FDA launches ‘rumor control’ hub, will this eventually include its ‘nutrition initiatives’?

By Sherry Bunting, Farmshine, May 19, 2023

WASHINGTON D.C. — The Food and Drug Administration (FDA) launched a new “rumor control” webpage on May 16, described as the hub to stop what the FDA calls “false, inaccurate, or misleading health information” that is “negatively impacting the public’s health.” 

How does FDA define misinformation? “It’s information, spread intentionally and unintentionally, that is false, inaccurate, or misleading according to the best available evidence at the time,” the announcement explains.

Who decides what is the best available evidence at the time? An info-graphic recommends checking sources and cross-referencing the information with reliable sources.

What is a reliable source? FDA describes it in one section as “the federal government and its partners” and describes it in another section as “a non-profit fact-checking source or government resource.”

A video narrator at FDA rumor-control explains the next step is to read beyond the headlines on the internet for context and to “understand the purpose of the post.” 

Scrolling to the bottom of the landing page are instructions to report misinformation.

“We face the challenge of an overabundance of information related to our public health. Some of this information may be false and potentially harmful,” the FDA rumor control webpage states. “If you see content online that you believe to be false or misleading, you can report it to the applicable platform.” 

These words are followed by icons to click for administrators at Twitter, Facebook, TikTok, Instagram, LinkedIn, YouTube, and WhatsApp.

FDA has posted to this hub its ‘fact documents’ on several hot topics such as vaccines, dietary supplements, and sunscreen, stating that more topics will be added in the future.

Will nutrition become one of them, now that the Administration has placed a priority on FDA’s role as purveyors of the Dietary Guidelines as gospel?

Case in point, just three weeks prior to launching the rumor-control hub, the FDA announced it is “prioritizing nutrition initiatives to ensure people in the U.S. have greater access to healthier foods and nutrition information to identify healthier choices more easily… to improve eating patterns and, as a result, improve everyone’s health and wellness.”

These FDA initiatives came out of the “whole of government approach” pledged by President Biden and Ag Secretary Vilsack in the White House Strategy on Hunger, Nutrition and Health.

“People need to know what they should be eating, and the FDA is already using its authority around healthy labeling, so you know what to eat,” said the President during the White House Conference where the Biden-Harris National Strategy was unveiled in September 2022. 

The FDA proposed rule on ‘healthy labeling’ came out on the same day. Comments ended months ago but the final rule has not yet been published in the Federal Register.

The FDA nutrition initiatives are being pursued “to help accelerate efforts to empower consumers with information and create a healthier food supply.”

According to the FDA news release, the federal government currently believes obesity and chronic diet-related diseases are on the rise because American eating patterns are not aligning with the federal Dietary Guidelines. The press release states that most people consume too much saturated fat, sodium and added sugar, and the FDA nutrition initiatives aim to correct this.

FDA’s nutrition priorities in progress, include:

1)    Developing an updated definition and a voluntary symbol for the ‘healthy’ nutrient content claim, front-of-package labeling, dietary guidance statements and e-commerce labeling, and

2)    Supporting innovation by changing standards of identity such as labeling requirements for plant-based foods.

In addition to issuing its controversial plant-based milk labeling rule earlier this year, which would allow the pattern of fake milk proliferation to simply continue, the FDA in the first four months of 2023 sent letters of ‘no objection’ to three companies in their respective requests for GRAS (generally regarded as safe) status for cellular lab-created meat. 

Several ferrmentation-vat dairy protein analog makers — including Perfect Day with its genetically-altered yeast excrement posing as dairy protein — received their ‘no objection’ to GRAS letters from FDA in 2020.

As reported in Farmshine over the past several years, the FDA has been on its “multi-year nutrition innovation strategy” since 2018. However, the pace has accelerated since September 12, 2022, when Executive Order 14081 was signed by President Biden just 10 days before the White House Conference on Hunger, Nutrition and Health.

Entitled Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe and Secure American Bioeconomy, the Presidential EO 14081 states: “For biotechnology and biomanufacturing to help us achieve our societal goals, the United States needs to invest in… and develop genetic engineering technologies and techniques to be able to write circuitry for cells and predictably program biology in the same way in which we write software and program computers; unlock the power of biological data, including through computing tools and artificial intelligence; and advance the science of scale‑up production while reducing the obstacles for commercialization so that innovative technologies and products can reach markets faster.”

(AUTHOR’S NOTE: All roads lead back to the umbrella of the Dietary Guidelines. The current DGA Committee began meeting recently in the process of formulating the 2025-30 DGAs. Entrenched in four decades of low-fat dogma, the USDA and HHS, along with the 2010, 2015 and 2020 DGA Committees, repeatedly left out of the discussion dozens of scientific papers, even research by the National Institutes of Health, that showed the neutral to beneficial impact of saturated fats on human health and the positive role of nutrient dense foods that are high in protein and essential nutrients but also contain saturated fat such as whole milk, full-fat dairy, and unprocessed red meat. Given the fact that childhood obesity and chronic diet-related disease incidence are rising rapidly, an objective fact-checker could easily determine that the Dietary Guidelines, themselves, are health misinformation. Clearly, children are the sector of the population whose eating patterns closely align with the Dietary Guidelines since 2010. They don’t have a choice. Most children today eat two meals a day, five days a week, three quarters of the year at school where the Dietary Guidelines rule with an iron hand. Let’s not forget the 2020 DGA Committee admitted that all of the DGA eating patterns came up short in essential nutrients found in animal foods, but when a committee member warned of this on final public reading, the saturated fat subcommittee chair mentioned taking vitamin pills and noted ‘new designer foods are coming.’)

Having already killed whole milk, USDA proposed school rule now takes aim at flavored milk with appalling lack of concern for nutrient-density

By Sherry Bunting, (updated from Farmshine print edition, Feb. 10, 2023)

WASHINGTON — USDA is taking aim at a different area of school milk with new proposed rules announced Feb. 7 that could limit flavored milk to only students in grades 9 through 12. A second option would be to allow all grade levels access to flavored milk, but with draconian cuts to the amount of added sugar they could contain, without regard for nutrient density.

We already have nonsensical restrictions on fat levels for school milk. The more fat is removed from diets, the more sugar is added. That’s a default truth, especially for chocolate milk.

With a 30-minute webinar panel moderated by Ag Secretary Tom Vilsack On Feb. 3, Vilsack cited the Tufts University Friedman School – developer of the infamous Food Compass – as an authoritative source for the Biden-Harris National Strategy on Hunger, Nutrition and Health. The proposed rule itself mentions a “Healthy Eating Index” — a rating system — was applied to align with the 2020-25 Dietary Guidelines.

In the subsequent news release, USDA stated that the proposed rule is part of this National Strategy, which was released in conjunction with the White House Conference on Hunger, Nutrition and Health in September. The conference development, incidentally, was headed up by Dariush Mozaffarian, Dean of the Tufts University Friedman School of Nutrition Science and Policy.

(Please note that the FDA Healthy Labeling proposed rule is another piece of the National Strategy. Public comments on that end Feb. 16, 2023 at this link)

The goal of the National Strategy and the Feb. 7 proposed school meal rule, said Vilsack, is to end hunger and diet-related diseases by 2030.

With that pronouncement and other platitudes about hunger and health… USDA set off to the races on a set of new standards in a proposed rule for school meals that will further limit consumption of nutrient dense foods as multi-year implementation begins when ‘transitional flexibilities’ end in the 2024-25 school year.

Reducing added sugar and sodium levels, as well as increasing the percentages of whole grains, are at the core of the new rules, but there are pages and pages of rules to analyze.

Saturated fat restrictions, including milkfat, will continue and will be more restrictive as the transitional flexibilities USDA has allowed since the Covid pandemic and supply chain disruptions will end in school year 2024-25; however, more flexibility is granted to saturated fats from plant-based sources, such as seed oils.

Secretary Vilsack insists USDA has been on the right track with school meals since 2010. He applauded the results since the Healthy Hunger Free Kids Act was passed (which set up the vehicle for USDA to further restrict saturated fat and to remove whole and 2% milk from schools).

He said that the rate of obesity has declined among children in lower income brackets in every year since 2010. (We’ll have to dig into that because we’ve seen studies and reports showing quite the opposite trend.)

In other words, Vilsack is fully committed to the fat restrictions, and now added sugar and sodium are the new screws to be tightened.

“This makes me sad for our kids,” wrote one school foodservice director in an email after reading the proposed rule.

“If they don’t want us anymore, just tell us now and save us all the misery,” a milk bottler said in conversation upon hearing the news.

“Do public comments ever really make a difference?” a prominent nutrition and health investigator and advocate wrote in an email. “It seems to me that it’s so much window-dressing.”

Friday’s panel with Secretary Vilsack could be described as window-dressing. Consisting of a school-involved mother, a teacher, and a foodservice director, they each called for greater flexibility, more resources and support and more tools to feed nutritious meals as well as more time for children to eat their meals.

Flexibility was a big part of their panel comments. However, the new proposed rule is anything but flexible.

Take a look. Public comments close April 10, 2023

According to the USDA news release Monday, the USDA Food Nutrition Service describes this as “a gradual, multi-year approach to implementing a few important updates to the nutrition standards.”

These include, according to USDA:

— Limiting added sugars in certain high-sugar products and, later, across the weekly menu;

— Allowing flavored milk in certain circumstances and with reasonable limits on added sugars;

— Incrementally reducing weekly sodium limits over many school years; and

— Emphasizing products that are primarily whole grain, with the option for occasional non-whole grain products.

In some of these areas, USDA FNS proposes different options and is requesting input on which of the options “would best achieve the goal of improving child health while also being practical and realistic to implement.”

Specifically for milk, the proposed rule open to public comment contains two options, stating: “Both options would include the new added sugars limit for flavored milk and maintain the requirement that unflavored milk is offered at each meal service.

The two options further restrict flavored milk — even after the added sugars are reduced — as follows:

• Option 1: Allow only unflavored milk for grades K-8 and allow flavored and unflavored for grades 9-12. OR Allow only unflavored milk for grades K-5 and allow flavored and unflavored for grades 6-12. Either proposal would be effective School Year 2025-26.

• Option 2: Continue to allow flavored and unflavored milks for all grades (K-12).

On added sugars affecting the milk as well as other dairy products served in schools, the proposed rule states:

• Limits for grain-based desserts, breakfast cereals, yogurts, and flavored milks, effective in school year (SY) 2025-26.2 are product-based. (This means different rules for different foods).

• Weekly added sugars limit that must average less than 10% of calories per meal, effective school year 2027-28.

Stricter sodium levels are another area of multi-year implementation that will impact cheeses served in schools.

Dairy organizations are noting in their statements that they are looking into the particulars of these changes, and are at least glad to see non-fat and low-fat milk and dairy included but share concern about the proposed flavored milk restrictions.

(In this reporter’s opinion, the food police are going too far. We must find a way to feed and nourish children at school without jeopardizing their actual consumption of nutrient-dense whole foods that strengthen them and help them learn.)

