Tag Archives: Healthy Hunger Free Kids Act

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

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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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The long and the short of it

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In all, 11 people testified during the Pennsylvania Senate Majority Policy Committee’s public hearing about the federal prohibition of whole milk in schools. I testified (right) in one of three panels, which also included (l-r) Nelson Troutman, Bernie Morrissey and Jackie Behr.
Below is the shorter, oral version of my full written testimony for the June 16, 2021 public hearing.

By Sherry Bunting

Good morning Honorable Chairman Scavello and Senate Committee. Thank you for inviting me to testify on whole milk choice in schools. My name is Sherry Bunting. As an ag journalist 40 years and former Eastern Lancaster County School Board member 8 years, not to mention as a mother and a nana, I see this from many sides.

From the dairy side, fluid milk sales had their steepest decline over the past decade as seen in the chart (above) with my written statement. There was a decline slowly before that, but you can see the drop off after 2010.

That was the year Congress passed the Healthy Hunger-Free Kids Act.

Two years prior, the national dairy checkoff, which farmers must pay into, signed a memorandum of understanding with USDA to advance the department’s Dietary Guidelines using the checkoff’s Fuel Up to Play 60 program in schools — promoting only fat-free and low-fat dairy.

(Note: This was confirmed in a May 2021 dairy checkoff press conference, stating that “DMI has been focusing on the youth audience ever since making its commitment to USDA on school nutrition in 2008,” and that Gen Z is the generation DMI has been working on since the launch of Fuel Up to Play 60, which was followed by the formation of GENYOUth and the signing of the memorandum of understanding, MOU, with USDA Secretary Tom Vilsack in that 2008-10 time period.)

By 2011, USDA had their data showing schools that voluntarily gave up whole and 2% milk were meeting the Department’s Dietary Guidelines more consistently — on paper — as far as fat content across the ‘served’ meals and the ‘a la carte’ offerings, combined.

With this data, USDA targeted whole and 2% milk, specifically, for mandatory removal from school grounds during school hours by 2012.

In fact, the ‘competing foods’ regulatory language at the time stated that even if you wanted to have a vending machine (with whole milk) as a fundraiser for FFA, it could only be open for two weeks for the fundraiser, maybe three. The rest of the time it had to be closed between the hours of midnight before the start of the school day and 30 minutes after the end of the school day.

This is how we are treating whole milk.

That looked good on paper, but the reality? Since 2008, the rate of overweight and diabetes has climbed fastest among teens and children after a decade of stipulations that you can only have whole milk until you’re 2 years old — and in the poorest demographics, who rely the most on school lunch and breakfast. This fact was acknowledged during a U.S. Senate Ag hearing on Childhood Nutrition in 2019, where senators even referenced a letter from 750 retired Generals sounding the alarm that young adults are too overweight to serve.

This is a federal and state issue, and I might add, a national security issue. Our state has an interest in the outcomes.

An example…

While Pennsylvania school doors are closed to whole milk — a fresh product most likely to be sourced from Pennsylvania farms — their doors are wide open to processed drinks profiting large global beverage and foodservice companies.

What the kids buy after throwing away the skimmed milk does not come close, as you’ve heard, to offering the minerals, vitamins and 8 grams of complete protein in a cup of whole milk. What’s on paper is not being realized by growing bodies, brains and immune systems. Not to mention the milkfat satiates and helps with absorption of some of those nutrients. A wise foodservice director who saw this coming told me in the late 1990s, while I was serving on the School Board, he said: “when too much fat is removed from a child’s diet, sugar craving and intake increase.” Some of the latest data show he was right.

School milk sales are 6 to 8% of total U.S. fluid milk sales. However, this represents, as you’ve heard, the loss of a whole generation of milk drinkers in one decade.

The Northeast Council of Farmer Cooperatives looked at school milk sales from 2013 through 2016 and reported that 288 million fewer half pints of milk were sold in schools during that period. This does not include half-pints that students were served but then discarded.

This situation impacts Pennsylvania’s milk market, farm-level milk price, and future viability — a factor in Pennsylvania losing 1,974 farms; 75,000 cows and 1.8 billion in production since 2009 – rippling through other businesses, ag infrastructure, revenue and jobs. We are, actually now, 8th in milk production in the U.S. If you go back 15 years, we were 4th. As of last year, we were passed by Minnesota.

The fat free / low fat push devalues milkfat as a component of the price paid to farms, making it a cheaper ingredient for other products. Our kids can have whole milk. There is no shortage of milk fat because if there was, producers would be paid a fairer price that reflected its value.

