Child Nutrition
Posted on Wednesday, June 3rd, 2015 by Michele Simon
Federal court in New York says – for the first time – consumers can sue over violations of organic law
I am often asked, can we trust the USDA organic seal? My answer is for the most part yes, because it’s based on clearly defined legal standards, as opposed to say, the word “natural.” But two class action lawsuits against leading makers of organic infant formula are making me rethink that answer. One case is against Abbott Laboratories alleging its Similac Advance organic infant formula contains 26 (more than half) ingredients not allowed in organic products; specifically: “irradiated substances, synthetic compounds, or produced from hazardous substances.”
The other case, perhaps more disturbingly, accuses natural food giant Hain Celestial Group of false and misleading labeling by violating the organic standards with its Earth’s Best Organic infant formula, along with numerous other products. (Both cases were filed in New York, the plaintiffs live in New York and California.) From the complaint:
Behind the picturesque red barn of the Earth’s Best logo lies a chemical soup. Of the 48 ingredients in Earth’s Best Organic Infant Formula more than half – 26 are not permitted in organic foods by federal law. More than three-fourths – 38 of the ingredients are synthetic compounds, including artificial flavors, artificial preservatives, artificial colors, toxic compounds, and hazardous substances.
Earth’s Best Organic formula dominates the organic formula market with 65% dollar share. The judge in that case recently made an important legal ruling that could significantly impact future litigation regarding organic products. In its defense, Hain Celestial tried to claim that the federal Organic Foods Production Act preempts or trumps the state-based consumer deception claims made by the plaintiffs. (Preemption is an common defense in lawsuits like this.) But the judge didn’t buy it, denying the defendant’s motion to dismiss and allowing the case to move forward. In doing so, the court said:
[T]his Court rejects the premise that once a certifying agency has passed on a product’s organic status, a state-law verdict may not deem the sale or labeling of that product as “organic” false or misleading.
This ruling is important because it allows for a private right of action under state consumer protection laws for alleged violations of federal organic standards. In an apparent attempt at damage control, Hain Celestial put out a press release on Monday claiming its “full line of Certified USDA Organic Formulas [is] made with pure, high quality ingredients for babies and toddlers.” The release also notes: “The organic formula industry continues to grow and is relied on by parents deeply.” That much is true. That’s why it’s especially troubling if parents have been deceived into feeding their babies formula labeled certified organic that in fact contains numerous unapproved ingredients.
(Disclosure: I occasionally consult with one of the law firms involved; I was not paid to write this.)
Posted in Child Nutrition, Food Policy, Public Health | Tagged: litigation, organic, organic standards, USDA | Michele on Google+ | View/Add Comments (3) |
Posted on Monday, August 18th, 2014 by Michele Simon
As I wrote in June, a bitter fight erupted in Washington, D.C., when the School Nutrition Association (SNA) — representing the nation’s 55,000 school food professionals — decided to oppose nutrition improvements to federally subsidized school meals, claiming that districts face insurmountable challenges from too many changes happening too quickly. Michelle Obama has made the Healthy Hunger-Free Kids Act of 2010 one of her top causes and she is pulling no punches defending the new rules, which require schools to serve lower-sodium and lower-fat meals with more whole grains and fruit and vegetable servings. The result is an unfortunate standoff between the White House and the SNA’s current leadership. Read rest at Al Jazeera America ....
Posted in Big Food, Child Nutrition, Industry Tactics, Marketing to Children | | Michele on Google+ | View/Add Comments (0) |
Posted on Wednesday, July 30th, 2014 by Michele Simon
I recently attended the annual meeting of the School Nutrition Association, the trade group that represents the 55,000 food service workers who have the thankless job of feeding millions of schoolchildren every day. While there, I tweeted out a few photos I took on the expo floor and I’ve uploaded all 82 of them to Instagram here.
The images are more or less organized by either food category or company. Several of the event’s official sponsors, including Tyson, PepsiCo, and Domino’s were listed on prominent signs here and here.
First is a series of mascots, including Smuckers, Chester the Cheetah, and the State Fair hotdog. At the National Dairy Council booth, attendees were lined up to have their photo taken with a statue of a cow. Why? Because (I was told) they would get a plush toy cow. The booth was promoting “Fuel up to Play” a nutrition program in schools that emphasizes dairy.
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Posted in Big Food, Child Nutrition, Industry Tactics, Marketing to Children | | Michele on Google+ | View/Add Comments (1) |
Posted on Wednesday, June 25th, 2014 by Michele Simon
School Nutrition Association includes such Big Food sponsors as PepsiCo, Domino’s and Muffin Town.
