Back in the 90s, lawyers suing cigarette-makers clinched their case by proving smokers found it hard to quit not for lack of will, but because nicotine was addictive.
Now, some of the same lawyers are pointing to similar, preliminary but tantalizing findings about your burgers and fries.
From the days of “reefer madness,” that old anti-drug movie, the word “addiction” has conjured images of out-of-control behavior. But today, cutting edge science is shedding new light on addiction and its connection to chemical changes in the brain. If those changes can lead to compulsive behavior, some scientists wonder if fatty foods and drugs just might have more in common than you think.
Dr. William Jacobs: We’re very early in the game when it comes to addiction to food. The evidence is beginning to line up that there are so many similarities that I think we’re going to see that there are patients who are addicted to food.
Dr. William Jacobs studies addiction at the University of Florida, and has testified against cigarette makers in past tobacco cases.
He points to brain images that indicate activity in our brain’s reward and pleasure centers.
Dr. Jacobs: What that scans tells us is that the brain is responding to food in a nearly identical manner as it is responding to cocaine in the patients who met the criteria for food addiction.
Scanning people’s brains while making them sniff food looked like an odd experiment, but scientists at the prestigious Brookhaven National Lab are finding that just smelling and seeing certain foods, can often trigger a chemical excitement in the brains of over-eaters, making them compulsively want it.
And it seems our brain gets most excited by the things that cause us so many problems: sugar, salt, and fat.
Scientists warn our brain chemistry may actually change as we eat these foods, causing us to crave them even more.
Dr. Jacobs: If as a child I eat very sweet, pleasurable food, instead of my vegetables that my mother wants me to eat, I may be setting myself up for brain-changes that may be irreversible.
As preliminary as much of this science is, it’s all potential ammunition for lawyers like John Banzhaf.
Banzhaf: Fast food companies fail to tell people that there is now sufficient evidence that eating fatting foods can cause addictive changes in the body.
So do chocoholics and junk food junkies really exist? Science may be leaning that way, but the food industry says no. You have to eat to survive. You want to eat because it tastes good.
Joe McMenamin: Food is not an addicting substance. Food is not morphine. And the solution for the obesity problem is not litigation.
Joe McMenamin is a lawyer and a medical doctor in Richmond, Virginia. His firm represents food companies, so he’s studying the issue of food addiction. He’s concluded that calling food “addictive” is speculative junk science.
Dr. McMenamin: The behaviors of those who overeat simply don’t resemble the behaviors of those who truly addicted. In those who are addicted, we see altered mental status. We see abrupt and often impulsive behavior dangerous to the individual himself or others. We see withdrawal, when one is denied access to his drug of choice. Foods don’t do that.
So, how does this chemical excitement in our brain influence our decision-making as we pull into that drive-thru? If there is such a thing as food addiction, are some foods more addictive than others? The scientists we spoke to said a lot more needs to be understood before any of them would feel comfortable calling food “addictive” as experts on the witness stand. Stay tuned.
John Banzhaf: My colleagues and I are now planning lots more fat lawsuits.
As these threats of suing the food industry grow louder, the food industry is fighting back, launching an intensive campaign to portray lawyers like John Banzhaf as ambulance chasers.
Companies argue these lawsuits are frivolous and unnecessary. But just in case, in conferences, attorneys are gearing up to defend the industry.
Attorney Joe Price says lawyers like John Banzhaf may claim fast food is the next tobacco, but it really isn’t.
Joe Price, lawyer: A moderate amount of smoking is bad for you. A moderate amount of eating is what we all should be doing.
And big food is not about to repeat the mistakes of big tobacco. Instead of digging in its heels, many in the food industry are embracing their critics’ ideas.
Companies are voluntarily changing their products and marketing. And perhaps no company has been more aggressive about changing than the nation’s largest food company: Kraft.
At Kraft’s company store at its headquarters in Northfield, Illinois, I walked the aisles with Lance Friedmann, Kraft’s senior vice president in charge of global health and wellness.
