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Robyn O'Brien

About Robyn O'Brien

Robyn O’Brien is the co-founder of rePlant Capital, an impact investment firm, deploying integrated capital from soil to shelf in order to build soil health and financial resiliency for farmers. She is also the founder of Do Good, a strategic advisory firm, and the AllergyKids Foundation. Random House published Robyn’s book, The Unhealthy Truth, in 2009, and her TEDx talks have been translated into dozens of languages and viewed by millions around the world.

Posts by Robyn O'Brien:

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Illegal Conduct: Mylan’s Chairman and His $100 Million Salary

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Yesterday, I was contacted by someone in the press to get my reaction to the fact that Mylan’s chairman, Robert Coury, was paid almost $100 million in 2016 and received an additional $60 million in retirement benefits.

The journalist wanted my reaction, given that the company jacked up the price of EpiPen, their signature product, 17 times over the last several years, an increase of over 600%. These price hikes put children’s lives at risk as parents could no longer afford the device.

What did I think about the chairman of this board? I immediately thought of the aftermath of the Well Fargo scandal that spurred investors to build a stronger board.

Mylan’s investors need to build a stronger board.

There are so many inherent conflicts of interests here that it is hard to know where to start.

Analysts attending to the pharmaceutical industry events have spoken to the relationship between Coury and his CEO Bresch, as has other pharma CEOs. Interestingly, Coury was nowhere to be seen last year during #epigate. He sent CEO Bresch out on the frontline to deal with the #epigate furor as it hit, and the stock tanked almost 30%.

Coury oversaw Bresch’s ascension to the top ranks of the company without completing her MBA, leading to one of the first scandals the company faced, before working together to build the monopoly that became Mylan.

As chairman, Coury also oversaw Mylan’s Compensation Committee and what are known as “bid grids,” negotiations with the pharmacy benefit managers that allowed Mylan to keep their competition off of the shelves of pharmacies.

Bid grids directly impacted not only Mylan’s revenue but also their market share. In these negotiations, a company would agree to kick back a certain dollar amount to the pharmacy benefit managers in exchange for locking out their competition. They are now being sued by Sanofi for this anti-competitive behavior and “engaging in illegal conduct.”

Coury also oversaw the ever greening of the EpiPen patent, recently brought to light in a recent class action lawsuit filed against the company.

He also engineered the tax inversion, relocating Mylan’s headquarters overseas in order to avoid paying substantial taxes in the U.S. This was orchestrated as EpiPen’s market share exploded to a 94% monopoly and the price of the device was jacked up 17 times.

Coury also, as board chair, oversaw the fact that American parents were paying over $600 for a device that cost Canadian moms and dads about $100. He put lives at risk, and it is hard to put a number to those costs.

As the #epigate story broke last year, we heard from pharmacists who spoke about crying mothers at their counters, no longer able to afford EpiPens. We heard from mothers who split their packages in two, putting a child who may need two injections at risk. And we heard from families who chose between buying an EpiPen and paying their rent or mortgage or food bills. But without a doubt, the hardest conversations we had were with the parents who lost their children to a life-threatening allergic reaction.

Since then, Cigna announced that they will no longer cover Mylan’s top revenue generator and CVS Pharmacy launched an alternative at 1/6 the price. On top of that, Auvi-Q returned to market in February, and a another auto injector company just filed an IPO to raise the funds to bring their product to market.

When I read about Coury’s pay package, it reminded me of 20 points made last year, as #epigate hit: 20 things you may not know about Mylan, the company that makes EpiPen. These 20 points are why, before pointing the finger at anyone else, the company has a lot to take care of internally. Something that the resigning Coury will neatly side-step.