One thing is clear about children. If it doesn’t taste good, they’re not going to consume it. In fact, several surveys indicate that if flavored milk is removed at the grade levels USDA is proposing, school milk sales could drop as much as 40%. This is on top of the 30% drop seen since 2012 when USDA — under then Secretary Vilsack — issued the rule restricting school milk to be fat-free or 1% low-fat unflavored or fat-free flavored options only.

First, USDA removed the fat, which is one element of milk’s flavor, not to mention a wealth of scientific evidence USDA continues to ignore on the health and nutritional benefits of milkfat, especially for growing children. Now, USDA proposes to remove the flavored options of milk until high school (or middle school).

Offering only fat-free and 1% low-fat white milk to elementary and middle-school aged students will be a non-starter for most of them.

Count on this leading to reduced consumption of a most nutrient-dense food and beverage, more wasted milk headed to landfills as the requirement to serve the milk stays intact, and a faster decline in fluid milk consumption into the future.

The proposed rules do not address the role of ‘offer vs. serve’. Currently, many schools allow students to refuse one or two of the meal options to cut down on waste. If fat-free or 1% low-fat white milk is the only milk option for students until 9th grade or 6th grade, count on it being refused, which then produces trends that have cumulative effects on school milk orders.

USDA FNS encourages all interested parties to comment on the proposed school meal standards rule during the 60-day comment period that began February 7, 2023 and ends April 10, 2023.

To read the proposed rule and comment on the docket FNS-2022-0043-0001, click here

Or  mail comments to School Meals Policy Division, Food and Nutrition Service, P.O. Box 9233, Reston, Virginia 20195. Reference Docket # FNS-2022-0043-0001

Meanwhile, Congresswoman Elise Stefanik of New York recently introduced — again — her bill requiring schools to offer flavored milk. This was a response in the last legislative session to prevent the New York City mayor and others from removing flavored milk options from schools. It looks like now this is a bill that will directly compete with USDA’s proposed new rule. Interested parties may also want to contact their members of Congress to support the flavored milk bill and to support the choice of whole milk in schools, WIC and other government feeding programs. More on such legislative efforts later.

On-time farm bill is Chairman Thompson’s top priority, areas of USDA oversight also rank high

By Sherry Bunting, (Nov. 25 interview has been updated since Thompson’s official caucus election to Ag Committee chairmanship)

WASHINGTON – With Republicans securing a slim majority in the U.S. House after the midterm elections, Congressman Glenn ‘G.T.’ Thompson (R-Pa.) is preparing to move from ranking member to chairman of the House Agriculture Committee when the 118th U.S. Congress is sworn in for the next legislative session on January 3, 2023.

The House Republican Steering Committee made it official December 7, selecting Thompson incoming Ag Committee Chair, the first from Pennsylvania since 1859.

Outgoing Chairman David Scott (D-Ga.) expressed his appreciation to fellow committee members, sharing in a statement: “As I prepare to hand the gavel over to Mr. Thompson… I am encouraged by the bipartisan work we have accomplished together, particularly around our shared interest in broadband and access to USDA programs for our new and small producers. Heading into the 2023 Farm Bill, I am hopeful and prayerful that the collegial spirit will continue and that the Agriculture Committee will be able to deliver a farm bill with strong Republican and Democratic bipartisan support.” 

A first order of business for incoming Chairman Thompson is to host his first official 2023 farm bill field hearing on the first Saturday of the Pennsylvania Farm Show, January 7 in Harrisburg.

Thompson has had a long history of holding listening sessions during the Farm Show and bringing with him some committee members from other states. This time, he’ll be looking at a larger venue at the complex, and he’s inviting all Democrat and Republican members of the House Ag Committee as well as prospects.

“The committees won’t be fully populated by then, but the chairmanship will be confirmed,” said Thompson in a recent Farmshine phone interview.

“The most important priority is the on-time completion of the 2023 farm bill as the current farm bill expires at the end of September 2023,” says Thompson. “Certainly, beyond that, we have oversight functions that are really important too.”

One of those areas of oversight, he explains, is the House and Senate Republican request already sent to USDA Secretary Tom Vilsack asking for an audit on “all the pots of money” in USDA that have come through executive actions and the spending in bills passed by the Democrat majority.

“We are asking for this audit because we believe it will be helpful going into the farm bill process to see those funds outside of the baseline,” Thompson explains. “We’ll be following up and looking forward to getting that information.”

In addition to bringing USDA in for oversight within and outside of the farm bill process, Thompson mentioned the leadership will want EPA Secretary Michael Regan to explain the things EPA has been advancing that are creating uncertainty and problems for America’s farmers and ranchers.

Outside of the funding for USDA conservation programs, Thompson says he is “absolutely opposed to making (the farm bill) a climate bill.”

It’s going to be busy in Washington D.C. after January 3, but he says he remains committed to bringing the Whole Milk for Healthy Kids Act forward again with potential legislative improvements.

“We’ll jump on whole milk right away, but it’s not in the farm bill, and it’s not in the Ag Committee, it’s in the Education and Workforce Committee,” Thompson explains, noting that he will be a senior member of that committee also, and will work with the chairman.

He reports that the Republicans had teed up a version of the childhood nutrition reauthorization last summer in that committee, but their bill and their amendments to allow whole milk and 2% milk in schools and in the WIC program did not make it into the version passed by the House on party lines.

The good news is the House Democrats’ version of the childhood nutrition reauthorization, without the whole milk provisions, also did not advance through the Senate, so it will be a do-over next session.

“Let’s hope the third time is the charm,” says Thompson. “I remain hopeful we can do it through that. My goal is to work hard to get it in as part of that base bill and go from there. We’ll need bipartisan support in the Senate, where the childhood nutrition reauthorization requires 60 votes.”

The Senate remains split down the middle with an edge to the Democrats in terms of committee leadership in the next Congress.

Back to the farm bill priorities, Thompson said protecting crop insurance as well as other crop and livestock protection products like Livestock Gross Margin (LGM) and LGM-Dairy as well as Dairy Margin Coverage (DMC) and support for DRP are front-burner. Enhancing them — where possible — ranks high on his list.

Along with that, he says the committee is learning from the disaster payments that have been made outside of the farm bill baseline to be looking at how to incorporate more of that relief in a way that provides certainty for farmers and ranchers and for the lenders providing them with access to capital.

Another priority will be to look at the Title I reference prices for commodities.

“With record high inflation, the challenge is not what is paid, but the margin left at the end of the day,” says Thompson.

“There’s really no part of the farm bill that’s ‘unimportant.’ The nutrition help is important to give a hand-up to those in need, and to be using this to provide access to career and technology education so people can rise above their financial struggles,” he explains.

When asked about milk pricing reforms in the farm bill, and the change made to the Class I mover in the previous farm bill, Thompson said: “It’s all on the table. No conclusions have been drawn yet. As we do these listening sessions and hearings, this is where we’ll decide what the tweaks will be to areas of the farm bill.”

Asked what he thinks about the talk coming out of the COP27 in Egypt this week, of the U.S. pledging to pay $1 billion in reparations to other countries for climate impacts – noting that China is being exempted from paying such reparations because of still being defined as a ‘developing’ nation — Congressman Thompson was blunt in his response.

“It is absolutely ridiculous. We should not be paying for that. The United States of America leads the way in the reduction of greenhouse gases, and a big part of that is because of our farmers and ranchers. They are our climate heroes, and they’re not getting enough credit for that, for what they are already doing,” he said.

In a follow up question about the ESG scoring and the Securities and Exchange Commission (SEC) proposed rule to track scope 3 emissions back to the farm level, Thompson observes: “Those are political-science driven policies with no place in American agriculture or American finance for that matter.”

When asked about the $11.4 billion in annual funding the President pledged at COP27 for climate transitions in other countries, Thompson added: “We would be funding some of the dirtiest economies in the world. It’s not our role to do that.”

The House controls the ‘purse strings’ so to speak, so this could be a show-down.

Given how CBO scoring of baselines is sometimes a hair-splitting mechanism in a farm bill negotiation, what was implied, without being specifically said by the incoming Chairman, is that some of these climate funds going elsewhere with no accountability might best go to making sure America’s farmers and ranchers have the certainty and backing they need to continue as American food producers. That, in itself, is good for climate and the environment.

Stay tuned.

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Biden, Vilsack pledge “whole of government approach” in scripted White House Nutrition Conference that converged with Tufts ‘Food Compass’ and FDA’s ‘healthy labeling’ rule; Fed. Reg. comments due Feb. 16, 2023

By Sherry Bunting, updated from original publication in Farmshine, Sept. 30, 2022

WASHINGTON — Get ready for unscientific nutrition bullying. Announced more than a year ago, the White House Conference on Food, Nutrition and Health Wednesday, September 28 was cloaked in secrecy until the eve of the event, when the 44-page “Biden-Harris Administration National Strategy on Hunger, Nutrition, and Health” was released Tuesday, September 27 around Noon. 

By 5:00 p.m., the Conference agenda appeared in the inbox of registered participants, and during the overnight hours, the Biden Administration released a fact-sheet announcing $8 billion in “new commitments” from over 100 private businesses, local governments and philanthropies for what it calls a “transformational vision.”

Taking a page from the World Economic Forum’s (WEF) Davos-style approach to food transformation, the White House solicited pledges to address the five “pillars” in its playbook. 

Of note among them are a $500 million investment by Sysco (foodservice vendor), nearly $50 million by Danone, $250 million from a collaboration of the Rockefeller Foundation and the American Heart Association on a ‘food as medicine’ initiative, and an undisclosed amount for a collaboration between Environmental Working Group, the James Beard Foundation, the Plant Based Foods Association and the Independent Restaurant Coalition to prompt more plant-based alternative and vegan offerings in foodservice — to name a few.

Then, at 9:15 a.m., just 15 minutes before USDA Secretary Vilsack was set to open the Conference ahead of President Joe Biden’s remarks, the Food and Drug Administration (FDA) announced its “proposed updated definition of a ‘Healthy’ claim on food packages to help improve diet and reduce chronic disease.”

Presto: FDA provided the ‘teeth,’ describing its proposal as aligning directly with the Dietary Guidelines. For the proposed rule, click here and to submit a comment by Dec. 28, 2022, (now updated as comment period ends Feb. 16, 2023): click here

This morsel had been under development over the past four years after public hearings in 2018-19 were reported by Farmshine and then deliberations went silent – until now.

The flurry of activity appeared in scripted fashion within the 24-hours prior to the start of the White House Nutrition Conference convening stakeholders. The first such conference was over 50 years ago and had served as the launch pad for what are known today as the infamous Dietary Guidelines for Americans (DGAs).

A Senate nutrition hearing exactly one year ago in November 2021 paved the way for the September 2022 White House Nutrition Conference.

CAPTION: “We have to give families a tool to keep them healthy. People need to know what they should be eating, and the FDA is already using its authority around healthy labeling so you know what to eat,” said President Biden. White House Conference screen capture

The Conference and follow up actions, said President Biden on Sept. 28, are being devoted to “nourishing the soul of America so that no child goes to bed hungry and no parent dies of a disease that can be prevented. We can do big things,” he said about the stated 2030 goals of ending hunger, increasing healthy eating and physical activity, and reducing diet-related illnesses and other nutrition-related health inequities.

