Citing the need to protect the long-term health of children, U.S. Rep. Rosa DeLauro (D-Ct.) has introduced legislation (H.R. 2529) that would require the U.S. Food and Drug Administration to set a maximum permissible level for inorganic arsenic in rice and rice products within two years. “High levels of inorganic arsenic, a known carcinogen, can be found in rice, cereal and other common, everyday foods,” DeLauro said. “The federal government needs to step in to make sure that American families are consuming food that is safe.” The proposal has been referred to the Committee on Energy and Commerce and Committee on Agriculture. See Press Release of U.S. Rep. Rosa DeLauro, May 21, 2015. Issue 566
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A study funded by the Robert Wood Johnson Foundation’s Healthy Eating Research Program claims that a decrease in TV food advertisements directed to children is “likely related to a shift in marketing tactics” as advertisers “migrate to new media such as Internet-based advergames and social media.” Dale Kunkel, et al., “Evaluating Industry Self-Regulation of Food Marketing to Children,” American Journal of Preventative Medicine, May 2015. After conducting a “systemic content analysis of food advertisements appearing in children’s TV programs on the most popular cable and broadcast channels,” the researchers report a decline of 25 percent in the rate at which food ads appeared during children’s programming. They also note a decrease in the use of licensed characters among signatories of the Children’s Food and Beverage Advertising Initiative. The study opines, however, that the foods and beverages advertised to children still fail to meet stringent nutritional standards. “The lack of significant improvement in…
The Center for Science in the Public Interest (CSPI) has threatened to bring lawsuits against Plum Organics and Gerber Products Co. for allegedly deceptive trade practices in the marketing and labeling of their food products for babies and toddlers. In its May 11, 2015, letter addressed to Gerber and its parent company Nestlé S.A., CSPI notes that the company labels several of its products in the 2nd Foods, 3rd Foods and Graduates lines “as being composed of certain healthful ingredients, when, in fact, the Products contain substantial amounts of other less healthful, less valuable ingredients, such as apple juice, that are not identified at all on the [principal display panel].” Similar allegations appear in the letter addressed to the heads of Plum Organics concerning the company’s baby food and 4 Essential lines. The letters assert that both companies market the products as containing high amounts of “healthful, high-value ingredients, such…
A proposed bill (A.B. 1357) that would have imposed a 2-cent per ounce tax on soft drinks, sweet teas, energy and sports drinks has failed to pass the California Assembly Health Committee by a vote of 10-6. “I am disappointed that the committee failed to act today on one of the biggest health crises facing our nation,” said Assemblymember Richard Bloom (D-Santa Monica), author of the legislation. “Diabetes is now the seventh largest cause of death in the nation. If current trends aren’t reversed, one-in-three children born after 2000—and specifically one-in-two African-American or Hispanic children—are expected to develop type 2 diabetes. The overwhelming view of health experts is that the single most significant cause of obesity and diabetes is overconsumption of sugar.” Revenue generated by the tax would have generated an estimated $3 billion for health, education and wellness programs aimed at reducing the incidence of obesity, diabetes, cardiovascular and…
A coalition of consumer groups led by the Center for Digital Democracy, Campaign for a Commercial-Free Childhood (CCFC) and Center for Science in the Public Interest have filed a complaint with the Federal Trade Commission (FTC), alleging that Google’s YouTube Kids application mixes “advertising and programming in ways that deceive young children, who, unlike adults, lack the cognitive ability to distinguish between the two.” According to the April 7, 2015, press release, the groups also claim that the app promotes several “branded channels” for fast-food and toy companies, as well as “user-generated segments” “that feature toys, candy and other products without disclosing the business relationships that many of the producers of these videos have with the manufacturers of the products, a likely violation of the FTC’s Endorsement Guidelines.” Filed on behalf of these consumer groups by Georgetown Law’s Institute for Public Representation, the complaint asks FTC to investigate whether the…
