Dannon, the yogurt maker, has reached a settlement in a class action suit brought against it for falsely representing the health benefits of its products. The company will pay up to $100 to individual consumers who have been misled by its “health claims”. Check if you are eligible here.

According to a report on ABC news:

Dannon must remove the words “clinically” and “scientifically proven” from product labels and advertisements of Activia yogurt in reference to claims the product helps to regulate the digestive system.

Dannon also must note that Activia and DanActive yogurts are food, not treatments or cures for any medical disorder or disease.

Also, Dannon must remove the word “immunity” from DanActive labels and ads, as well as include a qualifier to the claim the yogurt “helps strengthen your body’s defenses” or “helps support the immune system.” read more…

This is a perfect example why NOT to trust what you read on front of package labels.

What you need to know:

Yogurt is very healthy, and was even selected as food of the decade last month. All yogurts have healthy probiotics, it’s just that some get better marketed than others. Since scientists have yet to show how one strain is significantly healthier than another, there is strong reason to believe Dannon was misleading consumers into paying 30% more for its products.

According to the terms of the settlement, Dannon does not have to admit to any wrongdoing. In fact, the company

stands by its advertising and denies it did anything wrong. However, Dannon has settled to avoid the cost and distraction of litigation.

Hmmm, if Dannon truly stood behind its product, it would not have opted to pay $45,000,000 in settlement. It would have gone to court to clear its name. But the company did not want to get distracted….or get too much bad press over the lengthy duration of the trial. Faster to pay up and move on. Especially if you know there are slim chances you’ll win.

Too bad, now we won’t have the opportunity to dig down deep into the science and know once and for all what led the company to behave the way that it did.

Wait. Maybe we do know – more money.

Incidentally, the main issue with most yogurts today is not their bacteria type, but rather their high sugar count and additives that make them more appealing to sweet craving taste buds. Plain yogurt naturally contains 12 grams of sugar in the form of lactose. But on top of that you’ll find 1-4 added teaspoons of sugar depending on the brand and specific flavor. See here and here for an ingredient analysis of popular products.

What to do at the supermarket:

You can do better than buying expensive sugar filled yogurt. Buy plain yogurt, and if you can, choose a large bulk container which is much cheaper. Hardcore yogurt lovers prepare their own at home.

With minimal effort you can upgrade the plain  yogurt into a a truly healthy breakfast or snack. Choose either one or all of the ideas below:

1. toss in diced bananas, strawberries, raisins, nuts, or whatever.

2. stir in a teaspoon of honey, agave nectar, or maple syrup.

3. sprinkle flax seeds into the mix.

Enjoy!

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Kellogg’s keeps getting slammed with lawsuits related to misleading consumers. This time the product line in question is Nutri-Grain breakfast bars. According to Food Navigator:

The company is being sued in the US District Court of Southern California for violations of the Lanham Act, Unfair Competition Law, Common law of Unfair Competition, False Advertising Law, and the Consumer Legal Remedies Act.

In their adverts, the company suggests that Nutri-Grain bars allow you to ‘Eat Better All Day’ because they contain calcium and whole-grains, but the plaintiffs insist that those claims are invalidated by the presence of trans-fats, which contribute to diabetes and heart disease. Read more…

A quick reminder, in November Kellogg’s settled with the state of Oregon, after misleading “immunity claims” on it’s Cocoa Krispies breakfast cereal.

Let’s take a look at Kellogg’s Nutri-Grain Yogurt Bars Strawberry Yogurt to see what all the fuss is about.

What you need to know:

Here is the ingredient list. Take a deep breath:

CRUST: WHOLE GRAIN ROLLED OATS, ENRICHED FLOUR (WHEAT FLOUR, NIACIN, REDUCED IRON, THIAMIN MONONITRATE [VITAMIN B1], RIBOFLAVIN [VITAMIN B2], FOLIC ACID), WHOLE WHEAT FLOUR, SUNFLOWER AND/OR SOYBEAN OIL WITH TBHQ FOR FRESHNESS, HIGH FRUCTOSE CORN SYRUP, SUGAR, HONEY, DEXTROSE, CALCIUM CARBONATE, SOLUBLE CORN FIBER, NONFAT DRY MILK, WHEAT BRAN, SALT, CELLULOSE, POTASSIUM BICARBONATE (LEAVENING), NATURAL AND ARTIFICIAL FLAVOR, MONO AND DIGLYCERIDES, PROPYLENE GLYCOL ESTERS OF FATTY ACIDS, SOY LECITHIN, WHEAT GLUTEN, NIACINAMIDE, SODIUM STEAROYL LACTYLATE, VITAMIN A PALMITATE, CARRAGEENAN, ZINC OXIDE, REDUCED IRON, GUAR GUM, PYRIDOXINE HYDROCHLORIDE (VITAMIN B6), THIAMIN HYDROCHLORIDE (VITAMIN B1), RIBOFLAVIN (VITAMIN B2), FOLIC ACID.

