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Are Americans more obese than ever?

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Monday, November 18, 2024

Fast food occupies a unique spot in the proverbial gut of America. It’s irresistibly convenient when the fridge is empty —and even when it’s full — it seduces us with consistency, incredible flavors and decent prices.While it all comes with a generous serving of guilt since we kinda know it’s bad for us, Americans can’t help themselves. Americans spent a record $490 billion on fast food in 2023, up from post-pandemic levels. Despite this, surveys consistently show that many harbor deep concerns about its nutritional value, environmental impact and the ethics of its production.This love-hate tension is all part of fast food’s complex place in our lives. A report published Thursday in the journal The Lancet revealed that 75% of Americans are now overweight or obese. While fast food is not solely to blame for that, it does raise questions about the wide availability and nutritional value of ultra-processed foods.But solving an obesity crisis is not as simple as telling people to avoid it. Not everyone who consumes fast food does it because they want to. Many Americans face challenges accessing fresh fruits and vegetables, while an increase in sedentary lifestyles due to modern working practices is not yet fully understood, according to the report. Then there are social factors that limit food choices, like food insecurity, transportation, income, employment, race, educational level and whether you’re a single parent.Attempts to address the issue are not working, noted the report’s authors.“Existing policies have failed to address overweight and obesity,” they wrote. “Without major reform, the forecasted trends will be devastating at the individual and population level, and the associated disease burden and economic costs will continue to escalate.”Obesity will result in up to $9.1 trillion in excess medical expenditures over the next 10 years, according to a June 2024 report by Republicans on the Joint Economic Committee.It’s unclear if this crisis is a priority for the Trump administration, given the incoming president’s well-known love of, and brief employment at, McDonald’s. He’s also a fan of deregulation.While that chaos shakes out, let’s look at some of the leading fast-food ingredients and who let them be there.Sodium overloadThe average fast-food meal contains an alarming amount of sodium. For example, a single serving of McDonald’s fries has 230 milligrams, while a Burger King Whopper packs 911 milligrams, nearly half the recommended daily intake for adults. Consuming this much salt not only raises blood pressure but also puts us at higher risk for heart disease and stroke.Sugar and high fructose corn syrupSugary drinks and desserts dominate fast food menus. A small Wendy’s Frosty cup contains 46 grams of sugar, well above the 25-37 grams per day suggested by the American Heart Association. High-fructose corn syrup, a cheaper alternative to cane sugar, appears in sodas, sauces, and even burger buns. This ingredient has been linked to obesity and metabolic disorders.Questionable meatsWhen fast food chains claim their burgers are made with 100% beef, they’re technically correct. But that label often masks the use of unsellable cuts of meat—trimmings, connective tissue, and fat—ground together into patties. Chicken nuggets, another fast food staple, often contain a mixture of mechanically separated meat, starches, sugar, preservatives, hydrogenated oils and artificial flavorings.Artificial colorings and additivesEver wondered why fast food looks so vibrant? That’s often thanks to chemical colorings like Red 40 and Yellow 5, which have been linked to behavioral issues in children. Even “natural” options like Subway’s multigrain bread once included preservatives like azodicarbonamide—a chemical also used in yoga mats. Subway removed it after public pressure.Who Let This Happen?The fast food industry didn’t become a dietary minefield by accident. Decades of lobbying have shaped policy and regulations that some groups say prioritize corporate profits over public health.The corn lobby and high-fructose corn syrupHigh-fructose corn syrup (HFCS) owes its success to U.S. government subsidies for corn production. The Farm Bill, influenced heavily by agribusiness lobbyists, has ensured corn remains one of the most heavily subsidized crops. Between 1995 and 2020, corn subsidies amounted to over $116 billion in the U.S.This surplus of cheap corn made HFCS a low-cost alternative to sugar, leading to its widespread use in sodas, snacks, and fast food sauces. Despite links to obesity, type 2 diabetes, and metabolic disorders, HFCS remains, thanks in part to powerful lobbying by groups like the Corn Refiners Association.Meat industry lobbyistsThe meat industry has consistently pushed back against stricter regulations on safety and labeling. One infamous example is pink slime, a finely textured beef filler treated with ammonia to kill bacteria. This filler, made from low-quality trimmings squished together, sparked public outrage when first exposed in 2012.After lobbying efforts by meat processors like Cargill and Beef Products Inc., pink slime was reclassified by the USDA as ground beef, meaning it could be more widespread than before.But “pink slime” is fattier and more likely to contain pathogens than ground beef from quality cuts.FDA and additivesFood manufacturers have fought to keep artificial preservatives and additives legal despite evidence of potential health risks. For instance, Butylated Hydroxyanisole (BHA) and Butylated Hydroxytoluene (BHT) are preservatives used in fast food and processed goods to prevent fat from spoiling.Both are listed as “reasonably anticipated to be human carcinogens” by the National Toxicology Program, yet lobbying by food industry groups has ensured they remain approved by the FDA.

