Now Whole Foods Gets Rid of Raw Kombucha...But Wait, Pasteurized Variety Still Available; FDA Challenges GA Raw Milk Seizure Allegation
Thursday, June 24, 2010 at 08:31PM 
Six months ago I wrote a post wondering how long my access to commercially produced kombucha would last. Now I have the answer: six months.
This morning, I went to a local Whole Foods looking to replenish my supply of GT's multigreen kombucha. (In light of Whole Foods' recent ban of raw milk, I mainly shop there for a few essentials that I have difficulty locating elsewhere.) There was no sign of the GT's, indeed, of any raw kombucha. Finally, an employee pointed me toward the little sign on the cold-drink fridge, which you see at right.
The tone of the sign is very similar to the noise being made about the withdrawal of raw milk from Whole Foods a couple months back, suggesting it was temporary when, in fact, it was permanent.
According to a beverage industry publication, all this has come about because of regulator concerns (what else?) that the alcohol level in raw kombucha is occasionally above the promised maximum of 0.5%.
If you read the article in the beverage industry publication, you learn that kombucha has grown to represent more than $40 million annual sales. You also see that the whole thing may represent a competitive power play to de-throne the kombucha industry leader, GT's, and replace it with...you guessed it...pasteurized kombucha. And lo and behold, still on the Whole Foods shelf this morning were a few bottles of Kombucha Wonder Drink. I figured they were mistakenly left in the recall confusion, and grabbed a bottle. I couldn't find anything on the bottle that says it's pasteurized (now there's a potential labeling violation), but if you go to its web site, the pasteurization and the product's continuing availability are front and center, part of a "news alert."
Isn't the idea of "pasteurized kombucha" something of a contradiction in terms? It seems pasteurized kombucha doesn't have any of the alcohol problems because the fermentation pretty much dies with the bacteria killed off in pasteurization.
Among the many food problems discussed here in the past, one important one seems to be that our mass market culture is simply incompatible with living foods. Because they are living, such foods vary slightly one from the other. But that appears to be intolerable in our sanitized ultra-predictable culture. I remember hearing a Harvard Business School professor some years ago explain the success of McDonald's being a function of "insurance," as in, "I know that whichever McDonald's I go to, I will get the exact same food I received in one hundreds or thousands of miles away." Insurance against surprises.
The only way to be sure of obtaining the living foods we want will be to produce them ourselves, or have access to small producers who sell direct to consumers. That may help explain further the current assault on raw milk buying clubs in Massachusetts and Wisconsin. No toleration of surprises.
***
The U.S. Food and Drug Administration, in a brief legal statement, has objected to the response filed by the Farm-to-Consumer Legal Defense Fund to FDA's motion to dismiss. Along with its objections to various legal arguments is the FDA's suggestion that it wasn't involved in the forced dumping of raw milk brought into Georgia from South Carolina last fall.
It characterizes as "bizarre" the "allegations of plaintiff Eric Wagoner, who claims that although his truck was 'searched and seized by officials from Georgia,' he destroyed the unpasteurized milk inside under orders from 'FDA without a warrant or other legal process.'"
The agency's lawyers add, "Had FDA actually ordered the destruction of the milk as alleged, which FDA may accomplish by means of the Food, Drug, and Cosmetic Act’s in rem seizure provision, 21 U.S.C. § 334, the proper venue in which to object would have been in the seizure action itself, wherein Mr. Wagoner would have had 'an opportunity to appear as a claimant and to have a full hearing before the court.'"
Gary Cox, the FTCLDF lawyer, says he has video proof of the FDA's involvement in the seizure.
Reader Comments (36)
People have a right to get (purchase) living food...and in a way, that the conventional commercial food delivery system does not (or can't) want to supply it might be a good thing.....that is unless the grocer lobby joins with Big Milk and other monied special interests to prevent small farmers and other entreprenuers from serving the demand.
In a way this might be a good thing....giving the small guy the chance to sell kombucha. I offer it to my customers, and many appreciate the 'not having to stay on top of it' to drink it.
Mark, your buddies over at Whole Foods have no guts, or they are being blackmailed into succumbing to the wishes of the evil ones. Either way they deserve no support from those who see the value in eating living food. A solid boycott is truly in order.
http://smallnotebook.org/2009/07/27/how-to-make-kombucha-tea/
Years ago when I took microbiology, my professor was actually a medical doctor from the state university who was thrilled to hear that I was experimenting with kombucha, beet kvass, and other fermented drinks. There are many great folks out there that know the truth about our need for living foods. The regulators cannot eliminate our access to real foods because they are gifts from the earth.
