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Last week, the USDA sent out a press release announcing the last four Final Rules for school meals under the Healthy, Hunger-Free Kids Act (HHFKA) of 2010:

• Smart Snacks: this makes “modest improvements” to standards implemented in the 2014 – 2015 school year in accordance with the interim final rule.
• Local School Wellness Policy: requires schools to meet the Smart Snacks standards.
• Community Eligibility Provision (CEP): allows schools with high poverty rates to provide free breakfast and lunch to all students.
• Administrative Review: updates the administrative review processes used by state agencies to monitor federally-funded school meal programs.

The press release summarizes USDA’s view of what’s most beneficial in these policies:

• Improving the nutritional quality of all school food.
• Increasing farm to school programs to more than 42,000 participating schools;
• Coordinating school meal certification with SNAP.
• Implementing national professional standards for school nutrition employees.
• Expanding At Risk After School Meals Program to all states;
• Revising the Child and Adult Care Food Program nutrition standards.
• Implementing mentor-based training for school nutrition professionals through the Team Up for School Nutrition Success initiative.

You probably won’t want to read all the fine print.  Fortunately, others have done just that.

Bettina Siegel at The Lunch Tray

• Wellness policies will be required to prohibit on-campus marketing of foods and drinks that fail to meet the Smart Snacks nutritional standards.
• Whether companies can market “copycat” snacks in schools (Smart Snacks-compliant versions of junk food available in supermarkets) is left up to local districts.
• Also left to local districts are policies about incentive programs, such as Box Tops for Education or fast food coupons passed out to kids for reading books.
• School wellness policies will be required to set nutritional standards for foods and drinks offered to kids at classroom parties or by teachers as treats, but districts can determine the actual policies.
• Schools will be allowed to sell hard-boiled eggs, low-sodium canned vegetables, and peanut butter and celery.

Her bottom line:

With the finalization of these four rules, the historic work of the Obama administration in improving children’s school food environment is now complete. But, of course, we’re already one year overdue for the next CNR [Child Nutrition Reauthorization], a process which could easily roll back or weaken these reforms – many of which have already been overtly threatened by House Republicans.

CSPI’s Take on What’s New

• Local wellness policies must address marketing of foods and drinks that do not meet the Smart Snacks standards.
• Local wellness policies must involve the public and school community and produce an annual progress report.
• Local wellness policies must designate a school official for compliance and undergo administrative review every 3 years.
• School districts must update goals for nutrition promotion, nutrition education, physical activity, and school wellness activities based on evidence-based strategies.

CSPI says the new rules mean local wellness policies can and should:

• Shift unhealthy school fundraisers to profitable healthy food or non-food fundraisers
• Ensure that school celebrations support healthy eating and physical activity
• Use non-food rewards
• Provide ample opportunities for physical activity, quality physical education, and recess

My comments

Nutritionism: Many of the complaints about USDA’s nutrition standards derive from their focus on single nutrients—fat, salt, sugar—rather than on foods. Boiled eggs weren’t allowed because of their fat and cholesterol content, but copy-cat snack foods were.  If the standards applied to minimally processed whole foods, they would make more sense. USDA now has to take comments on whether to eliminate the standard for total fat from Smart Snacks because of the egg issue and the confusing nature of current research on saturated fat (also a problem resulting from studying one nutrient at a time).

Politics:  Regardless of how trivial some of these rules may appear, USDA’s school food standards must be considered an extraordinary achievement.  Against all odds—unrelenting opposition from companies that supply junk food to schools, Congress, and, weirdly, the School Nutrition Association—the new rules will improve the nutritional quality of school meals and snacks, at least most of the time.  School districts with officials who care deeply about improving the food served to kids now have a mandate to do so.  Those who don’t will have a harder time doing a bad job.  Applause to USDA for bringing the rules to closure.  May they survive the next round of lobbying.

What is the role of the food industry in helping to address world malnutrition?  This collection of articles from Nutra-Ingredients.com begins with a viewpoint from Nestlé (no relation), the world’s largest food company.

Nestlé: Profit is not a dirty word in the race against global malnutrition

Big food companies like Nestlé are oft-criticised for being a factor in the spread of non-communicable diseases like obesity and diabetes with less healthy food offerings but all are engaged in shifting their portfolios to the healthier end of the spectrum, and their capacity to deliver benefits with fortified offerings to malnourished populations can be overlooked.“The food industry is a commercial enterprise – that won’t change – but it has immense power to bring nutrients to the populations that needs them the most.