20 Things You May Not Know About the EpiPen Company

  1. The price of the EpiPen has increased 17 times since Mylan acquired the company in 2007.
  2. Mylan left United States for a tax inversion. It moved its headquarters to the Netherlands to avoid paying higher taxes and to avoid a takeover.
  3. The Dutch maneuver and movement of the company’s headquarters overseas, which transferred a large chunk of Mylan shares to a special foundation called a stichting, also acted as a poison pill that would undermine takeovers. 
  4. Senator Joe Manchin (of West Virginia) has a daughter who is the CEO of Mylan.
  5. Mylan was originally a West Virginia company where the Senator is from.
  6. Even Senator Joe Manchin said the tax inversion should be illegal.
  7. EpiPens were about $57 when Mylan acquired it. Today, it can empty pockets of $600 or more in the US
  8. EpiPens were invented in 1977, almost 40 years ago. A patent life is usually 17 years.
  9. Mylan’s profits from selling EpiPens, which they have aggressively, famously marketed, hit $1.2 billion in 2015.
  10. That year, Bloomberg reported that the epinephrine-delivery system represented 40% of Mylan’s operating profits.
  11. EpiPen was developed for the U.S. military for treating exposure to nerve agents in the course of chemical warfare
  12. The top five executives of Mylan pull in over $85 million dollars. The CEO makes about $19 million.
  13. The CEO claimed to have an MBA from West Virginia University despite being 22 credits short of completion.
  14. EpiPen Canada has not raised its prices in any significant way.
  15. In France, two EpiPens cost about $85. Two EpiPens in the U.K. cost 89.99 pounds.Screen Shot 2016-08-26 at 7.24.42 AM
  16. EpiPens in Australia cost about $40 AUD.
  17. EpiPens in the U.S. cost more than anywhere else in the world.
  18. The price of EpiPens in the U.S. is up almost 600%. The CEO’s salary is up 800%.
  19. According to Wells Fargo, Mylan raised prices by more than 20% on 24 products, and by more than 100% on seven products. The analyst who wrote the report warned that Mylan could draw “greater regulatory scrutiny and headline risk” as a result of such price boosts.
  20. The CEO, Heather Bresch, interviewed today for “taking it on the chin,” spoke about her over 90% market share and monopoly before Congress. She is one of the top paid executives in the pharmaceutical industry.

The bottom line is that lives are at risk. Kids are “taking it on the chin,” parents are “taking it on the chin.”

Will Coury sail off into retirement now with his $160+ million pay package and continue to throw Bresch to the wolves?

How does that impact the 1 in 13 kids with food allergies?  Some families need as many as 8 sets of EpiPens if they have multiple children with food allergies. They can no longer afford to keep their children safe. It’s hitting parents and taxpayers.

I have heard from a mother who said two EpiPens didn’t save her child. I’ve also heard from Congressmen and countless others whose lives have been directly impacted by Mylan’s price-gouging.

You have to wonder, in the company’s cost-benefit analysis, what is the value Mylan placed on a child’s life?  What price elasticity did they discover when Ms. Bresch and her team decided to jack up the price of EpiPens seventeen times? What process did Coury oversee in deciding to jack up the price of seven other drugs in their portfolio over 100% last year?

Maybe perhaps before Coury retires, we will get to see that deck and presentation.

CEO Heather Bresch’s salary was docked in 2016 from $18 million down to $13 million. Maybe Nora O’Donnel was right in that interview earlier this year, and it really is Ms. Bresch who “took it on the chin.” It certainly wasn’t Coury.

It’s hard to stomach this kind of arrogance and greed.  And rightfully, families around the country had an allergic reaction when they saw Coury’s pay package. Three board members are resigning this year, one is real estate developer being investigated by the SEC for land deals he did with Mylan.

Too many lives have been lost, too many more are still at risk if this company is allowed to continue to operate without further investigation.

If we’ve seen anything, Mylan’s EpiPen does nothing to quell the inflammation that is greed.  And just as federal funding of food allergy research could use a shot in the arm, so could another federal investigation of this company.

Written in memory of Sabrina, Emily, Oakley, Joseph, Gio and the countless other children whose lives have been lost to a life-threatning food allergic reaction.  

More information can be found here on their proposed “price cut” and other concerns from families, those in the Senate and business analysts:

http://finance.yahoo.com/news/mylan-says-just-cut-price-143319975.html?soc_src=mediacontentstory&soc_trk=fb

http://www.cnbc.com/2016/08/24/heres-what-you-need-to-know-about-the-ceo-behind-the-big-epipen-price-hikes.html

http://www.nytimes.com/2016/08/24/upshot/the-epipen-a-case-study-in-health-care-system-dysfunction.html

http://video.cnbc.com/gallery/?video=3000545619

Food-for-Thought

Watch and Share: Food for Thought Webinar with Dr. Frank Lipman and EWG

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I was asked by my dear friend, Dr Frank Lipman to moderate this month’s Be Well Workshop. It featured Dr. Lipman, a NYC-based physician and the founder of Be Well and Ken Cook, founder of Environmental Working Group (EWG).

It was a very important conversation, in which we talked about the correlation between our food supply, the rise of chronic disease and conditions, and the influence that money has had on the science. All experts shared their mutual viewpoint on the issue and encouraged consumers to take action.