Over the past four years, the company known for Cheez Whiz, Kool Aid, and Oreos, says it has cut fat out of over 200 products, trimming over 30 billion calories, including a sizeable bite in one of my favorites.
Stone Phillips, Dateline: This is the one I like right here. Honey Maid low fat graham crackers. Now, this—this hats off to you.Lance Friedmann: Thank you. You know, people love to get the favorites they’ve had for years in a healthier form.Phillips: Tastes great with milk.Friedmann: Just like—the way you like it right?
But tinkering with the classics of America’s cupboard has proven anything but easy. Consider the case of the Oreo. Born in 1912, the best-selling cookie of the 20th century came under attack in 2003, a California lawyer sued Kraft demanding the company stop selling the cookie to children, because it contained transfat, an unhealthy substance tied to high cholesterol and risk of heart attack.
Immediately, Kraft announced it would remove the transfat. The lawsuit was dropped. But Kraft’s delicate work had just begun.
Phillips: Huge brand for you, the Oreo cookie.Friedmann: Yes.Phillips: Was there reluctance to tamper with a recipe that had been so successful and the ingredients?Friedmann: When we made our announcement in the middle of 2003 that we were going to undertake a broad range of new initiatives in health and wellness, we got a lot of calls from consumers to our 800 number. And there were two messages they sent. The first one was typically, “We’re glad you’re doing this.” And the second message was, “Don’t mess with the taste of my Oreo.”
The company says it has spent over a hundred thousand hours of research to get transfat out of products. And the new tranfat-free Oreo is now available on store shelves.
Informal taste tests say it tastes the same... tastes like an Oreo.
Last year, Kraft took another bold step, confronting the controversial issue of advertising to children.
The people behind Dunkables, Lunchables, and Scooby-Do macaroni-n-cheese pulled all TV and print ads geared towards kids, unless the products meet the company’s “sensible solutions” standards—a self-imposed set of health criteria.
Phillips: We’re talking about overall about ten percent of the products that that Kraft makes.Friedmann: That’s right. Close to $3 billion in sales will no longer be advertised to kids 6 to 11.
Kraft says all these initiatives are market-driven. It’s what people want. But some say the company may be so diligent in part because Kraft’s majority owner—Altria—is also the makers of Phillip Morris cigarettes and they’ve been through this before.
Phillips: Tobacco companies have paid our billions of dollars as a result of anti-smoking lawsuits. Has the corporate experience in the tobacco wars influenced its thinking when it comes to the food front? Friedmann: You know, we’re doing this for two reasons. One, because it’s right for consumers. And two, because it’s right for our business.
With these changes, Kraft is hoping to set an example, showing that corporate responsibility can come without litigation.
Phillips: Who’s ultimately responsible? Friedmann: Obesity and trying to address it, we believe, is a shared responsibility.Phillips: I mean I guess inherent in that is at least some acknowledgement that foods have not been as healthy as they could be or should be?Friedmann: We’re trying to change the products we make and how we market them. And we think we can be part of the solution. We can be part of that effort. Phillips: Can the industry police itself?Friedmann: I would say judge us by our actions.
Judgement has been favorable. But not completely. Critics point out the company still targets kids, much younger than 11, bombarding them in stores with cartoon spokescharacters.
Phillips: Clifford the dog and Dora the Explorer. I mean, this is clearly aimed at very young children. I mean, who’s watching Clifford and who’s watching Dora?Friedman: We know that there are concerns that people have about this kind of packaging and licensing program. We’re going to continue to look at that.Phillips: We’re not seeing Dora the Explorer on packages of spinach—Friedman: again we’re very interested on continuing a dialogue.Phillips: So clearly you’re promoting the less healthy end of the portfolio..Friedman: Well, one of the actually one of the things that we intend to do as part of our over-all effort in kids marketing is to introduce new products that meet our Sensible Solution standards. Those may carry the some of the licensed characters as well. Phillips: I hear what the company line is, but I’m driving at is it’s just not the way to market food.Friedman: Well, the way to market food is what we’re trying to do with our TV initiative first, and then our Web sites, And this is probably the next frontier. We’re going to be looking at this.Phillips: So maybe its goodbye Sponge Bob Square Pants?