FILLING: HIGH FRUCTOSE CORN SYRUP, GLYCERIN, WATER, FRUCTOSE, MODIFIED CORN STARCH, PARTIALLY HYDROGENATED SOYBEAN AND COTTONSEED OIL†, NONFAT YOGURT POWDER [CULTURED NONFAT MILK; HEAT-TREATED AFTER CULTURING], STRAWBERRY PUREE CONCENTRATE, MODIFIED TAPIOCA STARCH, SUGAR, CORNSTARCH, MALIC ACID, NATURAL AND ARTIFICIAL FLAVOR, CELLULOSE GEL, SALT, COLOR ADDED, CELLULOSE GUM, DATEM, MONO- AND DIGLYCERIDES, MALTODEXTRIN, SOY LECITHIN, CARAMEL COLOR, RED #40.
†LESS THAN 0.5g TRANS FAT PER SERVING

Oh Dear.

Over 60 ingredients!

We won’t go over each one, but we did mark in bold all the sugar synonyms, and underlined the trans-fat.

Note that partially hydrogenated oil means there is trans-fat in the product, even if the nutrition facts label says it contains zero. This is because of a labeling loophole which allows values lower than half a gram per serving to be rounded down to zero.  Too bad that ANY amount of trans-fat is bad for you, and if you’re going to have any it should not be in a purportedly healthy food item.

Don’t be fooled by the strawberry puree concentrate, it is nothing more than sugar by the time it makes it into the filling. No fiber, no vitamin C lost in processing.

Another irritating feature of this product is the claim on the package “More of the Whole Grains your Body Needs.” Unfortunately the second ingredient here is enriched flour, aka refined white flour without any of the whole grain benefits such as fiber.

A serving is one bar, and it contains 14o calories. 13 grams of sugar account for about one third of  the calories, and the fiber count is a measly 2 grams – you really aren’t getting the benefits of the whole grains your body so “needs”.

All told, this is nothing more than a glorified snack bar. Much closer to Twix and Snickers than something that will allow you to “Eat Better All Day”.

What to do at the supermarket:

If you’re looking for a healthier snack to pack in your purse or backpack, how about a banana or an apple? Need something in a wrapper? Look for bars that have short ingredient lists and little or no added sugars. Not to mention partially hydrogenated oils.

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On Friday, Dannon Company announced it had settled a class action suit to the tune of $35 Million. The lawsuit was filed in early 2008, alleging that Dannon knowingly misled consumers in its marketing activities around its Activia yogurt line. The massive false advertising campaign convinced shoppers to pay 30% more for yogurt containing “probiotic” bacteria because of the products’ supposed health benefits.

While no nutritionist doubts the health benefit of yogurt, the question asked is what’s so special about Activia’s probiotics compared to other brands, and in and of themselves. Seems like a judge was going to provide the answer, but executives at Dannon decided to fog things up by dishing out millions of dollars AND not admitting to any wrongdoing.

In case you are wondering, here’s what you’ll find inside Activia Strawberry Yogurt. Read more…

Over at the LA Times Health Blog, Rosie Mestel updates on a new lawsuit targeting the FDA, demanding less stringent standards for placing health claims on foods and supplements.

An example is selenium, which manufacturers would like to embellish to the effect of:

“Selenium may reduce the risk of prostate cancer.”

Here is the disclaimer that the FDA requires on the product package:

“Two weak studies suggest that selenium intake may reduce the risk of prostate cancer. However, four stronger studies and three weak studies showed no reduction in risk. Based on these studies, FDA concludes that it is highly unlikely that selenium supplements reduce the risk of prostate cancer.”

What you need to know:

The above is an example of a Qualified Health Claim. It is different from an Authorized Health Claim, for which there is a substantial body of scientific evidence.

The first appearance of qualified health claims was in the late nineties on dietary supplement packages, as a result of a legal battle between the FDA and manufacturers. In 2003, through the Consumer Health Information for Better Nutrition Initiative, qualified health claims were allowed on foods as well. A petition process was put in place, and ever since manufacturers can file for claims.

