Currently browsing posts about: Nutrition-standards

It seems crazy to think that USDA’s school nutrition standards–at least five years and two Institute of Medicine studies in the making—are at risk, but so they are.

My monthly San Francisco Chronicle Food Matters column is on this topic.  I will post it this coming Sunday.

In the meantime, Margo Wootan of Center for Science in the Public Interest (CSPI) writes:

As you may have heard, there has been some push back about the new calorie limits in school lunches. Rep. Steve King (R-IA) recently introduced the No Hungry Kids Act (HR 6418), which would prohibit USDA from implementing calorie limits in school lunches. There also have been a few campaigns among high school students who are displeased with the 850-calorie limit.

While we do not expect the No Hungry Kids Act to gain much traction, we also don’t want this negative attention to overshadow the wonderful work going on in so many schools across the country. We need your help to counter these efforts. Below are a few ideas for how you can help:

• Join the conversation on social media (see attached model Facebook and Twitter posts)
• Use or share the attached Infographic (or create your own) to help spread the message that the science-based calorie limits in school lunches are reasonable and provide plenty of food for most students [Here are more illustrations: calories in lunches, and why the new calorie standards are reasonable. CSPI also provides talking points against the No Hungry Kids Act].
• Spread the word to your members, colleagues, and/or members of Congress
• Issue a statement in support of the new school meal standards (See statements from FRAC and Mission Readiness)
• Share pictures of school lunches, that are meeting the new standards (Check out CSPI’s Pinterest page for examples)

These resources and many others are available at www.schoolfoods.org/back2school. You can also find additional talking points and resources at http://www.fns.usda.gov/cnd/Healthierschoolday/. For more information or if you have any questions, contact hjones@cspinet.org.

CSPI’s efforts deserve support.  Anything you can do to help, please do!

Addition: Obama Foodorama has a riveting account of how the Drudge Report drove media interest in the kids’ “We Are Hungry” video.

Update, November 2: House Republicans call for GAO investigation of USDA’s nutrition standards.

My monthly, first Sunday column in the San Francisco Chronicle:

Q: I still don’t get it. Why would a city government think that a food regulation would promote health when any one of them is so easy to evade?

A: Quick answer: because they work.

As I explained in my July discussion of Richmond’s proposed soda tax, regulations make it easier for people to eat healthfully without having to think about it. They make the default choice the healthy choice. Most people choose the default, no matter what it is.

Telling people cigarettes cause cancer hardly ever got anyone to stop. But regulations did. Taxing cigarettes, banning advertising, setting age limits for purchases, and restricting smoking in airplanes, workplaces, bars and restaurants made it easier for smokers to stop.

Economists say, obesity and its consequences cost our society $190 billion annually in health care and lost productivity, so health officials increasingly want to find equally effective strategies to discourage people from over-consuming sugary drinks and fast food.

Research backs up regulatory approaches. We know what makes us overeat: billions of dollars in advertising messages, food sold everywhere – in gas stations, vending machines, libraries and stores that sell clothing, books, office supplies, cosmetics and drugs – and huge portions of food at bargain prices.

Research also shows what sells food to kids: cartoons, celebrities, commercials on their favorite television programs, and toys in Happy Meals. This kind of marketing induces kids to want the products, pester their parents for them, and throw tantrums if parents say no. Marketing makes kids think they are supposed to eat advertised foods, and so undermines parental authority.

Public health officials look for ways to intervene, given their particular legislated mandates and authority. But much as they might like to, they can’t do much about marketing to children. Food and beverage companies invoke the First Amendment to protect their “right” to market junk foods to kids. They lobby Congress on this issue so effectively that they even managed to block the Federal Trade Commission‘s proposed nonbinding, voluntary nutrition standards for marketing food to kids.

Short of marketing restrictions, city officials are trying other options. They pass laws to require menu labeling for fast food, ban trans fats, prohibit toys in fast-food kids’ meals and restrict junk foods sold in schools. They propose taxes on sodas and caps on soda sizes.

Research demonstrating the value of regulatory approaches is now pouring in.

