A recent systematic review and meta-analysis conducted by researchers with the Harvard School of Public Health has allegedly concluded that sugar-sweetened beverage (SSB) consumption “promotes weight gain in children and adults.” Vasanti Malik, et al., “Sugar-sweetened beverages and weight gain in children and adults: a systematic review and meta-analysis,” American Journal of Clinical Nutrition, October 013. Focused on prospective cohort studies and randomized controlled trials (RCTs), the meta-analysis noted that a one-serving per day increase in SSB consumption was associated with (i) “a 0.06-unit increase in BMI over a [one-year period] among children and adolescents,” and (ii) “an additional weight gain of 0.12 to .22 kg (≈0.25-0.50 lb) over [one year] among adults.” “SSBs can lead to weight gain through their high added-sugar content, low satiety, and an incomplete compensatory reduction in energy intake at subsequent meals after intake of liquid calories,” conclude the study’s authors. “Our results also suggest…
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Lawmakers in Mexico have reportedly proposed a tax on all sugar-sweetened beverages in an effort to curb the nation’s obesity and Type 2 diabetes epidemics. According to a news source, the proposed legislation, intended for flavored beverages, concentrates, powders, syrups, and essences or flavor extracts, would apply a tax of one peso (US eight cents) for each liter of sugar-sweetened beverage. Soft drinks sold at movie theaters would evidently be exempt. Consumer advocacy groups support a tax on sugary beverages, but argue that it should be higher to have a greater impact on public health. “It’s good that there would be a tax. We have to acknowledge that. But to have a significant impact on consumption of sugary drinks, assessments show that it should be a 20 percent tax,” said Alejandro Calvillo, head of the consumer watchdog group Consumer Power A.C. Calvillo, who has linked the consumption of sugary drinks…
In response to evidence that British children appear to be getting fatter, the Academy of Medical Royal Colleges in London has reportedly recommended imposing a 20 percent tax on sugary soft drinks for one year as an experiment to see whether it reduces consumption by kids. The group has also called for a ban on TV ads for foods high in saturated fats, sugar and salt until 9 p.m., and has suggested that the government develop “formal recommendations on reducing the proximity of fast food outlets to schools, colleges, leisure centers and other places where children gather.” Meanwhile, the British Soft Drinks Association and other industry groups have publicly opposed such steps, claiming that most soda sold in Britain does not contain added sugar and that a new tax would hurt consumers who can “ill afford it.” The country’s Food and Drink Federation has also contended that existing restrictions on TV ads…
New York City has filed an appeal from an intermediate appellate court ruling finding that the city Board of Health exceeded its authority by adopting a regulation restricting the size of sugar-sweetened soft drinks sold in certain venues. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. NYC Dep’t of Health & Mental Hygiene, No. ___ (N.Y., appeal filed August 2, 2013). Details about the intermediate appellate court decision appear in Issue 492 of this Update. According to the city’s motion for leave to appeal, the Court of Appeals erred in (i) applying separation-of-powers doctrine to a local administrative agency; the city argues that municipalities determine their governmental structure and often create bodies with overlapping powers; (ii) ruling that the Board of Health lacks legislative powers when it derives its authority from charters explicitly recognizing those powers, and case law has defined the board as “the sole legislative authority within the City…
Applying separation-of-power principles that defeated a state administrative body’s effort to regulate smoking in public places, Boreali v. Axelrod, 71 N.Y.2d 1 (N.Y. 1987), a New York appeals court has affirmed a lower court ruling invalidating the “Portion Cap Rule” promulgated by the New York City Department of Health and Mental Hygiene (Department). In re N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. N.Y.C. Dept. of Health & Mental Hygiene, No. 2013 NY Slip Op. 05505 (N.Y. App. Div., decided July 30, 2013). The rule would have limited the sale of certain sugary soft drinks to 16 ounces in food service establishments over which the Department has authority under a memorandum of understanding with the state’s Department of Agriculture and Marketing. Thus the rule would have applied to restaurants, delis, fast-food franchises, movie theaters, stadiums, and street carts, but not to grocery stores, convenience stores, corner markets, gas stations, and…
