The public radio program Here and Now recently asked Corby Kummer, a food writer and senior editor for The Atlantic, whether the U.S. Food and Drug Administration’s (FDA’s) move to revoke the generally recognized as safe (GRAS) status for trans fat lays the groundwork for the agency to take a similar action against the use of added sugar in beverages and other products. During the November 18, 2013, interview, Kummer highlighted the history of the movement to prohibit trans fat, linking local restrictions such as those implemented by New York City to the growing public awareness that trans fats “were harmful at any level.” “I think it’s going to be a model for the way soda consumption can be limited in the public, which we certainly need to do,” explained Kummer. “It took a long time for scientific consensus to build. And at the beginning, the industry mercilessly exploited any trace…
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A federal court in California has dismissed with limited leave to amend the second amended complaint filed on behalf of a putative nationwide class against Welch Foods, alleging that the company’s juice, beverage, spread, and jelly labels and Website violate California labeling law by including “no sugar added,” “all natural,” “no artificial flavors,” and “high in antioxidants” statements. Park v. Welch Foods, Inc., No. 12-6449 (N.D. Cal., order entered September 26, 2013). Agreeing that the complaint sounded in fraud and must comply with the heightened pleading standard of Federal Rule of Civil Procedure 9, the court noted that “Welch is after the who, what, where, when, and how surrounding the circumstances in which Plaintiffs were misled.” The company apparently argued that “portions of the complaint are generously and blindly appropriated from similar complaints filed in this district,” and that a 15-page limit would be appropriate. Still, “Welch wants to know specifically…
A recent article detailing the history of food addiction studies has claimed that foods dense in fat and sugar can override our appetite suppressing hormones, activate our neurological reward systems and prompt us to continue eating past the point of satiety. Paul Kenny, “Is obesity an addiction?,” Scientific American, September 2013. According to author Paul Kenny, a neuroscientist with The Scripps Research Institute, obesity in some cases may be caused “by hedonic overeating that hijacks the brain’s reward networks,” thus creating “a feedback loop in the brain’s reward centers—the more you consume, the more you crave, and the harder it is for you to satisfy that craving.” Asking whether this cycle of hedonistic overeating constitutes an addiction, Kenny not only describes several studies that seem to highlight the similarities between drug addiction and obesity, but also explains important differences between the two conditions. In particular, he notes that “research overall indicates…
Credit Suisse’s Research Institute has issued a September 2013 report titled Sugar Consumption at a Crossroads that examines the world sweetener market as well as the latest research on the health effects of sugar and high-fructose corn syrup (HFCS). Noting that soft drinks have drawn the most attention from legislators, regulators and consumer groups, the report summarizes the medical consensus on the role of increased sugar consumption in chronic disease and chronicles those issues still open for debate. The report also describes how the increased focus on the health effects of excess sugar consumption will affect food and beverage companies, the sugar industry as a whole, individual producers of artificial and natural sweeteners, and the health care industry. In particular, Credit Suisse expects companies in the beverage industry “to react to the growing public concern and the threat of taxes on sugary drinks by moving as fast as they can to…
“It seems like every time I study an illness and trace a path to the first cause, I find my way back to sugar,” opines University of Colorado-Denver nephrologist Richard Johnson in an August 2013 National Geographic special feature examining the history of sugar consumption. Titled “Sugar Love: A Not So Sweet Story,” the article authored by Rich Cohen traces the spread of sugar from its New Guinea origins throughout the world, in the process raising questions about the sweetener’s impact on heart disease, diabetes and obesity in modern populations. As Johnson asks, “Why is it that one-third of adults [worldwide] have high blood pressure, when in 1900 only 5 percent had high blood pressure? Why did 153 million people have diabetes in 1980, and now we’re up to 347 million? Why are more and more Americans obese? Sugar, we believe, is one of the culprits, if not the major culprit.” In particular, the article…