Here are the other articles in this series.

Jason Huffman, Helena Bottemiller Evich, and Jenny Hopkinson of Politico Pro Agriculture have published their end-of-year assessment of game-changing events in food and agriculture policy last year.  Here’s their list:

• Avian flu blew up the U.S. egg industry.
• The Trans-Pacific Partnership deal got done.
• The battle over the Dietary Guidelines turned even nastier.
• The FDA banned most uses of trans fat.
• The FDA said a genetically engineered fish is safe to eat.
• The EPA released its final Waters of the U.S. rule, inciting the wrath of multiple industries, states and lawmakers.
• A federal judge sent peanut company executives to jail for decades for their part in a giant salmonella outbreak.
• The FDA released major rules to promote the safety of produce and imports.
• The FDA doubled down on added sugars on food labels, proposing daily values for the listings.

I’ve discussed most of these on this site (all except Waters of the US).

I can’t wait to see what this year brings—more of the same, for sure, but what else?  Stay tuned.

The Journal of Public Health Policy (JPHP) will soon announce the retraction of a Viewpoint—an opinion piece—I co-authored with a Guatemalan physician, Dr. Joaquin Barnoya, “The food industry and conflicts of interest in nutrition research: A Latin American perspective.” Because of factual errors in the piece, and in response to valid objections about the errors from its subjects, they and we requested its retraction and JPHP is doing so.

I believe it is useful to explain how this happened.  In late summer, Dr. Barnoya brought to my attention an advertorial, a sponsored news account, published in el Periódico and other Guatemalan newspapers announcing an alliance among the Central American Bottling Corporation (cbc), the largest beverage distributor in Guatemala and bottler for PepsiCo; the Guatemala-based Institute of Nutrition of Central America and Panama (INCAP); and the U.S.-based Shalom Christian Foundation to distribute a supplemental food product, Mani+, to chronically malnourished children in rural areas (here is a translation of the advertorial).  Mani+ is a sweetened, peanut-based, nutrient-fortified supplemental food made from local ingredients in Guatemala, used to prevent malnutrition in young children.  The advertorial displayed a photograph of the directors of the three organizations holding the agreement.  It also displayed statements from all three directors emphasizing the alliance’s importance in addressing childhood malnutrition.

As readers of this blog should know, I have long been concerned about the conflicts of interest that arise when food companies—especially soda companies—enter into alliances with public health organizations.   The New York Times made the consequences of such alliances clear in its recent revelations of Coca-Cola sponsorship of the Global Energy Balance Network and the fallout from those revelations.  The announced alliance between cbc and INCAP raises similar concerns, particularly in the light of more general food industry partnerships with research and health institutions in Latin America.  Our intention in writing the Viewpoint was to question the appropriateness of this alliance, as well as of other such partnerships and alliances.

We should, however, have exercised more care.  Shortly after publication of the Viewpoint, Carolina Siu Bermúdez, the director of INCAP who appears in the advertorial, wrote to object that our piece incorrectly implied a financial relationship with cbc, and that Dr. Barnoya had failed to disclose that INCAP paid a substantial portion of his salary via a grant from yet another organization.  We also received letters from Dr. Edward Fischer, the founder of NutriPlus/Mani+, Professor of Anthropology and Director of the Center for Latin American Studies at Vanderbilt University, objecting to our statement that the alliance was responsible for manufacturing (rather than just distributing) the product.   Both asked us to retract the Viewpoint.

Upon investigation, we realized their objections had merit.  Indeed, further investigation by us and by the editors of the JPHP exposed additional errors.  Together, these include the following clarifications and corrections:

• The alliance is involved only in the distribution of Mani+, not its manufacture (as we had asserted).
• The actual nature of the alliance between cbc, INCAP, and the Shalom Christian Foundation—who does what—is, in fact, unclear. The Viewpoint should have characterized the relationship with less certainty and specified that cbc has no financial relationship with either INCAP or the Foundation.
• Dr. Barnoya should have disclosed his financial relationship with INCAP, and I should have insisted that he do so.
• The Viewpoint was triggered by the advertorial, and we should have made this connection more explicit.
• The reference in the Viewpoint to the advertorial is incorrect. It is listed as (2015) cbc co. Unidos contra la desnutricion. INCAP, cbc y Fundacion Crisitiana Shalom Firman Convenio 23(July): 9.  The correct reference is Alianza Contra la Desnutricion. elPeriódico. July 23, 2015;Advertorial: 9.