No response to that. But Kraft has decided not to renew it’s licensing agreement with Dora or Clifford.
Still, the food industry doing away with cartoon spokescharacters altogether... may be a job for Superman.
Stone Phillips: When somebody says eating at McDonald's made me fat, what do you say?
Don Thompson, Chief operating officer, McDonald's USA: I say, “I eat at McDonald's quite often, and I don’t consider myself to be the same thing.” However, having said that, you know, I couldn’t speak to why a person would say that. As McDonald's, we’re not the cause of obesity.
Don Thompson is the chief operating officer of McDonald’s USA. He helps decide what 26 million U.S. customers eat every day.
We met for a rare interview to discuss obesity, responsibility, and that McDonald's-made-me-fat lawsuit.
Phillips: This lawsuit was thrown out twice. It’s now been reinstated. Were you surprised?Don Thompson: Very much surprised. But we’re very hopeful it’ll be thrown out again.
In 2002 two obese girls sued the fast food giant because they said they couldn’t put those burgers down.
Thompson: The first time I heard the information about the lawsuit, honestly, I thought it was hoax. I really did. And as it move forward and, and we heard more about it, I just got to a point where I really felt like there was, there was someone was deferring their responsibility and abdicating the responsibility personally.Phillips: But do companies like McDonald's bear some responsibility at a time when—obesity is a major problem in this country?Thompson: What level of responsibility we do have is to provide menu choice. It is not up to us to define what is a part of a person’s diet. However, we wanna make sure that the choice is there.
So McDonald’s is now offering more chicken entrees, salads as a meal, water in place of soda, and these fruit plates instead of apple pie. Supersizing is gone, as is the old formula for Chicken McNuggets: leaner all-white meat replacing what a judge once called: “a McFrankenstein creation.”
Phillips: You changed your Chicken McNuggets.Thompson: Yes, we did. Children love the Chicken McNuggets. We also know that moms are very concerned about and want their children to have the absolute healthiest thing that they can possibly have. And so one of the things we wanted to do was to show moms we hear the concerns. We’re listening and learning. And we made a switch in our nuggets to all white meat.Phillips: Was any of that change related to the lawsuit?Thompson: No—none of the changes we made with our Chicken Nuggets was related to a lawsuit.
McDonald's says it’s constantly trying out new products, new options, and new initiatives.
Cathy Kapica, McDonald's head nutritionist: We’re not just about burgers and fries anymore. We’re not your mother’s McDonald's.
Cathy Kapica was McDonald's head nutritionist. We met at a suburban Chicago McDonald's.
Phillips: Are burgers and fries smart eating?Kapica: Burgers and fries can be part of a healthy eating style. Phillips: Can I eat it every day?Kapica: Depending upon, if you’re active enough. You can eat at McDonald’s every day. In fact, many of us who work at our corporate headquarters—our company cafeteria is a McDonald’s. And many of us eat there every day.
Phillips: But, are you eating hamburgers every day?
Kapica: Well, the thing is, is—dietary guidelines suggest, variety, moderation, and balance.Phillips: So you’re saying you can come every day. Just mix it up.Kapica: Right.
During her years at McDonald's, Kapica helped add several nutritional choices to the McDonald's menu board. None perhaps more successful than these small packages.
Phillips: Apple dippers.Kapica: You will love them.Phillips: This is very good—this is moist and delicious.Kapica: The apples are actually great.Phillips: Well, tastes good. Tastes good.
Apple dippers replacing fries in kids’ happy meals have made McDonald's the world’s largest provider of apples to children. But there’s a catch.