While the flaws in the Dietary Guidelines process would take a whole hearing in itself, Pennsylvania consumers see the benefits of milk fat in study after study and are choosing whole milk for their families. Redner’s Warehouse Markets, for example, reported to me their whole milk sales volumes are up 14.5%. Nationally, whole milk sales surpassed all other categories in 2019 for the first time in decades. So parents are choosing whole milk, and we saw that during Covid, and even before Covid.

Today, children receive one or two meals at school, and there’s a bill actually being considered by Congress to make three meals and a snack universal at school. Then what?

Many parents don’t even know that whole milk choice is prohibited. Even the New York State Senate Agriculture Committee, during a listening session on various issues, had a request brought up to legalize whole milk in schools. Three of the senators expressed their shock. One asked the person testifying — who is both a dairy farmer and an attorney — how could this be true? They thought she was joking.

(In fact, skepticism prompted Politifact to investigate. They confirmed, indeed, Lorraine Lewandrowski’s statement — “Make it legal for a New York state student to have a glass of fresh whole milk, a beautiful food from a beautiful land” — received the completely true rating on Politifact’s Truth-O-Meter because, yes, there is a federal prohibition of whole milk in schools.)

There’s just not enough people understanding that this is happening. Many people think the kids do have the choice, but they don’t.

My petition, that I started in late 2019, has nearly 25,000 signatures online. The links are with my written statement — and 5000 were mailed to me by snail-mail — so over 30,000 total. Nearly half of those are from Pennsylvania, and New York would be second as far as signatures, but we have signatures from every state in the nation.

When I looked through to vet it, to balance it and make sure we didn’t have people from other countries in these numbers, I started to see who was signing, from all walks of life — from farmers, to parents, to teachers, doctors, and on and on. Even state lawmakers, I recognized some names on there. The whole milk choice petition has opened eyes.

Thank you for this hearing, and please help bring the choice of whole milk back to our schools. Our children and dairy farmers are counting on us.

If I could just have a couple more seconds here, this is personal for me, as a grandmother. One of my grandchildren is lactose intolerant, or I should say, that’s how it would seem, but she has no trouble drinking whole milk at home. Her doctor says she may be lactose intolerant because she keeps coming home from school and having stomach problems at the end of the day. She now is not drinking the milk at school, just drinking whole milk at home. She can’t drink the skimmed milk, and there’s really some science behind that.

A professor in North Carolina (Richard C. Theuer, Ph.D.) mentioned this role of milk fat actually slowing the rate of carbohydrate absorption — which is the lactose. (As a member of the National Society for Nutrition and Adjunct Professor in the Department of Food, Bioprocessing and Nutrition Sciences at North Carolina State University, Theuer addressed this in at least two public comments on the Dietary Guidelines Federal Register docket, once in 2018 and then again in 2019.)

I’ll end my comment here, sorry I went a little over.

— At the conclusion of my time, Pennsylvania Senate Majority Policy Committee Chairman Mario Scavello said this was a good place for me to end my testimony because “what we’ve heard here today is children are not drinking the skim milk and the low-fat milk. We’ve got to get this corrected, the more I listen to this,” he said. Then, turning to Nelson Troutman on the panel in regard to the 97 Milk education effort, Scavello added: “By the way, I did see that 97 percent bale. Thank you for explaining it because I thought, what is this about? I could see the bales while driving on I-80.”

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Who is empowering whom? PART ONE: Dairy check-off’s GENYOUth thin on milk.

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AUTHOR’S NOTE: They call it “the dairy farmers’ youth wellness program” because it has been depicted as the brainchild of the National Dairy Council… But GENYOUth — including its flagship Fuel Up to Play 60 (FUTP60) — is thin on milk and threatens to steal even more demand as future milk drinkers are steered away from nutritious whole milk products. Meanwhile, the anti-animal and environmental NGO’s (non-governmental organizations) have been infiltrating new billionaire “sustainability” alliances poised to profit on the main course, while dairy farmers bow-down in hopes of crumbs. This is Part One of an investigative multi-part series.

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Depicted above is the illustration used to promote and glorify the 2018 GENYOUth Gala that was held at the Ziegfeld Ballroom in New York City on Nov. 27. The “superheroes” sponsors are listed further down on the 2018 GENYOUth Gala website. PepsiCo was the “hero” sponsor at $150,000. Champion sponsors of $100,000 each were UnitedHealthcare, Corteva Agriscience, Inmar and fairlife. So-called “defender” sponsors included Domino’s, Ecolab, Jamba Juice, Land O’Lakes, NFLPA, SAP, Leprino Foods, Schreiber, Ameritrade, RBC Capital Markets and Omnicom Group, each of which gave $50,000.