Former basketball star Shaquille O’Neal reportedly plans to endorse a new line of “low calorie sodas” that critics say promote obesity and other health problems. The Soda Shaq line is manufactured by AriZona beverages and will be distributed by convenience retailer 7-Eleven at stores nationwide. A press release announcing the product states that Soda Shaq contains no artificial flavors, colors or preservatives, is made with pure cane sugar and contains only 90 calories per serving, allowing fans to “satisfy their sweet tooth without the guilt from the very first clean and refreshing sip.” Consumer advocacy group the Center for Science in the Public Interest (CSPI), however, claims that each 24-ounce can of Soda Shaq contains three servings, or 270 calories, and 17 teaspoons of sugar per can. “Despite the implausible assertion on the label that the non-resealable vessel contains three servings, a single can of Soda Shaq cream soda contains…
Recapitulating the neuroendocrinologist Robert Lustig’s arguments for regulating sugar based on its alleged ubiquity, toxicity, addictiveness and “negative impact on society,” a recent article in The Atlantic considers whether the sweetener meets these four criteria for government intervention. According to staff writer Megan Garber, Lustig in a June 29, 2013, interview at the Aspen Ideas Festival pointed to research linking sugar to increased liver fat, insulin resistance and other ailments as evidence that regulation is overdue. But Garber notes that only “sugar’s utter ubiquity” is beyond argument, raising questions about what it would mean to regulate the substance “like alcohol.” “[I]f Lustig gets his way—if people do come to see sugar as substance that can be abused—public awareness might offer its own kind of regulation,” writes Garber. “Sugar, Lustig put it, is ‘great for your wallet, but crappy for your health.’ The companies that profit from its sales might not,…
A California resident has filed consumer fraud claims on behalf of a putative statewide class against a company that makes fruit juices with “No Sugar Added” statements on the product labels and without a statement that the juice is not a “low calorie” or “calorie reduced” product allegedly in violation of federal regulatory requirements. Cuzakis v. Hansen Beverage Co., No. BC513620 (Cal. Super. Ct., Los Angeles Cty., filed June 27, 2013). According to the complaint, the juices are made from fruit juice concentrate and thus cannot be labeled “No Sugar Added,” and with 120 calories per reference serving greater than 30 grams (“about as much as a conventional soft drink”) must include a disclosure that they are not “low calorie.” While the plaintiff alleges that he is a diabetic and must purchase products low in sugar, he does not seek damages for personal injury; rather, he claims he would not…
The New York City (NYC) Department of Health and Mental Hygiene has reportedly launched an ad campaign targeting beverages with added sugars, such as sports drinks, teas and energy drinks. Part of a four-year “Pouring on the Pounds” campaign that has compared sweetened soft drinks to sugar packets and fat globs, the new TV ads apparently feature the physical effects of diabetes, an overweight man drinking a neon-blue beverage and a surgeon manipulating a diseased heart with tweezers. The effort comes on the eve of the city’s appearance before a state appeals court to defend its vacated limits on the size of sugar-sweetened beverages sold in certain retail venues. Oral argument is scheduled for June 11, 2013. Additional information about the lower court’s ruling appears in Issue 475 of this Update. See Bloomberg News, June 3, 2013.
The Food and Drug Administration (FDA) has issued a notice about a collection of information titled “Experimental Study on Consumer Responses to Nutrition Facts Labels with Various Footnote Formats and Declaration of Amount of Added Sugars” that the agency has submitted to the Office of Management and Budget for review. FDA reported that it plans to use the information to promote public health and explore consumer responses to various food label formats for the footnote section of the Nutrition Facts label, including “those that exhibit information such as a description of percent Daily Value, a succinct statement about daily caloric intake, a general guideline for interpreting percent Daily Values, or a footnote about nutrients whose daily intake should be limited.” This study will also reportedly explore “how declaring the added sugars content of foods might affect consumers’ attention to and understanding of the sugars and calorie contents and other information…
