11 January 2010 @ 9:18AM >> Another tale from the annals of government competence:

Someone is getting called for jury duty...but it’s no human.

A family is trying to figure out how their pet cat was summonsed for jury duty.

[...]

[The cat’s] owners, Guy and Anna Esposito, think they may know the source of the mix up: [the cat] really is a member of the family, so on the last Census form, Anna Esposito listed him under “pets”.

[...]

Anna filed for [the cat’s] disqualification of service. However, the jury commissioner was unmoved and denied the request.

[The] service date at Suffolk Superior Court is set for March 23. Anna said that if the issue isn’t cleared up by then, she will simply have to bring the cat to court.

23 August 2009 >> Only a government could be this stupid while simultaneously being this reckless with other people’s money:

A paedophile with a 30-year history of abusing children is being prescribed Viagra on the [National Health Service] — and there is nothing the authorities can do to stop him.

Roger Martin, 71, merely has to visit his GP to obtain the libido-enhancing drug, even though experts warn it will enable him to continue preying on children despite his age.

The probation officers who oversee Martin are powerless to interfere with the administration of prescription drugs.

He does not have to tell his GP about his criminal past and even if he does, doctors cannot take convictions into account.

[...]

He has forced himself on a string of youngsters and his latest assault was on an 11-year-old girl last year.

Jolly old England.

22 June 2009 >> “The federal government is spending $423,500 to find out why men don’t like to wear condoms,” reports Fox News.

I’ll give the government a hint in language they can understand: the words no, stimulus and package could be used in a valid answer.

29 May 2009 @ 6:47PM >> The recent post on the FDA’s regulation of Cheerios as a drug generated a lot of e-mail from readers. Last week, I posted a well-reasoned disagreement with my view on the matter.

Here are a couple more responses:

Maybe the cholesterol lowering qualities are not the result of the Cheerios themselves, but the fact that the person eating Cheerios for breakfast is not eating a food that might increase one’s cholesterol level, i.e. bacon. Would the FDA be justified in stepping in then? I have to imagine if you had a side of bacon (a few slices) with your Cheerios everyday, your cholesterol would not be lower by 4% in 6 weeks. To me this is common sense. Unfortunately, there are too many people out there who have given up thinking for themselves and are reliant upon others telling them what is good and what is bad. Enter the Nanny-state.

And:

I just want to encourage you concerning your take on the FDA regulating Cheerios like a drug. It seems as though we as a nation have completely lost all common sense, and I can hardly take it anymore.

Is it really a revelation that food affects health? Before we became a nation of pill popping hypochondriacs, how do you think we consumed beneficial nutrients?

Since Cheerios might be able to make health claims, and therefore should be treated like a drug, it makes sense that the FDA should also treat milk like a drug, and investigate those potentially spurrious claims that it “does a body good”. Several years ago, there was an opinion that eggs increased cholesterol. Should the FDA have classified eggs as a harmful drug? Where does it end?

Food products are already regulated to require the disclosure of ingredient lists and nutritional information. Any nutritional scientist can consume the information already required of a food manufacturer and conclude potential health benefits and risks. If a product contains 3000mg of sodium per serving, for example, does it really take a clinical study to determine that it is not heart-healthy? You could not use the same method to evaluate Ambien or Prosac.

Of course, I am making my argument based on common sense. Since common sense is rapidly going out of style, perhaps I should just concede. Let’s treat anything healthy like a drug, just to make sure everyone is “safe”. Calling my doctor now to stock up on prescriptions for citrus - need that vitamin C.

20 May 2009 >> Brain Terminal reader Blake I. Markus disagrees with my take on the Food & Drug Administration’s apparent desire to regulate Cheerios:

Evan,

I have a small complaint about your article, Kids! Just Say No... to Cheerios. I normally agree with your sentiments, but this one is hard to swallow.

I am very libertarian when it comes to limiting the control of the federal government. I do not believe the government should regulate individual and ordinary decisions of regular citizens. In the game of life, the government’s role should not be deciding where to move the pieces.

However, the government must act as Milton Bradley and set the rules that make it possible to play the game fairly. Rules such as antitrust laws, banking regulations, and criminal penalties are necessary to ensure the People don’t get screwed in one form or another by other people or businesses who take too much control, engage in fraudulent behavior, or try to otherwise gouge or mislead a consumer.

With regard to your article specifically, it appears that your argument for why the FDA’s decision is a bad one, is that the government is just trying to enforce a rule for the sake of enforcing a rule and engaging in “nanny” behavior.

While I agree that the government, especially as of late, has been engaging more and more in parental decision-making, I think the actions taken by the FDA are correct. The problem isn’t that “idiots might get confused and mistake a bowl of Cheerios for a pile of Lipitor.” The real problem is that the FDA cannot set a precedent of letting products be advertised as giving specific health benefits without meeting the rigorous FDA standards established for that type of advertising.

I’m assuming here that the FDA did not approve the so-called “clinical study” that was done by General Mills, a company who does not do “clinical studies” on a regular basis. If such a precedent were to be set, herbal supplement companies could make specific claims about their products (more specific and more often than they already do) that were not correctly tested.

