People don't form
governments to tell them what to eat. Our government was formed to
protect people's inalienable rights to their lives, liberty and
pursuit of happiness. When governments attempt to do more than that,
they violate the rights they are supposed to protect—and invariably
produce unintended consequence, usually the very opposite from what
they intend.
Take the case of chocolate
milk. It has become a fad all across the country to ban chocolate
milk in school lunches. Even the federal government has gotten in on
this. The argument has been that white milk is healthier because the
same volume of chocolate milk includes chocolate and sugar, meaning
slightly less volume of milk, and eliminating the sugar is said to
help combat obesity. So if only white milk were available, the
children supposedly would consume more actual milk and be healthier.
But contrary to the good
intentions of shortsighted lawmakers, the ban on chocolate milk
results in far less milk being consumed. Elementary school children
drank 35 percent less milk when flavored milk was banned, according
to a recent study by the School Nutrition Association, a group
representing school cafeteria workers. Some parents report their
children won't drink white milk because they don't like the taste.
Such children prefer to drink water if they can't get chocolate milk.
An audit at one Chicago school where milk is the only beverage
available found that a third of the milk taken at lunch was thrown
away.
About 70 percent of milk
consumed in schools is flavored, mostly chocolate. For some children
the only milk they get is at school lunch; if they won't drink white
milk, they get no milk at all. Clearly it is better for them to
drink chocolate milk than no milk at all.
The simplistic—and
false—claim that children will be healthier if chocolate milk is
banned shows an ignorance of the scientific nutritional benefits of
what they are prohibiting. More than 20 studies
link
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support the benefits of high-quality protein and nutrients in
chocolate milk for recovery after athletic exercise. Here are some
examples:
“
Lowfat
chocolate milk naturally has many of the nutrients most commercial
recovery drinks have to add in the lab—including high-quality
protein and key electrolytes like calcium, potassium, sodium and
magnesium.”
“Lowfat
chocolate milk has 9 essential nutrients, including some not
typically found in recovery drinks, that an athlete needs to perform
at his or her best every time.”
“Lowfat
chocolate milk contains high-quality protein to help repair and
rebuild muscles after strenuous exercise. It’s also been shown to
help athletes tone up—gain more lean muscle and lose fat—compared
to drinking a carb-only drink...[and] help athletes build and
maintain strong bones and reduce the risk of stress fractures.”
“Researchers
at the University of Texas at Austin found that following an
exhausting ride, trained cyclists had significantly more power and
rode faster, shaving about six minutes, on average, from their ride
time when they recovered with lowfat chocolate milk compared to a
carbohydrate sports drink and calorie-free beverage.”
Furthermore,
the School Nutrition Association, American Academy of Pediatrics,
American Dietetic Association, American Heart Association, and
National Medical Association argue that the nutritional value of
flavored low-fat or skim milk outweighs the harm of added sugar and
have issued a joint statement to that effect.
The
movement to ban chocolate milk got its impetus from the movement to
prohibit vending machines from selling soft drinks at schools because
they contain sugar. This was part of the “war on obesity.” Since
chocolate milk contains sugar, it too became a target in the “war
on obesity.”
The
war did not stop at the school yard. New York Mayor Michael
Bloomberg advocated a law banning the sale of sugary sodas larger
than 16 ounces by restaurants, delis, movie theaters and food carts.
That was supposed to show he was fighting obesity. But a week later
he showed up at Nathan's 97th
annual July Fourth International Hot Dog Eating Contest, where he
announced:
"It is a moment for all New Yorkers and all Americans to
celebrate the inalienable rights bestowed on us by our forefathers:
life, liberty, and the pursuit of happiness. For the contestants
assembled here, that includes consuming as many hot dogs as humanly
possible." This hypocrite would deny beverage consumers the
same “inalienable rights bestowed on us by our forefathers” to
consume sugary beverages of their choice that he grants for
“consuming as many hot dogs as humanly possible.” Indeed, he
proclaimed the latter “a moment for all New Yorkers and all
Americans to celebrate.”
Michael
Siegel, M.D., is a professor at the Boston University School of
Public Health. Here is his explanation
of facts about the hot dog eating contest:
"The winner of the 2011 hot dog
eating contest consumed 62 hot dogs and buns in just 10 minutes.
"A single Nathan's hot dog has 297
calories and 18 grams of fat. The bun contains an additional 120
calories. Thus, a single serving delivers 417 calories and 18 grams
of fat. This means that the winner of the hot dog eating contest
consumed 25,854 calories and 1,116 grams of fat within 10 minutes.
"Thus, Mayor Bloomberg
participated in a ceremony that glamorized and promoted the
over-consumption of already calorie- and fat-laden food to literally
millions of people, including about half a million New Yorkers. And
this is the guy who now wants to limit soda consumption to 16
ounces?"
For Bloomberg's “blatant hypocrisy,”
Dr. Michael Siegel inducted him into the Hypocrisy Hall of Shame.
In March 2013, one day before
Bloomberg's large soda ban was due to go into effect, Justice Milton
Tingling of state Supreme Court in Manhattan called the ban
'arbitrary and capricious' and
tossed the regulation out.