“What we are realizing is that the food system from the 20th century cannot feed 21st century families. We are too allergic, we are too diabetic, we are battling too many autoimmune conditions and too many diseases—and we need food that’s free from a lot of the ingredients we’ve been using the 20th century.”  —Robyn O’Brien

“I always suggest to eat as close to nature as possible. I have this motto: if it’s made by god, it’s probably good; if it’s made by man, be careful. So I encourage patients and readers to know the source of their food, know your farmer, shop at farmer’s markets, speak to your farmers and encourage them to know their clients’ needs.”
—Dr. Frank Lipman

“Do something that’s going to make you feel successful; make you feel like you are on a winning streak and that might mean just making some slight changes in the produce aisle; more and more choices available in large grocery stores are now organic than before, like potatoes, carrots, spinach, fresh lettuce—all of these are a significant portion of the organic produce supply because of what consumers have done and how farmers have responded.” —Ken Cook

RoundUp

Sign the petition: USDA Must Test Food for Monsanto’s RoundUp

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This afternoon, I moderated a discussion with Dr. Frank Lipman and Ken Cook, the founder of the Environmental Working Group. The conversation quickly turned to glyphosate, a pesticide routinely and increasingly used on our food here in the United States. In 2015, the World Health Organization declared it a probable carcinogen. Countries around the world are banning it or restricting its use.  In the U.S., we don’t even test for it or measure its levels on the food we eat.

This ingredient is found in Monsanto’s Roundup weedkiller. It is the same weedkiller that parents are told to keep out of the reach of children, to NOT store under their kitchen sinks. It is routinely applied to the foods that we eat every single day, unless you purchase organic.

It is time for the USDA to measure and test for levels of Monsanto’s Roundup in our food supply. We can no longer afford to not know what we are eating, not in light of the increasing rates of autism, food allergies, cancer and diabetes. It’s a national security issue. And the United States Department of Agriculture, despite pressure from the pesticide industry, needs to begin testing our food.

Please read the details below, sign the petition and share this link. The time is now. The health of our country depends on knowing what is in our food.

The U.S. Department of Agriculture quietly dropped its plan to begin testing food for the world’s most popular herbicide, glyphosate, the main ingredient in Monsanto’s RoundUp.1

California has deemed glyphosate a carcinogen, which Monsanto fiercely denies, and two years ago, the World Health Organization labeled the herbicide a probable carcinogen — yet later suggested that residue on food may not be a risk.2

While controversy swirls, one thing is clear: this decision by the USDA is dangerously short-sighted, and the agency must continue its plan to test food for glyphosate to understand the risks of chronic exposure and threat it poses to public health.

Tell the USDA: Test our food for glyphosate.

The text of the petition to the USDA reads:

Ensure our food supply is safe. Glyphosate has been deemed a probable carcinogen that can be harmful to humans. More research – not less – is needed. Resume plans to test the toxicity of glyphosate in our food. The safety of the American public and its trust in your responsibility to keep our food supply safe depends on it.

Hundreds of millions of pounds of pesticides and herbicides are applied to crops every year, and residue from these chemicals make it into the food we eat. The government’s pesticide testing program is run jointly by the USDA, the Food and Drug Administration, and the Environmental Protection Agency, and in 2014, the Government Accountability Office found that the USDA and FDA should strengthen its residue testing process.3

Earlier this year, USDA had plans to test corn syrup for glyphosate but has since reversed course without explanation. This news comes just as a stunning New York Times report found possible collusion between the EPA and Monsanto to manipulate the science and risk posed by glyphosate, a subsequent call by California Rep. Ted Lieu for the Justice Department and Congress to conduct a thorough investigation, and lawsuits filed by victims of non-Hodgkin’s lymphoma against Monsanto.4,5,6

The health of the public and the safety of our food is simply too important. The government agency tasked with keeping our food safe should not abandon its responsibility.

SIGN HERE and Join us in demanding the USDA reverse course and test our food for glyphosate.

References

  1. Carey Gillam, “USDA Drops Plan To Test For Monsanto Weed Killer In Food,” The Huffington Post, March 23, 2017.
  2. Mike McPhate, “California Today: Cancer Worries Over a Common Weedkiller,” The New York Times, April 10, 2017.
  3. FDA and USDA Should Strengthen Pesticide Residue Monitoring Programs and Further Disclose Monitoring Limitations,” U.S. Government Accountability Office, October 7, 2014.
  4. Danny Hakim, “Monsanto Weed Killer Roundup Faces New Doubts on Safety in Unsealed Documents,” The New York Times, March 14, 2017.
  5. Rep. Ted Lieu, Rep. Lieu Statement on New Glyphosate Safety Concerns,” March 15, 2017.
  6. Mireya Villarreal, “Lawsuit accuses Monsanto of manipulating research to hide Roundup dangers,” CBS News, March 15, 2017.
Tokyo Joe

Tokyo Joe’s: Recipe For Change and a Healthy America

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Papa John’s Pizza just announced that they are now offering organic toppings on their pizzas.

