A recent data brief issued by the Centers for Disease Control and Prevention (CDC) has suggested that children and adolescents consume more added sugar calories from food as opposed to beverages. According to the National Center for Health Statistics (NCHS), which relied on data from the National Health and Examination Survey, “Boys consumed more calories per day from added sugars than girls,” with caloric intake from added sugars increasing linearly with age for both boys and girls. In particular, NCHS reported that (i) pre-school aged boys and girls (2-5 years) consumed 13.5 percent and 13.1 percent of their calories from added sugars, respectively; (ii) school-age boys and girls (6-11 years) consumed 16.6 percent and 15.7 percent of their calories from added sugars, respectively; and (iii) adolescent boys and girls (12-19 years) consumed 17.5 percent and 16.6 percent of their calories from added sugars, respectively. NCHS also noted some differences in…
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Anti-sugar crusader Robert Lustig has joined University of California, San Francisco, (UCSF) colleagues Laura Schmidt and Claire Brindis to co-author commentary in the February 2, 2012, edition of Nature that advocates regulating fructose like alcohol and tobacco. A specialist in neuroendocrinology at the UCSF School of Medicine, Lustig has garnered attention in national venues such as The New York Times for comparing sugar to a poison and linking it to metabolic dysfunction, cardiovascular disease, diabetes, liver cancer, and other noncommunicable diseases. Details about his previous work appear in Issue 391 of this Update. Titled “The Toxic Truth About Sugar,” the latest article in Lustig’s arsenal maintains that because people in the developed world consume “an average of more than 500 calories per day from added sugar alone,” fructose now meets the four criteria used by public health advocates to justify regulation; that is, “unavoidability (or pervasiveness throughout society), toxicity, potential for…
The European Parliament has reportedly vetoed a European Commission (EC) proposal that would have permitted reformulated food products to display “percent less” claims pertaining to their fat, salt and sugar contents. According to a February 2, 2012, press release, the rejected changes to Annex of EC Regulation 1924/2006 “would have allowed, for example, a ‘15% less sugar’ claim, which would be based on a previous formulation of the same product,” as well as a “No added salt/sodium” claim. The 393 members of Parliament (MEPs) who voted against the proposal apparently argued that products with such claims “could misleadingly appear healthier” than those with labels indicating a reduced level of sugar, salt or fat. Under current EU legislation, a reduced nutrient claim “may only be made where the reduction in content is at least 30% compared to a similar product, except . . . for sodium, or the equivalent value for salt,…
The Environmental Working Group (EWG) has issued a December 2011 report claiming that many popular cereal brands marketed to children contain “just as much sugar as a dessert—or more.” After reviewing 84 popular brands, the report’s authors alleged that three out of four cereals failed “to meet the federal government’s proposed voluntary guidelines for food nutritious enough to be marketed to children,” with 21 cereals exceeding the sugar limit “recommended by the industry’s own nutrition initiative.” In particular, EWG purportedly found that (i) 56 cereals contained “more than 24 to 26 percent sugar by weight”; (ii) 71 cereals exceeded 140 milligrams of sodium and 10 exceeded 210 milligrams; (iii) seven cereals exceeded 1 gram of saturated fat; and (iv) “at least 26 cereals are not predominantly whole-grain.” The group also criticized cereal companies for opposing the 2016 nutrition guidelines suggested by the federal Interagency Working Group (IWG) on Food Marketed…
The First Circuit Court of Appeals has determined that, while Dominican Republic plantation owner executives are limited-purpose public figures for purposes of a defamation lawsuit involving a documentary film critical of their operations, the district court erred in denying a motion to compel the disclosure of documents that could pertain to actual malice. Lluberes v. Uncommon Productions, LLC, No. 10-2082 (1st Cir., decided November 23, 2011). So ruling, the court affirmed in part but vacated the district court’s grant of summary judgment and remanded the case for a review of the purported privileged documents in camera, if necessary, and a determination as to whether sufficient evidence of actual malice has been shown. The film apparently focused on living conditions in the company towns in which the plantation workers live and identified the plaintiffs “as bearing some measure of responsibility for their disrepair.” The plaintiffs argued on appeal that they were not…
During a recent discussion about family and childhood nutrition sponsored by the Brussels-based think-tank Friends of Europe, the World Health Organization’s representative to the European Union reportedly called for imposing steep taxes on salty and sugary foods to address excessive eating. Roberto Bertollini apparently claimed that the campaign against tobacco, including high taxes and government regulation of tobacco use and advertising, provides a model to address increasing rates of obesity. He also called for restrictions on junk-food advertising and government efforts to promote healthy eating habits and exercise. Others participating in the forum reportedly suggested that parents and schools play a role in getting children to adopt healthier lifestyles. See EurActiv, December 6, 2011.