“But,” Biden declared: “We have to give families a tool to keep them healthy. People need to know what they should be eating, and the FDA is already using its authority around healthy labeling so you know what to eat.”

The President continued: “We can use these advances to do more to be a stronger and healthier nation, to achieve ambitious goals. We must take advantage of these opportunities when we have these children in a whole of government, whole of society approach. We need to think in ways we never thought before.”

CAPTION: Ag Secretary Tom Vilsack told the White House Nutrition Conference crowd of more than 500 in-person and more than 6000 logged-in virtually that the Administration is looking to extend the child tax credits, provide more funds for more free school meals, and “take nutrition in a new direction using a whole of government approach that involves the entire federal family.” White House Conference screen capture

In his remarks ahead of the President, Ag Secretary Tom Vilsack stated that government programs feed 1 in 4 children. He and Biden both talked about expanding the child credit permanently. They talked about $2 billion in funding for food banks and schools, including $100 million for ‘incentives’ to make school meals healthier. They both noted funding to make free school meals available for 9 million additional children. A laundry-list of throwing money at a problem without re-evaluating the flawed guidelines that run the school meals and other USDA food programs despite preponderance of evidence that saturated fats are not the enemy.

There was talk of going “a new direction” but this is all process-based. There was no talk of reviewing the flawed Dietary Guidelines that helped get us here and that the Biden-Harris strategy puts so much emphasis on.

Parsing through the 44-page National Strategy, the bottom line is to expect more of the same drill-down on eliminating animal fats, only worse and with stiffer process, labeling and speech boundaries through FDA and the FTC.

We can expect nutrition bullying to commence — if we step outside of the still-vague but Dietary Guidelines-centered White House playbook. In fact, in addition to the FDA ‘Healthy’ label update, a small-print detail in the 44-page Strategy promises power and funding to the Federal Trade Commission (FTC) to scrutinize and penalize food marketing claims for being out-of-bounds on the Biden-Harris DGA-scripted nutrition field of play.

Vilsack noted the National Strategy’s approach is a “whole of government approach that involves the entire federal family.”

In preparation for the Conference, many have lamented the lack of transparency leading up to it. For months, the Conference website gave instructions on how to hold a ‘watch party,’ or a ‘satellite event,’ and how to rally support for nutrition and health ahead of time. But all of the necessary details were missing — until the day of the conference. 

Emailed invitations were sent to those who registered just three days before — requesting that they visit a web-portal and record an interview to provide input. There, people respond to White House questions and their faces are added to a streaming screen full of moving mouths — giving the appearance of broad input flowing in from Americans.

Made nervous by the lack of a published agenda or framework, over a dozen agricultural organizations had sent a letter to President Biden on September 8th asking for a “seat at the table.” Those organizations included American Farm Bureau and commodity groups for wheat, beef, sorghum, peanuts, canola, soybeans, barley, corn, sunflower, eggs and rice.

Dairy organizations were conspicuously absent from any of the pre-Conference letter-writing or other such public statements. But then, the dairy industry has its man Vilsack in play, and its DGA 3-a-day – so case-closed – can’t be bothered on the milkfat and whole milk issue.

On the agenda provided the day of the Conference, we found former DMI vice president of sustainability, Erin Fitzgerald — who now serves as CEO of the U.S. Farmers and Ranchers Alliance and who represented USFRA and referenced her boss at the dairy checkoff during a WEF panel in Davos earlier this year — leading a plenary session on “access to affordable foods.” Also, Chuck Conners of the National Association of Farmer Cooperatives led the plenary discussion on “empowering consumers to make healthy choices.”

(We learned after the Sept. Conference that National Milk Producers Federation and the National Dairy Council, funded by the mandatory dairy farmer checkoff, were invited to attend. They were represented, and they brought “student leaders” from GENYOUth. To read NMPF’s statement after the Conference, click here).

Key questions around “what are those healthy choices” to be compassed in tools and identified in FDA labeling went repeatedly unanswered as the discussions focused on approaches and processes, perhaps deeming the unsettled dietary science on fats to be settled science with no need for discussion.

Nutrition Coalition founder, advocate, author and investigative journalist Nina Teicholz has been writing about the Conference for weeks before it began, noting the lack of a pre-conference agenda and the refusal of the Administration to review the science on saturated fats ahead of this ‘landmark’ event.

She points out that the White House delegated Conference planning to the Dean of the Tufts Friedman School of Nutrition Science and Policy at Tufts University Professor Dariush Mozaffarian — developer of the Food Compass, which is a new method for rating and ranking foods in categories to be consumed frequently, modestly, and occasionally.

To understand what the Food Compass looks like — sugary cereals rank far ahead of the milk that goes in the bowl with them. And, nearly 70 brand-named cereals from General Mills, Kellogg’s, and Post are ranked twice as high as eggs cooked in butter! Alternative fake milk beverages, such as almond juice, rank ahead of skim milk and far ahead of whole milk. Potato chips (yes, potato chips) are an example of a food that ranks ahead of a simple hard-boiled egg and light-years ahead of whole milk, most cheeses and real beef.

In fact, the only cattle-derived product to get top sector ranking is plain non-fat yogurt. (Surprise: Danone was one of the Food Compass development sponsors). Meanwhile, most cheeses, whole milk, and beef ranked near or at the very bottom of the lowest categories.

Coincidentally, Mozaffarian’s department at Tufts also received a $10 million grant from USDA in November 2021 for a five-year project “to help develop cultivated meat” (aka lab-created meat) through assessment of consumer attitudes and development of K-12 curriculum.

Teicholz laments the lack of consideration by the White House, USDA, HHS and FDA as they ignore many reviews including the most recent state-of-the-art review on saturated fats, whose authors include five former members of the Dietary Guidelines Advisory Committee.

“These are the people who wrote the guidelines saying: ‘We got it wrong,’” writes Teicholz.

Their paper was published in the prestigious Journal of the American College of Cardiologists, whose Editor in Chief named it as one of the top 5 papers of the year. Science like this appears to be off the menu of the White House nutrition playbook.

The entire playbook hinges upon the main tenets of the current Dietary Guidelines for Americans even though the DGAs are being questioned by the scientific community… Even though the DGAs have screened out sound science on dietary animal fats and proteins for at least the past three cycles (15 years)… Even though the rates of American obesity and diet-related illnesses were mostly stable pre-DGA but have risen steadily since the DGA cycles began… And even though these consequences have risen dramatically among children and teens during the past decade since school meals, school milk and a la carte competing foods and beverages were further restricted to the low-fat levels of the DGAs.

What does the White House blame for this poor performance? The playbook cites the Covid pandemic food choices of Americans — stuck at home — for the deteriorated statistics. Unbelievable! These statistics have been deteriorating for decades, especially since 2012.

Looking over the playbook, it closely follows the pattern of FDA’s Multi-year Nutrition Innovation Strategy proceedings that have been quietly underway after public hearings in 2018-19 until the ‘Healthy’ label proposal was announced Sept. 28, 2022.

Appearing in the White House playbook is the proclamation that food and beverage packaging will move toward simpler nutrition guidance under FDA, that an easily recognizable ‘healthy symbol’ will be reserved for front-of-package labeling on those foods the government deems Americans should eat, and a potential ranking system for symbols will be developed for packaging of foods and beverages the federal government deems unhealthy.

This is all coincidentally similar to the Tufts Food Compass, and the substance behind these simplified ‘healthy’ (or not) symbols is a doubling-down on the low-fat DGAs as a primary base metric. Here is a deep dive into the Tufts Food Compass that Mozaffarian, the White House Nutrition Conference Chairman, had a critical role in developing to now be the formation of future food policy. Read the comprehensive analysis here

The National Strategy calls for even more adherence to the flawed DGAs among every sector of the economy beyond government feeding programs, schools, hospitals, and military diets to include foodservice offerings, supermarket layouts, online shopping algorithms, even licensing for all daycare or childcare providers and nutrition certification for these licensed childcare providers – not just those receiving government subsidies for food. 

This is so-called “stealth-health” at its best — or rather its worst.

The Biden Administration professes to be concerned about the 1 in 10 households experiencing food insecurity and the rise in diet-related diseases among the leading causes of death and disability in the U.S. The White House cites data showing 19 states have obesity prevalence at 35% or higher with 1 in 10 citizens having diabetes, 1 in 3 with cancer in their lifetime, and nearly 5 in 10 with high blood pressure. 

Yet, there is no pause for a comprehensive review of the very dietary guidance, the DGAs, that helped get us here. 

The National Strategy reveals how the Administration is assembling executive orders, legislative prompts, calls for action among food organizations, companies, agencies, academia and state and local governments to get everyone on the same page making Davos-style pledges and to conform to the federal playbook.

In the executive summary, the President writes: “Everyone has an important role to play in addressing these challenges: local, State, territory and Tribal governments; Congress; the private sector; civil society; agricultural workers; philanthropists; academics; and of course, the Federal Government.”

(Note Biden’s only reference to farmers or food producers is as “agricultural workers.”)

The playbook’s five pillars talk about improvement, integration, empowerment, support and enhancement. It coins phrases like ‘food as medicine’ and ‘prescriptions for food.’ Reading deeper, we see a launch pad for a new method of nutrition ranking and labeling with the primary factors listed as low-sodium, low-fat and reduced added sugars.

CAPTION: This diagram on page 6 of the 44-page Biden-Harris Nutrition Strategy, the White House ‘playbook,’ clearly identifies the very real concerns, but the pillars of this strategy double-down on perpetuating the problem by giving even more influence to the low-fat / high-carb Dietary Guidelines that many in the scientific community are questioning. The ‘playbook’ also increases the reach of the federal government into the diets of children in daycare and schools. 

The playbook’s diagrams show us the concerning impact of food insecurity and diet-related diseases in poor overall health, poor mental health, increased financial stress, decreased academic achievement, reduced workforce productivity, increased health care costs and reduced military readiness – but then doubles-down on the solution being more of the same low-fat / high-carb dietary path that got us here.

The White House playbook states that, “The vast majority of Americans do not eat enough vegetables, fruits or whole grains and eat too much saturated fat, sodium and added sugars.” But at the same time, on the saturated fat question, the data show per capita consumption of red meat has declined since the start of the DGAs, and milk consumption has substantially declined.

Americans are being called upon to “unify around a transformational vision,” said Biden. 

This vision includes more federal control of diets and nutrition education after failing miserably with the control it already possesses. There is no talk of revisiting the path we are on, just doubling-down on how to get more Americans onto that DGA path, to tell them what to eat, and to put the FDA stamp on ‘approved’ foods and beverages while having the FTC investigate health and nutrition claims that fall outside of the flawed DGAs.

Translation: Let the ‘nutrition bullying’ from the White House bully-pulpit begin. Some of us are ready to rumble.