They aren’t the first fast food chain to get in on the action. Quick service restaurants (known as QSRs) are also making changes in response to consumer demand.

I recently spoke with the CEO of Tokyo Joe’s, Mark Davis. Several families had reached out to share how much this chain is doing for those with food allergies.

Their motto is “Eat Good. Feel Good” and after an hour on the phone with the CEO, it is obvious that they live it.

This team was way ahead of its time. The founder, Larry Leith, who started the restaurant in 1996 was a professional mobile skier and cyclist, living in Colorado.

It was in his DNA to recognize that our food is our fuel and to find the cleanest ingredients possible. Why? It enhanced athletic performance.

His thought? Let’s come up with a menu without fries, without preservatives, that gives everyone a chance to eat and feed their families healthy food at an affordable price.

Their plan was to offer healthy portions at a good value.

As I spoke with the CEO, Mark, it was obvious that these guys live and breathe it. He spoke about their labels: V – for the vegan and dairy allergy community, GF – for those looking for gluten-free options and those with Celiac Disease, and sugar-free. In other words, they are addressing the needs of 21st century consumers.

However, the reason that I reached out to him in the first place is because of how they handle those with food allergies.

As the CEO, shared: “One of the opportunities that we saw, with us being an Asian-concept chain, is that we have several ingredients that are nuts. How do we look at sauces? Menu items? Things that work for everyone?”

His answer was amazing: they invite food allergy families in to ask them about how they clean the line and prepare the foods for those with allergies. But what was more impressive is that he remembered the families by name, both the names of the moms and the names of the kids. He was so proud to forward correspondence he’d received because of how the company chose to address it.

Rather than run from these consumers, they were embracing them.

When I asked how he made it work, he said that they try to hire people and give them the autonomy to help customers that come in. To this CEO what is critical is that it comes back to the team members, that they have buy in and ownership. Everyone is invested in the outcome, not just the executives in the offices in downtown Denver.

So why do these guys get it at such a deep level? Maybe because the CEO has a 6 year old or maybe because he has a college aged athlete who completely understands how food impacts his performance on the field.

Or maybe, because as he shared, “I was a Panera guy for a long time and helped them grow west, Canada. We saw the opportunity to be healthier.”

They cater not only to families and those with food allergies, but also to body builders, pro-cycling, mountain bike team, cancer patients, those with Celiacs and more.

So where are they (besides my hometown of Boulder, Colorado)? They will have 48 stores by year end. They had just 28 stores (all Colorado-based), when the founder sold the company to Gridiron Capital.

Now, they are operating in Dallas (4), Ft Worth, Phoenix, and soon to be Laguna Niguel, California

They tend to flock to warm weather places, beyond Colorado, because they learned that when it snows, “we don’t do as well, because it’s not comfort food. We do well in the sun.” They are good food for those with a healthy lifestyle (or those wanting one).

In light of the recent United Airlines disaster, we spoke a lot about how they give employees at the store level the autonomy to do the right thing.

The CEO also shared that the general managers also get a ticket to Hawaii every year, and the founder’s Hawaii house for a week. That’s some kind of compensation and recognition for work well-done!

Their marketing tends to be grassroots. For example, next week in California, there will be a ribbon cutting, the mayor of Laguna Nigel will join, as will the Rotary Club.

They make healthy food affordable and accessible to those who may not always get it. Not just for their customers, but also, in the early years, Tokyo Joe’s prided itself on hiring “the few, the proud, the fierce, people that couldn’t get jobs other places.”

Their model is a powerful one, so well-positioned for 21st century families and food trends. As Papa John’s goes organic, I truly hope to see Tokyo Joe’s and others integrate organic into their menu, too.

Why? Because in Papa John’s own words,

“Last year, our research showed that more than 50% of American households purchase organic ingredients. And based on recent trends, about 20% of all produce will come from certified organic farms by 2020. That was telling us something about our customers’ needs.”

When I asked Tokyo Joe’s CEO how he was able to retain and grow such a powerful vision, he said,

“You have to give people something to believe in, something to be part of that is bigger than the job. “

I couldn’t agree more. We are the change.

Mylan epic greed

Another Class-Action: Mylan Sued for Violations of Anti-Trust Laws

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Another class-action lawsuit against Mylan has been filed for scheming to eliminate meaningful competition, evergreening the EpiPen patents and forestalling education initiatives for novel devides, using illegal exclusive dealing agreement to shut out competitors.