To correct and clarify these issues, we would need to revise the Viewpoint.  Doing so, however, is not possible once a paper is published.  That left us no choice but to request a retraction, which I believe is the right course of action in this situation.

In my books and other writing, I try as hard as I can to be precise and accurate.  This incident is a lapse that I regret deeply, for which I take responsibility, and for which I apologize to Carolina Siu Bermúdez, to Dr. Fischer, and to my readers.  I also apologize to Phyllis Freeman and Anthony Robbins, the editors of JPHP, and to Lucy Wheeler of Palgrave, who have set an exemplary standard of ethics and integrity throughout these investigations and discussions.

As for lessons learned: Although I fully intend to continue to write critically about alliances between food companies and public health organizations, I also intend to use this experience to recommit myself to accountability and to diligence in checking and double-checking facts and disclosures going forward.   Again, my deepest apologies.

Addition, December 14: The actual retraction notice is published here.  The discussion on Retraction Watch is here.

I still quaintly read the paper copy of the New York Times so I know that the left column of yesterday’s  front page—judged by the editors as the second most important story of the day—was devoted to yet another exposé of supplement fraud.

The New York State attorney general did some sophisticated testing.  His report concludes that major supplement retailers—GNC, Target, Walgreens and Walmart—are selling herbal supplements that do not contain what the labels say they contain or contain unlabeled ingredients that could be allergenic.

The examples are either amusing or shocking, depending on point of view:

• A popular store brand of ginseng pills at Walgreens, promoted for “physical endurance and vitality”…contained only powdered garlic and rice.
• At Walmart…ginkgo biloba, a Chinese plant promoted as a memory enhancer, contained little more than powdered radish, houseplants and wheat — despite a claim on the label that the product was wheat- and gluten-free.
• Three out of six herbal products at Target — ginkgo biloba, St. John’s wort and valerian root, a sleep aid — tested negative for the herbs on their labels. But they did contain powdered rice, beans, peas and wild carrots.
• And at GNC…it found pills with unlisted ingredients used as fillers, like powdered legumes, the class of plants that includes peanuts and soybeans, a hazard for people with allergies.

I’ve been writing about this kind of thing for years, but two aspects of this story are news.

• First, the state is doing what the FDA ought to be doing if its hands weren’t tied by DSHEA, the Dietary Supplement Health and Education Act of 1994.  That act essentially deregulated dietary supplements.
• Second, these are not some fly-by-night supplement sellers.  They are major retailers.  The supplement industry’s argument that only a few unscrupulous small supplement makers are cheating on ingredients doesn’t work in this case.

Why don’t people stop taking supplements when they hear things like this?

The major proven benefits of supplements are their placebo effects.  The actual ingredients make no difference.

The obvious conclusion is that if you must buy supplements, buy the cheapest ones.  But that doesn’t work either because more expensive supplements produce stronger placebo effects.

Placebo effects are great things, and I’m for them.  But caveat emptor.

Related documents

• The 2013 New York Times article that led to all this
• The attorney general’s cease-and-desist letters
• What’s in those supplements?
• Letters Outlining What Was Found in Herbal Supplements

It may be the season to be jolly, but not with prepackaged commercial caramel apples.  They may be contaminated with potentially fatal Listeria.  Not good.

The CDC says:

Out of an abundance of caution, CDC recommends that U.S. consumers do not eat any commercially produced, prepackaged caramel apples, including plain caramel apples as well as those containing nuts, sprinkles, chocolate, or other toppings, until more specific guidance can be provided.

As of December 18, 2014, a total of 28 people have been reported as infected with the outbreak strains of Listeria monocytogenes.

• Five people have died–from eating caramel apples.
• 26 have been hospitalized, in 10 states.
• Nine cases are in a pregnant woman or her newborn infant.
• Three children have meningitis.
• 83% of the 18 ill people said they ate commercially produced, prepackaged caramel apples.
• None of the 18 ill people said they ate plain apples, or plain caramel candy.