Obesity affects more Americans than ever. Fast food is one of the main culprits.

Fast food occupies a unique spot in the proverbial gut of America. It’s irresistibly convenient when the fridge is empty —and even when it’s full — it seduces us with consistency, incredible flavors and decent prices.

While it all comes with a generous serving of guilt since we kinda know it’s bad for us, Americans can’t help themselves. Americans spent a record $490 billion on fast food in 2023, up from post-pandemic levels. Despite this, surveys consistently show that many harbor deep concerns about its nutritional value, environmental impact and the ethics of its production.

This love-hate tension is all part of fast food’s complex place in our lives.

A report published Thursday in the journal The Lancet revealed that 75% of Americans are now overweight or obese. While fast food is not solely to blame for that, it does raise questions about the wide availability and nutritional value of ultra-processed foods.

But solving an obesity crisis is not as simple as telling people to avoid it. Not everyone who consumes fast food does it because they want to. Many Americans face challenges accessing fresh fruits and vegetables, while an increase in sedentary lifestyles due to modern working practices is not yet fully understood, according to the report. Then there are social factors that limit food choices, like food insecurity, transportation, income, employment, race, educational level and whether you’re a single parent.

Attempts to address the issue are not working, noted the report’s authors.

“Existing policies have failed to address overweight and obesity,” they wrote. “Without major reform, the forecasted trends will be devastating at the individual and population level, and the associated disease burden and economic costs will continue to escalate.”

Obesity will result in up to $9.1 trillion in excess medical expenditures over the next 10 years, according to a June 2024 report by Republicans on the Joint Economic Committee.

It’s unclear if this crisis is a priority for the Trump administration, given the incoming president’s well-known love of, and brief employment at, McDonald’s. He’s also a fan of deregulation.

While that chaos shakes out, let’s look at some of the leading fast-food ingredients and who let them be there.

Sodium overload

The average fast-food meal contains an alarming amount of sodium. For example, a single serving of McDonald’s fries has 230 milligrams, while a Burger King Whopper packs 911 milligrams, nearly half the recommended daily intake for adults. Consuming this much salt not only raises blood pressure but also puts us at higher risk for heart disease and stroke.

Sugar and high fructose corn syrup

Sugary drinks and desserts dominate fast food menus. A small Wendy’s Frosty cup contains 46 grams of sugar, well above the 25-37 grams per day suggested by the American Heart Association. High-fructose corn syrup, a cheaper alternative to cane sugar, appears in sodas, sauces, and even burger buns. This ingredient has been linked to obesity and metabolic disorders.

Questionable meats

When fast food chains claim their burgers are made with 100% beef, they’re technically correct. But that label often masks the use of unsellable cuts of meat—trimmings, connective tissue, and fat—ground together into patties. Chicken nuggets, another fast food staple, often contain a mixture of mechanically separated meat, starches, sugar, preservatives, hydrogenated oils and artificial flavorings.

Artificial colorings and additives

Ever wondered why fast food looks so vibrant? That’s often thanks to chemical colorings like Red 40 and Yellow 5, which have been linked to behavioral issues in children. Even “natural” options like Subway’s multigrain bread once included preservatives like azodicarbonamide—a chemical also used in yoga mats. Subway removed it after public pressure.

Who Let This Happen?

The fast food industry didn’t become a dietary minefield by accident. Decades of lobbying have shaped policy and regulations that some groups say prioritize corporate profits over public health.

The corn lobby and high-fructose corn syrup

High-fructose corn syrup (HFCS) owes its success to U.S. government subsidies for corn production. The Farm Bill, influenced heavily by agribusiness lobbyists, has ensured corn remains one of the most heavily subsidized crops. Between 1995 and 2020, corn subsidies amounted to over $116 billion in the U.S.