On April 7, 2017, a group of EpiPen purchasers filed a nationwide class-action lawsuit against Mylan and others over their unlawful scheme to monopolize the market for EpiPens, systematically raise prices without justification, and reap massive, inflated profits at customers’ expense.

According to the suit (attached below), “First, by “evergreening” the EpiPen device patents (a tactic by which patent holders make minor or insignificant changes in their devices or drugs, and then reintroduce them as new products with new and extended patent life) and by aggressive misuse of legal and regulatory systems, defendants have foreclosed the market to generic competition.

Second, to forestall education initiatives for novel devices, Mylan has used illegal exclusive dealing agreements to shut competitors out of public schools, and keep new auto-injectors from schools nurses, parents, students, administrators or others that might become familiar with them. Aside from safety concerns, insurance coverage is another important factor in choosing an auto-injector, yet defendants have used their monopoly power to manipulate coverage for competitor devices as well.”

After remaining relatively stable around $75 to $100 per dosage from 2001 through the end of 2008, beginning in and around 2009, in conjunction with the defendants’ successful efforts to effectively curtail any meaningful epinephrine auto-injector competition then and since, Mylan has raised the price of EpiPen at a rapid pace to over $600 per dosage in 2016 – an increase from its $99 December 2007 price of more than 514%, as illustrated below.

The lawsuit claims that Mylan has been able to maintain their epinephrine auto-injector market dominance for nearly a decade – they have illegally thwarted competition.

Since Mylan’s acquisition of EpiPen, the class-action suit claims that Mylan has engaged in specific conduct designed to exclude rivals and harm the competitive process in the epinephrine auto- injector market. Defendants’ anticompetitive and illegal exclusionary conspiracy to maintain Mylan’s monopoly has made them billions of dollars at the expense of consumers and third-party payors, with EpiPen annual sales recently exceeding $1 billion, up from $200 million in revenue when Mylan first acquired EpiPen.

Those who have purchased an EpiPen out-of-pocket or with a high deductible plan may contact the attorneys below to become involved in the case or learn more.  Boies, Schiller Flexner LLP is a global powerhouse in litigation.

According to Law360.com, “throughout its 19-year history, Boies Schiller & Flexner LLP has garnered a reputation as a firm that excels at taking complicated cases to trial and has locked down major litigation victories for clients including Barclays and Oracle, earning it a place among Law360’s Litigation Powerhouses. With 260 attorneys — 115 of whom are partners — in its litigation practice, Boies Schiller takes pride in its ability to win difficult cases in creative ways for its diverse group of clients.”

Contact information is provided below for any questions or to learn more:

Duane Loft

BOIES SCHILLER FLEXNER LLP

(212) 909-7606

[email protected]

Brian Penny

Goldman│Scarlato│Penny  p.c.

(484) 342-0700

[email protected]

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pregnant-mom-happy-sibling

Breaking Research: Emerging Science Highlights Serious and Growing Health Risks That Herbicides Pose to Women & Children

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New evidence presented today at a pediatric research conference in Washington D.C. highlights growing concern over sharply rising herbicide use and risks to pregnant women and children, especially those living in the rural Midwest.

The research comes from two experts that I have known for over a decade and long admired for their courage and tenacity.

I was first introduced to Charles Benbrook, PhD, back in 2006, and to Dr. Phil Landrigan of the Children’s Environmental Health Network as a board member of Healthy Child Healthy World. Dr. Landrigan and I worked together on an advisory council for Governor Cuomo of New York.

So when they reached out and asked for help sharing their latest research, I did not hesitate. Charles Benbrook said, “It won’t be popular in some circles.” The truth rarely is.

Please read and share this important breaking research.

CEHN Research Conference voices alarm over rising herbicide use and risks pregnant women and children

New evidence presented today at a pediatric research conference in Washington D.C. highlights growing concern over sharply rising herbicide use and risks to pregnant women and children living in the rural Midwest.

Key findings and insights from peer-reviewed research conducted over the last 20 years were presented at the biennial 2017 Children’s Environmental Health Translational Research Conference sponsored by CEHN (Children’s Environmental Health Network).

In a panel titled “Will Rising Herbicide Use in the Midwest Raise Reproductive Risks?”, researchers presented new evidence showing that most Americans are now exposed on a near-daily basis to herbicides widely used on corn and soybean fields. This is because of recent changes in when and how herbicides are applied.

