Target, Walmart Selling Fake Ginkgo, Garlic, Ginseng Thanks to Political Loophole

This week, the New York State Attorney General charged Walmart, Target, Walgreens and GNC with selling "mislabeled" and "adulterated" dietary supplements.  

No surprise, at least to Fake Food Watch readers.  (See below for my list of other dietary supplements that should also be investigated by authorities... ) 

Many health supplements are fakes. Most, actually. Frauds. Bogus, pricey bait for consumers.  Neither effective, nor worth the billions Americans waste annually in vain hopes of improving their health. 

That's because "These drugs are not subject to the F.D.A.’s approval because of a loophole in a 1994 federal law (spearheaded by Utah Sen Orrin G. Hatch who received funding from supplement makers), fraudulent products can easily reach consumers without accountability or oversight," per Salon.com.    

Republican Sen. Hatch berated 2012 proposed legislation created to force greater accountability in the lucrative dietary supplement industry. 

Sen. Hatch bitterly railed against an amendment that would ..."require facilities engaged in the manufacturing, processing, packing, or holding of dietary supplements to register with the FDA, provide a description with a list of all ingredients, as well as a copy of the labeling for each dietary supplement product.  Additionally, the facilities must also register with respect to new, reformulated, and discontinued dietary supplement products. 

While I appreciate my colleague’s commitment, his amendment is based on the misguided presumption that the current regulatory framework for dietary supplements is flawed..."  (Source - U.S. Senate website of Sen. Orrin Hatch of Utah)

Findings of the New York State Attorney General?  Of 390 DNA barcoding tests performed on 78 samples of 24 generic products sold at the four retailers: 

• At Walmart, "4 percent actually contained the ingredients listed on the label."
• At Walgreens, 18 percent contained the listed ingredients.
• At GNC, 22 percent contained the listed ingredients.
• At Target, 44 percent contained the listed ingredients.
• (Source - Food Safety News)

Each sample was tested five times; samples were selected from all regions of New York state. The dietary supplements tested were garlic, ginseng, gingko biloba, St. John's wort, echinacea, valerian root, and saw palmetto.

Even I'm amazed at the incredible array of fake fillers found in these supplements in lieu of ingredients listed on the labels. "In many cases, the authorities said, the supplements contained little more than cheap fillers like rice and house plants, or substances that could be hazardous to people with food allergies," per the New York Times.

Specific ingredients found in supplements tested often included:

• Dracaena, a houseplant (right photo)
• Rice
• Wheat
• Spruce
• Pine
• Palm
• Wild carrot
• Grass
• Allium, from the garlic family
• Radish
• Daisy
• Mung bean

Friends, don't waste your hard-earned money on dietary supplements. The industry is barely regulated. And profiteers, of course, prey on this regulatory loophole to line their rich pockets at your expense and the expense of your health hopes.

Among other products I urge state and federal regulators to also investigate for misleading consumers about the health benefits and/or ingredients are:

Raspberry ketones - See "Raspberry Ketones: Another Industrial Food Quasi-Scam?"

Olive leaf extract - See "Olive Leaf Extract: Industrial Food Quasi-Scam with Clever Story"

Ensure - See "Ensure Drink: Sugary Fake Food Pseudo-Wonder Tonic by Vicodin Maker"

Coconut water  - See "The Coconut Water Fad: Hucksterism, Health Elixir or Quasi Fraud?"

How to Find Real Olive Oil, Not Fake Olive Oil

"What can I do to purchase true olive oil," reader Kgosi Johnson recently asked me. It's a question I hear often. 

It's also a reasonable question, given that between 50% and 80% of extra virgin olive oil in U.S. grocery markets is not really extra virgin.  In fact, much of the olive oil sold to Americans isn't even produced from olives... and is purposely mislabelled.

Mr. Johnson was responding to my post, The Great Extra-Virgin Olive Oil Scam in America, in which I explained:

"... the USDA is fully aware of this ongoing fraud, yet has failed for years to notify the public and has done precious little to deter the great olive oil hoax... 

"... the U.S. retail market for olive oil is largely unregulated, thereby allowing European olive growers to freely dump their crummiest-quality crops in the U.S., usually in fancy, high-priced bottles with impressive labels to attract naive buyers.... 

"U.S... standards are minimal, enforcement is non-existent, and consumers are willing to pay huge prices for what they mistakenly assume is a high-quality product." 

(To learn more about the prevalence of fake olive oils in the U.S., read  details at  The Great Extra-Virgin Olive Oil Scam in America.)

The simple answer is that the California Olive Oil Council ("COOC") is the only North American organization that officially tests, evaluates, then publicly certifies olive oils for compliance with international and the USDA's new standards for extra-virgin olive oils: 

The New York Times reported in California’s Olive Oils Challenge Europe’s in late 2011:

"In the absence of federally certified extra virgin, the California Olive Oil Council, a trade group, has created a similar certification process for oils in the state, with special labels granted to those that pass. The council has been helped by the Olive Center, a research facility that opened in 2008 at the University of California, Davis.

