The first UPF lawsuit
What I talk about when I talk about Inca Kola, the first court case against UPFs and a Netflix film about living to 200.
Hello newsletter world. Welcome to my last edition of this year. I’m just back from a trip to Lima, Peru. Wow, the food scene and culinary focus on native ingredients is stunning. And okay, yes, I also tracked UPFs—or ultra-processed foods, which mostly come labeled with warning signs – black hexagons that are easy to miss. Not hard to miss is Inka Kola, a Peruvian soft drink that is highlighter yellow and sweeter than Coke, if you can even imagine. When passengers on my local flights in Peru asked for soda, flight attendants asked in response: “Yellow?”
When Coca-Cola launched in Peru it had a hard time gaining traction. What did they do? They bought in. In 1999, the Atlanta company purchased 50% of Inca Kola shares for $200 million. It’s an interesting story about how Coke gained market control. It makes me think of the NYT story I read this week about the challenges Starbucks is encountering in China.
The Seattle coffee giant is struggling against local chains that sell drinks more cheaply and more attuned to the regional flavors. Think boba, green and milk teas. One of the competitors, Luckin Coffee, “has nearly three times as many stores, and opens a new one, on average, every hour,” as reported by NYT. Dark roasted coffee – or pork latte, a failed attempt at menu changes – that costs more is not the winning recipe here.
Like Coke in Peru, will Starbucks buy in on other chains to rescue their profit, will they sell off its China business or will it adjust its strategies? No matter the choice, it won’t be easy.
I’m just here for the tidbits:
Applaud: An 18-year old in Pennsylvania is suing Big Food over its flagrant marketing of junk food and its foods subsequent negative impact on our bodies. In the lawsuit, which is a good read, lawyers referenced UPF as “inventions of modern industrial technology [that] contain little to no whole food.” The plaintiff is Bryce Martinez, 18, of Warrington. Martinez was diagnosed at 16 with type 2 diabetes and non-alcoholic fatty liver disease after a history, reports Philly Voice, of “consuming Bagel Bites, Swedish Fish, Honey Comb cereal, Gatorade, and Tostitos.” Lawyers successfully went after cigarettes and e-cigarettes. It’s time Big Foods’ fake foods are brought before our legal system. I want to be on that jury!
Use: The Yuka app allows users to send pre-written messages to brands via email or X asking them to stop formulating with unhealthy ingredients. The app focuses on 81 of the most offending additives. There’s a counter in the app that tracks how many people have submitted complaints. Get to it people.
Watch: On Jan 1st, Netflix is streaming Don’t Die: The Man Who Wants to Live Forever, a new film about a tech millionaire’s quest to live to 200. Bryan Johnson, 47, rejiggers his diet, restricts his alcohol intake, exercises maniacally, gobs down supplements and a litany of other tasks all to live another 133 years. Looks like his hair is dyed. He might want to stop doing that.
Doubt: No, eating dark chocolate will not protect you from getting Type 2 diabetes, but eating dark chocolate plus a host of other habits might.
Where you can find me:
I’ll be celebrating my birthday – yes I’m a Capricorn – with a road trip in California with my sweetie. I hope everyone has a fantastic holiday season whatever you do. Look for me back in your in-box come January.
Well Happy Birthday Capricorn! My eldest is also one! I had to laugh thinking what it might be like to sit on a jury in a lawsuit against UPF's. I imagine it will be settled. They have enough lobbyist on Capitol Hill in their pocket there is no shame for them. But, as a jurist, can you imagine if you were a UPF consumer daily ingesting the non-food, what you might learn and how it might just change your life? Ha!
Love the yellow drink (wow). Happy road-tripping, Larissa, have a blast!