This surplus of cheap corn made HFCS a low-cost alternative to sugar, leading to its widespread use in sodas, snacks, and fast food sauces. Despite links to obesity, type 2 diabetes, and metabolic disorders, HFCS remains, thanks in part to powerful lobbying by groups like the Corn Refiners Association.

Meat industry lobbyists

The meat industry has consistently pushed back against stricter regulations on safety and labeling. One infamous example is pink slime, a finely textured beef filler treated with ammonia to kill bacteria. This filler, made from low-quality trimmings squished together, sparked public outrage when first exposed in 2012.

After lobbying efforts by meat processors like Cargill and Beef Products Inc., pink slime was reclassified by the USDA as ground beef, meaning it could be more widespread than before.

But “pink slime” is fattier and more likely to contain pathogens than ground beef from quality cuts.

FDA and additives

Food manufacturers have fought to keep artificial preservatives and additives legal despite evidence of potential health risks. For instance, Butylated Hydroxyanisole (BHA) and Butylated Hydroxytoluene (BHT) are preservatives used in fast food and processed goods to prevent fat from spoiling.

Both are listed as “reasonably anticipated to be human carcinogens” by the National Toxicology Program, yet lobbying by food industry groups has ensured they remain approved by the FDA.

Read the full story here.
Photos courtesy of

The Dark Matter of Food: Why Most of Nutrition Remains a Mystery

What we eat is packed with hidden chemistry that may hold the key to both disease and health. When the human genome was first sequenced in 2003, many believed this breakthrough would reveal the full origins of disease. Yet, genetics accounts for only about 10% of overall risk. The remaining 90% is shaped by environmental [...]

Food is far more than calories and nutrients, it’s a chemical universe we’ve barely begun to map. Unlocking this “nutritional dark matter” could transform our understanding of health and disease. Credit: ShutterstockWhat we eat is packed with hidden chemistry that may hold the key to both disease and health. When the human genome was first sequenced in 2003, many believed this breakthrough would reveal the full origins of disease. Yet, genetics accounts for only about 10% of overall risk. The remaining 90% is shaped by environmental factors, with diet playing a particularly significant role. Globally, poor nutrition is estimated to contribute to roughly one in five deaths among adults over the age of 25. In Europe, dietary factors alone are responsible for nearly half of all cardiovascular fatalities. Despite decades of public health campaigns urging people to reduce fat, salt, and sugar, obesity rates and diet-related diseases have continued to climb. Clearly, something is missing from the way we think about food. Beyond calories and nutrients For much of modern history, nutrition has been described in simplified terms, viewing food primarily as fuel and nutrients as the building blocks of the body. Attention has focused on about 150 well-known chemicals such as proteins, fats, carbohydrates, and vitamins. However, researchers now believe that the human diet actually contains more than 26,000 distinct compounds, the majority of which remain largely unexplored. Here is where astronomy provides a useful comparison. Astronomers know that dark matter makes up about 27% of the universe. It doesn’t emit or reflect light, and so it cannot be seen directly but its gravitational effects reveal that it must exist. Nutrition science faces something similar. The vast majority of chemicals in food are invisible to us in terms of research. We consume them every day, but we have little idea what they do. Some experts refer to these unknown molecules as “nutritional dark matter.” It’s a reminder that just as the cosmos is filled with hidden forces, our diet is packed with hidden chemistry. When researchers analyze disease, they look at a vast array of foods, although any association often cannot be matched to known molecules. This is the dark matter of nutrition – the compounds we ingest daily but haven’t been mapped or studied. Some may encourage health, but others may increase the risk of disease. The challenge is finding out which do what. Foodomics as a new approach The field of foodomics aims to do exactly that. It brings together genomics (the role of genes), proteomics (proteins), metabolomics (cell activity) and nutrigenomics (the interaction of genes and diet). These approaches are starting to reveal how diet interacts with the body in ways far beyond calories and vitamins. Take the Mediterranean diet (filled with fruits, vegetables, whole grains, legumes, nuts, olive oil, and fish, with limited red meat and sweets), for example, which is known to reduce the risk of heart disease. But why does it work? One clue lies in a molecule called TMAO (trimethylamine N-oxide), produced when gut bacteria metabolize compounds in red meat and eggs. High levels of TMAO increase the risk of heart disease. But garlic, for example, contains substances that block its production. This is one example of how diet can tip the balance between health and harm. Gut microbes and food chemistry Gut bacteria also play a major role. When compounds reach the colon, microbes transform them into new chemicals that can affect inflammation, immunity and metabolism. For example, ellagic acid – found in various fruits and nuts – is converted by gut bacteria into urolithins. These are a group of natural compounds that help keep our mitochondria (the body’s energy factories) healthy. This shows how food is a complex web of interacting chemicals. One compound can influence many biological mechanisms, which in turn can affect many others. Diet can even switch genes on or off through epigenetics – changes in gene activity that don’t alter DNA itself. History has provided stark examples of this. For example, children born to mothers who endured famine in the Netherlands during the Second World War were more likely to develop heart disease, type 2 diabetes, and schizophrenia later in life. Decades on, scientists found their gene activity had been altered by what their mothers ate – or didn’t eat – while pregnant. Mapping the hidden food universe Projects such as the Foodome Project are now attempting to catalogue this hidden chemical universe. More than 130,000 molecules have already been listed, linking food compounds to human proteins, gut microbes and disease processes. The aim is to build an atlas of how diet interacts with the body, and to pinpoint which molecules really matter for health. The hope is that by understanding nutritional dark matter, we can answer questions that have long frustrated nutrition science. Why do certain diets work for some people but not others? Why do foods sometimes prevent, and sometimes promote, disease? Which food molecules could be harnessed to develop new drugs, or new foods? We are still at the beginning. But the message is clear – the food on our plate is not just calories and nutrients, but a vast chemical landscape we are only starting to chart. Just as mapping cosmic dark matter is transforming our view of the universe, uncovering nutritional dark matter could transform how we eat, how we treat disease and how we understand health itself. Adapted from an article originally published in The Conversation. Never miss a breakthrough: Join the SciTechDaily newsletter.