One study of pregnant women in an Indiana obstetric practice found glyphosate (aka Roundup) in the urine of over 90% of test subjects. According to the lead scientist, Dr. Paul Winchester, “In our study, which is ongoing, mothers with relatively higher levels of glyphosate were more likely to have shorter pregnancies and deliver babies with lower birth-weight, outcomes that everyone should be concerned about.”

In his presentation at the CEHN Research Conference, Dr. Winchester points out that “Shorter pregnancies with relatively lower birth weights have been linked to lower cognitive ability later in life and higher risk of metabolic syndrome.”

Dr. James Roberts, chairman of the CEHN Board, explained that “Our goal in this project, as in all CEHN activities, is to support and assure the health of children, from conception through pregnancy and birth, and throughout early growth and development.”

Resistant Weeds Driving Herbicide Use Upward

Research shows that the ongoing spread of weeds resistant to glyphosate in the Midwest is triggering intensification of herbicide use. Ten years ago, most soybean fields were sprayed with one or two herbicides. Four or more herbicides will be applied by most soybean growers in 2017, and some of these herbicides will be sprayed more than once.

Herbicide use is likely to continue rising for several years, because the Environmental Protection Agency has recently approved several crops genetically engineered (GE) to resist (i.e. survive) applications of multiple herbicides. These next-generation GE crops are designed to increase reliance on, and use of specific herbicides.

Around 40 million acres of corn and soybeans will be planted in 2017 to new GE corn and soybean varieties, acres that will be sprayed with combinations of glyphosate (Roundup), glufosinate (Liberty), 2,4-D (EnlistDuo), dicamba (XtendiMax and Engenia), and several other herbicides.

Rates of application are also rising sharply for some herbicides. Overall soybean herbicide use will, on average, more than double in 2017 compared to 2001.

In addition, “Until this year, most herbicides in the Midwest were sprayed during a six-week window, but now the heavy herbicide spray season will last at least four months, placing more women and children at heightened risk,” explained science team member Dr. Phil Landrigan, Dean for Global Health at Mt. Sinai Medical School.

As a result, the risk of reproductive problems and adverse birth outcomes will rise among women and children living in rural areas, according to the panelists.

The Healthy Kids project will be a clearing house of information about the connection between herbicide use and health risks. Peer-reviewed studies conducted in rural areas since the 1990s report that the risk of herbicide-induced reproductive problems like spontaneous abortions and failure to conceive are greatest when the heavy, herbicide spray season coincides with the time-period spanning one month prior to conception and through a woman’s first trimester of pregnancy.

The project website: www.cehn-healthykids.org offers extensive information on trends in herbicide use, the role of glyphosate-resistant weeds in driving herbicide use upward, health risks, and public and private sector actions needed to prevent an increase in adverse birth outcomes in the years ahead.

To Schedule an Interview With Science Team Members Contact – Elizabeth Horton, [email protected], or call (207) 838-0084.

Access Research Conference Presentations at – http://cehn-healthykids.org/resources/project-work-products/

See the Herbicides in the Midwest Project Website for More Information – http://cehn-healthykids.org

About CENH

The Children’s Environmental Health Network is a national multi-disciplinary organization whose mission is to protect the developing child from environmental health hazards and promote a healthier environment. Today, CEHN is the voice of children’s environmental health in the nation’s capitol, one that is uniquely informed by a strong basis in pediatric and environmental health science.

To achieve this mission, the Network has had several goals:

  1. To promote the development of sound public health and child-focused national policy
  2. To stimulate prevention-oriented research
  3. To educate health professionals, policy makers and community members in preventive strategies
  4. To elevate public awareness of environmental hazards to children

For more on CEHN’s ongoing projects and activities, see www.cehn.org

Foodbytes_D2_KB_PROOFS_Web_404

9 Important Legal Tips for Food and Ag Startups

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In the last 6 months, I have been part of FoodBytes, a competition hosted by Rabobank, that brings the best and the brightest ideas in food+tech, ag+tech to the stage. In these competitions, the entrepreneurs not only pitch their business ideas, but they also are judged by a panel of judges and coached by a team of mentors. It’s an inspiring program that tackles some of the food system’s biggest issues.

One of the mentors, Chuck Cotter, an attorney with Holland and Hart, posted some great information for startups in the food and agriculture sectors. It’s valuable information for anyone starting out in this sector, and we hope you will both read and share it.

Startups in the food & ag industry face a host of unique challenges, including legal risks and compliance issues. We’re thrilled to have the legal experts at Holland & Hart on board as Official Sponsors of FoodBytes! Boulder, bringing years of experience in dealing with these kinds of challenges.