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Despite frustrations, G.T. is not giving up on ending federal prohibition of whole milk in schools

After his whole milk in schools amendment failed on a committee-level party-line vote in August, G.T. Thompson said he’s not giving up, but that a change in leadership is needed to get this done. “Current leadership has an anti-kid, anti-dairy bias. This has become all politics with no logic,” he said.
Bills that would end federal prohibition of whole milk in schools are before the United States Congress and in the Pennsylvania and New York state legislatures. In the U.S. House there are 95 cosponsors. In the Pennsylvania House, it was passed almost unanimously, but the PA Senate refuses to run it because of lunch money scare tactics. Proponents of the various whole milk bills say Democrat party leaders oppose this common sense measure. Some Democrat lawmakers have signed on along with the Republicans as cosponsors; however, as the fight to include it as an amendment in childhood nutrition reauthorization proved — the Democratic leadership has another agenda for America’s foods and beverages and has therefore halted any movement of this measure to end federal prohibition of whole milk in schools and in daycares and in WIC. This bill is simply about allowing a choice that would be healthy for America’s children and rural economy. The evidence is overwhelming that the Dietary Guidelines and Healthy Hunger Free Kids Act got it wrong. Our children and farmers are paying the price for this mistake. Those in charge don’t seem to care about science, freedom of choice, nor petitions signed by tens of thousands of people.

By Sherry Bunting, Farmshine, August 5, 2022

WASHINGTON, D.C. — An attempt by Congressman Glenn “G.T.” Thompson (R-Pa.) to get his Whole Milk for Healthy Kids bill attached as part of an amendment to the Childhood Nutrition Reauthorization package failed last week despite the bill having nearly 100 cosponsors, including both Republicans and Democrats.

Joining him in introducing the amendment during the Committee’s markup of the Democrat’s child nutrition reauthorization were Representatives Elise Stefanik (R-N.Y.), Fred Keller (R-Pa.) and Russ Fulcher (R-Idaho).

“Unfortunately, the Democrats folded on us, and the amendment was defeated,” said Thompson in a Farmshine phone interview Tuesday (Aug. 2). The amendment also included language that would have allowed whole milk for mothers and children over age 2 enrolled in the WIC program.

“The current leadership has an anti-kid, anti-dairy bias, that’s my interpretation,” Thompson said. “Our whole milk provisions are good for youth and their physical and cognitive well-being. It’s also good for rural America.”

Thompson said his effort as a member of the House Committee on Education and Labor was to include the substance of two bills related to whole milk in the huge reauthorization package. Child nutrition reauthorization is normally a five-year cycle, but it has not been updated in over a decade since the Healthy Hunger Free Kids Act passed under a Democrat majority in 2010 to double-down on anti-fat policies in all government feeding programs, including schools.

“We wanted moms and children to get access to the best milk, but this has become all politics with no logic,” he said.

The Committee moved the child nutrition package forward last week without the whole milk provisions. That package will now go to the full House for a vote.

Thompson said its fate is uncertain, that it is likely to pass the House, although the margins are tighter there, he explained. 

However, he believes the child nutrition package will be “dead on arrival” in the Senate where it likely will not receive the 60 votes needed to pass.

If that happens, then the task of writing it would begin again in the next legislative session (2023-24).

“Our best hope (of getting the whole milk provisions for schools and WIC) is for Republicans to take back the majority in November,” said Thompson, explaining that he is already working with Ranking Member Virginia Foxx, a Republican from North Carolina. “She understands the issue and knows this is one of my top priorities.”

If Republicans gain a House majority in the midterm elections, Foxx is a likely candidate for chair of Education and Workforce, and Thompson would be a senior member of that committee as well as being a likely candidate for chair of the House Agriculture Committee, where he is currently the Ranking Member.

In fact, he said he is “very positive” about being successful getting Whole Milk for Healthy Kids out of committee under Republican leadership and is already working hard to ensure its success out of the full House, pending who is in leadership after the midterms.

Thompson said he is also working on allies in the Senate.

Up until now, it has been the outgoing Senator from Pennsylvania – Pat Toomey – who has “carried the milk” on this issue with companion legislation in the Senate.

“His bill impressed me in how he and his team thought through the issue on fat limits that are imposed on our nutrition professionals in schools,” said Thompson, taking note for future reintroductions of his bill.

On the House side, the Childhood Nutrition Reauthorization originates in the Education and Workforce Committee, but in the Senate the package originates in the Agriculture Committee.

Thompson notes that if the Republicans have a majority in the Senate, the current Ranking Member of the Ag Committee, John Boozman of Arkansas, is a likely candidate for chair. Boozman, who previously served in the U.S. House and was a mentor to Thompson. Today, they are the Ag Ranking Members in the two chambers and work closely on issues important to farmers and ranchers.

Back in 2018, when Thompson was asked at a farm meeting why his first introduction of the Whole Milk for Healthy Kids did not pass when Republicans did have a majority in the House and Senate in the 2017-18 legislative session, Thompson noted that National Milk Producers Federation, at that particular time, supported a more gradual shift to first codify the permission for 1% flavored milk then work up to the whole milk provision. 

When asked the question again after his amendment failed, he reflected, noting that in the 2017-18 legislative session, the school milk issue was not well-understood in either chamber of Congress. Then Secretary of Agriculture had made an executive decision to provide flexibility for schools to serve 1% flavored milk instead of limiting it to fat-free. But a bill to codify that change into law has also failed to pass in its three attempts as well. 

It’s not hard to believe that members of Congress do not understand this issue — given the fact that it has taken many years and much grassroots education effort to open even the eyes of parents to the school milk issue. Today, many parents are still unaware that their children over age two at 75% of daycares and 95% of schools (any that receive any federal dollars) do not have the option of drinking whole and 2% milk. Their only milk options by federal prohibition are 1% and fat-free. People just don’t believe it to be true and figure the problem kids have with milk at school is because it’s not chilled enough or comes in a hard to open carton.

In the current effort to get whole milk provisions into the child nutrition reauthorization, however, Thompson confirmed that in addition to the Grassroots PA Dairy Advisory Committee and 97 Milk effort —  “all major dairy organizations were working on this.”

Put simply, said Thompson, if the Republicans gain a majority in November, they are likely to be the ones who will write the next child nutrition package. As the one written recently by the Democrats is headed to the full House and has a tough-go in the Senate, Thompson said even if it does pass, targeted legislative fixes could be achieved in the next legislative session, pending a change in leadership.

“My goal is to work hard. The package that is going to the House now under the Democrats not only does not include whole milk provisions, it continues to micromanage school nutrition professionals who are the ones who know the kids the best and are in the best position to know how to help them eat in a healthy way,” said Thompson.

“Under the current (Healthy Hunger Free Kids Act of 2010) and this update — if it passes — kids aren’t eating the lunches. If they are not eating the meals (or drinking the milk), then it is not nutritious,” he added.-30-

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School lunch money scare tactics are holding up PA whole milk bill

Cousins Grace and Bella are my youngest granddaughters, pictured here in 2020 obviously enjoying their milk — mustache and all. They both started kindergarten in 2021, where for the next 12 years, their meals at school will not allow their choice of whole milk or even 2% milk — unless state and/or federal lawmakers act. Children consume 2 meals a day, 5 days a week, 75% of the year at school where they are denied the simple choice, even a la carte. A saddening and maddening state of affairs.

As adults, we should be ashamed of ourselves

By Sherry Bunting, Farmshine, July 8, 2022

I guess it’s true, good dairy bills – for more than a decade now – continue to be introduced in the Pennsylvania legislature, only to pass in the House but then die in the Senate. We’ve seen it with the many bills over the years aimed at amending the Pennsylvania Milk Marketing Law, and now we are seeing it with the Whole Milk in Pennsylvania Schools Act.

HB 2397 was introduced by Representative John Lawrence, and it passed the State House almost unanimously (196 to 2) in April. It then passed the State Senate Agriculture Committee and was re-referred to the State Senate Appropriations Committee, where it sits today digesting the “scare tactics” of its opponents – causing some heartburn for lawmakers thinking USDA could withhold all free and reduced school lunch reimbursements in Pennsylvania.

USDA is the bully waving children’s lunch money like a mighty sword demanding submissive obedience, even suggesting in May that schools lacking appropriate LGBTQ+ policies for “gender affirming” use of locker rooms, rest rooms and sports participation could be denied their free and reduced school lunch reimbursements. USDA has since recanted this notion — saying they meant only to address discrimination associated with the provision of the food. That’s more like it. But that redirection of the Department’s prior statement did not happen until more than 20 states’ Governors and Attorneys General threatened to sue the Biden Administration for using the lunch money of economically disadvantaged children to implement federalized bathroom gender policies.

On whole milk in schools, similar scare tactics are being used to prevent the Pennsylvania state bill from being voted on in the Senate chamber.

Bow thee, oh Pennsylvanians, to King Vilsack and the Dietary Police.

Even a certain farm paper published in Lancaster County has made it their business to take every point of whole milk choice supporters, the evidence, the law, and tear it apart – piece by piece. A head-scratcher, for sure.

I have been digging into the original Richard B. Russell National School Lunch Act of 1946 and the subsequent amendments through the 2010 Healthy Hunger Free Kids Act (HHFKA), as well as various memos from USDA to state nutrition program directors when the ‘Smart Snacks’ rules were implemented to govern a la carte beverages in 2012. I have also read through Pennsylvania Department of Education audits of schools, which are all publicly available. I can find no tie between a state law offering a self-select choice of whole milk (paid for with state or local or parental funds) to students as grounds for withholding free and reduced school meal reimbursements from schools. In fact, quite the contrary. 

Even the individual schools that would choose to provide the choice of whole and/or 2% milk to students could not be threatened with loss of their free and reduced lunch subsidy — as long as the meal pattern for the ‘served’ lunch is met; however, more importantly, it is clear that the only audit feature tied specifically to this reimbursement is that the financial eligibility of the recipients is properly qualified.

Here’s the key: Even if a school is deemed out of compliance on meal pattern or does not have a strong enough ‘wellness policy’ on ‘competing foods’ — as would be the case if whole milk was offered as a choice, USDA does not have the authority to yank the free and reduced school meal subsidy on that basis. This authority is linked to eligibility, financial eligibility.

Research into the 2010 HHFKA shows that the loss of this reimbursement is directly tied to how the students/families are qualified as financially eligible. There are extensive details on this in the law, and the auditing schools go through, the paper trail for eligibility, is extensive. This is a separate audit section from the meal pattern performance.

In fact, in passing the 2010 Healthy Hunger Free Kids Act (HHFKA), the U.S. Congress clearly stated — separately — that schools can receive a 6-cents per eligible meal ‘performance increase’ as an incentive to meet the new HHFKA-prescribed meal patterns and in addressing competing foods and beverages in school wellness policies per USDA. This ‘bonus’ is tied to the Food and Nutrition Board of the Academy of Sciences, not the Dietary Guidelines. (A 2018 National Academy of Sciences review was highly critical of the Dietary Guidelines process.)

In setting a 6-cent performance increase per eligible meal in the 2010 HHFKA, Congress also capped the total to be spent for this meal-pattern incentive at $50 million annually nationwide. This is over and above the separate free and reduced meal reimbursement, itself, which dwarfs the performance bonus at $14 billion annually nationwide. 