Bloomberg's
position on the sugary beverages is not only an infringement on
individuals' rights to liberty and the pursuit of happiness but shows
his ignorance of facts regarding beverages. Sugar-sweetened beverages
account for only 7 percent of calories of the average American's
diet, according to government data. And that 7 percent includes not
only sodas but fruit juice drinks, sport drinks, teas and coffee with
sugar.
Added sugars
consumed from soda have declined 39 percent since 2000, according to
the Centers for Disease Control—and yet obesity has been increasing
during this period. Since 1998, the average calories per serving from
beverages is down 23 percent due to development of more low- and
zero-calorie drinks—yet obesity continued to rise. Sales of
regular soft drinks declined 12.5 percent from 1999 to 2010—yet
obesity rates continued to rise during that same time. These facts
make it foolish to believe Bloomberg's policy will reduce obesity.
The American
Journal of Clinical Nutrition states:
“There are multidimensional determinants of obesity....A food
solution remains elusive, but a reductionist approach that focuses on
one food or one component of the food supply, in the presence of too
much, is unlikely to succeed.”
Dr.
Gilbert Ross, M.D., practiced medicine for 19 years, was a member of
the faculty of Cornell University Medical School and the Albert
Einstein College of Medicine, and is currently Executive Director and
Medical Director of the American Council on Science and Health. He
says,
“There is no solid evidence that restricting sodas to a certain
size will have the slightest impact on obesity.” Dr. Elizabeth
Whelan, a renowned epidemiologist who questions conventional wisdom
on food, said,
“Not only is the latest proposed ban frightening in terms of
government overreach, but it will have no impact on obesity.”
An Australian study of children
consuming sugar-sweetened beverages 1995 to 2007 found that obesity
had increased despite a substantial decline in intake of refined
sugar. Nor will taxing sugary beverages reduce
obesity. West Virginia and Arkansas are two states that tax soft
drinks, yet both are among the 10 states with highest obesity rates,
according to the Centers for Disease Control.
Taxes on sweets encouraged
substitution. In this case, shoppers substituted beer for soft
drinks, and the households that previously had purchased beer bought
even more beer after soft drinks were taxed.
The total fluid ounces of
beverages purchased by shoppers remained steady throughout the
entire study. There was a drop in unhealthy drink purchases during
the first month, but consumers resumed their soft drink purchases
thereafter, with no decrease in purchases at the three-month or
six-month marks.
The
government's role in school lunches extends far beyond the chocolate
milk issue. In Chicago some schools prohibit children from bringing
lunch from home. Citing a situation parallel to that of children who
won't drink white milk, a parent Erica Martinez said,
“Some kids don't like the food they give at our school for lunch or
breakfast. So it would be a good idea if they could bring their
lunch so they could at least eat something.” The WSJ wrote, “The healthy food is so bad that kids are literally starving
themselves rather than tucking into vegetarian curries, or else
engaging in the black market.” (Is the black market something we
want children to learn at school?) The Los
Angeles Times
reported
“At many campuses, an underground market for chips, candy,
fast-food burgers and other taboo fare is thriving.”
A
Chicago Public Schools spokeswoman couldn't say how many schools ban
lunches from home. Monique Bond said there is “no formal policy”
and the decision is left to the principals. Regarding the Little
Village school, she said, “this principal is encouraging healthier
choices and attempting to make an impact that extends beyond the
classroom.” Apparently, in attempting to impact beyond the
classroom some schools are shortchanging the educational function of
the school. On May 30, 2014, the Wall
Street Journal
reported some “schools have diverted funds from teaching to
reconfigure their menus to federal specifications.”
The
federal school food regulations were mandated by a 2010 law and went
into effect in 2012. According to the WSJ,
“The rules impose very specific quotas for the type and amount of
food served. Cafeterias, for example, must feature five 'vegetable
subgroups' across 'dark green, red/orange, beans/peas(legumes),
starchy and 'other' vegetables.' Schools have had to eliminate
popular items such as sandwiches. Two slices of bread over five days
exceed the weekly grain limit.
“The
rules are as poorly devised as they are overly proscriptive, and
often the school lunch calorie minimums cannot be satisfied with any
combination of the low-calorie Let's Move-approved foods.”
Julia
Bauscher, former president of the national School Nutrition
Association (SNA) and currently director of nutrition services for
Louisville’s public schools, says,
“I
currently have one lunch entree that meets the a la carte
requirements: grilled chicken breast on a whole-grain bun. But I
can’t serve condiments with it. How many kids are going to eat
grilled chicken with absolutely nothing on it?”
Mary
Anderson, culinary supervisor at the Wayzata High School in
Minnesota, says,
“The kids weren't getting enough food, they weren't full. We
really realized that we were not meeting consumer needs.” The
Minneapolis
Tribune
reported,
“Officials [at that school] are so unhappy with the new standards
they are doing away with the national school lunch program completely
next year.”