Studies of the effects of menu labeling show that not everyone pays attention, but those who do are more likely to reduce their calorie purchases. Menu labels certainly change my behavior. Do I really want a 600-calorie breakfast muffin? Not today, thanks.

New York City’s 2008 ban on use of hydrogenated oils containing trans fats means that New Yorkers get less trans fat with their fast food, even in low-income neighborhoods. Whether this reduction accounts for the recent decline in the city’s rates of heart disease remains to be demonstrated, but getting rid of trans fats certainly hasn’t hurt.

Canadian researchers report that kids are three times more likely to choose healthier meals if those meals come with a toy and the regular ones do not. When it comes to kids’ food choices, the meal with the toy is invariably the default.

A recent study in Pediatrics compared obesity rates in kids living in states with and without restrictions on the kinds of foods sold in schools. Guess what – the kids living in states where schools don’t sell junk food are not as overweight.

Circulation has just published an American Heart Association review of “evidence-based population approaches” to improving diets. It concludes that evidence supports the value of intense media campaigns, on-site educational programs in stores, subsidies for fruits and vegetables, taxes, school gardens, worksite wellness programs and restrictions on marketing to children.

The benefits of the approaches shown in these studies may appear small, but together they offer hope that current trends can be reversed.

Researchers also suggest other approaches, not yet tried. The Yale Rudd Center has just shown that color-coded food labels (“traffic lights”) encourage healthier food choices.

And Rand Corp. researchers propose initiatives like those that worked for alcoholic beverages: Limit the density of fast-food outlets, ban sales in places that are not food stores, insist that supermarkets put junk foods and sodas where they are hard to see, ban drive-through sales, restrict portion sizes and use warning labels.

These regulatory approaches are worth trying. If research continues to demonstrate their value, cities will have even more reason to use them. If the research becomes compelling enough, the federal government might need to act.

In the meantime, cities are leading the way, Richmond among them. Their initiatives are well worth trying, testing and supporting.

**Marion Nestle is the author of “Why Calories Count: From Science to Politics,” as well as “Food Politics” and “What to Eat,” among other books. She is a professor in the nutrition, food studies and public health department at New York University, and blogs at foodpolitics.com. E-mail: food@sfchronicle.com

I love the new study reported in Pediatrics.    It confirms just what I have long expected.  If you don’t expose kids to junk foods and sodas, they won’t eat as much, and they won’t put on as much fat.

The study found that kids who go to schools where lots of junk foods are sold are heavier than those who go to schools in states with strict standards about the nutritional quality of snacks and drinks.

The investigators compared the body mass indices (BMIs) of kids in schools in 40 states with varying nutrition standards for what is allowed in “competitive” foods–those sold outside the lunch programs.

Kids from schools with stricter standards had lower BMIs.

The authors explain their result:

Experts argue that education will not suffice without changing the contemporary ‘obesogenic’ environment in which adolescents have countless sources of high-caloric-density, low-nutrient-density foods and beverages. Schools have become a source of sugar-sweetened beverages (SSBs), candy, and other foods and beverages of minimal nutritional value.

Food Chemical News (August 14) reminds me that when Congress passed the Healthy, Hunger-Free Kids act of 2010, it authorized the USDA to develop nutrition standards both for meals—but also competitive foods.

USDA issued final rules for school meals in January (remember the fuss over pizza is a vegetable?).

Its rules for competitive foods were sent to the White House Office of Management and Budget in mid-March, but are still stuck there, most likely because the White House does not want to introduce regulations that might adversely affect food company sales during an election year, especially one in which the role of government is so prominent an issue.

This is an election year, in case you haven’t noticed, and looks like it will be an especially unattractive one, unfortunately.

Michelle Obama and Tom Vilsack announced new nutrition standards for school meals yesterday, to what seems to be near-universal applause (the potato growers are still miffed, according to the New York Times).

The new standards are best understood in comparison to current standards (see chart).  They call for:

• More fruits and vegetables
• A greater range of vegetables
• A requirement for whole grains
• All milk to be 1% or less
• Only non-fat milk to be permitted to be flavored

This may not sound like much.  But given what it has taken USDA to get to this point, the new standards must be seen as a major step forward.