During FoodBytes! Boulder, our 20 pitch companies will meet with Chuck Cotter, Partner at Holland & Hart and head of the firm’s Food & Beverage practice, along with experts in the branding and finance sectors for a mentor session. Chuck will talk through potential legal issues the companies may face at some stage of their startup journey and give them recommendations on how to best handle them.

Holland & Hart will give the three winners of FoodBytes! Boulder a legal consultation to address the specific issues the startups are facing and give them guidance on how to navigate.

To give us a teaser of his wisdom (and sense of humor), we asked Chuck to share his top 9 tips for food & ag startups. Check them out below!

To meet Chuck and the rest of the Holland & Hart and FoodBytes! crew, join us in Boulder on Wednesday, October 26! Grab your ticket today.

1. Know Your Brand is Your Value 

If you’re just getting started, make sure your company name is unique – meaning both protectable and enforceable.  When you’re ready to start designing and printing packaging, for the love of Odin’s beard, do a trademark search before you begin.  File your marks after they’ve been finalized and work with someone who knows how to maximize the value.

2. Avoid Friends and Family Rounds 

Do NOT do it.  Unless they are accredited investors or your last name is Musk.

3. Don’t be afraid to say “No.” 

If you’ve got a great idea, a lot of people are going to want a piece of it.  For a piece of your company, your cousin the Sanskrit professor thinks she can manage your production runs.  Your uncle, the bank teller, thinks he can find you investors if you just cut him an ownership stake.  Just say no.

4. Don’t Be Afraid to Say “Yes.”  

This is a supportive community filled with lots of folks who will be willing to help you.  Just make sure they know what they’re doing first.

5. Don’t Pay a “Finder” to Help You Raise Money

Just don’t – it’s stupid.  When you’re big enough to get a legitimate investment bank to help you, then you can consider it.

6. Ask for references

Vet the people you’re going to work with, whether it’s your business partner, investor, co-packer, broker, consultant or anyone else involved. Do your due diligence!

7. Keep Things Secret (But Don’t Make it Weird) 

You’ve got a great idea, probably the best ever in the history of the universe. I totally get it.  Make sure you are protected by a non-disclosure agreement where and when it makes sense.  Make sure your agreements with food scientists grant the resulting recipes to you.  Make sure your co-packing agreement protects your recipes and formulations.  But don’t be the nut job asking for an NDA at the bar at every startup competition.

8. Be Kind and Decent, Always

No matter where you are in the growth cycle, be kind and decent to everyone.  First, it’s the right thing to do.  It’s a collaborative industry and that makes it fun.  Second, appearances can be deceiving.  The person you’re blowing off now may be the serial entrepreneur who nixes an investment in your company a year from now.

9. Don’t Sell Equity Early 

That is, unless you have no other option or unless the valuation is great.  Or, you know, they swear they love you for your mind. Convertible notes and other debt options can be a founder’s friend.

Want more tips? Join Chuck, Holland & Hart and the rest of the FoodBytes! team in Boulder! Tickets are moving fast, so snag yours today!

Daniel Lubetzky - Founder of Kind Snacks

Kind Snacks Founder Creates Organization to Promote Public Health by Countering Food Industry Propaganda

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Daniel Lubetzky, the Founder and CEO of KIND Healthy Snacks (KIND), recently announced the launch of Feed the Truth. Established as an independent organization, Feed the Truth will seek to improve public health by making truth, transparency and integrity the foremost values in today’s food system.

Given what we’ve learned about Coca Cola’s hand in obesity studies and Monsanto’s hand in food allergy research, it is well past time to shine a brighter light on the conflicts of interest in science.

To ensure Feed the Truth’s independence from KIND, Lubetzky will remove himself entirely from all activities and governance of the new organization. He has assembled three unaffiliated public health advocates whose sole role is to nominate Feed the Truth’s Board of Directors. The advisors, all of whom have offered their expertise voluntarily and are not being paid for their involvement, include:

  • Deb Eschmeyer, former Executive Director of Let’s Move! and Senior Policy Advisor for Nutrition Policy at The White House
  • Michael Jacobson, PhD, Co-Founder and President of the Center for Science in the Public Interest
  • Marion Nestle, PhD, MPH, Professor of Nutrition, Food Studies, and Public Health at New York University

Feed the Truth will ensure science overrules special interests by revealing and counteracting the food industry’s undue influence in shaping nutrition policy and ability to disseminate biased science, among other activities that are detrimental to public health. While specific programming will be decided by an Executive Director that will be appointed by the Board of Directors, activities could potentially include grants to support investigative journalism, consumer education campaigns and educational briefings to policymakers and influencers.