A
2014 investigation by the Government Accountability Office found some
schools were adding “gelatin, ice cream, or condiments such as
butter, jelly, ranch dressing or cheese sauce to become compliant,”
which increased kids' consumption of sugar, salt and
fat.
The
federal government subsidizes the banning of lunches from home by
putting money in the pockets of the school district and its food
provider. It pays the district for each free or reduced-price lunch,
and the caterer receives a set fee from the district per lunch. If
children in Chicago's public schools don't qualify for free or
reduced-price meals and can't bring lunch from home, they would have
to pay $2.25 for food they may refuse to eat.
Brenda
Braulick, president of the Minnesota branch of the School Nutrition
Association, says she sees
food
waste every day from kids who don't want a fruit or vegetable but are
forced to take one. “What we're seeing is a lot of whole fruit,
whole apples, whole bananas, not even with a bite taken out. To
force a kid to take it doesn't do any good.” The wasted food in
Braulick's district goes to a local hog farm. The USDA pays the
district an extra 6 cents for fruits and vegetables that cost 25 to
30 cents.
The
Los Angeles Unified School District alone “throws out at least
$100,000 worth of food a day — and probably far more,” estimates David Binkle, the district's food services director.
Nationally the cost of wasted food from schools is estimated at over
$1 billion annually.
With
so many students refusing to eat the required food, it's not
surprising that many are also rejecting the entire National School
Lunch Program. The Government Accountability Office reports that
participation last year plunged by 1.2 million students, the first
such decline in 30 years. Nationwide, students are buying a million
fewer lunches per day than two years ago. At least 534 schools have
dropped out of the program, and it's not just individual schools but
entire school districts that are dropping out. The USDA says about
150 school districts have exited the program.
In
July 2014 the Fort Thomas Independent School District
in northern Kentucky dropped out of the federal lunch program after
students last year bought 30,000 fewer meals from its school
cafeterias. Superintendent Gene Kirchner said dropping out will cost
the district $200,000 in lost federal funds, but he said the district
would lose even more money if it has to serve food the students
refuse to buy. Some districts get much more federal money—so much
more that they are hooked. “I get over
$30 million
in federal money,” says. Donna Martin, school nutrition director of
Georgia’s Burke County School District, “I can’t just give that
up.”
The
Healthy, Hunger-Free Kids Act was passed in 2010 as part of Obama’s
Let’s Move! campaign, to combat childhood obesity. “We’ve seen
the connection between what our kids eat and how well they perform in
school,” President Obama said when signing the law. If what he
said is true, the law must be degrading student performance in
schools.
The
situation is scheduled to get worse. The USDA set a series of
increasingly strict rules to be introduced over 10 years, starting in
2012. Nutritionists are worried about new standards for grains,
fruits and vegetables, and especially sodium. The sodium limit will
be a problem by 1917, says Leah Smith, current national president of
the school nutrition association.
The
SNA and other opponents of the food rules are calling on Congress and
the USDA to delay implementation of new standards to give the public
time to gradually adjust to them. This is the wrong approach. The
current standards are already worse than no standards at all. They
have resulted in students getting less milk, rather than more, some
getting no milk at all, and none getting the nutritional benefits of
chocolate milk. They have resulted in enormous waste of taxpayers'
dollars and parents dollars. They have resulted in enormous wastes of
food, and yet countless students get no lunch at school. Kirchner
says
it's a particular problem at high schools, “They’re
just skipping lunch and stopping by the minimart on the way home
instead.” Rebecca Stinson, a principal at an elementary school on
Chicago's South Side,
said,
“The kids may have money or earn money and [buy junk food] without
their parents' knowledge.” Thus the regulations motivate children
to eat more junk food and and undermine the parents' role in their
children's diet. It is time to end these problems.
The
issue is not whether stricter regulations should be mandated sooner
or later but whether such regulations should exist at all. “This
is such a fundamental infringement on parental responsibility,”
said J. Justin Wilson, a senior researcher at the Center for Consumer
Freedom. “This is a perfect example of how the government's
one-size-fits-all mandate on nutrition fails time and time
again....Would the school balk if the parent wanted to prepare a
healthier meal?”
If we all have inalienable
rights to life, liberty and the pursuit of happiness, then we are
entitled to exercise that liberty in the choice of foods and
beverages in our pursuit of happiness. This applies as much to
chocolate milk as to stuffing oneself with hot dogs. And it is the
very purpose of government to protect those rights. When it does so,
people work out for themselves the most satisfactory—and
economical—arrangements for providing goods and services to each
other, without the interference of government. That is what freedom
means and how and why it works in the marketplace. And it is why
government “solutions” are always inadequate, expensive and with
characteristically large amounts of waste. Those consequences are
unavoidable when government fails in its purpose of protecting
individual rights and substitutes regulations and mandates for
social, economic or political goals at the expense of liberty.
The federal government
should never have gotten involved in school lunches; it has no
constitutional authority for doing so. The Healthy, Hunger-Free Kids
Act is a rolling disaster. It has done just the opposite of what its
title suggests. It has made nutrition worse for children, leaving
more of them unsatisfied and hungry. It should not be “improved”
or amended; it should be abolished.