See, for example, the comparison of an old and new weekly menu (this has not changed since USDA’s original proposal in January last year).

The new one looks so much better.   Now it’s up to schools to make the new standards work, make the foods taste yummy, and get kids to be willing to try new foods.

To review the history: This all started when the USDA asked the Institute of Medicine to design nutrition standards that would:

• Increase the amount and variety of fruits, vegetables, and whole grains
• Set a minimum and maximum level of calories
• Focus more on reducing saturated fat and sodium

The new standards come pretty close to what the IOM recommended (see the earlier chart), with some now-famous exceptions.  The IOM proposed limits on starchy vegetables.  USDA then proposed to limit starchy vegetables to two servings a week.  It also set a minimum for the amount of tomato sauce on pizza that could count toward vegetable servings.

Under pressure from potato growers and suppliers of school pizza, Congress weighed in and overruled the USDA on both counts.

The result: pizza now counts as a vegetable.

To give some idea of the extent of lobbying on all sides of this issue, USDA’s January proposal elicited 132,000 public comments (these are someplace at www.regulations.gov and are addressed in the Federal Register notice).

I asked in a previous post whether this kind of congressional micromanagement made sense (absolutely not, in my view).  I also wrote previously about the intense lobbying efforts to make sure these standards would never be released.

Despite congressional and industry opposition, the standards are out.

Applause is very much in order for Mrs. Obama’s leadership on this issue.

Good work.  Now let’s get busy on the next challenges:

• Set nutrition standards for competitive foods in schools—those sold outside of the lunch program as snacks and meal replacements.
• Teach kids where food comes from
• Teach kids to cook

For the record:

The initial press release: It is headlined “First Lady to Announce New Nutrition Standards for Meals Served in America’s Schools: Public-Private Partnership Aims to Connect More Kids to Nutrition Programs.”  I’m not sure where the Public-Private Partnership comes into this.

USDA’s actual press announcement provides links to the Nutrition Standards home page and other relevant documents.

Additions: Dana Woldrow sends this link to shed some light on the curious business of private-public partnerships.  Here’s one where Goya foods is giving out teaching materials in schools.

I subscribe to The Lancet, and always enjoy reading its editor’s weekly Offline column.  In October, editor Richard Horton wrote about how  government obesity policy needs to be based firmly on scientific evidence.

And what is that evidence?

On this question, the evidence is utterly clear.  Thanks to the work of the best scientific minds in obesity research, the most reliable evidence shows that the government’s plan should include taxes on unhealthy foods and beverages, front-of-pack traffic-light nutrition labeling, reductions of junk food and drink advertising to children, and school-based programmes to reduce television viewing and sugar-sweetened beverage consumption (Lancet, 2011;378:1451).

If you care about public health evidence, that’s what it shows.  But doing these things goes against the business interests of food companies and they are doing everything they can to oppose such science-based measures.

In the U.S., the Sunlight Foundation has just released a report detailing the amounts of money food companies have spent on lobbying to block federal attempts to set nutritional standards for marketing foods to children (see previous posts).

Big companies such as Nestle, Kellogg, Viacom, McDonalds, General Mills, and Time Warner have indicated on official reports that they have lobbied on the controversial proposed guidelines; all together such companies have reported spending more than $37 million on lobbying this year.

The Sunlight report lists reported lobbying expenses (for example, Coca-Cola $4.7 million, General Mills $660,000).  It also points out that

…Over all public relations were handled by Anita Dunn, formerly communications director at the Obama White House, at the firm SKDKnickerbocker Consulting.

Anita Dunn is of special interest because of her previous position at the White House.  Now she’s working for the not-so-loyal opposition.  Marian Burros reported on this switch for Politico:

Dunn, who served as White House communications director, is a senior partner at SKDKnickerbocker Consulting, which is handling public relations for the food industry’s campaign. Switching sides isn’t uncommon in the incestuous world of Washington consulting and lobbying, and the food industry coalition seeking to scuttle the voluntary guidelines argues that they are actually enforceable regulations in disguise that could lead to billions in lost sales.