These are separate portions of the 2010 HHFKA. In Section E of the law, Failure to Comply spells out precisely what is at risk if a school is not in meal pattern compliance — the 6 cents increase per eligible meal, not the reimbursement for qualified free and reduced meals.

As for the ‘Smart Snacks’ rules promulgated by USDA and implemented fully in 2012, which govern the a la carte beverages and snacks that can be “available” on school premises during school hours? It is important to note that USDA’s own memos to state directors in 2014 clarified that the Department will “provide exemptions for certain foods that are nutrient dense, even if they may not meet all of the specific nutrient requirements.”

Whole milk is a nutrient dense food.

However, in playing ‘dictator’ with our children’s health, USDA chose its exemptions and ignored the nutrient density of whole milk. What did they use as an example in a memo to schools? “Peanut butter and other nut butters are exempt from the total fat and saturated fat standards since these foods are also nutrient dense… and we want students to consume more of these foods,” a memo to state directors stated.

Perhaps Impossible Burger is another ‘exemption’ given its calories, fat and sodium far exceed USDA rules, but it was so-impossibly approved by USDA in May 2021 for actual federal meal reimbursement. Impossible Burger is not particularly nutrient dense – but real beef is, and real beef is greatly limited in school meal pattern compliance, along with the ban on whole milk.

Bottomline, the USDA under Secretary Vilsack in 2012 took aim at beverages. In 2018, while working for DMI as one of dairy checkoff’s highest paid executives serving as President and CEO of the U.S. Dairy Export Council, Tom Vilsack was cheered and awarded during the dairy checkoff founded and funded GENYOUth Gala that year for his “success” in “finally” addressing the beverage situation in schools. 

Those were the words of former President Bill Clinton, a vegan, who spoke at length during the Gala about the beverage problem in the obesity crisis and how his friend Tom is the person who finally “got it done.”

What did he get done? He booted out the whole milk and paved the path for all of PepsiCo’s artificially sweetened and partially artificially sweetened beverages in school cafeterias – the Gatorade Zero, Mountain Dew Kickstart, Diet Coolers, Diet Cola’s, flavored waters – with that blend of high fructose corn syrup and sucralose that keeps them under 60 calories (the USDA threshold for an a la carte beverage per the Smart Snacks rules) and of course fat free – but also nutrition free. (PepsiCo got the GENYOUth Gala award the following year)

Sadly, the U.S. Congress also let dairy farmers down in 2010 by including the reference to the Dietary Guidelines in the one and only sentence on school milk in the HHFKA. All other nutritional references for the meal pattern are linked to the Food and Nutrition Board of the Academy of Sciences. 

Here’s what the HHFKA states under Nutrition Requirements for Fluid Milk Section 9(a)(2)(A) is amended to say: “shall offer students a variety of fluid milk. Such milk shall be consistent with the most recent Dietary Guidelines for Americans.” 

Even that milk sentence is ‘loose,’ and open to interpretation. Is the DGA recommendation of consuming ‘less than 10% calories from saturated fat’ a per-food, per-beverage, or per-meal ordinance or a whole-day allotment? 

We are told over and over that the DGAs are recommendations. Somehow USDA didn’t get that memo and decided to use DGAs to bully milk choices of children.

Never mind how counterproductive this is for children. When removing satiating nutrient dense fat from whole nutrient dense foods, kids compensate and replace this with nutritionally empty carbohydrates. 

Such were the early warnings of school foodservice personnel I interviewed over a decade ago as they piloted the draconian rules  before they were implemented. 

Such is also among the recent findings of the Milky Way controlled study by Australian researchers involving two sets of children — one having their milkfat consumption increased and the other having their milkfat consumption decreased. 

Care to guess which group saw a reduction in Body Mass Index percentile? Or which group had higher blood sodium levels? Or what the differences were in other biomarkers related to cardiovascular and metabolic health? (An article about this study appeared in the May 20 edition of Farmshine. It was the group of children who increased milkfat consumption that saw decreased BMI percentile and it was the group of children who decreased milkfat consumption that saw increased blood sodium levels! All other biomarkers for health were the same between the two groups.)

There are so many tentacles behind the scenes of how this whole school meal and school milk thing really work, that it boggles the mind – so much so that vested interests can come in and scare well-intentioned state lawmakers into thinking if they dare pass this bill and make nutrient dense flavorful whole milk available to schoolchildren as a CHOICE, that somehow the economically disadvantaged children of the Commonwealth could go hungry because USDA will take their lunch money. School foodservice directors are undoubtedly scared as well because the free/reduced reimbursements are a huge part of their budgets.

I’ve got news for the opponents of this bill, the State Senate Appropriations Committee, the Governor and the USDA: Our children are already suffering from hunger pangs in math class, and the absence of nutrient density in their school meals – on your watch right now, today. Do you care? Do the opponents of the whole milk bill spewing their scare tactics care?

The federal prohibition of whole milk in schools is the tip of a mighty iceberg that is failing our children while paving the path to an even less healthful future for America and a less economically healthful status for Pennsylvania dairy farms, the backbone of our state’s ag economy into the future.

We just celebrated our nation’s Independence Day, and yet our children cannot choose whole milk at school — even if their locally elected school boards want to offer it and even if their parents pay for it.

No one supporting this bill believes USDA will reimburse the actual whole milk, itself. Supporters just want the choice to be fully recognized as legal so that as parents, grandparents, farmers, citizens we can get about the business of next finding a way to provide this nutrient dense, satiating, delicious option to the children in our communities who consume two meals a day, five days a week, three-quarters of the year at school.

The issue spills out from the schools into other foodservice meals. It is heartwrenching for this reporter to listen to adults involved in dairy checkoff boast to farmers about how they are getting whole milk and cream into McDonald’s coffee drinks, into foodservice hot chocolate, into all of these trendy adult venues – while our children get a tiny fat-free chocolate milk in their happy meal because this school edict spills over into foodservice chains being bullied to do the same outside of school ‘for the kids’.

As adults, we should be ashamed of ourselves and reflect on our pathetic disregard for our children.

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Global Symposium: Milky Way Study reinforces why children should be allowed to choose whole milk

Therese O’Sullivan, professor of nutrition and dietetics at Edith Cowan University in western Australia shared results from the Milky Way Study, answering the question: “Should our children be consuming reduced fat or whole fat dairy products?” The short answer, according to the evidence: “Let them choose!” IDF Symposium screen capture

Other countries are taking note, when will the U.S. get it right?

By Sherry Bunting

BRUSSELS — A new double-blind randomized study of children consuming whole fat vs. low fat milk and dairy reinforces the already accumulated evidence that the choice should be allowed, especially for children, according to Professor Therese O’Sullivan in nutrition and dietetics at the Edith Cowan University in western Australia.

“The Milky Way Study suggests healthy children can safely consume whole fat dairy without concern. Future dietary guidelines can and should recommend either whole or reduced fat dairy,” O’Sullivan confirmed as she presented the study’s results during the Nutrition and Health Symposium organized by the International Dairy Federation in Brussels, Belgium last Thursday (May 12).

The virtual event was attended by over 200 nutrition and health professionals from all over the world. They heard from eight experts and two moderators from various regions of the world, focusing on the role dairy plays across life stages. The first five sessions of the daylong event focused on the role of dairy in maternal diets and for children and teens. The last half focused on aging adults.

The Milky Way Study is deemed the first ‘direct dairy intervention’ study, and it supports the already accumulating evidence that children should be able to choose whole fat milk and dairy as there is no scientific or health reason not to let them choose, O’Sullivan indicated.

The study was costly and time intensive as a double-blind randomized intervention in which the whole fat dairy group consumed more milkfat during the study than their normal consumption had been before the study, and the low fat dairy group consumed less.

Continual testing during the study period showed no statistical differences in key health and nutrition biomarkers except the whole fat milk group’s BMI percentile declined during the study period. This is a key result because this is the first “intervention” study to test “causation” in what the already accumulated evidence shows.

The push by dietary guidelines to limit milkfat in countries like the U.S. and Australia was mentioned during panel discussion in relation to the Milky Way Study, supporting studies, and meta-analysis, with experts noting these guidelines need revisited.

“There is no evidence to suggest that moving to low fat dairy helps,” O’Sullivan said, noting there were no significant differences between the whole fat and low fat study groups when it came to the children’s daily caloric intake, blood pressures, blood cholesterol and lipids, cardiometabolic disease — or any other measure.

However, O’Sullivan did observe a slight trend toward a reduction in BMI (body mass index) percentile in the study group consuming whole fat milk and dairy vs. low-fat milk and dairy.

As the primary researcher on the Milky Way Study, O’Sullivan found it interesting that the daily calorie intakes of both groups were equal, even though the group of children consuming whole fat milk and dairy were getting more calories in their dairy servings because the fat was left in.

“This showed us that as the calories came out of milk in the low fat group, the kids replaced those calories with something else,” O’Sullivan reported.

The sodium intakes were also higher in the low-fat milk group, suggesting the “replacement calories” came from snacks.

O’Sullivan noted that another “very interesting finding was that we didn’t see any improvement in blood lipids in the low fat group that we would expect to see based on the theory of saturated fat increasing lipids,” she said.

Bottom line, she noted: “Whole milk and dairy had a neutral or beneficial effect on cardiovascular (biomarkers) with no difference in lipids, and a small decrease in LDL (bad cholesterol) in the whole fat dairy group.”

She also observed that as the calories came out of the milk in the low fat group, the children were coming up in their consumption of other foods that – depending on their choices — could have an impact on lipid profiles.

(This basically supports the tenet that whole fat milk and dairy is satiating, satisfying, and because it is nutrient dense, children may be less likely to keep ‘searching’ for needed nutrition via salty, sweet and high-carb snacks. The Milky Way study supports what many have long said should be changed in dietary guidelines to increase and make more flexible the saturated fat limits and return the choice of whole fat milk and dairy to schools and daycare centers.)

“High fat dairy foods are not detrimentally affecting adults, children or adolescents,” said O’Sullivan in discussing supporting research and meta-analysis. She noted that her three-month Milky Way Study could be repeated for 12 months for more data, but that it is in line with other evidence.

During the panel discussion, nutrition experts talked about some of the issues in vegan / vegetarian dietary patterns, noting that even when given vitamin and mineral supplements, studies show children and teens could not get their levels where they needed to be in many cases, especially true for B12 and calcium, key nutrients found in milk.

One attendee asked why saturated fats are always ‘the bad guys’ in the dietary guidelines, wondering if there was any associated health risk effect in going from the whole fat to the low fat in the first place.

“Similar to other studies, we saw the kids were good at regulating their food intake to appetite and as we take away the fat, they replace it with something else for the calories to be the same,” O’Sullivan replied. “In one group, they ate more tortillas, in another we noticed sodium intakes went up, suggesting they ate more snack foods (when the fat was removed from the milk and dairy).”

She reminded attendees that there are also other types of fats in milk, including Omega 3 fatty acids.

“Kids do not have much Omega 3 in their diets because they are not as likely to be eating oily fish,” said O’Sullivan. “In the low fat group (in the Milky Way Study), when Omega 3 status went low, they were not replacing it.”