By Sherry Bunting, from Farmshine, Friday, January 11, 2019

BROWNSTOWN, Pa. — How serious is the National Dairy Board about improving fluid milk sales? We see some renewed emphasis on this lately, but our most important sales — those to children in school — threaten to steal even more demand from the future as we lose future milk drinkers with the forced service of only fat-free and 1% low-fat milk in the school lunch and breakfast programs.

Recent studies show that children and teenagers in the poorest demographic of the U.S. population are leading the epidemic of obesity and diabetes. One study by University of Michigan Health System, for example, revealed that for every 1% increase in low-income status among school districts, there as a 1.17% increase in rates of overweight/obese students. Researchers used data collected from mandated screenings that began in Massachusetts schools in 2011, and the percentage of overweight/obese students was compared with the percentage of students in each district eligible for free and reduced school lunch, transitional aid or food stamps (SNAP).

The meals these students receive at school are their best two options for nutrition and satiety all day. There are few restrictions for cheap, high-carb, high-fructose-corn-syrup foods and beverages that can be purchased with SNAP cards, so what will they find at the end of the day for their hunger at home? Soda pop and Dollar Store snacks.

What role is the National Dairy Council and its GENYOUth program playing?

The GENYOUth collaboration is aimed at making “a lasting difference in the lives of children.” That sounds great, but what have been both the intended and unintended lasting consequences?

Certainly, there is a long list of dairy research projects funded by the NDC. That’s a good thing.

But where the rubber meets the road, GENYOUth and its flagship program Fuel Up to Play 60 (FUTP60) are aimed at promoting a “healthy lifestyle” that focuses on 60 minutes of physical activity daily and consumption of fruits and vegetables, whole grains and lean protein “including low-fat and fat-free dairy.”

For nearly 10 years, the dairy checkoff has parroted the Dietary Guidelines on dairy service to children (and adults) when it comes to institutional feeding — the largest category of the food economy and the place where seeds are planted for lifelong choices based on nutrition education and flavor.

Let’s look at how GENYOUth was launched in 2010.

At the Nov. 27, 2018 gala in New York City, NFL Commissioner Roger Goodell stated that GENYOUth was the concept of Dairy Management Inc (DMI) CEO Tom Gallagher. Gallagher today serves as chairman of the GENYOUth board.

In a YouTube video of Goodell’s remarks — before handing the coveted 2018 Vanguard Award to PepsiCo CEO Albert Carey — Goodell stated that Gallagher came to him with the idea for GENYOUth 10 years ago, which was then “founded” in 2010 as a partnership between the National Dairy Council (NDC) and the National Football League (NFL).

In fact, in its 2014 Progress Report, GENYOUth’s beginning is described as making “cultural shifts” in school nutrition and exercise, stating further that, “Through signing a six-way Memorandum of Understanding (MOU) between the National Dairy Council, the National Football League, and the U.S. Department of Agriculture, Education, and Health and Human Services, we have created a productive synergy that has made the sky the limit for GENYOUth.”

According to a report at its website, genyouthnow.org, the foundation seeks to “convene leaders in a movement to empower America’s youth to create a healthier future.”

The 2018 GENYOUth Gala in New York City was billed as “honoring America’s everyday superheroes” and the Vanguard Award, as mentioned, went to PepsiCo.

But let’s go back to the second gala on Dec. 7, 2017 aboard the Intrepid in New York City. Former U.S. Secretary of Agriculture Tom Vilsack — who now serves as CEO of dairy checkoff-funded U.S. Dairy Export Council (USDEC) — was presented with the Vanguard Award that year.

The GENYOUth website cited “Vilsack’s accomplishments for dairy farmers” under President Obama — for having “legislated to improve the health of America’s kids.”

More specifically, the Vilsack accolades stated that he partnered with First Lady Michelle Obama on her “Let’s Move!” initiative — “alongside GENYOUth to improve the health of America’s children.”

These words show the partnership the NDC / DMI has had with the Obama / Vilsack administration on shared goals of promoting exercise and low-fat / high carb diets for children and youth.

According to the former GENYOUth foundation website before it was revamped to genyouthnow.org, the Vanguard Award presentation to Vilsack was described in January 2018 as follows:

“Sec. Vilsack helped pass and implement the Healthy, Hunger-Free Kids Act to help combat child hunger and obesity by making the most significant improvements to U.S. school meals in 30 years.”

What was included in these “significant improvements” in 2010?

For starters, America’s schools were forced to offer only fat-free flavored milk and only 1% or fat-free white milk, while the screws were tightened on the requirement that less than 10% of a school meal’s calories could come from saturated fat and by reducing the total number of calories in a meal served to children at school, while at the same time putting both program and promotion emphasis on plant-based meals containing scant lean protein.

