N.Y. Times on animal antibiotics in animal feed

There was a really interesting article on the use of antibiotics in animal feed in the N.Y. Times last week. Two very interesting takeaways: (1) the article highlights the flaws in FDA’s initiative to prohibit the use of antibiotic for growth promotion—as many critics noted, allowing companies to use these drugs for disease “prevention” is essentially a loophole, and (2) the market is eclipsing regulation in the context of antibiotics, as consumers increasingly demand antibiotic-free meat.

Further reading:

  • Emilie Aguirre wrote about California’s stricter rules and democratic experimentalism here.
  • Lisa Heinzerling wrote about the FDA’s poor record on animal antibiotics here.
  • I link to some resources on the background of this issue in a 2014 blog post, here.

N.Y. Times article: U.S. influence on Nafta talks regarding junk food warning labels

The New York Times reported today that in trade talks with Mexico and Canada, the Trump administration is trying to prevent Nafta’s members, including the United States, from using warning labels on junk food.  In 2016, Chile introduced black stop-sign warnings on food that was high in calories, sodium, sugar, or saturated fat, and the Times reports that Mexico and Canada are considering imposing similar regulations.  Mexico currently has one of the highest death rates from diabetes in the world.  The Office of the United States Trade Representative, however, “is pushing to limit the ability of any Nafta member to require consumer warnings on the front of sugary drinks and fatty packaged foods,” which aligns with the wishes of certain beverage and packaged food manufacturers in the United States.  The article can be found here: https://www.nytimes.com/2018/03/20/world/americas/nafta-food-labels-obesity.html

Media coverage of food desert analysis

by Diana R. H. Winters

Last week, in an article titled “Food deserts may not matter that much,” The Economist reported on a study by three scholars finding that when trying to account for the disparity in eating patterns between rich and poor people, the answer may not be in the availability of healthy food. In “The Geography of Poverty and Nutrition: Food Deserts and Food Choices Across the United States,” Hunt Allcott, Rebecca Diamond, and Jean-Pierre Dubé found that although it is true that “there is a meaningful nutrition-income relationship in grocery purchases,”—that people with more money buy more healthful food—this is not due to the supply, or lack thereof, of healthy food in lower income neighborhoods. The authors looked at the effect of the entry of new stores carrying healthy food options into neighborhoods that had previously had fewer healthy options, concluding that there was little effect “on the composition of the shopping basket.” This is because people were willing to drive to supermarkets if there were no supermarkets in their neighborhoods. A new market may reduce transport costs, but did not change individual preferences. These findings cast doubt on the “food desert” hypothesis, which explains the fact that poor people eat less healthfully by pointing to the lower availability of healthy food in lower income neighborhoods.

This is not the first study to question the food desert hypothesis. Earlier studies have found, among other things, that putting new stores into underserved neighborhoods without other interventions to change shopping and eating habits may not have the effect on dietary choices or obesity rates that had been predicted. In this extremely comprehensive new study, the authors buttressed policy suggestions with rigorous empirical work. They found, as did the earlier studies, that changing demand was more important than changing supply, and that increasing people’s knowledge about food could be an important driver of change. For this reason, “policies geared toward nutrition education may be more effective than subsidies and grants geared toward food retailers.”

The policy conclusion that public money is better spent in education than in retail is a significant one, and a progressive one. The coverage of this study in The Economist, however, is anything but. Instead, the article’s focus, encapsulated by its title, is that the availability of healthful food may not affect food-related health outcomes as much as once thought. Instead, the article tells us that it is preference, not availability, which drives food purchasing. Although it notes that preference may be influenced by education, the article does not mention that the authors of the study it covers emphasize the need to shift our food policy dollars. And without noting that preference itself is formed by historical forces, including generations of poor supply and lack of access to education about nutrition in lower income neighborhoods, readers are left to assume that a preference for unhealthy food is an individual and personal failure.   By doing this, The Economist’s article erases the institutionally supported and sanctioned inequality that partially created the obesity epidemic and its related problems, reinforces the perception that government has no place in food policy, and shifts the burden from public to private responsibility for the solution.