Phillips: All right, let’s have the caramel dipping sauce here. The ingredients are corn syrup, sweetened condensed whole milk, high fructose corn syrup—a lot of sugar in this. How healthy is this?Kapica: It provides energy. Not a lot of other nutrients. But once again, if that’s gonna help your child eat more apples, and it’s fun. It’s a treat. Phillips: Better than French fries.Kapica: You know, if you’re looking to cut down on calories for your child this is a better choice because it is lower in calories. If you’re looking to try and get your child to eat more fruit, this will help him do it. Phillips: Are you testing other fruit and veggie products?Kapica: Yes. We’ve tested dozens of vegetables with children. They liked none of them. But we’re still working. We’re very committed. But I think one of our bigger barriers is parental perception of vegetables at McDonald’s. Moms have told us, “I’m not gonna come to McDonald’s for vegetables.”
The overweight parents and kids we talked to echoed that.
Phillips: Some of these fast food restaurants say that they are now offering healthier items on the menu. Are you buying those items?Panelist: You’re going there for the fries, what they’re known for, the fries. So, that’s what you’re going for.Katie, panelist: If I went to McDonald’s and I had to choose between a hamburger and a salad, I would pick the hamburger. Lauren: That’s what you know. That’s what you’ve grown up doing.Katie: Yeah, that’s what I know. That’s what I eat.Phillips: Your critics say adding healthier choices is part of it. But you ought to either improve or replace the more fattening items on the menu.Thompson: I don’t think that I would wanna tell someone who comes into McDonald's for a Big Mac, “No you can’t have a Big Mac, because we took it off, because of our critics.”Phillips: But what if you customers are making terrible choices? What if they’re choosing to come in and eat burgers and fries way too often?Thompson: You know as McDonald's, our role and intent is not to say, “You can or cannot have this.” But what we have taken a leadership role in is to provide nutritional information and trying to get that awareness level up, about balanced and active lifestyles.
In its marketing, McDonald's does stress balance and physical activity. The company’s most famous icon traded his clown-shoes for running shoes.
Critics say if McDonald’s really wanted to help people stay fit—the company would alert customers to the potential dangers of some of its more fattening items.
Phillips: One of your staunch critics, Law Professor Banzhaf, says that there should be warning signs on your doors that fattening foods can lead to heart disease and diabetes. What do you think?Thompson: Well I wonder where we stop? At what point do you put labels on grocery stores, do you hang those labels over the meat sections, do you hang the labels down cereal aisles?
Perhaps a better idea, say nutritionists, is to require a calorie count on the menu board, so customers can see how fattening an item is, at the moment they decide what to buy.
Over the years, McDonald's has put nutritional information in various places, from the web to back of tray-liners. This year, the food giant decided to push the envelope or the wrapper, and display the calorie count on your order’s packaging. But it’s still after the purchase, not at the point-of-sale.
Neil Martin: A lotta good it does after you’ve already purchased your meal to see what’s actually in there.Phillips: That’s not when you need the information?Martin: Right. Phillips: I mean, you need that information when you’re making your selections. Right?
This is a touchy topic in the industry. When the restaurant chain “Ruby Tuesday” put a calorie count on its menu, sales dropped. The calorie count was largely abandoned.
But the people who invented the Big Mac, perfected the drive-thru, and introduced supersizing say they are committed to change.
Phillips: You know years ago, Ray Kroc, your founder, was asked what products McDonald’s would be selling in the year 2000. He said he didn’t know, just that you’d be selling more of them than anybody else. Thompson: I don’t think Ray had in his wildest dreams that today we’d be selling more than 300 million salads a year. You know I don’t think he would have thought we’d be selling apples—you know 54 million pounds of apples in the US alone. Phillips: Can good nutrition and good business go hand in hand in the fast food world?Thompson: I absolutely believe they can.
And while McDonald's wants to sell all the burgers and fries he can, the COO’s advice to us:
Thompson: I do believe in moderation.Phillips: Too much of anything is a problem.Thompson: Too much of anything can be a problem.Phillips: Even McDonald's French fries? Thompson: Oh. I love McDonald's French fries, so you know what, I’ll walk a little further—I’ll exercise a little harder, and I’ll run around with my kids a little more.
Obesity Epidemic