Microplastics May Trigger Alzheimer’s-Like Brain Damage

College of Pharmacy Professor Jaime Ross has discovered that cognitive decline occurs in a sex-dependent manner, mirroring patterns observed in humans. Tiny fragments of plastic, known as microplastics and nanoplastics, are now so widespread in the environment that they regularly make their way into our bodies through the food we eat, the water we drink, [...]

A University of Rhode Island study suggests micro- and nanoplastics can accumulate in the brain, potentially accelerating Alzheimer’s symptoms in genetically at-risk individuals. Credit: StockCollege of Pharmacy Professor Jaime Ross has discovered that cognitive decline occurs in a sex-dependent manner, mirroring patterns observed in humans. Tiny fragments of plastic, known as microplastics and nanoplastics, are now so widespread in the environment that they regularly make their way into our bodies through the food we eat, the water we drink, and even the air we breathe. A new study from the University of Rhode Island’s College of Pharmacy reports that these particles can travel throughout the body, reaching organs such as the brain, where they may build up and contribute to conditions resembling Alzheimer’s disease. This research builds on earlier work showing that microplastics are capable of passing through the blood-brain barrier, a natural defense system that usually shields the brain from harmful agents as tiny as viruses and bacteria. Assistant Professor Jaime Ross extended the investigation to explore how these plastics affect brain function. Her team’s results suggest that the accumulation of micro- and nanoplastics in the brain may play a role in memory loss and cognitive decline, particularly in people with certain genetic risk factors for Alzheimer’s. Testing Microplastic Exposure in Mice Ross’ latest study, published recently in the journal Environmental Research Communications, examined mice that had been genetically modified to include the naturally occurring gene APOE4, a strong indicator of Alzheimer’s risk, making people 3.5 times more likely to develop the disease than those who carry the APOE3 variant of the gene that is passed from parents to offspring. URI College of Pharmacy Assistant Professor Jaime Ross has found links between micro- and nanoplastics and Alzheimer’s Disease in mice. Credit: URI Communications“In these mice, like in people, it’s not a guarantee that you’re going to see any changes in cognition. You could have identical twins both carrying APOE4, one totally cognitively healthy, and the other could develop Alzheimer’s disease,” Ross said. “So that tells us there’s something about lifestyle, something about the environment going on. There are modifiable factors we’re studying related to Alzheimer’s–diet, exercise, vitamins, and especially environmental toxins like microplastics. If you carry the APOE4, and you happen to consume a lot of microplastics, will this contribute to Alzheimer’s disease?” To find out, Ross and her team exposed two groups of mice—one with the APOE4 variant and one with APOE3—to micro- and nanoplastics in their drinking water over a period of three weeks. The tiny particles from polystyrene—among the most abundant plastics in the world, found in Styrofoam take-out containers, plastic cups, and more—infiltrated the mice’ organs, including the brain, as expected. The research included a control group from each APOE designation did not receive microplastic exposure. Ross’ team then ran the mice through a series of tests to examine their cognitive ability, beginning with an open-field test, in which researchers put a mouse in a chamber and allow it to explore at will for 90 minutes. Ordinarily, a mouse will hug the walls, naturally attempting to hide from potential predators. However, after microplastic exposure, the APOE4 mice—especially the male mice—tended to wander more in the middle of the chamber and spend time in open space, leaving themselves vulnerable to predators. Behavioral and Memory Changes To test their ability to recognize novel objects, Ross placed mice in an open chamber with two distinct objects. After having time to explore the objects, the mice were removed and returned later, this time with one of the objects replaced with a different shape. The female mice with APOE4 and microplastic exposure were slow to recognize the novel objects, if they did at all, a sign of cognitive decline affecting memory. “In the first test, you can see the males are spending more time and resting more in the center of the arena. In females, we saw changes in novel object recognition,” Ross said. “In human Alzheimer’s patients, men tend to experience more changes in apathy; they care less. Women experience more changes in memory. So the memory and the apathy connection are pretty clear: When you expose animals that are carrying the largest known risk factor in humans for developing Alzheimer’s disease to micro- and nanopastics, lo and behold, their behavior changes in a sex-dependent manner similar to the sex-dependent differences we see with Alzheimer’s patients.” A Growing Environmental and Health Crisis The results are concerning enough to warrant further study into the cognitive decline caused by exposure to micro- and nanoplastics, which are among the most prominent environmental toxins to which people are routinely exposed. (A separate URI study released in 2023 revealed of the extent to which microplastics accumulate in the environment, shockingly finding that the top two inches of the floor of Narragansett Bay contain more than 1,000 tons of microplastics.) Ross is continuing to expand her research into the topic and encourages others to do so, in the hope of leading to better regulation of the toxins. The Microplastics Safety Act, introduced in the U.S. House of Representatives in July, would direct the U.S. Food and Drug Administration to study the human health impacts of microplastics in food and water, specifically focusing on vulnerabilities for children, the endocrine and reproductive systems, and links to cancer and chronic illnesses. “There has not been a lot of money spent on the human health impacts of microplastics,” Ross said, noting she is in regular discussion with the Rhode Island Congressional delegation about the need for regulation. “It’s interesting that what we’re seeing in mice is similar to what we’re seeing in the real world. We want to encourage further research into the scourge of micro- and nanoplastics.” Reference: “Short-term exposure to polystyrene microplastics alters cognition, immune, and metabolic markers in an apolipoprotein E (APOE) genotype and sex-dependent manner” by Lauren Gaspar, Sydney Bartman, Hannah Tobias-Wallingford, Giuseppe Coppotelli and Jaime M Ross, 20 August 2025, Environmental Research Communications.DOI: 10.1088/2515-7620/adf8ae Never miss a breakthrough: Join the SciTechDaily newsletter.

New Hope in Alzheimer’s Research: A Special Report

Breakthrough therapies, new diagnostics and preventive measures for fighting a devastating disease