This means the whole fat milk group had an advantage in maintaining Omega 3 status also.

O’Sullivan explained that researchers looked at the membranes of the red blood cells and saw the long chain fats were also down, so if they stayed on that (low fat) diet, and did not have increased Omega somewhere else in the diet, “they may have a health impact down the line.”

An attendee from India noted their government is planning to introduce milk into the supplemental feeding programs for children, with milk programs in schools, beginning with elementary schools.

Increasingly, the global focus is on milk in schools, and this means the type of milk recommended by government dietary guidance is so important.

Attendees also wanted to know “How much saturated fat would be recommended daily for children?”

(In the U.S., schools, daycares and other institutional settings are required to keep calories from saturated fat below 10% of total calories of the meal with the milk included, and of the milk as a competing a la carte beverage, with no attention paid to nutrient density.)

O’Sullivan indicated the answer lies in looking more at the food source of the saturated fat and the level of nutrients accompanying it.

“We need food-focused dietary guidelines,” she said, noting the evidence shows it’s important to change the focus from ‘dietary’ saturated fat ‘levels’ to looking at “the whole food matrix, the overall matrix of the food and the nutrients when the saturated fat is contained in that matrix.”

Good nutrition is key for health and wellbeing throughout life and can help us live our lives to the fullest, said Symposium organizers. They noted that dairy products are nutrient-rich and are a source of protein, B vitamins, iodine, calcium, phosphorus, vitamin A, zinc and potassium – making them an excellent choice for nutritional needs at all ages and stages of life. The unique combination of nutrients and bioactive factors, and how they interact with each other in the dairy matrix, combine to produce the overall effect on health.

In fact, during panel discussion, some noted there is so much emphasis now on maternal nutrition and the first 1000 days of life, whereas not enough attention has been paid to children and teens.

“Intervention is required in the three later phases: middle childhood (5-9 years), when infection and malnutrition constrain growth; adolescent growth spurt (10-14 years) and the adolescent phase of growth, brain maturation and consolidation (15-19 years) if a child is to achieve his full potential as an adult – an important but often overlooked area being the diet”, noted Professor Seema Puri from Delhi University, India.

Professor Lisanne Du Plessis from Stellenbosch University, South Africa explained that food-based dietary guidelines are a key way to provide healthy eating guidance in every life stage. 

However, she said, only a few countries such as South Africa, Kenya and Nigeria have guidelines tailored to the specific nutritional needs of children.

In fact, this was a glaring concern in the Australian and U.S. guidelines — given the emphasis on avoiding milkfat leaving children and teens missing out on the key nutrients if they didn’t consume the required low-fat and fat-free products.

Talking about what type of milk children can and should drink seemed like a basic area of discussion that needs intervention.

“Changing to reduced-fat dairy does not result in improvements to markers of adiposity (high body mass index) or cardiometabolic disease risk in healthy children,” O’Sullivan stated.

Contrary to popular belief, she said, “there are no additional health benefits to consuming low-fat or fat-free dairy for children.”

Not only did conclusions from the Milky Way Study back this up, but also comparisons to other supporting evidence were shared.

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NY launches state bills to put whole milk option back in schools, joins PA in tackling federal prohibition

‘Let’s get this done’All urged to contact New York Governor and state legislators to ‘put whole milk back in schools’

By Sherry Bunting, Farmshine, May 6, 2022

SHARON SPRINGS, N.Y. — It was a rainy, dreary Monday (May 2), but dairy nutrition advocacy was bright and sunny in the feed room at Ridgedale Farm. The Conard family hosted a press conference supporting New York State legislation to bring whole and 2% milk back to schools.

Patterned after the Pennsylvania bill that has already passed the state House and is expected to be voted on in the Senate this month, the New York bill would support schools in their desire to offer more milk options, including whole and 2% milk produced on New York farms. The bill includes provisions for the Commissioner of Education to notify school superintendents about the flexibility as well as for the State Attorney General to file civil suits on behalf of schools if the federal government withholds other-than-milk funding.

While some media outlets continue to point to the superiority of federal regulations, there is a groundswell of state lawmakers saying “enough is enough” when it comes to the children and the farmers being victims of regs based on false narratives that push young people away from the very nutrition they need, and the very nutrients the Dietary Guidelines committee admitted their government-sanctioned dietary patterns are not providing.

The movement to have state legislatures get involved is not – as some would say – ‘political theater.’ No, this is the reality of where ‘we the people’ get a voice in the very sustenance of farms, food, and future generations. 

In Pennsylvania, it began with U.S. Congressman G.T. Thompson (Dist. 15) with H.R. 1861 as well as State Rep. John Lawrence (Dist. 13) with HB 2397. In New York State, it began with Congressman Antonio Delgado (Dist. 19) a prime cosponsor of H.R. 1861 and Assemblyman Chris Tague (Dist. 102) introducing A9990 with 25 cosponsors. Within a week of Tague’s bill, State Senator George Borrello (Dist. 57) sponsored S8999 with cosponsor Peter Oberacker (Dist. 51).

The New York legislation has been referred to each chamber’s Education Committee. Tague and Borrello are Ranking Members of each chamber’s Agriculture Committee.

Tague and Borrello were joined Monday by other supporting lawmakers, government officials, nutrition and education experts, dairy farmers, FFA members, school superintendents, town mayors, school principals, discussing why it is so important and urging a public groundswell to contact all NYS lawmakers and the Governor’s office in support.

“We are going to get whole milk back in schools. We’re dispelling the myths propagated by many over the years,” said Tague.

“I ask every one of you to spread the word — to your friends, to your family, to your neighbors, even your enemies. Ask them to join us. Call, email and text every single member of the New York State legislature. Tell them: ‘Put whole milk back in our schools!” he exclaimed.

“Then call Governor Hochul and tell Kathy we want whole milk back in our schools,” Tague explained that the bill must go through committee, then to the floor, then get voted on, and then it would go to the Governor.

“Government and misinformed people need to stop biting the hand that feeds them,” he added. “We cannot live without good nutritious foods. No farms, no food. How does a young person today make a go at it? Farmers are not only ‘price takers,’ they take everything else that comes at them. There’s never anybody that stands up for them. That ends today. We’re here to stand up for you.”

Senator Borrello reflected on the problem, which he said is “based on false narratives. A long time ago, they convinced us that taking skimmed milk and pouring it on high sugar, no fat, breakfast cereal was somehow a good breakfast choice for kids, and they’ve taken whole milk out of our schools. The result has been more waste, it ends up in the garbage. And what have we told our kids to do? It’s okay to have energy drinks and other things that just aren’t good for your health. We’ve also seen a dramatic rise in obesity rates.”

The data for these dietary patterns just is not there, said Borrello.

“Now we know that having fat in the diet is not only good for kids, it helps with their growth, and the kids that do drink whole milk actually end up with less obesity. The science had changed, but unfortunately, our government has not,” he said. “We should give the children the choice. But most importantly, we should recognize this is a good choice. That’s why this is an important bill. Most people don’t understand, that even whole milk is 97% fat free.”

Borrello observed these current dietary rules have further impact, that they are “the beginning of the push to take us away from products like milk, that want to push us toward things like almond beverage, which is not milk, and other things. That’s the real agenda here. Let’s understand that whole milk is nutritious. It feeds your brain. It feeds your body. It is probably one of the best, most nutritious drinks that you can have. But instead of serving that, they want to push these artificially created products onto our children and tell them that’s okay,” he said.

“We need to give them this (whole milk) choice because it is the right thing to do and because it is also good for agriculture, the most important and largest industry in New York State. People forget that. We are here today from all points of the state standing united to say this is the right time to bring back whole milk into our schools,” Borrello stressed.

Nutrition expert agreed

Toby Amidor, registered dietitian, nutrition expert, food safety consultant, instructor, speaker and author in New York City, drove out from Brooklyn to give her thoughts on the bill and whole milk misconceptions.

She confirmed the 2020-25 Dietary Guidelines for Americans “pinpoint three under-consumed nutrients that are found in milk, that people of all ages, including school age children, adolescent children, even toddlers, they don’t get enough of,” said Amidor.

“Those nutrients are calcium, vitamin D and potassium. Milk is a vehicle that you can get all of this nourishment into children in order to grow and thrive like we want them to. It’s an important thing to give them a choice. Choose (the milk) you want,” she explained.

Amidor was joined by various school system superintendents noting the key concern of student access to nutrition.

“School is where many children get their nourishment. So that’s where you want to give them these choices,” said Amidor. “It’s okay to have the fat in milk… it’s a nourishing drink, the fat increases the palatability of that nourishment – more power to it!”

School officials were blunt

“We have a large food service system and are highly focused on farm-to-school initiatives. Milk is one of those,” said Anita Murphy, Capitol Region Board of Cooperative Educational Services (BOCES) superintendent, representing 24 districts and 80,000 schoolchildren across four NYS counties.

“On a personal level, I don’t drink skim milk. If that’s the only thing there, I pass,” said Murphy. “I think that’s what happens with our children. If you walk into our cafeterias, what you will see is kids passing on milk. A lot of these kids eat two meals a day at school, and that’s it. That’s what they get, so if we don’t give them those things that they need and that they want that are good for them, we are making a mistake. We are willing to lend any support you need to get this done.”

Representing 22 school districts and more than 30,000 students, Dr. Gladys Kruse, Questar III BOCES district superintendent concurred. She thanked the lawmakers for their efforts.

“We need more children to drink milk to get the nutrition they need. We know some of our students get two of their meals a day at our schools. When we hear students throwing away their lunch or their milk, or we hear of farmers having to dump the milk they cannot sell, it is time to reevaluate and reconsider the options and the policies. This legislation is a welcome step in expanding the availability and consumption of milk locally and across the state,” said Dr. Kruse.

Thanking Tague for his leadership, Kruse stated the bill would “provide the flexibility to have more milk options available to our students. This includes whole milk and 2% milk produced here and across the state. From our first beverage as a child to a staple in our daily school lunches, milk is fuel of our young people’s growth and development.”

From the Berne-Knox-Westerlo Central School District, superintendent Dr. Tim Mundell talked about partnership and collaboration, calling the day’s event a great example of that.

“The passage of this bill would help us bring local whole milk to our students, viable nutrition and real value,” said Mundell noting the need for flexibility. “Students get two meals a day from us. Many of our students live in very isolated and rural areas and access to nutritional foods, like whole milk… for their health and well-being, it’s scarce, and it’s scary.”

“When we put kids at the center of all of our decisions and all of our advocacy, great things happen, and the decisions are easy. This (should be) a very easy decision,” he said.

Mundell also observed the losses in enrollments and economic opportunity throughout rural regions of the state. He said FFA leadership learning is so important, and when students are able to see agriculture economically thriving, it gets their minds thinking about life and options after high school.

“Passage of this bill will enhance the capacity of all rural areas in New York State to re-engage in economic development. We are on board for collaboration in making this economic activity happen,” he said.

From the dairy farmer perspective, Ray Dykeman of Dykeman and Sons, Fultonville admitted that farmers prefer being in the field or with the cows and doing the work producing nutritious food, but, he stressed that this advocacy is vital for the future.

