Non Profits Sue General Mills for False and Misleading Use of ‘Natural’

For Immediate Release: August 25, 2016

Contacts:
Beyond Pesticides, Jay Feldman, 202-255-4296, Stephanie Davio, 202-543-5450
Organic Consumers Association, Katherine Paul, 207-653-3090
Moms Across America, Blair FitzGibbon, 202-503-6141

Non Profits Sue General Mills for False and Misleading Use of ‘Natural’
Tests Reveal Nature Valley Products Contain Glyphosate, an Ingredient in Monsanto’s Roundup

Washington, DC – Today, three non profit organizations filed a lawsuit against General Mills for misleading the public by labeling their Nature Valley brand granola bars “Made with 100% NATURAL whole grain OATS.” It was recently discovered that the herbicide chemical glyphosate, an ingredient in Roundup and hundreds of other glyphosate-based herbicides, is present in the Nature Valley granola bars, which consumers expect to be natural and free of toxins.

Moms Across America, Beyond Pesticides and Organic Consumers Association with The Richman Law Group filed jointly on behalf of the non profit members in Washington DC under the District of Columbia’s Consumer Protection Procedures Act.

“As a mother, when I read “100% Natural” I would expect that to mean no synthetic or toxic chemicals at all. Glyphosate is a toxic chemical that the EPA recognizes as a “reproductive effector” which “can cause liver and kidney damage” and “digestive effects.” It is unacceptable that Nature Valley granola bars contain any amount of this chemical.” Zen Honeycutt, Founder and Executive Director of Moms Across America.

A national survey conducted by Consumer Reports in 2015 finds that sixty six percent of consumers seek out products with a “natural” food label under the false belief that they are produced without pesticides, genetically modified organisms, hormones, and artificial ingredients.

A national survey conducted by Consumer Reports in 2015 finds that sixty six percent of consumers seek out products with a “natural” food label under the false belief that they are produced without pesticides, genetically modified organisms, hormones, and artificial ingredients.

“Glyphosate cannot be considered ‘natural’ because it is a toxic, synthetic herbicide,” said Jay Feldman, executive director of Beyond Pesticides. “Identified by the World Health Organization (WHO) as a carcinogen, it should not be allowed for use in food production, and certainly not in food with a label that suggests to consumers that the major ingredient –oats– is 100% natural, when it is produced with and contains the highly hazardous glyphosate,” he said.

“Food grown with dangerous pesticides like glyphosate isn’t natural. Consumers understand this. That’s why sales of natural products are booming. Unfortunately, companies’ misleading claims trick consumers into buying just what they’re trying to avoid. This has to be stopped.” -Alexis Baden-Mayer, Political Director of the Organic Consumers Association.

The case specifically cites the use and presence of the weedkiller glyphosate in General Mills’ Nature Valley Granola products. The hazardous chemical is used during the production of oats, the major ingredient in these products, which are marketed as “natural” and labeled “Made with 100% Natural Whole Grain Oats.” As a result, glyphosate is present in the natural-labeled products.

Proponents of glyphosate herbicide use may claim that the residue levels found in many foods and beverages in America recently are below the EPA allowable levels established in 2014, and therefore consumers have no reason to be concerned. However, a 2015 study published in the journal Environmental Health finds that chronic, low-dose exposure to glyphosate as low as .1 parts per billion leads to adverse effects on liver and kidney health. A study released in early 2016 finds that glyphosate can cause changes to DNA function resulting in the onset of chronic disease, including diabetes, obesity, and Alzheimer’s disease.

The lawsuit alleges that, when marketing Nature Valley products, General Mills misleads and fails to disclose to consumers of the use and presence of glyphosate and its harmful effects. Plaintiffs are asking a jury to find that General Mills’ “natural” labeling is deceptive and misleading and therefore a violation of law, and require its removal from the market.

Southern Tomato Pie

In that flaky crust is a whopping three and a half pounds of tomatoes, cooked down with caramelized onions and herbs and cozily blanketed with an oh-so-Southern hit of mayo and a not-so-Southern-but-really-really-good dose of fontina and parmesan. More tomatoes sit on top—fresh instead of roasted—for a pretty visual touch alongside some leaves of basil. It’s a gorgeous pie, and to be perfectly honest, one of the best things to come out of our test kitchen all summer.

MAKES 1 10-INCH PIE
2 HOURS, 30 MINUTES

For the pie crust

1 14 cups all-purpose flour
2 12 tsp. granulated sugar
12 tsp. salt
6 tbsp. cold butter cut into 12-inch cubes
2 tbsp. plus 1 tsp. ice-cold water
12 tsp. white vinegar

For the filling and topping

3 1⁄2 lb. vine-ripe tomatoes (about 12), cored, seeded, and cut into 1⁄2-inch dice, divided
2 tsp. salt, divided
1 tsp. sugar, divided
1 tbsp. butter
1 large yellow onion, thinly sliced with the grain
1 tsp. picked thyme
2 tbsp. extra-virgin olive oil
14 tsp. freshly ground black pepper
13 cup packed whole basil leaves
12 cup mayonnaise
13 cup grated fontina
13 cup grated Parmigiano-Reggiano
2 large Roma or heirloom tomatoes, thinly sliced and blotted dry with paper towels