 

Government subsidized loan programs for chicken facilities and Becerra v. The Coca-Cola Co.

Late last week I read two interesting short pieces on food law, one an email to a listserve by Susan Schneider, a Professor of Law and the Director of the LL.M. Program in Agricultural & Food Law at the University of Arkansas School of Law on using government subsidized loans to build chicken facilities for contract production, and one a Public Citizen blog post by Stephen Gardner, former litigation director for the Center for Science in the Public Interest, criticizing the Northern District of California District Court’s recent opinion in Becerra v. Coca-Cola. 

Professor Schneider wrote the following:

For a long time, I have questioned the use of government subsidized loan programs through USDA and SBA to fund the huge loans needed to build chicken facilities for contract production.  As noted in Food, Farming, & Sustainability, I have argued that those loans supported the one-sided contracts that are used throughout the industry. Lenders would rarely fund operations based on these short term and risk laden contracts without a government guarantee.  In this regard the subsidized lending programs, designed to help small business, have actually been used to support the integrated industry. 

The SBA Office of Inspector General has just published a report that lends support to this analysis. It provides a good description of the contractual relationship, the risks associated with the contract terms, and the role of  SBA in supporting this system of production. And, it is a fascinating look at the billions of dollars of SBA loans going to poultry growers. It finds that the control exercised by the integrator is so extensive that the integrator and the grower are “affiliated enterprises,” and that as such, about $1.8 billion in loans should have been ineligible.  “SBA guaranteed loans to affiliative enterprises are inconsistent with its stated mission to assist small business concerns.”  

For anyone writing or teaching about the system that produces our inexpensive and abundant  supply of poultry, I highly recommend this report. 

Evaluation of SBA 7(A) Loans Made to Poultry Farmers, SBA OIG, Rep. No. 18-13 (Mar. 6, 2018). 

Appreciation to Politico, Morning Ag Report for bringing this report to my attention.

 

The link to Mr. Gardner’s piece is here: http://pubcit.typepad.com/clpblog/2018/03/illustration-of-the-problem-of-judges-substituting-their-own-opinions-of-facts.html

 

Bringing Sustainable Plant-Based Eating to the Planet–David Yeung talks at UCLA Law

by Cheryl Leahy, The Initiative on Animals in Our Food System, Resnick Program for Food Law and Policy

The Initiative on Animals in Our Food System at the Resnick Program for Food Law and Policy hosted a discussion with David Yeung titled, “Bringing Sustainable Plant-Based Eating to the Planet: The Entrepreneurship, Investment, and Philanthropy of Hong Kong’s David Yeung and Green Monday” on March 6th at UCLA. Mr. Yeung is an award-winning social entrepreneur whose companies, Green Monday, Green Common, and Green Monday Ventures, take different approaches to solving the same problem – how to bring sustainable vegan eating to the planet. He jokingly nicknamed his companies the “Swiss army knife” of green and sustainable eating, for the diversity and efficacy of their approaches.

Mr. Yeung presented historical and factual background on the environmental and health impacts of animal agriculture and consumption and explained how he himself learned about the enormous effects the production of meat for human consumption has on the earth. He explained how cultural and market forces can be key tools in achieving change, an understanding of which led him to the launching of his companies.

Mr. Yeung imagined Green Monday as a way to reach a broad audience, asking people to reduce their animal product consumption at least one day per week as an intermediary stepping-stone to an increased reduction. Green Monday and its related companies accomplish this by partnering with institutions, including schools, restaurants, and corporations, as well as by running storefront sales showcasing plant-based foods from around the world, and by investing in and developing vegan companies and products. Since its inception six years ago, Green Monday’s reach has grown to 33 countries, with 1.6 million participants in its Hong Kong home.

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