I also don't understand where there is any food safety risk in Kombucha. It is a very low pH product (usually under pH 3.0) and frankly lacks any nutrients to support the existance or growth of pathogenic organisms since it is just sucrose and tea, as opposed to the complex of fats, protiens, and minerals which accompany the milk sugar (lactose) in milk.
There's a rich wide network out there; I see et at least 3 emails a week looking for either kefir grains or Kombucha Scobies (yesterday, pork blood to make blood sausages) from our food network. The buzz around real food is alive and thriving!
The government can't beat us; so they may as well follow us. They look like complete fools trying to regulate germs. We're even bigger fools to even entertain their ideas.
Miguel's links had me laughing. Bio-security? Are they serious?
David - I'll mail you a Scoby for free? Oh BTW, I shoveled manure today. I'll wash my hands, but I refuse to wear boots or use disinfectants....
MIguel, thanks for posting Mark Purdey.. He's an unsung hero of mine, and I hope everyone gets the chance to read his articles about BSE and TB. Who bought that prion theory? Mad cow disease - good for campfire stories.
FTCLDF I send my praise and respect to you! I have never seen this frank disclosure before. This is truly rich.
CP, If you think outlawing germs will improve the human condition, then have at it. Just for the record, more hamburger recalls this week. I'm sure you're on it, right? Right? for the good of the children???
-blair
A pregnant woman was purchasing a case of kombucha (at a store in the South San Francisco Bay Area). Some employees made a joke about her "sneaking" in some alcohol. She overheard the comment and was offended. Unaware that there was any alcohol in kombucha and quite upset, she expressed her concerns to the store management. Her complaint is what resulted in the product being pulled.
Supposedly, anyhow, that's how it happened. I'm curious to know if that's really the case.
In other words, if that story is anywhere close to accurate, it's got nothing to do with pasteurization, organisms, or contamination. Everything to do with alcohol content.
Unfortunately the product has been pulled from other stores as well, not just Whole Foods. Even in Santa Cruz, CA of all places. There the sign leaves one with the impression that the products will be back. And another sign directs customers to the deli where they are selling kombucha on tap. (Perhaps made by one of the locally-based kombucha producers?)
http://www.staffoflifemarket.com/news.php?id=28&keywords=Attention_Kombucha_Drinkers_._._.
"It started when Lindsey Lohan’s SCRAM-shackle (a court-ordered device measuring alcohol content in the blood) blared an alarm on June 5 that there was alcohol in her bloodstream after the MTV Movie Awards. The actress swore she had only been drinking kombucha, and that’s what caught the attention of the grand poohbahs at Whole Foods. A corporate giant pulling a hot seller from the shelves got the Alcohol and Tobacco Tax and Trade Bureau talking to the FDA, who decided they needed to intervene.
"A statement issued yesterday by the Alcohol and Tobacco Tax and Trade Bureau (TTB) frames the issue more as a labeling problem than anything:
TTB plans to take samples of kombucha products from the marketplace and test their alcohol content in order to determine if the products are labeled in compliance with Federal law. If TTB finds alcohol beverages that are not labeled in accordance with Federal law, we will take appropriate steps to bring them into compliance. TTB will consult with FDA to ensure that the affected products comply with applicable Federal laws. If the testing results from this labeling initiative indicate potential violations of the IRC, they will be referred to the appropriate office within TTB for further investigation, as necessary."
http://localnourishment.com/2010/06/24/whole-foods-market-pulls-kombucha-the-real-story/
http://news.softpedia.com/news/Kombucha-Tea-Alerting-SCRAM-Bracelet-on-Lindsay-Lohan-145059.shtml
Joseph- What profound words of so many years ago that ring true.
I believe on the bottle of kombucha tea it states the alcohol content. If the story is true about the pregnant woman, then shame on her for not reading labels and shame on wholefoods for their stupidity again. Just how much of the tea would she need to consume before it had any affect on her or her pregnancy? I can only imagine it'd be gallons. Do you think she consumes gallon a day? Doubtful.
Sunday I'll have to remember to look for the tea at the CO-OP and see if they are still selling it. As for those who are court ordered away form certain items, why penalize others? Will they outlaw all booze? I like to cook with alcohol and a good Beaujolais is nice every so often.
Thanks for the links on making the tea.
Because consumers like their kombucha so sweet like soda pop, there is still a lot of residual sugar in the bottled product. Since the fermentation is now anaerobic, any alcohol cannot be turned into acetic acid.
As I understand it, pasteurization kills off most of the kombucha's bacteria that promote fermentation, thus slowing the fermentation down.