Instructions

Make the pie crust: Place the flour, sugar, and salt in the bowl of a mixer fitted with the paddle attachment. Mix on medium for a few seconds. Begin adding the butter one cube at a time. Continue until the flour is speckled and crumbly, about 4 minutes. With the mixer still running, add the water and vinegar until just combined. Do not overmix. Press the dough into a 6-inch disk, wrap tightly in plastic wrap, and chill in the refrigerator overnight.
Bring the crust to room temperature and lightly butter a 10-inch metal pie pan. Preheat the oven to 400°. Dust your counter and rolling pin lightly with flour and roll the crust slightly larger than your pan. Lay the crust in the pan and press gently into its edges. Cut off the edges that hang over and discard. Freeze for at least 15 minutes or until you’re ready to blind-bake.
Lay foil or parchment paper on top of the crust and weigh that down with dried beans or rice. Blind-bake the shell for 30 minutes. Remove the pie weights and foil or parchment and bake 5 minutes more. Set the cooked crust aside as you prepare the filling.
Make the filling: Toss half of the diced tomatoes with 1⁄2 teaspoon salt and 1⁄2 teaspoon sugar. Set them over a colander to drain while you get everything else ready, at least an hour.
Lower your oven to 375°. In a medium sauté pan or skillet, melt the butter and then add the onion and 1⁄2 teaspoon salt. Cook over medium-low heat until deeply caramelized. This will take about 45 minutes. If the onion gets away from you and burns a little, add 1⁄4 cup of water to the pan, scrape up the overbrowned bits, and keep going. In the end, you have a scant 2⁄3 cup caramelized onion.
Toss the remaining diced tomatoes with 1⁄2 teaspoon salt, thyme, and olive oil. Spread in a single layer on a sheet tray with as much room separating the individual pieces as possible. Slide the tray onto the middle rack of your oven and roast for 30-35 minutes. You’re looking for the tomatoes to dry out and brown slightly.
Once all the individual components are done, stir together the onion, the fresh and roasted diced tomatoes, the remaining salt, sugar, black pepper, and basil.
Make the topping and finish the pie: In a separate, smaller bowl, stir together the mayonnaise, fontina, and Parmigiano. Spoon the filling into your blind-baked crust. Top with the cheese mixture and tomato slices. Bake in the middle of your oven for 30 minutes. You can serve this warm or at room temperature. Both have their virtues.

Why Almost Everything Dean Ornish Says about Nutrition Is Wrong.

So there’s little evidence to suggest that we need to avoid protein and fat. But what about the claims Ornish makes about the success of his own diet—do they hold up to scrutiny? Not exactly. His famous 1990 Lifestyle Heart trial involved a total of 48 patients with heart disease. Twenty-eight were assigned to his low-fat, plant-based diet and 20 were given usual cardiac care. After one year those following his diet were more likely to see a regression in their atherosclerosis.

But here’s the thing: The patients who followed his diet also quit smoking, started exercising and attended stress management training. The people in the control group were told to do none of these things. It’s hardly surprising that quitting smoking, exercising, reducing stress and dieting—when done together—improves heart health. But fact that the participants were making all of these lifestyle changes means that we cannot make any inferences about the effect of the diet alone.

An Open Letter from the OCA

Hi everyone,

OCA_circle_logo-200x200[1]Last night, just as I was being released from jail for dumping “Monsanto Money” on the Senate floor, the DARK Act, a bill to Deny Americans the Right to Know about foods produced with genetic engineering, passed the Senate and we’ve just learned that the U.S. House of Representatives may vote next week on that version of the bill, which would send it to the President’s for his signature.

Please contact your Member of Congress and urge them to vote against the DARK Act. Even the Food & Drug Administration says that the DARK Act could exempt virtually all GMOs from labeling.

There are two reasons why the DARK Act passed the Senate.

The first reason is Monsanto’s money. The Senators who voted for the DARK Act took, on average, 2.5 times as much money from agribusiness as those who voted against.

But, second reason is even more disturbing. Several Senators who voted NO in March, blocking the DARK Act, voted YES this week, allowing the DARK Act to move forward. These Senators were brought to the DARK side when the Organic Trade Association endorsed the legislation. (A rebuttal to their lies about the bill can be found here.)

Why would the OTA do this? OTA is controlled by companies that have organic brands but make most of their money from GMOs—and they don’t want those GMOs labeled. Consequently, OTA has always been weak on the GMO labeling issue. As the Organic Spies films exposed, two companies in particular, can take credit for OTA’s anti-right-to-know stance: Smucker’s and WhiteWave.

Smucker’s is on Organic Consumers Association’s boycott list because of the hundreds of thousands of dollars the company donated to anti-labeling efforts, including secret illegal contributions made through the Grocery Manufacturers Association. Smucker’s plays a leadership role in the Grocery Manufacturers Association.

WhiteWave made our boycott list during the fight over GMO alfalfa because of its relationship to Land O’Lakes, which partnered with Monsanto to develop the alfalfa.