This means that not only are dairy producers prohibited from putting their best and most nutritious foot forward with future milk drinkers at school, the schools are forced to serve butter substitutes and imitation cheese or cheeses that are diluted with starch to decrease the amount of calories the students receive from fat).

During the Pennsylvania Dairy Summit in February 2018, keynote speaker Nina Teicholz, author of The Big Fat Surprise — without realizing the significance of her statement — put these USDA / GENYOUth ideas to shame. She stated:

“The fat we eat is not the fat we get. The idea that 60 minutes of exercise can make up for a bad diet is disingenuous. You can’t exercise your way out of a bad diet.”

And Teicholz backed up her statement with facts, studies and charts.

Her 2014 book details her 10-years investigation, revealing the lack of sound science to support low-fat diets. Not only are new studies bearing this out, old studies were found to have been “buried” by the National Institute of Health (NIH) and American Heart Association, because they did not support the fat-heart hypothesis of Ancel Keys.

GENYOUth and FUTP60 not only dutifully “followed” these government guidelines but in reality worked alongside the Obama administration to develop them and further the reach of this low-fat dogma.

The implementation of those school milk rules have cost dairy farmers plenty in lost milk sales. Losses so steep that they drove the gradual declines in fluid milk consumption (see Fluid Milk Timeline chart below) plunging downward like a rock from 2010 through 2017 (most recent full-year figures)

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Timelines don’t lie. As we look at this fluid milk timeline, we can see the layered effects of government dietary policy, USDA requirements for fat-free milk (2010), that move occurring alongside the creation of GENYOUth (2010) and some reversal in whole milk trends moving higher after Nina Teicholz’s book Big Fat Surprise made the cover of Time magazine. Meanwhile, the past decade has also been one of FDA non-enforcement of milk’s standard of identity, allowing plant-based alternatives to take hold and proliferate. 

Bob Gray for the Northeast Association of Farm Cooperatives addressed these losses on a dairy policy forum panel in Washington exactly one year ago on January 8, 2018. Gray said: “For the last six years (2010 through 2016 data), we have not been able to sell 1% milk in the schools.”

He noted that in just the four years from 2012 to 2015, dairy producers had “lost 288 million half pints of sales to schoolchildren because of this move, alone.” And those losses continued through 2016 and 2017 and into 2018, despite the small move by the Trump administration to allow 1% flavored milk back into schools.

This is an uphill battle to turn around — what with all the fat-free and low-fat promotion and the fact that schools are already aligned with processors that prefer to keep the fat-free pipeline going.

In addition to GENYOUth honoring Secretary Vilsack with the 2017 Vanguard Award, the National Dairy Board provided him a checkoff-funded salaried position as CEO of USDEC, where his rallying cry has been to get export sales to 20% of expanding total milk production while Class I sales as a percentage of total milk production declined to below 20% by the end of 2017.

Remember, experts at various dairy market forums throughout 2018 have made the point that exports do not raise farm-level milk prices because they are “commodity clearing markets.”

But maybe that is the point.

If fluid milk consumption erodes as a percentage of milk production, the cost of milk to processors is reduced for the many other products competing globally for export sales to increase. Meanwhile, a pipeline for fat-free milk sales keeps the cost of milkfat for other products from accelerating in the farm milk check.

The highest-value class under the Federal Order pricing scheme is the shrinking piece of an expanding commodity-dairy-production-for-export pie.

Meanwhile, the past decade has been one of FDA non-enforcement of milk’s standard of identity, allowing plant-based alternatives to take hold and proliferate.

One can argue that the National Dairy Council — whether simply following USDA’s lead or by working alongside USDA to lead — has played right into the hands of GENYOUth ‘friend’ PepsiCo / Quaker.

Remember, Quaker was a company that DMI specifically partnered with a few years back, but the milk part of the Quaker Oatmeal promotion never really materialized, just like we don’t see the milk part promoted in any of the NFL’s Fuel Up to Play 60 spots. But the NFL is joined at the hip to PepsiCo with side-by-side logos during televised games.

Now, just six weeks after receiving the 2018 Vanguard award from GENYOUth, PepsiCo is launching its own Quaker Oat beverage.

In fact, PepsiCo CEO Albert Carey had the audacity to do a brief sales-pitch for what he called “our new oat milk” in his remarks after NFL commissioner Goodell handed him the highest GENYOUth award on behalf of the NFL and the National Dairy Council.

We’ll dig into that in future parts of this investigative series.

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