“In establishing Feed the Truth, my intent is to elevate reputable science, bolster the voices of the nutrition community, and improve the guidance and information offered to Americans,” Lubetzky said. “As a business owner, I understand the importance of prioritizing your bottom line, but it’s equally as important to consider how you can succeed while also thinking about the long-term impact on the community.”

Lubetzky’s journey to create Feed the Truth began in 2004 when his frustration with a lack of wholesome, nutritious snacks in the marketplace led him to launch KIND. What began as a line of whole nut & fruit bars sparked the creation of an entirely new healthy snacking category and gave Lubetzky a window into long-held industry operating procedures that often benefited companies financially at the expense of public health.

In May 2015, KIND faced a public confrontation with the U.S. Food & Drug Administration (FDA) over the company’s usage of the term “healthy” as a nutrient content claim on its packaging. The FDA’s guidance – which was established over 20 years ago – limited total fat intake, regardless of source or type, and prevented demonstrably nutritious foods like nuts, salmon and avocado from being labeled as “healthy.” After months of exploration and discovery, KIND filed a Citizen Petition, with the support of leading nutrition and public health experts, requesting the agency update the regulation to be consistent with modern nutrition science.

By September 2016, the FDA announced it would begin the process of revising this regulation and offered a sensible interim solution – both of which incorporated KIND’s recommendations. That same month, a JAMA Internal Medicine report found that in the 1960s the Sugar Association funded scientific studies to diminish findings that linked sugar consumption to poor heart health. Instead, the Association used industry-funded research to vilify fats – an act that would go on to directly inform the government’s dietary guidance, spur a surge of low-fat, high-sugar products, and ultimately, distort consumer perception of all dietary fat.

“We’re eager for Feed the Truth to step in and hold all of us in the food community accountable for what we say and claim,” said Lubetzky. “While this ‘Big Sugar’ revelation underscored the need to provide more tools to public advocates, it doesn’t mean that ‘fat’ or ‘protein’ should now be evangelized. Feed the Truth’s independent Board of Directors, once established, will seek to ensure consumers have access to unbiased nutrition information.”

“This commitment could have a salutary effect on educating the public about nutrition and cleaning up deceitful marketing practices,” said Michael Jacobson.

Lubetzky’s donor advised fund has made an initial contribution of $5 million to Feed the Truth. Lubetzky intends to fund an additional $20 million over the next ten years.

To learn more and get involved visit FeedtheTruth.org.

 

fruits and vegetables and soil nutrition

Dirt Poor: Have Fruits and Vegetables Become Less Nutritious?

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While reading up on the importance of magnesium, I came across this article from Scientific American.

Because of soil depletion, crops grown decades ago were much richer in vitamins and minerals than the varieties most of us get today. So what does that mean for our health?  A lot.

“Modern intensive agricultural methods have stripped increasing amounts of nutrients from the soil in which the food we eat grows. Sadly, each successive generation of fast-growing, pest-resistant carrot is truly less good for you than the one before.

A landmark study on the topic by Donald Davis and his team of researchers from the University of Texas (UT) at Austin’s Department of Chemistry and Biochemistry was published in December 2004 in the Journal of the American College of Nutrition. They studied U.S. Department of Agriculture nutritional data from both 1950 and 1999 for 43 different vegetables and fruits, finding “reliable declines” in the amount of protein, calcium, phosphorus, iron, riboflavin (vitamin B2) and vitamin C over the past half century. Davis and his colleagues chalk up this declining nutritional content to the preponderance of agricultural practices designed to improve traits (size, growth rate, pest resistance) other than nutrition.

“Efforts to breed new varieties of crops that provide greater yield, pest resistance and climate adaptability have allowed crops to grow bigger and more rapidly,” reported Davis, “but their ability to manufacture or uptake nutrients has not kept pace with their rapid growth.” There have likely been declines in other nutrients, too, he said, such as magnesium, zinc and vitamins B-6 and E, but they were not studied in 1950 and more research is needed to find out how much less we are getting of these key vitamins and minerals.”

Read more…

What to do? Supplement your magnesium intake with Natural Vitality’s Calm. There is so much that we can do to protect our health.

 

Jim Gaffigan

Jim Gaffigan’s Funny Rant On Kale and Milk

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In a country that never mentions food when talking about health care, I couldn’t help but wonder what the comedian, Jim Gaffigan, would say about everything that went down this week in DC.

I found myself flipping through some old clips and landed on this one.

His take on “health care,” kale and food trends is so funny.

So we interrupt your daily feed with some food humor.

Enjoy and share!

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