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.

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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.