A California appeals court has affirmed a lower court’s ruling against plaintiff Environmental Law Foundation (ELF), which alleged that the products of Beech-Nut Nutrition Corp. and other food manufacturers, distributors and retailers contained sufficient amounts of lead to trigger warnings required under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Envtl. Law Found. v. Beech-Nut Nutrition Corp., No. A139821 (Cal. Ct. App., 1st App. D., Div. 1, order entered March 17, 2015). ELF argued that several products, including foods predominantly intended for babies and toddlers, contained more than the state’s safe-harbor level of 0.5 micrograms per day. On appeal, ELF challenged the trial court’s decision to allow Beech-Nut’s experts to average lead test results over multiple lots rather than evaluating each individually because the single highest result may have met the minimum threshold for Prop. 65 labeling. The court dismissed the challenge, finding that averaging…
The World Health Organization (WHO) has issued an interim report that seeks to identify policy options for mitigating the risk of childhood obesity. Published by WHO’s Commission on Ending Childhood Obesity, the strategy document emphasizes “the importance of a life-course approach to simultaneously address the risk factors for childhood obesity from before conception, through pregnancy and during childhood, as well as the obesogenic environment in which children and adolescents grow and develop.” Among other things, the interim report urges policymakers to “tackle the obesogenic environment” by adopting standardized food labeling schemes and addressing food and beverage marketing to children. “There is unequivocal evidence that unhealthy food and non-alcoholic beverage marketing is related to childhood obesity,” states the commission. “The increasing number of voluntary efforts by industry and communities suggest that the need for change is widely agreed. Any attempt to tackle childhood obesity should, therefore, include a reduction in exposure…
After conducting a systematic review of studies examining the impact of brand mascots and cartoon media characters on children’s diets, Virginia Tech and Duke University researchers have claimed that “familiar media character branding appears to be a more powerful influence on children’s preferences, choices and intake of less healthy foods compared with fruits or vegetables.” V.I. Kraak and M. Story, “Influence of Food Companies’ Brand Mascots and Entertainment Companies’ Cartoon Media Characters on Children’s Diet and Health: A Systematic Review and Research Needs,” Obesity Reviews, February 2015. The results also apparently indicated that “an unfamiliar cartoon media character may increase children’s appetite, preference for, choice and intake of health of fruits and vegetables compared with no character branding.” Adapted from a paper commissioned by the Robert Wood Johnson Foundation’s Health Eating Research program, the review summarized “11 published experimental studies involving children aged 2-11 years” while noting some limitations, including…
A series of six articles published online February 18, 2015, by The Lancet reportedly “examines false dichotomies and proposes a reframing of obesity as a consequence of the ‘reciprocal nature of the interaction between the environment and the individual,’ where feedback loops perpetuate food choices and behaviors.” “Our understanding of obesity must be completely reframed if we are to halt and reverse the global obesity epidemic,” Christina Roberts, who co-authored the first article in the series with Kelly Brownell and others, was quoted as saying.“On one hand, we need to acknowledge that individuals bear some responsibility for their health, and on the other hand recognize that today’s food environments exploit people’s biological, psychological, and social and economic vulnerabilities, making it easier for them to eat unhealthy foods.” Among other things, the series’ fourth article, “Child and adolescent obesity: part of a bigger picture,” asserts that the “food industry has a…
Researchers from the Johns Hopkins Bloomberg School of Public Health have authored an overview of litigation and governmental actions related to health claims on food and beverages marketed to children. Lainie Rutkow, et al., “Legal Action Against Health Claims on Foods and Beverages Marketed to Youth,” American Journal of Public Health, March 2015. By identifying 115 instances of legal action—including consumer class actions and governmental warnings—the authors review “lessons learned for policymakers, practitioners, and other stakeholders seeking to limit the untruthful or misleading marketing of foods and beverages to children.” Those looking to challenge health claims “should first determine whether scientific evidence supports the claim,” the researchers said. In addition, plaintiffs should be selected carefully, they recommend, noting that they “may prefer, if possible, to bring a lawsuit in a state such as California, which has a well-developed body of law about deceptive and misleading advertising and marketing.” In addition,…