September 16, 20252 min readNew Hope in Alzheimer’s Research: A Special ReportBreakthrough therapies, new diagnostics and preventive measures for fighting a devastating diseaseBy Lauren Gravitz This article is part of “Innovations In: Alzheimer's Disease” an editorially independent special report that was produced with financial support from Eisai.A diagnosis of Alzheimer’s disease is typically followed by years of uncertainty, grief and a painful decline into oblivion. But although there is so much researchers still don’t understand about the disease and what drives it, scientists are making progress faster than ever before and providing patients and their families with options for both diagnosis and treatment.Over the past few decades researchers have begun to realize that Alzheimer’s is more than the tangles of tau proteins and clusters of amyloid plaque that are the defining biological signs of the disease. Today, as Esther Landhuis describes, with the help of detailed graphics, there are more than 100 ongoing trials aimed at slowing or even stopping disease progression, and they target a variety of underlying mechanisms. The first therapies that specifically home in on and break up amyloid plaques have already been approved by the U.S. Food and Drug Administration. In clinical trials, they slowed decline for some people with early Alzheimer’s, but, as Liz Seegert reports, the drugs also come with substantial risk and are not a one-size-fits-all solution.On supporting science journalismIf you're enjoying this article, consider supporting our award-winning journalism by subscribing. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.Changes to daily habits, such as increased exercise and social interaction, better nutrition, and supplements, are another option to consider. Sara Harrison notes that although the results from studies are mixed, researchers hope that focusing on someone’s day-to-day health can delay onset of the worst symptoms of dementia. Such improvements aren’t available to everyone, however. Black Americans are twice as likely as white Americans to be diagnosed with Alzheimer’s or other dementias. Jyoti Madhusoodanan analyzes the substantial evidence that this higher rate is a direct result of systemic racism, environmental pollution, and other experiences related to discrimination.The earlier someone is diagnosed with Alzheimer’s, the sooner they can begin interventions and start to plan for the future. Blood tests can finally make this early detection easier. They’re not infallible, however. Cassandra Willyard explains that the currently available blood tests are less a screening tool and more part of a confirmatory approach, best for people already experiencing dementia symptoms.The global incidence of Alzheimer’s is increasing at a rapid rate. In the U.S., more people than ever are being diagnosed even as the number of care options dwindles. Tara Haelle explores the reasons for that and profiles one program aiming to help states coordinate and improve care for dementia patients and their caregivers.Alzheimer’s is a devastating diagnosis. But for the first time since the condition’s initial description in 1906, scientists and clinicians are providing both dementia patients and their family members with glimmers of hope.It’s Time to Stand Up for ScienceIf you enjoyed this article, I’d like to ask for your support. Scientific American has served as an advocate for science and industry for 180 years, and right now may be the most critical moment in that two-century history.I’ve been a Scientific American subscriber since I was 12 years old, and it helped shape the way I look at the world. SciAm always educates and delights me, and inspires a sense of awe for our vast, beautiful universe. I hope it does that for you, too.If you subscribe to Scientific American, you help ensure that our coverage is centered on meaningful research and discovery; that we have the resources to report on the decisions that threaten labs across the U.S.; and that we support both budding and working scientists at a time when the value of science itself too often goes unrecognized.In return, you get essential news, captivating podcasts, brilliant infographics, can't-miss newsletters, must-watch videos, challenging games, and the science world's best writing and reporting. You can even gift someone a subscription.There has never been a more important time for us to stand up and show why science matters. I hope you’ll support us in that mission.

Amid state inaction, California chef sues to block sales of foam food containers

The suit claims Atlanta-based WinCup continues to sell, distribute and market foam products in California despite a state law that was supposed to ban such sales starting Jan. 1.