"Last year, the Olive Center released a surprising study, based on laboratory and sensory testing, that found that 69 percent of imported extra-virgin olive oils — including big brands like Bertolli, Filippo Berio and Carapelli — bought off the shelves of California supermarkets failed to meet international standards. Most likely, the study concluded, many of them were simply not extra-virgin olive oil at all."

The COOC certified just over 200 olive oils in 2010, and more than 250 oils in 2011.  CLICK HERE for a list of  extra-virgin olive oils certified in 2012 by the California Olive Oil Council. 

U.S. olive oil is produced mainly in California, with smaller volumes coming from Arizona, Oregon, Georgia, and Texas. 

USDA Olive Oil Standards: Voluntary, Unenforced
In October 2010, the USDA issued new Standards for Grades of Olive Oil and Olive-Pomace Oil, a revision of federal standards in effect since 1948. The new USDA standards are rigorous, and similar to both COOC and International Olive Council's standards.  

In May 2012 after miry internal debate, the USDA finally issued its Grading Manual for Olive Oil and Olive-Pomace Oil.... a 31-page technical manual for inspectors "to give background information and guidelines to assist in the uniform application and interpretation of U.S. grade standards, other similar specifications, and special procedures."  (Whatever the heck that bureaucratic mumbo-jumbo might mean... )  USDA olive oil testing will take place at its Blakely, Georgia lab. 

But here's the biggest gaping glitch: USDA olive oil standards are purely voluntary, and apparently intended as standards to be enforced by other "State and Federal agencies if these products are mislabeled." 

The International Olive Council is a 23-member intergovernmental organization based in Spain, that promotes olive oil around the world by tracking production, defining quality standards, and monitoring authenticity. The United States is not a member of the IOC. The 23 member-governments enforce IOC standards for olive oil sold in their countries.  

How Can You Find Real Extra-Virgin Olive Oil?
How can you find real, bona fide extra-virgin olive oil, and ferret out the fraud of fake olive oils?

To Mr. Johnson and all who have asked, the only suggestion I can find in 2013 is to either:

• Buy one of the olive oils certified as extra-virgin by the California Olive Oil Council, or
• Know your grower and his farming ethics and practices.  

Personally, I enjoy Bari Organic Extra-Virgin Olive Oil  as an add-on through my CSA produce provider. Bari is included in the COOC's 2012 extra-virgin certification list, and has also been certified as organic. 

Websites for olive oil producers on the COOC certification list provide locations or details where you can buy their products.

One thing I never do anymore: buy olive oils off the grocery shelf without first doing a lot of research and homework.   As Chris Kimball, founder of the respected America's Test Kitchen, noted on his radio broadcast, buying olive oil in grocery stores is "a complete crapshoot."

U.S. Lags European Countries in Fighting Food Fraud, Related Health Risks

Where is the U.S. government... specifically the USDA and FDA... when it comes to protecting Americans from food fraud?  Conspicuously absent, compared to most European countries, it seems.

"'Food fraud' has been documented in fruit juice, olive oil, spices, vinegar, wine, spirits and maple syrup, and appears to pose a significant problem in the seafood industry.  Victims range from the shopper at the local supermarket to multimillion companies," per the Washington Post. 

Contrast the U.S. government's shielding of product sales over consumer protections with strike actions taken jointly in late 2011 by ten countries: Bulgaria, Denmark, France, Hungary, Italy, The Netherlands, Romania, Spain, Turkey and the United Kingdom.

Under the auspices of Interpol-Europol,  police, judges, customs agents, and food regulatory officials in the ten countries enforced Operation Opson during the week of November 28, 2011, by seizing "hundreds of tons of counterfeit, fake and substandard food and beverages, including champagne, cheese, olive oil and tea, across 10 countries in Europe."

Operation Opson seizures from stores and markets, airports and seaports included the following, per Europol:

• 13,000 bottles of substandard olive oil
• 30 tons of fake tomato sauce
• 30,000 counterfeit candy bars
• 5 tons of substandard fish and seafood
• 77 kg. of counterfeit cheese
• 12,000 bottles of substandard wine

The Great Extra-Virgin Olive Oil Scam in America

Olive experts estimate that between 50% and 80% of extra virgin olive oil in U.S. grocery markets is not really extra virgin.  In fact, much of the olive oil sold to Americans isn't even produced from olives... and is purposely mislabelled.

Further, the USDA is fully aware of this ongoing fraud, yet has failed for years to notify the public and has done precious little to deter the great olive oil hoax.

Chris Kimball, founder of America's Test Kitchens, recently commented on his weekly radio show, "EVOO clearly doesn't mean anything since most EVOO in American markets are not extra virgin...." He added that buying olive oil in grocery stores is "a complete crapshoot."

Here's the deal in a nutshell: the U.S. retail market for olive oil is largely unregulated, thereby allowing European olive growers to freely dump their crummiest-quality crops in the U.S., usually in fancy, high-priced bottles with impressive labels to attract naive buyers.