The petition process does not automatically guarantee a health claim, and even if approved there are three levels of qualified health claims:

1. Strongest: “Although there is scientific evidence supporting the claim, the evidence is not conclusive.”
2. Medium: “Some scientific evidence suggests …However, FDA has determined that this evidence is limited and not conclusive.”
3. Weakest: “Very limited and preliminary scientific research suggests…. FDA concludes that there is little scientific evidence supporting this claim.”

Obviously manufacturers would like the strongest claims, but can’t cough up the requisite studies, despite many shelling out millions to sponsor research in universities and “independent” labs.

Thus we get funny disclaimers such as:

tomatoes/tomato sauce and prostate cancer: “Very limited and preliminary scientific research suggests that eating one-half to one cup of tomatoes and/or tomato sauce a week may reduce the risk of prostate cancer. FDA concludes that there is little scientific evidence supporting this claim.”

for green tea: “Two studies do not show that drinking green tea reduces the risk of breast cancer in women, but one weaker, more limited study suggests that drinking green tea may reduce this risk. Based on these studies, FDA concludes that it is highly unlikely that green tea reduces the risk of breast cancer.”

If history is an indicator, the new lawsuit will once again result in concessions to manufacturers in the name of First Amendment right of free speech. Our right as consumers not to be BSed by food and supplement producers are unfortunately absent from the Constitution.

What to do at the supermarket:

Ignore any marketing information you see on a product package that is not on the nutrition facts panel. Better yet, buy foods that don’t need a nutrition information panel – fresh vegetables, fruits, grains and legumes in bulk. Tap water needs no nutrition information either.

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There’s an old Indian proverb - God laughs when a thief steals from a thief.

PepsiCo is suing the Coca-Cola Company over claims that its new sports drink Powerade Ion4, is more complete than Pespi’s  Gatorade.

Seems like Coke just lifted a page from Pepsi’s marketing playbook. And Pepsi is mad.

While nobody here is a thief, both corporations are making gazillions selling us liquid candy, and sports drinks are no exception. This lawsuit is part of a marketing battle, no less, no more.

What you need to know:

Sports drink are a huge business with over $7.5 Billion in sales in 2008, just in the US.

Gatorade is the undisputed champ with over 75% market share, with Powerade at number two with over 20% of the market.

From a nutritional standpoint, both companies’ sports drinks are mostly water, sweeteners , salt, questionable food colorings, and a few more vitamins and minerals in tiny amounts. The sweetener of choice is, of course, high fructose corn syrup (equivalent to 4 teaspoons of sugar in a 12 oz bottle).

The fact that Powerade contains magnesium and Gatorade doesn’t is more trivial than where Paris Hilton partied last week.

Nutrition Info:

“But what about all those electrolytes I lose while sweating”, you may ask.

Powerade boasts 2 electrolytes that Gatorade does not have – 2.5 mg of calcium, and 1.2 mg of magnesium. Sorry to disappoint you folks, the amount of calcium your body needs each day is 1000 mg. Do you really think Powerade is going to help with less than 1% of that? Same for 1.2 mg of magnesium comapred to the 400 mg daily requirement.

Gatorade is no better. Nobody in the Western World needs 110 mg of extra sodium, especially not in a soft drink. We are already consuming far more than the daily recommended value of 2300mg. And the 30 grams of potassium provided is less than 1% of the 3500 mg our bodies need.

Unless you are a super athlete (marathons, professional sports, etc…) all you need in order to replenish after a 30 minute workout is good ol’ tap water and maybe a banana, some nuts, or a sandwhich.

Oh, and by the way, all those cool sounding flavors are NOT the result of any real fruit in the drink.

What to do at the supermarket:

Leave the sports drink to the NFL and NBA superstars

Do yourself and your family a favor. Save $500 a year by quitting carbonated drinks, including the so called sports drinks. Spend the money on real sports products and services – good running shoes or a gym membership.

Simply stated: Just skip the beverage aisle at the supermarket.

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It took a lawsuit, but Nestle and the Coca Cola Company, who jointly market Enviga Green Tea, need to stop claiming it reduces weight. From the LA Times:

Connecticut Atty. Gen. Richard Blumenthal began an inquiry in 2007 seeking evidence that consumers who drink Enviga burn more calories than they take in. Blumenthal, who had said the claim might be “voodoo nutrition,” led the coalition of states and the District of Columbia in the settlement.