Dr. Horton’s comments in Lancet imply that the British government isn’t doing much better.

As for the European Union (EU),  Food Chemical News reported on December 8 that major food companies— McDonald’s, Burger King, Coca-Cola, Danone, Kellogg, Mars, Nestlé, PepsiCo, Procter & Gamble and Unilever, as well as the European Snacks Associations—have just pledged to promote only healthful products on their websites aimed at children under age 12.

By “healthful,” they mean products that meet “better-for-you” criteria.  Food Chemical News cites a study suggesting that European children now see 79% less advertising of really bad junk foods on kids’ TV than they did in 2005, and 29% less across all TV programs.

The study did not say whether sales of those products were down too. If not, this could explain the willingness of companies to extend the voluntary restriction to websites aimed at very young children.

All of this would be much simpler for parents if governments paid attention to the research.  If they did, they would:

• Tax unhealthy foods and beverages
• Require traffic-light front-of-pack labels
• Stop junk food and drink advertising to children
• Institute programs to reduce television viewing
• Institute programs to reduce sugar-sweetened beverage consumption

Taken together, these might actually make some progress in reducing childhood obesity.

Reports are coming in on the House hearings on the IWG report recommendations.  The IWG, recall from the previous post, is an Interagency Working Group of four federal agencies attempting to set nutrition standards for foods allowed to be marketed to kids.

This first report comes from Broadcasting & Cable:

The first panel of a joint hearing Wednesday on government-proposed food marketing guidelines featured government officials explaining that the principles, announced last April, are only voluntary recommendations to Congress that industry can ignore if they chose, while legislators, primarily Republicans, countering that they represent Big Brother government intruding into meal planning for families and a focus on marketing, without scientific backing, rather than focusing on more physical activity.

Republican lawmakers, it seems, want more science.  That’s always step one in undermining public health proposals: attack the science.  Subsequent steps, you may recall, include attacking critics, focusing on physical activity, and blaming personal responsibility for obesity and its consequences.

According to Healthwatch, Representative Henry Waxman (Dem-Calif)

Compared Republican defenders of unbridled food marketing to children to past champions of the tobacco industry. [He]  drew parallels between Wednesday’s hearing on proposed voluntary marketing restrictions and a 2003 hearing during which some Republicans promoted the safety of smokeless tobacco.

“I just find this an amazing hearing,” Waxman said. “The only thing I can analogize it to is after all the tobacco issues we discussed for many years, Republicans took charge and we never heard anything more about tobacco. Then, suddenly we had a hearing about tobacco.

And the hearing was about how smokeless tobacco should be encouraged as a way for smokers to give up smoking. It was geared to promoting an industry that no doubt supported financially many of the members. I wonder if this hearing is about the same subject.”

What I find most disturbing is the FTC’s backing down on the recommendations which were agreed upon by four federal agencies and voluntary.  CNN reports that David Vladeck, director of the FTC Bureau of Consumer Protection, said:

The coalition of government agencies is “in the midst of making significant revisions” to the original proposal.

Among the changes he suggested are narrowing the age group targeted and focusing on children aged 2 to 11 instead of up to age 17 and allowing marketing of the unhealthier foods at fundraisers and sporting events.

Vladeck also said that his agency would not recommend that companies change packaging or remove brand characters from food products that don’t qualify, as was originally suggested in the guidelines.

“Those elements of packaging, though appealing to children, are also elements of marketing to a broader audience and are inextricably linked to the food’s brand identity,” Vladeck said at the hearing.

This, as I keep pointing out, is about protecting corporate health at the expense of children’s health.

Sad.

Sometimes when I hear rumors that I can’t corroborate, I keep fingers crossed that they aren’t true.  Here’s one.

Rumors say that the White House has caved in to food, beverage and advertising lobbying groups on the nutrition standards for food marketing to children developed by the Interagency Working Group (IWG).

Recall: the IWG’s members—the FDA, FTC, USDA, and CDC–produced recommendations for nutrition standards for marketing foods to kids (see previous posts).

The food and beverage industries think that if the standards are adopted, they will have to abide by them, thereby losing sales.  They do not want restrictions on how, when, and where they advertise their products to kids.