“This bill is extremely important for the kids in school (and) for the dairy farmers in the area,” said Dykeman with appreciation to the Conard family and their “beautiful cows” as hosts.

He challenged people to compare whole milk’s label to most other beverage options, “if you can even pronounce half of the ingredients that were made in a laboratory. We were using milk products as many as 10,000 years ago. Why not trust the cow, probably one of the most perfect animals in the world?”

Dykeman also thanked the lawmakers for taking on this issue to bring whole milk back to schools at a time when dairy farms are challenged. “This legislation will support our hard working dairy farm family businesses and get more milk into New York schools. This is very encouraging. Agriculture is our number one industry, and milk is our number one commodity.”

Among the panel of speakers, the New York Farm Bureau and the Northeast Dairy Producers Association (NEDPA), based in Geneseo, were represented. Behind the scenes and joined by 30 other farmers in the Ridgedale feed room were grassroots whole milk promoters Duane Spaulding and Ann Diefendorf. They brought the 97 Milk messages and signage used prominently throughout the event.

In fact, Tague thanked the grassroots efforts of farmers, of 97 Milk, and even mentioned Milk Baleboard originator Nelson Troutman in his opening remarks.

For Farm Bureau, Todd Heyn noted their “long advocacy for the return of whole milk to schools, giving districts the ability to provide this healthy and nutritious dairy product to school kids.”

Heyn reported the bill would “provide additional markets for whole milk, a Class I dairy product that earns dairy farmers a higher price.” 

Heyn said this would support New York dairy farmers and raise awareness to find a workable solution at the national level, explaining that Farm Bureau is formally asking USDA to “follow the science around nutrition and revise the school nutrition guidelines for dairy products in the school lunch programs.”

The energy was really high by the time NEDPA executive director Tonya Van Slyke got to the podium. She talked about dairy farmers are part of a global economy but take pride in what they do locally… especially in schools.

While Tague and Borrello held the sign taken from images at 97milk.com touting all the benefits of whole milk, Van Slyke — a mother and dairy farmer — recalled walking intop the school cafeteria and being asked by the director: “’Dairy farmer, how did you let this happen? Why are they taking the healthy fat away from my babies?’ Nutrition helps them have good brain power.”

As she turned to Tague and thanked him and his colleagues, Van Slyke said: “Let’s get this done,” and the room erupted in echoes and applause.

Tague, a former dairy farmer himself, noted he had actually milked a famous cow in the very barn where the event was held Monday. He worked years ago for Wayne Conard and his father Willis. He made a direct appeal to the farmers, encouraging farmers everywhere to get into the game.

“We have a lot of work to do. This press conference today is just the beginning… the squeaky wheel gets the grease. Sometimes as farmers, we are too proud and too busy to let our voices be heard,” he said. “But folks, it ends today. We’ve got to get up and scream it. We’ve got to make them hear us that enough is enough. 

“Let’s leave here today with one thing in mind: Whole Milk back in our schools!”

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Dear Secretary Vilsack, please extend Dietary Guidelines public comment past May 16 and open saturated fat limits for course-correction review!

Screen capture from https://www.dietaryguidelines.gov/

‘Preponderance of evidence’ screams for a Dietary Guidelines course-correction to expand flexibility and increase, not reduce, saturated fat limits as well as to examine the nutrient deficiencies of currently approved dietary patterns in all life stages, and to examine the effects of these overly-prescriptive one-size-fits-all patterns on vulnerable populations in government feeding situations such as children obtaining most of their nourishment at school where DGAs rule.

Editorial opinion by Sherry Bunting, Farmshine, May 6, 2022

Recently, USDA and HHS launched the 2025-30 cycle of the Dietary Guidelines for Americans (DGA). Trouble is, the first and undeniably most important part of the process that will shape WHAT can be amended and the research-screening process for doing so are the “scientific questions” to be examined.

A paltry 30-day public comment period about these already-prepared questions was announced April 15 and expires May 16, 2022.

By the time you read this, there will be fewer than 10 days to comment. To read the USDA HHS proposed scientific questions, click here and to submit a comment to the docket, click here

In addition to the links above, comments can be mailed to Janet M. de Jesus, MS, RD, Office of Disease Prevention and Health Promotion (ODPHP) Office of the Assistant
Secretary for Health (OASH), HHS; 1101 Wootton Parkway, Suite 420; Rockville, MD 20852. Be sure to reference HHSOASH-2022-0005-0001 on the submission.

Lack of time to comment on the questions is not the only problem with the 2025-30 DGA launch. The commenting instructions state: “HHS and USDA will consider all public comments posted to Regulations.gov in relation to the specified criteria. Comments will be used to prioritize the scientific questions to be examined.”

These instructions do not leave much opening to amend the already-prepared scientific questions.

I encourage others to join me in requesting an extension of this comment period to 90 days and to open the process into a course-correcting complete re-evaluation of saturated fat limits — to drive home the point that the “preponderance of evidence” screams for higher, more flexible, saturated fat limits (especially for children), to review the science on saturated fat consumption at all life stages on not only cardiovascular health, but also weight management and diabetes, cognitive health, and other areas, including how current saturated fat limits affect under-consumption of essential nutrients, how these limits affect school meal patterns where most children receive most of their nourishment most of the year — considering the 2020-25 DGA Committee admitted the three government sanctioned dietary patterns are deficient in key nutrients of concern for all age groups.

Join me in asking USDA and HHS to educate the public about the true impact of the DGAs on our most vulnerable populations (children and the elderly) and to avoid prescriptive one-size-fits-all dietary patterns.

People don’t seem to pay much attention to the DGA process because there has been no full disclosure of the true impacts of these so-called “guidelines.” People say, oh, they’re “just guidelines.” Maybe that’s true for you and I, but what about the children? What about the elderly? They are under the ruthless thumb of USDA HHS DGA implementation in feeding programs for America’s most vulnerable ages and demographics.

The ink is barely dry on the 2020-25 DGAs, leaving many to believe there is plenty of time to comment on the next round — later — when the process is fully underway. After all, USDA reminds us this is a five-step process, and they are “committed” to providing plenty of opportunities to be heard.

Wrong. This first step is in many ways the most important for public comment because it shapes how the other four steps unfold. It shapes what research will be screened in and out of the process. It shapes what areas of the DGAs can be amended and specific criteria for how they can be amended — no matter how earthshaking a dietary revelation.

This first step also shapes how your future comments will be considered. For example, many comments, even research in the screening process, will be ignored as this 2025-30 DGA cycle unfolds when it is deemed to fall outside of the specific criteria set in the scientific questions of step-one — right now — for this 2025-30 cycle.

USDA and HHS have already formulated the 2025-30 “scientific questions,” leaving most of the failed guidelines ‘base’ pretty much moving forward — as-is.

One area the Departments announced will run parallel is on ‘planetary diets.’

The USDA HHS announcement notes that the 2025-30 DGAs won’t incorporate DIRECTLY any ‘climate-related’ dietary recommendations, stating: “Sustainability and the complex relationship between nutrition and climate change is an important, cross-cutting, high priority topic that also requires specific expertise. HHS and USDA will address this topic separate from the Committee’s process to inform work across the Departments.”

That’s about as clear as mud. In this statement, USDA seems to tie nutrition and climate change together with the term “cross-cutting,” and describes the “relationship” as a “high priority topic,” assuring us that USDA and HHS will handle this separately and then “inform.”

After looking through the scientific questions in the areas of systematic review and dietary patterns, below is my citizen’s comment: 

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Dear Secretary Vilsack:

To use the phrase you used repeatedly in a Congressional hearing about the 2015-20 Dietary Guidelines, the ‘preponderance of evidence’ on saturated fat limits for all ages — and for children and adolescents in particular — should be up for a complete re-evaluation in the 2025-30 DGAs.

Study after study show our government-sanctioned dietary patterns are failing our children who receive most of their nourishment at school under the thumb of USDA-HHS Dietary Guidelines. USDA even threatens to financially penalize any school that dares make nutritious, wholesome, satiating, healthful whole milk available — even for students to buy from a vending machine run by an FFA chapter seeking to raise funds for agriculture programs, simply because the calories and percent of calories from saturated fat in that nutrient-dense superior beverage exceed your arbitrary, unscientific DGA limit.

But that’s okay, say the HHS USDA DGA, just have a Mountain Dew Kickstart or a sugar-free Gatorade Zero. PepsiCo thanks you, dear USDA, for caring about the profitability of the Smart Snacks empire they and others have built on your say-so, while children become fatter, sicker and sadder and under-consume key nutrients for health and brain power.

Meanwhile, farmers wonder what on earth they can do to get the nutritious, natural, beautiful, local whole milk product they produce to the children in need of nourishment at school, while doctors bemoan under-consumption of nutrients of concern like calcium, vitamin D and potassium (abundant in milk, better absorbed with the fat).

Even the 2020-25 DGA Committee admitted that all three dietary patterns leave all age groups deficient in key nutrients. That’s okay, just get in line for our vitamin pills, right?

It’s even more concerning to see the diets in reality are even worse than they are on paper, if that’s possible, as students pass-over the obligatory skimmed milk in favor of big-brand junk drinks devoid of nutrition, or they take the skimmed milk and toss it into the trash.

USDA’s own study in 2013 showed that in the first year after the Smart Snacks regulations tied competing beverages to the DGAs — outright prohibiting whole milk and 2% milk from schools — student selection of milk fell 24%, and the amount of milk discarded by students increased by 22%. Other studies since 2012 show milk is among the most frequently discarded items at schools. World Wildlife Fund issued a report saying one way to reduce this waste is to educate schools on the fact that they are not forced to serve milk, they can offer it and educate students not to take the milk if they aren’t going to drink it.

What does that solve? It still leaves children and youth without the nourishment USDA touts in the school lunch program on paper even as the school meal situation has become an increasingly restrictive maze of fat limits and thresholds that schools give up managing it and leave it to the ‘Big Daddy’ institutional foodservice corporations with their pre-packaged, highly-processed deals that come with ‘USDA compliance guarantees.’

Why is the Biden Administration fast-tracking this agenda? There are four bipartisan bills before Congress dealing with school milk and others dealing with childhood nutrition. There are bills about allowing whole milk in schools at the state level in Pennsylvania and New York, with lawmakers in at least two other states watching closely to perhaps do the same.

The Whole Milk for Healthy Kids Act to repeal your whole milk prohibition has 93 cosponsors in 32 states. City schools, rural schools, town mayors, boards, teachers, parents, coaches, dieticians, doctors, nurses, farmers — people from all walks of life — and, yes, food and nutrition scientists are increasingly appalled at the school milk and school lunch issues — all under the thumb of the DGAs.

The DGAs are designed in a way that each 5-year cycle builds on the one before it — since 1990! The scientific questions are formulated to keep moving that way instead of looking back and re-evaluating or re-examining nutritional aspects USDA considers ‘settled science.’

In reality, however, there is nothing settled about the DGA ‘science’ on saturated fat. This build-upon process is flawed.