Redwood City — Fed up with the state’s refusal to enforce a law banning the sale of polystyrene foam cups, plates and bowls, a San Diego County resident has taken matters into his own hands.Jeffrey Heavey, a chef and owner of Convivial Catering, a San Diego-area catering service, is suing WinCup, an Atlanta-based foam foodware product manufacturing company, claiming that it continues to sell, distribute and market foam products in California despite a state law that was supposed to ban such sales starting Jan. 1. He is suing on behalf of himself, not his business.The suit, filed in the San Diego County Superior Court in March, seeks class action status on behalf of all Californians. Heavey’s attorney, William Sullivan of the Sullivan & Yaeckel Law Group, said his client is seeking an injunction to stop WinCup from selling these banned products in California and to remove the products’ “chasing arrows” recycling label, which Heavey and his attorney describe as false and deceptive advertising.They are also seeking damages for every California-based customer who paid the company for these products in the last three years, and $5,000 to every senior citizen or “disabled” person who may have purchased the products during this time period.WinCup didn’t respond to requests for comments, but in a court filing described the allegations as vague, unspecific and without merit, according to the company’s attorney, Nathan Dooley. Jeffrey Heavey is suing foodware maker WinCup, claiming that it continues to sell, distribute and market foam products in California despite a state law that was supposed to ban such sales starting Jan. 1. (Luke Johnson / Los Angeles Times) At issue is a California ban on the environmentally destructive plastic material, which went into effect on Jan. 1, as well as the definition of “recyclable” and the use of such a label on products sold in the state.Senate Bill 54, signed into law by Gov. Gavin Newsom in 2021, targeted single-use plastic in the state’s waste stream. The law included a provision that banned the sale and distribution of expanded polystyrene food service ware — such as foam cups, plates and takeout containers — on Jan. 1, unless producers could show they had achieved a 25% recycling rate.“I’m glad a person in my district has taken this up and is holding these companies accountable,” said Catherine Blakespear (D-Encinitas). “But CalRecycle is the enforcement authority for this legislation, and they should be the ones doing this.”The intent of the law was to put the financial onus of responsible waste management onto the producers of these products, and away from California’s taxpayers and cities that would otherwise have to dispose of these products or deal with their waste on beaches, in rivers and on roadways.Expanded polystyrene is a particularly pernicious form of plastic pollution that does not biodegrade, has a tendency to break down into microplastics, leaches toxic chemicals and persists in the environment.There are no expanded polystyrene recycling plants in California, and recycling rates nationally for the material hover around 1%. A Mallard duck swims in water with Styrofoam polluting the beach on Lake Washington, Kirkland, Wash. (Wolfgang Kaehler / LightRocket via Getty Images) However, despite CalRecycle’s delayed announcement of the ban, companies such as WinCup not only continue to sell these banned products in California, but Heavey and his lawyers allege the products are deceptively labeled as “recyclable.” In his suit, Heavey includes a March 15 receipt from a Smart & Final store in the San Diego County town of National City, indicating a purchase of “WinCup 16 oz. Foam” cups. Similar polystyrene foam products could be seen on the shelves this week at a Redwood City Smart & Final, including a 1,000-count box of 12-ounce WinCup foam