Rumors say that the FTC—the agency that regulates food advertising—is being pressed by the White House to back off.

Rumors say the FTC is withdrawing the proposedstandards for teens except for some in-school marketing, and that the FTC’s explanation is that  “to be successful in this endeavor food companies must be given leeway to shape an approach that will promote children’s health, without being overly burdensome on industry….”

Could the House Energy and Commerce Committee’s  October 12 hearings on the standards have anything to do wth this?   Or the tough memo prepared by committee staff in preparation for the hearing?  The staff memo raises highly critical questions about the FTC and the IWG report.

The proposed standards, please recall, are voluntary.  And I didn’t think they were all that restrictive (see previous post).

But if the rumors are true, even this administration can’t do anything to limit  food marketing to kids and we are right back where we were in 1979, the last time the FTC tried to do so.

Please say it isn’t so.

Addition 1: FTC has now posted its prepared testimony: “As a result of the many comments we received from various stakeholders…the Working Group is in the midst of making significant revisions to its preliminary proposal. The anticipated revisions go a long way to address industry’s concerns.”

It gets worse:

The Commission staff believes that this approach resolves many of the flashpoints that generated strongest industry concern.

For instance, FTC staff has determined that, with the exception of certain in-school marketing activities, it is not necessary to encompass adolescents ages 12 to 17 within the scope of covered marketing….In addition, the FTC staff believes that philanthropic activities, charitable events, community programs, entertainment and sporting events, and theme parks are, for the most part, directed to families or the general community and do not warrant inclusion with more specifically child-directed marketing.

Moreover, it would be counterproductive to discourage food company sponsorship of these activities to the extent that many benefit children’s health by promoting physical activity.

Finally, the Commission staff does not contemplate recommending that food companies change the trade dress elements of their packaging or remove brand equity characters from food products that don’t meet nutrition recommendations.

Addition 2:  Margo Wootan of CSPI provides a copy of her written testimony for the IWG .

Addition 3: Here’s the written statement of Dale Kunkel of the University of Arizona.

Addition 4, October 11:  Adweek headlines its story on this fiasco, “Ronald McDonald, Toucan Sam to get pardon from feds?”

I just received a message from Samantha Graff, the director of legal research at Public Health Law & Policy, an advocacy group in Oakland, California.

This morning, she writes, 36 legal scholars—including several experts on the First Amendment—weighed in on the food industry’s fight against proposed nutrition standards for foods and beverages marketed directly to children.  This is the very issue I wrote about in yesterday’s San Francisco Chronicle column and have discussed in previous posts.

In a letter sent this morning to federal agencies, the legal scholars point out that because food and beverage companies are free to ignore the nutrition recommendations, the draft principles “do not restrain or compel anyone’s speech. They are not, in fact, government regulations at all.”

A key industry strategy has been to recruit lawyers to write white papers charging that the proposed nutrition standards violate First Amendment rights to free speech.

Recall that Congress asked the FTC to join with the FDA, CDC, and USDA to recommend standards for food products marketed to kids.  These agencies, collectively known as the Interagency Working Group on Food Marketed to Children (IWG), issued Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts.   This report outlines proposed voluntary standards that have been open for public comment.

My initial reaction: the standards were much too generous.  But that’s not how the food industry sees them.  Food companies realized that the standards exclude large proportions of the junk foods they currently market to kids.

They created a new lobbying group, “Sensible Food Policy Coalition” (shades of George Orwell’s 1984).   This group is doing everything it can to block the proposed standards.   Its website links to white papers opposing the recommendations on First Amendment grounds.

David Vladeck, director of the FTC’s Bureau of Consumer Protection, responded to some of these claims in a recent blog post, in which he emphasizes the voluntary nature of the proposals.

I’ve said it before and repeat: I am not a legal scholar but intention seems to matter in legal decisions.  The intent of the First Amendment was to protect political and religious speech. I cannot believe that the intent of the First Amendment was to protect the right of food companies to market junk foods to kids.

Marketing to children is unethical.  It should be stopped.  And it’s the government’s responsibility to do it.