In fact the ‘preponderance of evidence’ would tell us the process should be opened up for a more thorough and reflective review, toward more flexible saturated fat limits — especially to expand overly-restrictive saturated fat limits that are creating concerns for children and youth and, in effect, keep nutrient-dense whole milk and 2% milk, as well as full-fat dairy products out of schools. By these standards, the DGAs actually embrace artificially-created highly processed beverages and foods — even Impossible Burger over Real Beef.

The preponderance of evidence is undeniable. The DGA saturated fat limits are a straight-jacket for schools, imprisoning children into poor nutritional health outcomes that can stay with them the rest of their lives and may affect their abilities to learn. Our future as a nation, the health of our children, the economic standing of our food producers, our nation’s food security, our national security itself are all rooted in these DGAs that are still centered on false narratives about saturated fat that the preponderance of evidence has disproven.

Please extend this comment period to 90 days and expand the input considerations and the process, especially as relates to saturated fat limits for all life stages and evaluate the current patterns for under-consumption of nutrients of concern for all life stages. Simply amending a failed base product is unproductive at best and creates more negative health consequences at worst. We need a DGA course correction, a re-do, rigorous scientific debate, acknowledgment that the science is not settled against fat with the preponderance of evidence moving toward the healthfulness of dietary fat.

Finally, we need a Dietary Guidelines product that serves more broadly as just that — guidelines — not a prescriptive one-size-fits-all straight-jacket that obviously is failing the majority of Americans.

Public discussion about the process is needed in a more open, thoughtful, comprehensive manner before the 2025-30 DGAs get underway.

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NYC Mayor leaves chocolate milk on school menu, ‘for now’

FARMSHINE EDITOR’S NOTE:  There is nothing simple about school milk today. Now there are three federal bills pending. One would legalize the options of whole and 2% flavored and unflavored milk in schools, one would restore just the 1% low-fat flavored milk option in schools, and now a third bill, a new one, would mandate that all schools offer at least one low-fat (1%) flavored milk option. At the state level in Pennsylvania, there’s also a whole milk in schools bill that recently passed the State House in a near-unanimous vote and is being considered by the State Senate as reported last week in Farmshine. Furthermore, a New York State Assemblyman has introduced a bill similar to the PA bill in the NY legislature. This week, however, the spotlight is on New York City schools as Mayor Eric Adams had proposed elimination of all flavored milk options.

Istock Photo (PC Yobro10)

By Sherry Bunting, published in Farmshine, April 22, 2022

NEW YORK CITY — A proposed chocolate milk ban appears to be on hold in New York City schools. The April 17 New York Post reported NYC Mayor Eric Adams has “backed off” on his system-wide chocolate milk ban, while seeking USDA’s blessing to offer non-dairy alternatives.

The article cited a letter from the mayor to USDA, noting Adams will leave the flavored milk option up to the individual NYC schools — “for now.” 

Adams, who publicly follows a ‘mostly vegan’ lifestyle, who launched Vegan-Friday in NYC schools in February, and who sought to ban flavored milk in schools during his previous tenure as Brooklyn borough president, now says he is holding off on the chocolate milk ban and is seeking more input on school food and beverage options, overall.

The International Dairy Foods Association (IDFA) applauded the news in a press release Tuesday (April 19). 

“The USDA school meal standards and the federal Dietary Guidelines for Americans both support serving low-fat (1%) flavored milk in schools,” the IDFA statement reads. It also pointed out that flavored milk processed for schools today contains 50% less added sugar and fewer calories than 10 years ago, so it meets Mayor Adams’ plan for school beverages to be under 130 calories.

National Milk Producers Federation (NMPF) also issued a statement thanking in particular U.S. Representatives Antonio Delgado (D-NY) and Elise Stefanik (R-NY) “for their advocacy in support of continued flexibility for schools to serve children healthy milk and dairy products that benefit their growth and development.”

Mayor Adams’ pause on the flavored milk ban came after nine of New York’s 27 members of the U.S. Congress signed a bipartisan letter in March urging him not to implement the ban. The letter was initiated by U.S. Congressman Antonio Delgado, a New York Democrat who is the prime cosponsor of Pennsylvania Republican Congressman G.T. Thompson’s Whole Milk for Healthy Kids Act, H.R. 1861. 

In the letter, the lawmakers noted that two-thirds of current school milk sales nationwide are low-fat (1%) flavored milk. In NYC, all flavored milk is currently fat-free. The lawmakers noted that the proposed flavored milk ban would go against the mayor’s stated goals of improving childhood nutrition and health.

“As members representing both rural and urban communities, we are committed to supporting the dairy farmers, producers and agriculture partners across New York, while also ensuring that children in NYC schools have access to critical, life-enhancing nutrients. Unfortunately, for many NYC families, the meals children receive in schools are their only source of many recommended nutrients,” the bipartisan letter stated.

The letter also pointed out that members of Congress from New York and across the country are supporting expanding — not restricting — the access to milk and flavored milk choices in schools. The letter mentioned the bipartisan Whole Milk for Healthy Kids Act (H.R. 1861 with 93 cosponsors from 32 states) and the bipartisan School Milk Nutrition Act (H.R. 4635 with 44 cosponsors from 21 states). 

H.R. 1861 would end the federal prohibition of flavored and unflavored whole and 2% milk in schools. H.R. 4635 would simply restore by statute the option of low-fat 1% flavored milk so it can’t be restricted to fat-free by USDA edict.

“Both (bills) expand flavored milk options in school lunchrooms and have received support from members of the New York Congressional delegation on both sides of the aisle. We strongly urge you to continue offering children the choice of flavored milk each and every day in New York City schools,” NY members of Congress conveyed to Mayor Adams in the letter.

New York Republican Congresswoman Elise Stefanik also introduced the lastest federal school milk bill, H.R. 7070, the Protecting School Milk Choices Act. The ink isn’t even dry on this one, which has three cosponsors from Long Island, western New York State and Iowa. It would require, not simply allow, schools to offer at least one low-fat (1%) flavored milk option.

“A silent crisis is gripping our nation’s schoolchildren. In a typical school year, more than 30 million students of all ages rely on school breakfast and lunch for their daily recommended intake of critical nutrients,” wrote Keith Ayoob in an April 11 New York Daily News editorial. The associate professor emeritus at the Albert Einstein College of Medicine in the Bronx served over 30 years as director of the nutrition clinic for the Children’s Evaluation and Rehabilitation Center. 

“As a clinician working with mostlylow-income, minority families for more than 30 years, I’ve taken thousands of dietary histories on children. I can tell you that for many, a school meal is by far the healthiest meal they will consume on any given day. For some kids, sadly, these are their only meals,” Ayoob stated.

He reported that more than 60% of children and teens are not meeting their needs for calcium, vitamin D and potassium, which are three of four ‘nutrients of concern,’ and that eliminating flavored milk from NYC school meals would cause childhood nutrition to further deteriorate. 

Yes, children should not eat excess added sugar, wrote Ayoob, but “small amounts can be useful… to drive the consumption of nutrient-rich and under-consumed foods.” He cited flavored milk and yogurt as two examples of how to beneficially “spend the few added sugar calories.”

The Richard B. Russell National School Lunch Act of 1946 has long upheld milk’s unique nutritional package, allowing substitution only if it is “nutritionally equivalent to fluid milk and meets nutritional standards established by the Secretary, which shall, among other requirements, include fortification of calcium, protein, vitamin A and vitamin D to levels found in cow’s milk for students who cannot consume fluid milk because of a medical or other special dietary need…” 

In addition, there is a section of this law that prohibits restriction of milk sales in schools. It states: “A school that participates in the school lunch program under this Act shall not directly or indirectly restrict the sale or marketing of fluid milk products by the school (or by a person approved by the school) at any time or any place — (i) on the school premises; or (ii) at any school-sponsored event.”

In its press release thanking parents, physicians, dieticians and members of Congress for speaking up, IDFA cited the results of a Morning Consult survey it had commissioned. 

The survey found 90% of New York City voters with children in public schools and 85% of parents nationwide supported offering the option of low-fat (1%) flavored milk in school meals. This means parents don’t want a ban on flavored milk, and they don’t want their children’s flavored milk choices restricted to fat-free.

As reported in the March 11 Farmshine, this survey also found that 58% of NYC parents and 78% of parents nationwide selected as most nutritious the whole milk and reduced-fat (2%) milk options that are currently prohibited in schools by the federal government, whereas only 24% of NYC parents and 18% of parents nationwide selected the low-fat (1%) and fat-free milk options that are currently allowed in schools. 

In fact, when asked what milk they “selected” as “most nutritious for them and their families,” the top pick of parents was whole milk at 34% of NYC parents and 43% nationwide; followed by reduced-fat (2%) milk at 24% and 35%; low-fat (1%) milk at 12% and 11%; and fat-free milk at 12% and 7%.

Among NYC parents, 9% selected ‘other,’ and 9% were unsure or had no opinion. Among parents, nationwide, 3% selected ‘other,’ and 1% were unsure or had no opinion.

Why do parental choices matter? Because children consume two out of three meals a day at school for a majority of the year.

How did we get here?

The Congress under a Democrat majority in 2010 passed the Healthy Hunger Free Kids Act that called for aligning government feeding programs, like school lunch, even more closely to the Dietary Guidelines for Americans (DGAs). 

Then, in 2012, the Obama-Vilsack USDA promulgated rules to outright ban whole and 2% reduced-fat unflavored and flavored milk as well as 1% low-fat flavored milk as “competing beverages” across all schools. USDA documents note that this move was based on information from an industry school wellness program that had touted three-a-day fat-free and low-fat dairy, reporting those schools that had voluntarily restricted the higher fat milk options were doing better in meeting the constraints of the Dietary Guidelines. 

Never mind the fact that the Dietary Guidelines Advisory committees admit their espoused fat-restrictive dietary patterns leave all age groups deficient in key nutrients of concern. 

During the first school year of the USDA whole and 2% milk prohibition (2012-13), which also saw all flavored milk restricted to fat-free status, USDA’s own study showed student selection of milk declined by 24%, and milk waste in schools increased 22% across two categories. That’s a double-whammy.

In 2017, the Trump-Perdue USDA provided regulatory flexibility to schools, allowing them to offer low-fat 1% flavored milk through a waiver process. This flexibility was reversed in 2021 by a court decision noting USDA erred by not providing adequate public comment before providing the new flexibilities on milk, sodium and whole grains. 

With the Coronavirus pandemic emerging in 2020, closing schools and creating supply chain challenges, USDA had implemented emergency flexibilities for school offerings.

Recently, the Biden-Vilsack USDA announced a transitional final rule for the 2022-23 and 2023-24 school years. In this rule, USDA recognized that post-pandemic schools “need more time to prepare” to meet the DGAs on fat (milk), sodium and whole grains. 

According to USDA, the Department is reviewing thousands of stakeholder comments received in March 2022 and expects to release updated child nutrition program standards in July 2022, which would then become effective for the 2024-25 school year and beyond.

USDA also announced on Friday (April 15) the opening of the next 5-year Dietary Guidelines cycle with a brief 30-day public comment period ending May 16 to weigh-in on proposed scientific questions that will guide the entire 2025-30 DGA process. Stay tuned.

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