Here’s the Epi chart of reported cases:

Food safety attorney Bill Marler checked FDA records for previous recalls of apples potentially contaminated with Listeria.  His list:

• December 11, 2014 – Giant Eagle issued a recall of Giant Eagle Apple Pistachio Salad and Apple Pistachio Salad with Chicken due to potential Listeria monocytogenes contamination. To date, Giant Eagle has received no reports of customer illnesses associated with this recall.
• November 14, 2013 – Crunch Pak® of Cashmere, Washington is voluntarily recalling 5,471 cases of Crunch Pak® Apple Slices due to a possible health risk from Listeria monocytogenes.
• November 7, 2013 – Garden-Fresh Foods has initiated an expansion of previous recalls of fresh ct vegetables, ready-to eat salads, slaws, dips and spreads.
• December 8, 2012 – Freshway Foods is voluntarily recalling 6,671 pounds of sliced apples.
• August 10, 2012 – Missa Bay, LLC, a wholly owned subsidiary of Ready Pac Foods, Inc., of Swedesboro, New Jersey is voluntarily recalling a total of 293,488 cases and 296,224 individually distributed units of fruit, vegetable, and sandwich products containing apples.
• August 6, 2012 – Reichel Foods, Inc. of Rochester, Minnesota is voluntarily recalling a limited amount of Dippin’ Stix Sliced Apples & Caramel with Peanuts.

The moral: when it comes to food safety, no food source is sacred.

Add this to your list of food safety hazards to avoid.

Have a food-safe holiday season!

Former USDA Secretary Dan Glickman has just been named chairman of the board of the Foundation for Food and Agriculture Research (FFAR).

Research on agriculture has long been the underfunded stepchild of the federal research enterprise.  The 2014 budget gave USDA under $3 billion in total to fund all of its in-house research units and their granting operations: Agricultural Research Service, National Institute of Food and Agriculture, Economic Research Service, and Agricultural Statistics Service.

This may seem like a lot, but NIH gets $30 billion a year.

The 2014 farm bill contained a provision aimed at raising money for agricultural research.  It provided $200 million (peanuts in federal dollars) to establish FFAR, which will operate as a non-profit corporation to obtain matching funds from private industry.

The members of the board were announced a couple of weeks ago.

It should be no surprise that many of the board members represent industry.  Industry nominated 7 of the members.  The other 8 were selected from a list provided by the National Academy of Sciences.

Now the board has to raise at least $200 million from industry, presumably with no strings attached.

Here’s the foundation’s dilemma: if industry funding has no strings—earmarks for certain research projects, for example—why would industry want to contribute?  But if the contributions do come with strings, they create conflicts of interest.

This will be fun to watch.  Stay tuned.

A reader writes:

Willingboro, NJ School Board has taken action effective for the 2013-2014 school year to discard a school meal rather than feed a student, if their parents cannot, or haven’t arranged to, refill their student’s lunch account.

Take a look at this letter from the school board administrator announcing discontinuation of humanitarian meals:

If a student goes through the food service line and it is discovered that the student does not have the required funds for a meal, the Chartwells Food Service representative has been instructed by the Willingboro Board of Education to withhold the meal from the student, with the understanding that such meal cannot be re-served and must be discarded.

I was appalled by the letter.  Hungry kids need to be fed.  They can’t learn if they are hungry.

But before going on a rant, I consulted my go-to, school-food guru, Kate Adamick of Cook for America.  She explains the fiscal realities of current school-food policies:

The truth is that there are many, many school districts that do not feed kids whose parent will not pay for them.  Some, as seems to be the prior practice of the Willingboro district, offer a “humanitarian” meal (typically, a peanut butter sandwich and a carton of milk), though that is by no means required of them and by no means universal.

Of course, students who qualify for free meals under the USDA regulations cannot be refused free school meals (provided that the proper paperwork has been filled out on their behalf or that they qualify under other regulatory or statutory provisions).

The refusal to feed everyone, regardless of whether they pay, has become a more pressing issue in recent years, both because the number of families who don’t qualify for free meals but can’t afford to pay for them has increased at the same time the school food budgets have become tighter…Many school districts are truly struggling to keep their financial heads above water….

The REAL answer is for the federal government to provide free meals for all kids.  I doubt, however, that will come to pass in our lifetime.

Here’s how this system works:

• Unlike other aspects of school education, the government requires school-meals programs to be self-supporting.  They must at least break even or do better, which is not so easy given current reimbursement rates.
• The government reimburses schools for federally supported school meals based on the number of participants.
• Parents often cannot or do not want to fill out the paperwork.
• This leaves schools with a dilemma.  If they provide free meals, they lose money.

Some school districts, like the one in New York City, do everything they can to make the system work so that hungry kids get fed.   Willingboro’s school board has chosen to follow the rules to the letter, regardless of the effects of this decision on kids in its schools.

Universal school meals would solve many of the problems caused by current school food policies (for evidence, see Janet Poppendieck’s Free for All: Fixing School Food in America).

Ready to join the universal school meals movement, anyone?