According to Bloomberg reporters Robert Langreth and Duane Stanford, as researchers publish more studies suggesting that processed foods and sugary drinks have drug-like effects on the brain, “the science of addiction could become a game changer for the $1 trillion food and beverage industries.” In their November 2, 2011, article “Fatty Foods Addictive Like Cocaine in Growing Body of Scientific Research,” the authors contend that if these types of foods and beverages “are proven to be addictive, food companies may face the most drawn-out consumer safety battle since the anti-smoking movement took on the tobacco industry a generation ago.” While industry executives and lobbyists apparently refute these claims, insisting that people do not rob banks “to get the money to buy a candy bar or ice cream or pop,” they are facing a growing body of studies suggesting that foods high in fat and sugar affect brain reward circuits in…
A federal court in California has issued orders allowing certain claims to proceed in Lanham Act litigation brought by sugar producers against trade associations and companies that make high-fructose corn syrup (HFCS). W. Sugar Coop. v. Archer-Daniels-Midland Co., No. 11-3473 (C.D. Cal., orders entered October 21, 2011). The plaintiffs allege that an advertising campaign the defendants launched in 2008 to tell the public that “HFCS is corn sugar,” “HFCS is natural,” and “sugar is sugar” contains false representations about HFCS “that constitute false advertising under the Lanham Act and a violation of the California[] Unfair Business Practices Act.” The defendants filed a motion to dismiss contending that the plaintiffs had failed to state a claim on which relief can be granted. While the court agreed that the plaintiffs had failed to state a claim against individual trade association members, it found the pleadings sufficient to state a claim for false advertising…
An April 21, 2011, New York Times article targets the online marketing techniques allegedly used by food companies “to build deep ties with young consumers,” claiming that “multimedia games, online quizzes and cellphone apps” have become “part of children’s daily digital journeys, often flying under the radar of parents and policy makers.” The Times highlights the efforts of the Campaign for a Commercial-Free Childhood (CCFC) and Yale University’s Rudd Center for Food Policy and Childhood Obesity, which have backed strict regulation in lieu of the current voluntary measures. “Food marketers have tried to reach children since the age of the carnival barker, but they’ve never had so much access to them and never been able to bypass parents so successfully,” said CCFC Director Susan Linn. According to the article, the groups have called for rules similar to those governing children’s TV that require “a buffer between ads and programs so that…
The Ninth Circuit Court of Appeals has reversed a district court ruling that would have required those who had planted genetically engineered (GE) sugar beet seedlings to destroy the crop. Ctr. for Food Safety v. Vilsack, Nos. 10-17719, -17722 (9th Cir., decided February 25, 2011). The Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) had issued permits allowing the GE sugar beet seedlings to be planted in select, remote areas and imposing conditions prohibiting flowering or pollination before the permits expired on February 28, 2011. The plaintiffs challenged those permits because they were issued before APHIS had completed an environmental impact statement, which was required by a previous court order, and the district court concluded that they were likely to prevail on the merits. Additional details about the case appear in Issues 366 and 374 of this Update. While the Ninth Circuit agreed with the lower court that…