The companies agreed to re-label Enviga to add disclosures and disclaim weight-loss benefits, Blumenthal said Thursday. Any marketing of Enviga or a similar beverage that uses the terms “the calorie burner,” “negative calories” or “drink negative” must clearly disclose that the product doesn’t lead to weight loss without diet and exercise, he said.

“The Enviga lesson is that weight loss requires sound diet and exercise, not simply a concoction of caffeine and green tea,” Blumenthal said. “Enviga’s calorie-burning claims led to credibility loss more than weight loss.”

read the entire article…

What you need to know:

Health claims are regulated by the FDA, and must be based on sound science. In many cases the science is only partially established. In those cases, the health claims are qualified by a disclaimer (which usually appears in a much smaller font at the bottom of the package).

Enviga was introduced in 2006. The studies which led Nestle and Coke to the revelation that their caffeine based concoction will burn calories is based on a simple fact -  any caffeine product speeds up metabolism and creates a calorie burning effect for a limited time. The additional antioxidant EGCG (Epigallocatechin gallate), found in green tea, has not been found to “burn calories”.

It’s too bad Enviga doesn’t state the amount of caffeine in each can, but of course, that kind of information is not interesting to consumers, is it? Thankfully EnergyFiend has a list of all energy drinks and their caffeine content. Enviga boasts 100mg of caffeine in a 12 oz. can, roughly three times more than regualr Coca Cola, and 15% less than the Red Bull equivalent.

What to do at the supermarket:

Our usual advice is to avoid health claims, as they are merely marketing hype. Read the ingredient list and the nutrition label to get your facts. Watch your caffeine consumption by inquiring about the caffein levels in various drinks.

If you want to lose weight, limit your daily intake of calories, and exercise regularly. Processed foods, and even worse, liquid candies, will not be your savior.

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The Peanut Butter Salmonella outbreak saga continues, with new dramas unfolding daily.

Turns out the owner of Peanut Corporation of America, the company responsible for the tainted peanut ingredients, instructed employees to ignore the salmonella found in the Georgia plant and keep shipping to customers.

In a Congressional hearing on the outbreak, the owner took the fifth amendment.

The FBI is investigating criminal wrongdoing by the owners.

An additional plant owned by this company, in Texas, has been shut down after salmonella was found there as well.

In a sly move, the company filed for bankruptcy on Friday, which means families and organizations harmed by their safety infractions will not be able to sue.

Over 2000 products have been recalled.

Despite all the hoo-ha, most consumers aren’t aware of many product types that have been recalled, such as brownies and ice cream.

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vitamins + water + sugar + hype = soda – bubbles

A consumer advocacy group has filed a class action lawsuit against the Coca-Cola Company for:

deceptive and unsubstantiated claims on its Vitamin Water line of beverages. Coke markets Vitamin Water as a healthful alternative to soda by labeling its several flavors with such health buzz words as “defense,” “rescue,” “energy,” and “endurance.” The company makes a wide range of dramatic claims, including that its drinks variously reduce the risk of chronic disease, reduce the risk of eye disease, promote healthy joints, and support optimal immune function.

The Center for Science in the Public Interest (CSPI) further points out:

1. Sugar, suagr. The 33 grams of sugar in each 20 oz bottle of Vitamin Water cause more damage by promoting obesity, rather than good through their vitamin content.
2. Where’s the fruit? Although the different bottles have fruity names such as “endurance peach mango”, they actually contain less than 1% fruit juice.
3. False claims. The health statements on Vitamin Water labels are fraudulent and not in line with structure/function claims allowed by the FDA.

Read the entire press release...

What you need to know:

Beverage manufacturers know that their consumers are shifting away from soda pop and looking for healthy alternatives.  Selling expensive water can still generate healthy profits, they’ve learned. Especially if you add some nutrition. Vitamins are naturally bitter, and the 6 teaspoonfuls of sugar in each bottle help to mask the awful flavor. But all those empty calories, along with unsubstantiated health claims, create an artificial health halo.

This just goes to teach consumers, once again, not to trust a product’s health claims. Rather, be vigilant and check the product’s full nutrition label.

What to do at the supermarket:

CSPI executive director Michael F. Jacobson sums it up nicely, “My advice to consumers is to get your vitamins from real food.” To which we add, get your water from the tap, or buy bottles with nothing but H20. just don’t forget to recycle all those plastic bottles.

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