and policy implications [Commentary].Proceedings of the National Academy of Sciences, USA 1997;94:11149-11151.

  • Nestle M.The role of chocolate in the American diet: nutritional perspectives.In: Szogyi A, ed.Chocolate, Food of the Gods.Westport, CN: Greenwood Press, 1997:111-124.
  • Nestle M.Epidemiologists’ Paradise.Junshi C, Campbell TC, Junyao L, Peto R.Diet, Life-style, and Mortality in China: A Study of the Characteristics of 65 Chinese Counties.NY: Oxford University Press, 1990 [book review].BioScience 1991;41:725-726.

  • Nestle M. National nutrition monitoring policy: the continuing need for legislative intervention. J Nutrition Education 1990;22:141-144.
  • Nestle M, Porter DV. Evolution of federal dietary guidance policy: from food adequacy to chronic disease prevention.Caduceus: A Museum Journal for the Health Sciences 1990;6(2):43-67.

  • McGinnis JM, Nestle M. The Surgeon General’s report on nutrition and health: policy implications and implementation strategies. American Journal of Clinical Nutrition1989;49:23-28.
  • Department of Health and Human Services, Public Health Service. The Surgeon General’s Report on Nutrition and Health. Publ. No. (PHS) 88-50210. Washington DC: U.S. Government Printing Office, 1988, 712 pages [Managing Editor]. Reprint: Prima Publishing, 1989. Reprint: Warner Books, 1989.

  • Nestle M. Promoting health and preventing disease: national nutrition objectives for 1990 and 2000. Food Technology 1988;42(2):103-107.
  • Nestle M, Lee PR, Baron, RB. Nutrition policy update.  In: Weininger J, Briggs GM, eds.  Nutrition Update, Vol 1.  New York: John Wiley and Sons, 1983:285-313.

1968-1972 Dissertation and Postdoctoral Papers

Nestle M, Sussman M.  The effect of cyclic-AMP on morphogenesis and enzyme accumulation in Dictyostelium discoideum.  Developmental Biology 1972;28:545-554.

Nestle M, Roberts WK.  An extracellular nuclease from Serratia marcescens. II. Specificity of the enzyme.  Journal of Biological Chemistry 1969;244:5219-5225.

Nestle M, Roberts WK.  An extracellular nuclease from Serratia marcescens. I.  Purification and some properties of the enzyme.  Journal of Biological Chemistry 1969;244:5213-5218.

Nestle M, Roberts WK.  Separation of ribonucleosides and ribonucleotides by a one-dimensional paper chromatographic system. Analytical Biochemistry 1968;22:349-351.