And now the government is reaching into your cereal cupboard:
The Food and Drug Administration slapped General Mills Inc. with a warning over its Cheerios cereal, saying the box's claims about heart benefits contain "serious violations" of federal law.
In a May 5 warning letter sent to the company and posted on the FDA's Web site Tuesday, the agency said statements that the product is "clinically proven to help lower cholesterol" make the product a drug under federal law.
Stephen Sundlof, the director of the FDA's food-safety center, said the agency has noticed a tendency by food companies to cross the line into the drug category by making specific health claims on packaging.
He said the FDA is ready to send out more warning letters if it finds more violators, although it has "no specific campaign" to go after food manufacturers.
General Mills spokesman Tom Forsythe said the Cheerios box's message saying the cereal can "lower your cholesterol 4% in six weeks" has been used for more than two years. The box cites a clinical study involving Cheerios as part of a diet low in saturated fat and cholesterol.
Mr. Forsythe said the broader claims on the box about heart health have been permitted by the FDA for 12 years. "The clinical study supporting Cheerios' cholesterol-lowering benefit is very strong," he said.
The FDA said such specific cholesterol-lowering claims can be made only for drugs, and it suggested that if General Mills wants to keep the box labeling as is, it should file a new-drug application for Cheerios.
Mr. Forsythe said the company would work with the agency to reach a "resolution" on the Cheerios labeling.
XtnYoda, from his place, is communicating how fired up this makes him:
Fired me up to the point that I got myself up from the computer, put my shoes back on, wadded out into the night and rain to the local store, and by golly, I bought myself a box of Cheerios! I am including a picture of me in this post with my new box. (My dear wife thinks I have lost my mind.)
I told the lady at the cash register that I was buying the Cheerios in protest to the FDA's ludicrous claim that the marketing plan amounts to selling Cheerios as a "drug."
I've had it with the federal power mongers shoving their position and power around like this. I've sent out e-mails to a few friends about my aberrant actions tonight, and I am sending this out to the world.
I would encourage you to join me for the next 30 days to eat a bowl of Cheerios every day in protest... it's the patriotic thing to do.
Tell your friends.
XtnYoda, shalomed
PS I own no stock in General Mills or any company associated with General Mills.
It would seem that the Obama administration is alienating the Rocky and Bullwinkle demographic.
Just sayin'.












My, oh, my...the FDA is going to be very, very busy if they are going down this road...and spending lots of our tax dollars in court...more food products than not have some kind of health claim, as well they should, we don't get nourishment from drug companies! There is medical research that backs up their claims and lots of expensive and time-consuming legal hoops they already had to jump through to be able to put in on their labels. Why are they picking on cherioes...did General Mills fail to send in a donation to Obama or step on somebody he appointed to the FDA or what? Absolutely insane, this administration, without question, insane!
Posted by: renee | Wednesday, May 13, 2009 at 01:28 PM
Curious...whose behind this move...
From Bloomberg.com…
The FDA started its Cheerios review after the National Consumers League, a Washington-based advocacy group, complained in a September letter that the cereal’s health claims made it out to be a drug, Sundlof said.
The warning letter represented the FDA’s first action against a “mainstream food product” in more than nine years and showed the agency is exerting its authority under President Barack Obama, said Bruce Silverglade, director of legal affairs for the Center for Science in the Public Interest, in Washington.
So, lets go see what that National Consumers League is all about...
From the National Consumers League website…
In September of 2008, NCL’s Executive Director Sally Greenberg wrote to the FDA in September of 2008 to complain about the “drug-like claims” on boxes of Cheerios cereal:
“General Mills on the front panel of its Cheerios® breakfast cereal label boldly entices consumers to “Join the Challenge and Lower Your Cholesterol 4% in 6 weeks.” The back panel similarly claims, “You Could Lower Your Cholesterol 4% in 6 weeks,” and directs consumers to “Sign Up Today at CheeriosChallenge.com” General Mills’ claim promises consumers a health benefit (i.e., lowered blood cholesterol levels) merely by consuming Cheerios® breakfast cereal without accompanying changes in diet or lifestyle. NCL understands that such “magic bullet” health claims are impermissible under the laws that your agency enforces and properly are reserved to cholesterol-lowering medications . . .”
and more there...
The League, founded in 1899 as America’s oldest consumer group, has frequently filed complaints with the FDA on misleading claims, specifically, on manufacturers’ use of the words “healthy” and “natural” on food products and dietary supplements. NCL has also called attention to a manufacturers’ misuse of “low fat” and “fresh.”…
and more...
Washington, DC—The National Consumers League applauds President Barack Obama's nominations of Inez Tenenbaum, attorney and former Superintendent of Schools for the state South Carolina, as Chairman of the Consumer Product Safety Commission (CPSC) and Professor Robert Adler, who worked as counsel to former CPSC Commissioner R. David Pittle, as Commissioner. Adler also served as a member of the Consumers Union board of directors.
The following statement may be attributed to Sally Greenberg, National Consumers League Executive Director:
Inez Tenenbaum has shown, through her work as South Carolina’s Superintendent of Schools, that children's health and safety are a high priority. As superintendent, she worked to fight obesity and to promote nutritional programs in the schools; as Superintendent, she has also had the kind of management experience that will be needed to run the CPSC.
If she is confirmed, Tenenbaum’s previous experience will serve her well in her new role as head of the Consumer Product Safety Commission, a federal agency that regulates the safety of over 15,000 products, including many products for children. We will welcome Tenenbaum to Washington and look forward to working with her in her new role as CPSC Chairman.
BINGO!!!...
About Robert Adler, Greenberg also noted:
I've known and worked with Bob Adler on product safety issues for more than a decade. He is a highly qualified nominee who has a depth of knowledge about the CPSC and its authorizing statute, and he will be a strong champion for consumer health and safety. Both of these nominees will help to restore the CPSC to the agency Congress originally intended it to be: an independent federal safety agency that effectively protects consumers, and especially children, from product safety hazards.
The National Consumers League also commends the President for pressing for full funding of the Commission and his stated intent to restore the agency to its full complement of five commissioners….
The consumer leaders are intent on continuing to build an influential consumer movement that will be a powerful force for change. The six-point agenda includes (summary followed by detailed explanations):
1. Restore the United States Office of Consumer Affairs; Put a Consumer “Czar” In The White House.
2. Rein in Wall Street Excesses, Protect Consumers from Abusive and Predatory Lending.
3. Protect Consumers from Price-Gouging in Oil, Gas and Electricity Markets, and Take Steps To Provide Households With Access to Alternative Energy and Efficiency.
4. Improve Consumer Access to Justice By Reinstating Legal Rights.
5. Guarantee Safe, High Quality, Affordable Healthcare for Everyone.
6. Ensure our Food and Products are Safe.
Posted by: renee | Wednesday, May 13, 2009 at 02:08 PM
Hmmm, never particularly liked the little brown circles, always been a raisen bran man myself... however, headed to the grocery store soonest. "Little Brown Circles" now part of the Roper diet. LOL
Posted by: GM Roper | Wednesday, May 13, 2009 at 02:34 PM
Their stock rose .73 cents to about $54 on release of the FDA's warning...gonna be a run on those cheerio's...Obama plans to take away our guns and now our o's! He's got the banks and the auto industry, now he's threatening to seize cereal! How many more days is this man in office!
Posted by: renee | Wednesday, May 13, 2009 at 02:50 PM
Full speed ahead and man the battle stations!
Semper Fi!
PS. I'll see you in line Roper.
Posted by: chuck aka xtnyoda | Wednesday, May 13, 2009 at 04:19 PM