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Transfat Ban

No doubt most of you have heard by now of the FDA's plans to ban transfats .  I've had a few reporters ask about my thoughts on the issue, so I thought it would be useful to pass them along here.

First, from my reading of the research (and I will admit to being no expert on the issue), it does seem that consumption of "synthetic" transfats have deleterious health effects.  Interestingly, however, a few studies show that "natural" transfats from animal sources may not be as unhealthy, despite having similar chemical compositions as the "synthetic" transfats.  

The question before us isn't whether certain transfats are unhealthy - they are - but rather: what is the government's role in regulating transfats?  The move in recent years to educate the public on the scientific evidence, and even to require labeling of transfats on nutritional facts panels, is reasonable in my opinion given the established safety risks.  And indeed, almost every story I've read on the issue shows that these efforts alone caused a significant voluntary drop in use and consumption of transfats.  The trouble comes when some third party - the FDA in this case - moves from informing public about risks to making the decision for us.  The government has moved from the role of impartial referee conveying the rules of the game to a player in the game picking sides.

Many of the news stories point to the number of "lives saved" if a ban on transfats were implemented.  But, this is misleading when discussed without context.  We could save many more lives each year if the government banned driving.  Many lives could also be saved if we banned alcohol and went back to prohibition.  Skydiving is risky - why not ban that too?  The reasons is that many risk activities convey benefits to the public that must also be considered.  

What are the benefits from the use of tranfats in food?  Taste.  Mouthfeel.  Cost.  Improved shelf life.  What would be the costs of removing transfats?  Higher food prices.  Manufacturers may have to add more sugar or salt or more saturated fat to compensate for the loss of transfats.  The point is that any discussion of the benefits of a ban on transfats must be considered in the context of the costs of the ban.

Even if a ban passed a narrow cost-beneft test, I think we'd also want to ask whether the infringement on freedom of choice can be justified on logical grounds.  Stated differently, where is the market failure? Normally, economists identify market failures if there are price-altering market powers, externalities, public goods, or information asymmetries.  Only the later of these, in my opinion, has any credibility, but with the existence of labels, even that is no justification.  That leaves only one primary motive for the ban: the dim view that the public is unable to properly weight the risks themselves and are in need of paternalistic intervention.  Of course, government officials won't come right out and tell us that their motivation is our perceived ineptitude  because we'd rightly rebel against such a condescending attitude.       

One last point: it seems pretty clear that the provision of information via labels, and resulting consumer demands, induced innovation by food companies to come up with ways to do without transfats.  But, is it possible that a ban could hinder innovation?  As I've already mentioned, all transfats are not created equal.  Is it possible for scientists to develop new fats that convey some of the same beneficial properties as existing "synthetic" transfats without the health risks?  I don't know.  And we may never know if we institute a blanket ban.

More food stamp debates

This interesting article in Politico discusses ongoing discussions and challenges in the debate over the size and composition of food assistance programs that are typically bundled into the farm bill.  There questions over waivers, work requirements, the size of cuts, and many more:

House Agriculture Committee Chairman Frank Lucas (R-Okla.) is being asked to defend a Republican plan to permanently repeal waivers allowing able-bodied, jobless adults to continue to get aid in periods of high unemployment. Yet back home in Oklahoma, his own state already passed a law ending its waiver effective last month—without requiring any action by Congress.

Then there are fights over work requirements:

Not waiting for Washington, Republican Gov. Scott Walker is pushing ahead with a plan to cut off food stamp benefits for able-bodied adults without dependents who fail to work at least 20 hours a week. 

Given the nature of the partisan fighting (and infighting), I thought I'd go back to the survey we conducted last month where we asked people whether they supported or opposed various changes to the food stamps programs (more details on that are here).  

In particular, I wanted to break down the results to look at the partisan divide to see which issues Republicans and Democrats were in most and least agreement.  Here is the breakdown (the figures are the % that agree with the change).

fs2.JPG

I've highlighted in red those issues with the most disagreement between Rep and Dems (typically at 25-35% difference in support) and those in green where there is most agreement (typically less than a 10% difference in in support).  The biggest disagreements, not surprisingly, have to do with size of cuts.  Almost 60% of Republicans and almost 70% of Tea Party identifiers support cutting food stamps by $39 billion; only 29% of Democrats support that move.  Large majorities of Republicans and Democrats (81% and 72%) supported separating food stamps from the farm bill.

Also out of curiosity, I was interested in the difference in the general public and those who are on or who have ever previously been on food stamps.  Here is that breakdown.

 

fs1.JPG

The biggest disagreements are about the length of time one can stay on food stamps and the size of the cuts.  The most agreement is on splitting the farm bill and food stamps and on eliminating certain eligibility rules.  

All Natural Law Suits

Back in May, I wrote the following:  

there is a large contingent of lawyers with eyes set on the food industry   Some were involved in the Tobacco lawsuits and are looking for a new target.   Others are food lawyers and public health advocates using the legal system to invoke the change they want.  In other cases, food company A is suing food company B in an attempt to limit competition.  Whatever the reasons, one lawyer told me something to the effect that: if you've got the word "natural" on your food product, there is good chance you're going to get sued.

It seems the Wall Street Journal is now on the story.  They ran a piece yesterday on natural food labels.  They write:

Meanwhile, lawsuits are piling up, alleging false advertising. Attorneys say at least 100 lawsuits have been filed in the past two years challenging the natural claims of UnileverULVR.LN +0.32% PLC's Ben & Jerry's, Kellogg Co. K +0.41%  's Kashi, Beam Inc. BEAM +2.39% 's Skinnygirl alcohol drinks and dozens of other brands. Some lawsuits have been thrown out, but others have ended with multi-million-dollar settlements. Still others are pending. For the most part, the suits are filed by plaintiffs' lawyers on behalf of consumers who purchased the products, seeking class-action status.

The problem is, as the WSJ notes, that:

The Food and Drug Administration has no definition, says a spokeswoman, but rather a long-standing policy that it considers "natural'' to mean that "nothing artificial or synthetic (including all color additives regardless of source) has been included in, or has been added to, a food that would not normally be expected to be in the food.'' The agency's website says it is "difficult to define a food product that is 'natural' because the food has probably been processed and is no longer the product of the earth."

No only does the FDA not have a definition, another deeper problem is that consumers don't know what they think natural means.  As I pointed out in a survey in June, 66% of consumers think foods with added salt are natural, but only 32% think foods with added sodium chloride are natural.