The American Medical Association (AMA) House of Delegates has formally adopted three new resolutions at its 2013 Annual Meeting in Chicago, Illinois, that aim to define obesity as a disease, prohibit the marketing of energy drinks to adolescents younger than age 18, and end the eligibility of sugar-sweetened beverages (SSBs) under the Supplemental Nutrition Assistance Program (SNAP). According to news sources, delegates reached the decision to recognize obesity “as a disease state with multiple aspects requiring a range of interventions to advance obesity treatment and prevention” after hours of debate raised questions about how physicians and policymakers will use the declaration to counter rising obesity rates in the United States. “Recognizing obesity as a disease will help change the way the medical community tackles this complex issue that affects approximately one in three Americans,” said AMA board member Patrice Harris in a statement announcing the resolution. “The AMA is committed…
The American Public Health Association’s 141st annual meeting and exposition is slated for November 2-6, 2013, in Boston, Massachusetts. Expected to attract more than 13,000 physicians, researchers, epidemiologists, and related health specialists, and featuring a myriad of presentations, the meeting will include a session on “Regulating for the Public’s Health: Food and Beverages, Drugs, and Emerging Technologies.” Among the presentations during this session are the legal considerations of antibiotics in food animals, focusing on a court order requiring that the Food and Drug Administration (FDA) complete proceedings to withdraw approval of certain antibiotics (presented by Centers for Disease Control and Prevention senior attorney Heather Horton), and “Legal strategies to increase funding and improve the FDA’s authority over food labeling violations and questionable claims” (presented by Rudd Center for Food Policy and Obesity attorney Jennifer Pomeranz). Pomeranz contends that FDA lacks sufficient authority and funding to address misbranded food products and “[t]he…
A recent study purportedly concluded that consumption of sugar-sweetened beverages is associated with a higher risk of kidney stone formation while consumption of other beverages such as coffee, tea, beer, and wine, is associated with a lower risk. Pietro Manuel Ferraro, et al., “Soda and Other Beverages and the Risk of Kidney Stones,” Clinical Journal of the American Society of Nephrology, May 2013. Conducted by a team of researchers from Brigham and Women’s Hospital, the study analyzed the data of 194,095 participants from the Health Professionals Follow-Up Study (HPFS) and the Nurses’ Health Studies I and II. Those who consumed one or more sugar-sweetened cola servings per day reportedly had a 23 percent higher risk of developing kidney stones compared to those who consumed less than one serving per week. The researchers observed that this was also true for consumption of sugar-sweetened non-cola beverages, such as punch. A lower risk of…
The California State Senate Committee on Governance and Finance has reportedly passed legislation (S.B. 622) that would impose a 1-cent per fluid ounce tax on sugar-sweetened beverages such as soft drinks, energy drinks, sweet teas, and sports drinks. Sponsored by Sen. Bill Monning (D-Carmel) and passed in a 5-2 vote, the measure aims to generate funds to support the newly created Children’s Health Promotion Fund and finance programs statewide to fight childhood obesity. The bill excludes milk products, and fruit and vegetable juices would be subject to the law only if the fruit or vegetable content in the beverages dropped below 50 percent. “This is the first time this state committee has passed a bill that would place a tax on sugary drinks and the first step toward stemming the epidemic of childhood obesity,” Monning said. “By taxing these products we will be able to implement programs that will assist…
The Hispanic Institute has published a report advocating regulation of sugary drinks and processed foods to “help reduce alarmingly high rates of obesity among Hispanics.” Titled “Obesity: Hispanic America’s Big Challenge,” the report claims that 40.4 percent of Mexican Americans and 39.1 percent of Hispanics overall are obese, raising concerns about the rising health care costs associated with diabetes, heart and kidney disease, stroke, and other obesity-related conditions. In particular, The Hispanic Institute blames rising obesity rates on the “intentional actions” of food and beverage manufacturers, citing Michael Moss’s Salt Sugar Fat (2013) to support its argument that industry seeks “to ‘optimize’ the flavors and textures of foods and beverages in order to make them irresistible to consumers.” Comparing the current opposition to food and beverage regulation to that which initially stymied anti-smoking efforts, the report also faults marketing efforts that allegedly target “young people, Hispanics and African Americans especially,” as…