This decision by the FDA is a difficult one, I must say. I don’t believe there would even be an argument if this scenario were more like an herbal supplement company stating that the ingredients in the supplement will guarantee on average a 10% weight loss and 14% muscle gain, but those studies were based only on clinical trials conducted on lab rats, and the results only counted the rats who were left living after the study was over.

But the sad truth is, even though this is a children’s cereal that is practically an institution among breakfast foods (and late night desserts, as you have pointed out), the rules are in place to prevent harm to the consumer in the face of bad studies. If Cheerios conducted an FDA approved study and it was found that the decrease in cholesterol was negligible and it actually increased the likelihood of testicular cancer in young men, you would likely be changing your tone about this “nanny” decision.

Thank you for your time, and please keep writing your wonderful blog entries. While I had to say something against this entry, I am often pleased by what you have to say.

Regards,

Blake

Thanks for the e-mail, Blake. I think you have a good point with respect to herbal supplements. However, I think the Cheerios case is different in one key respect.

Herbal supplements are intended to improve someone’s health or state of mind. That’s the only reason people buy herbal supplements: to consume them like medication. So regulating them like a drug makes sense to me.

But the original and primary function of Cheerios to fill the stomach and provide the body with energy. Cheerios is tasty, and that’s a nice side-benefit, as is the apparent cholesterol-lowering power. But such benefits are secondary.

Now, if General Mills is making claims about Cheerios that are false, that’s a much more defensible case for government regulation. But in the reporting I’ve seen, nobody disputes the health claims made by General Mills. I haven’t seen anyone question the legitimacy of the studies about Cheerios cholesterol-lowering properties.

So why, then, shouldn’t the burden of proof be on the government?

Before regulating Cheerios like a drug, why doesn’t the government first commission its own independent study and see if the claims about Cheerios are false?

That seems reasonable to me, and it would certainly constitute far less government interference in private enterprise.

That’s my take on it, although I could be wrong. The media reports on this story haven’t exactly been paragons of clarity.

---

Update: In another report, it seems the FDA is questioning the claims of General Mills: “We certainly don’t have any issues with the safety of Cheerios,” Stephen Sundlof, director of the FDA’s Center for Food Safety and Applied Nutrition, said in an interview today. “We just believe that the labeling on this particular product has gone beyond what the science supports.”

13 May 2009 >> Cheerios. It’s a tough habit to break.

I should know. I’ve been there.

There have been many nights when my dessert consisted of a bowl of Cheerios. On certain nights, two or more.

So I understand how hard it is to extricate oneself from the clutches of such a potent addiction.

I understand why Our Benevolent Nanny, the federal government, treats Cheerios like a drug:

The FDA has sent a warning letter to General Mills, telling the company that its claims about the health benefits of eating Cheerios “would cause it to be a drug because the product is intended for use in the prevention, mitigation and treatment of disease.”

The problem: Cheerios are a food not a drug, the FDA notes in the letter, which was sent May 5 but was posted on the agency’s website today. Thus, claims that the 68-year-old whole-grain oat cereal lowers cholesterol and reduces the risk of heart disease and cancer violates federal law, the agency said.

[...]

The FDA was particularly unhappy about assertions on Cheerios boxes and its website that eating the cereal can “lower your cholesterol 4% in 6 weeks.” The FDA counters that the cereal must be approved as a drug before making such specific health claims.

General Mills spokesman Tom Forsythe said the cholesterol-lowering claim has been featured on the Cheerios box for more than two years and that the heart health claim was approved by the FDA 12 years ago. On April 20, General Mills announced results of a clinical study that showed eating two daily servings of Cheerios (1 1/2 cups each) can reduce cholesterol 10% in just a month.

“The science is not in question,” he said. “The scientific body of evidence supporting the heart health claim was the basis for FDA’s approval of the heart health claim, and the clinical study supporting Cheerios’ cholesterol-lowering benefits is very strong.”

Forsythe said the company looks forward “to discussing this with the FDA and to reaching a resolution.” General Mills faces seizure of products or an injunction against making and distributing Cheerios.

As the Los Angeles Times reports the story, it seems that the government’s complaint about the cholesterol claim isn’t that it is false. The problem, according to the FDA, is that because Cheerios is effective at lowering cholesterol, idiots might get confused and mistake a bowl of Cheerios for a pile of Lipitor.

According to government regulations, if Cheerios provides the health benefits claimed, that fact itself is all that’s needed for the government to treat it as a drug. Nevermind that it isn’t a drug. Nevermind that, for decades, schoolchildren have understood that Cheerios is food. Nevermind that. This is the government and the rules must be enforced, common sense be damned.

Anyone who looks at a box of Cheerios and sees a product “intended for use in the prevention, mitigation and treatment of disease” is the type of person whose mortgage I’ll end up paying someday. So screw him. If he can’t distinguish between cereal and medication, then let him get ripped off for that $5 a week habit, I say. Consider it stimulus by stupidity.

After all, what’s good for General Mills is good for America.