If we weren’t already boycotting Smucker’s and WhiteWave, we would have started when the Grocery Manufacturers Association announced that the two were among many members of the GMA that were committed to using the SmartLabel QR codes that Monsanto likes and that the DARK Act aims to enshrine in federal law.

Smucker’s Kim Dietz is the vice-president OTA’s board. WhiteWave has two people on the board: Samantha Cabaluna (she works for WhiteWave brand Earthbound Farm, the country’s leading grower of organic produce) and Kelly Shea (WhiteWave’s Vice President of Government & Industry Relations).

United Natural Foods Inc. is another company in OTA’s leadership that is working behind the scenes to crush the GMO labeling movement. UNFI’s Vice President for Policy & Industry Relations, Melody Meyer, is UNFI’s rep on the OTA board as OTA’s immediate past president.

UNFI has reversed the usual story of conglomeration. Instead of a big GMO food company eating up smaller organic and natural brands, UNFI is the organic and natural brand that got big enough to eat up its GMO food rivals. Tony’s Fine Foods is typical of recent UNFI acquisitions. Most of the foods it distributes are GMO. One infamous brand it carries is Foster Farms, California’s largest factory-farmed and GMO-raised chicken producer. UNFI recently bought Nor-Cal Produce, the largest wholesaler of conventional and organic produce in Northern California (only 1/3 of its produce is organic).

Pete & Gerry’s Organic/Nellie’s Cage Free is another OTA board member (Jesse Laflamme) that would benefit from the DARK Act. Whole Foods Market made a commitment to label all of its GMOs by 2018, including the products of animals raised on GMO feed. The trouble is, a lot of their high-welfare animal products, like Nellie’s, are raised on GMO feed and would have to be labeled. The DARK Act would prevent any GMO labeling that doesn’t match the law, and, since the DARK Act says animal raised on GMO feed can’t be labeled, Whole Foods would be blocked from labeling. Nellie’s wouldn’t get a GMO label.

When communicating with Congress as OTA board members, Deitz, Shea, Meyer, Cabaluna and Laflamme can falsely claim to be speaking on behalf of the organic community, when they really are representing the interests of a companies that profit primarily from selling GMOs.

This is why so many Senators who voted no in March voted yes this week. Smucker’s is based in Ohio, so they brought along Sen. Brown (Smucker’s is a big donor). WhiteWave is Colorado, so Shea can take credit for Sen. Bennet. UNFI and Earthbound (WhiteWave subsidiary) are heavies in California, so Meyer and Cabaluna turned Sen. Feinstein. Pete & Gerry’s/Nellie’s Cage Free, with most of their farmers in PA, got Sen. Casey. OTA board chair, Organic Valley, based in Wisconsin, got Sen. Baldwin to flip. As an all-organic company, OV’s position is the hardest to understand, but it may be as simple as their new partnership with General Mills, which is a leader among anti-right-to-know companies. And, the largest contributor to OTA’s PAC, Gary Hirshberg/Stonyfield (NH) swung Sen. Shaheen.

Those six votes made the difference. 60 votes were needed to move the DARK Act forward. The cloture vote was 65-35. If these six had stayed “no” the DARK Act would have been blocked with only 59 votes.

Hirshberg’s motive is the same as the OTA companies with small stakes in organic and a lot of GMO food they don’t want to label. His all-organic yogurt brand is owned by Danone. He also has a personal interest in being seen as a Democratic Party player. According to Open Secrets, he’s a “bundler,” a big donor who raises money from their friends. He organized an OTA fundraiser at ExpoWest for Stabenow right after the vote in March.

Yes, Gary Hirshberg’s Just Label It was officially against the DARK Act, but we know from Congressional staffers and movement leaders that Gary told them privately that he and other organic leaders would support a QR code compromise bill. He also conveyed his support for a QR code compromise to the press. This is from Politico:

CONSUMER GROUPS COME AROUND TO GMO SMART LABELS: Well, kind of. Gary Hirshberg, chairman of pro-labeling group Just Label It, told lawmakers during the hearing that his group is open to any national solution that requires disclosure of GMOs in foods, noting that “certainly the focus has been on labels, but there has been a lot of talk of technology” in helping to inform consumers. Hirshberg told reporters after the hearing that a final solution will likely be a mix of labeling and an online disclosure system, though he added that “in our view, however, two words in the ingredient label is a lot easier” than getting into smartphones — and consumers don’t use QR codes. While it was hedged support, Hirshberg’s comments go further than many other labeling advocates, who have long dismissed the idea that has been championed by Agriculture Secretary Tom Vilsack and who have said that smart labels are a non-starter.

The plot got thicker right after Wednesday’s cloture vote, when Stonyfield’s parent company Danone announced that it has bought WhiteWave for $10.4 billion. So, now, we can see the direct influence Danone had on OTA’s two WhiteWave board members.

Thank you to everyone on this list who makes it possible for me and my organization’s members to buy food outside the corporate-controlled system. We need you all more than ever!

 

Best wishes,

 

Alexis

Alexis Baden-Mayer, Esq.
Political Director
Organic Consumers Association
202-744-0853