Jeannette,
Not sure we'll ever know if the pregnant woman or Lindsey Lohan stories are true; I'm inclined to believe the one in BevNet about the Maine regulator who "discovered" the problem and alerted federal officials (last two paragraphs of article).
http://www.bevnet.com/news/2010/6-22-2010-kombucha_honest_GT_Hain
Miguel,
Presume your comment about getting drunk from kombucha is, er, tongue in cheek. I've been drinking the commercial kombucha for quite a while, and am pretty sensitive to alcohol, and have never felt even the slightest effect.
Blair,
Appreciate your offer of scoby--I'll write you separately with info. Maybe there's a business in selling the scoby to all the Whole Foods kombucha addicts now in withdrawal?
David
Unfortunately our American culture of convience and sweet-tooth is not conducive to this.
Once you bottle it (cut it off from oxygen, thus preventing the oxidation of alcohol into acetic acid) and try to store it (which will cause the yeast to continue fermenting alcohol -- an anaerobic fermentation) the alcohol content will increase. The cold temperatures of refrigeration will certainly slow this process to snails pace, but it will happen slowly over time.
Not neccessarily a bad thing to fully ferment your kombucha. I am a home-brewer of beer, cider, and other libations, and I like all my drinks very traditional and well attenuated (dry). But unfortunately, the American palate doesn't like this so much, thus the kombucha with increasing alcohol content as it sits on the store shelf.
We are starting to tread on more regulatory feet here. Alcohol licensing is as onerous, if not moreso, than dairy licensing. The mandated "3 tier system" in alcohol distribution (producer -- distributor --- retailer) was a result of prohibition. Because the mob controlled all booz distribution during prohibition, they wanted to maintin their privileged position after prohibition was repealed. And so they instituted a mandatory middle-man, the "wholesaler" (distributer) which all producers and importers must go through, and all retailers and bars must buy from.
Talk about monopoly.
It is sad, that this totally safe and wholesome drink is going to now going to experience a barrage of regulatory onslaught. If nothing else, we ought to learn not put put so much darn sugar in it.
FIGHT BACK!
There is nothing to joke about with E.coli outbreaks and sick children. It doesn’t matter if it is beef, leafy greens or raw milk. Sick children suffering from a foodborne pathogen is a heartache. Our meat supply in the U.S. is has become quite dangerous. The same pathogens that are in this CAFO meat are showing up in grass fed produced raw milk. Since you sit on the board to the Farm-to-Consumer Legal Defense Fund, I can see why your perspective is a bit tainted. Noone in your group wants to believe that raw milk is getting people ill. Why is that Blair? The blinders will be the death of raw milk.
This Farm-to-Consumer Legal Defense Fund is not seen as a workable, reasonable group of people…..defending the Hartmann case. Really bad move. I guess protecting the ideals of the raw milk movement is more important than addressing reality; the contamination problem that is occurring. Very sad and mostly for the children.
I do find it interesting that you don’t dismiss the information about the recall on contaminated beef, to have a hard time believing it when it is raw milk. Blair making the choice to be a board member for FTCLDF means you’ve taken a serious leadership role in the raw milk movement. It means you condone the practices at the Hartmann farm. I will now hold you personally responsible for any future sick children who have consumed raw milk. You’re now part of the false information propaganda within the raw milk movement. Look in the mirror the next time a child becomes sick from raw milk and ask yourself, “What am I trying to prove?”
cp
cp,
Why was the same strain found in all of this hamburger?The same strain from two different distributors.Was it all from one batch of burger?It says"processing distributors" so I am thinking that the same strain was found in two different batches one on the west coast and one on the east coast. Interesting isn't it.Do you suppose this will be tracked back to a single point source?I think it is more likely that there is the same chemical in both of these batches and that the presence of that chemical selects for the growth of that particular strain of o157:H7.Remember ,it is the terrain that determines what strains of bacteria will be favored to survive.
Since it is from 2 different places (almost 4000 miles NYC to LA) would the probability of the place of origin be the meat packing plant(s)? It still is a Jungle out there.
Was this the same beef that has been inspected and PASSED? It must have passed inspection by the feds or it couldn't have been sold for human consumption....right?
CP is hoping and expecting sickness from raw milk so CP can blame Blair.
CP are you mentally ill?
Miguel makes an interesting point. Two coasts, one strain?? Perhaps, these two plants use the same disinfectant? Or, perhaps the Hartmann farm sent one of their cattle to slaughter and pieces of it ended up 2500 miles apart?? :-(
This business of chasing microbes around the country sure gets to be exhausting.