cups selling for $36.99. Across the aisle, the shelves were packed with bags of Simply Value and First Street (both Smart & Final brands) foam plates and bowls.There were “chasing arrow” recycling labels on the boxes containing cup lids. The symbol included a No. 6 in the center, indicating the material is polystyrene. There were none on the cardboard boxes containing cups, and it couldn’t be determined if the individual foam products were tagged with recycling labels. They were either obstructed from view inside cardboard boxes or stacked in bags which obscured observation.Smart & Final, which is owned by Chedraui USA, a subsidiary of Mexico City-based Grupo Comercial Chedraui, didn’t respond to requests for comment.Heavey’s suit alleges the plastic product manufacturer is “greenwashing” its products by labeling them as recyclable and in so doing, trying to skirt the law.According to the suit, recycling claims are widely disseminated on products and via other written publications. The company’s website includes an “Environmental” tab, which includes a page entitled: “Foam versus Paper Disposable Cups: A closer look.”The page includes a one-sentence argument highlighting the environmental superiority of foam over paper, noting that “foam products have a reputation for environmental harm, but if we examine the scientific research, in many ways Expanded Polystyrene (EPS) foam is greener than paper.”Heavey’s suit claims that he believed he was purchasing recyclable materials based on the products’ labeling, and he would not have bought the items had they not been advertised as such. WinCup, which is owned by Atar Capital, a Los Angeles-based global private investment firm sought to have the case moved to the U.S. District Court in San Diego, but a judge there remanded the case back to the San Diego Superior Court or jurisdiction grounds. Susan Keefe, the Southern California Director of Beyond Plastics, an anti-plastic environmental group based in Bennington, Vt., said that as of June, the agency had not yet enforced the ban, despite news stories and evidence that the product was still being sold in the state.“It’s really frustrating. CalRecycle’s disregard for enforcement just permits a lack of respect for our laws. It results in these violators who think they can freely pollute in our state with no trepidation that California will exercise its right to penalize them,” she said. Melanie Turner, a spokesoman for CalRecycle, said in a statement that expanded polystyrene producers “should no longer be selling or distributing expanded polystyrene food service ware to California businesses.” “CalRecycle has been identifying and notifying businesses that may be impacted by SB 54, including expanded polystyrene requirements, and communicating their responsibilities with mailed notices, emailed announcements, public meetings, and workshops,” she said. The waste agency “is prioritizing compliance assistance for producers regulated by this law, prior to potential enforcement action,” she said.Keefe filed a public records request with the agency regarding communications with companies selling the banned material and said she found the agency had not made any attempts to warn or stop the violators from selling banned products.Blakespear said it’s concerning the law has been in effect for more than six months and CalRecycle has yet to clamp down on violators. Enforcement is critical, she said, for setting the tone as SB 54 is implemented.According to Senate Bill 54, companies that produce banned products that are then sold in California can be fined up to $50,000 per day, per violation.According to a report issued by the waste agency last week, approximately 47,000 tons of expanded polystyrene foam was disposed in California landfills last year.

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