Perhaps the most visible advocate for improving school food, Michelle Obama is now defending what shouldn’t be such a controversial idea: adding fruits and vegetables to public school lunches. Ask any nutrition expert what foods Americans — especially kids — need more of in their diet, and the answer would be the same: fresh produce. But some Republicans, such as Rep. Robert Aderholt of Alabama, never seem to miss an opportunity to turn a no-brainer into a political battle, particularly when it comes to school food. (Who can forget the pizza as a vegetable debacle?) And just in time to give them the necessary cover, they got a gift from an unlikely source. The School Nutrition Association (SNA) has asked Congress to approve waiver requests for schools that are struggling to comply with federal nutrition regulations aimed at improving children’s health.
Read rest at Al Jazeera America …
Posted in Big Food, Child Nutrition, Industry Tactics, Marketing to Children | Tagged: Academy of Nutrition and Dietetics, child nutrition, childhood obesity, junk food, Let's Move, lobbying, Obama, school food policy, USDA | Michele on Google+ | View/Add Comments (0) |
Posted on Wednesday, June 11th, 2014 by Michele Simon
The United States is in the midst of a public health epidemic due to poor diet. While much of the focus has been on obvious culprits such as sugary soft drinks and fast food, dairy foods often get a pass. The dairy industry, propped up by government, has convinced us of the health benefits of milk and other dairy products. But the context of how people consume dairy matters.
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Posted in Big Food, Child Nutrition, Food Policy, Industry Tactics, Marketing to Children, Public Health | Tagged: child nutrition, childhood obesity, dairy, deceptive health claims, junk food, school food policy, USDA | Michele on Google+ | View/Add Comments (79) |
Posted on Sunday, May 11th, 2014 by Michele Simon
Am thrilled to be featured in a new powerful film by Laurie David and Katie Couric that features an all-star line-up.
If you search for “Fed Up movie” on Google, the first link you see is not the film’s website, but rather a page from the Grocery Manufacturers Association called “Fed Up Facts“. It’s a silly and desperate attempt by Big Food to respond to the star-power that has Katie Couric appearing all over the mainstream media spreading a message that the food industry doesn’t want you to hear. (GMA denies that “the food industry purposely advertises unhealthy foods to children”. It must happen by accident.)
The film really pulls no punches aiming to dispel the junk food industry’s strongest talking points: it’s all a matter of personal responsibility; we can just exercise our way to health; and we don’t need government regulation. Even Let’s Move is criticized for placing too much emphasis on physical activity and industry partnerships. But as I told the filmmakers, the first lady is in the wrong wing of the White House. (That quote didn’t make the final cut, alas. See this review saying the film lacks policy solutions, which I mostly agree with.)
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Posted in Big Food, Child Nutrition, Industry Tactics, Marketing to Children, Media, Public Health | Tagged: Big Food, childhood obesity, Grocery Manufacturers Association, junk food | Michele on Google+ | View/Add Comments (5) |
Posted on Friday, April 25th, 2014 by Michele Simon
Today, on behalf of Corporate Accountability International and in collaboration with the Campaign for a Commercial-Free Childhood, I submitted the following comments to the U.S. Department of Agriculture regarding its proposal to require schools to only allow marketing for those foods allowed under the agency’s “Smart Snacks” nutrition guidelines. (See also the excellent comments submitted by Public Health Advocacy Institute on junk food products created for schools.)
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Posted in Child Nutrition, Food Policy | Tagged: advertising regulation, child nutrition, childhood obesity, Corporate Accountability International, junk food, USDA | Michele on Google+ | View/Add Comments (0) |
Posted on Friday, February 14th, 2014 by Michele Simon
By focusing on marketing, Michelle Obama’s Let’s Move campaign won’t save our children’s health
Michelle Obama is probably the most popular first lady in recent memory, with approval ratings embarrassingly higher than her husband’s, at least in 2012. She is the picture of health, speaks openly about the challenges of raising two daughters and feeding them right and uses her platform to call attention to the country’s childhood obesity crisis through her Let’s Move program. And yet, with all this going for her, even she cannot make a serious dent in the problem of how food and media corporations are targeting children with junk-food advertising. Read rest at Al Jazeera America ….
Posted in Big Food, Child Nutrition, Food Policy, Industry Tactics, Marketing to Children | Tagged: Big Food, child nutrition, childhood obesity, fast food, junk food, Let's Move, McDonald's, Obama, voluntary self-regulation | Michele on Google+ | View/Add Comments (0) |
