Geke(Shadow)Venn: NESTLÉ

A Geke(Shadow)Venn highlights individuals engaged in regulatory or legislative influence who don't show up under regular scrutiny. They're not registered lobbyists, and their ties to either the federal government or its embedded corporations remain in the shadows. Because shadow ties are harder to research, I'll only be posting one at a time, and building the (Shadow)Venns slowly for any one particular company.

A great first example of a shadow tie is Nestlé's well-connected attorney, Joseph Levitt. But first, some background:

Nestlé controls about a third of the bottled-water market worldwide, according to industry data, producing 75 different types of bottled water in 36 countries. It's forecast that bottled water could surpass soda as the nation's most popular beverage by 2020, based on current trends. This is according to Michael C. Bellas, chairman and CEO of the Beverage Marketing Corp.

But in many areas where Nestlé Waters attempts to extract water, protest and scandal seem to follow. In California, Nestlé harvests water from a National Forest in San Bernadino. The Forest Service charges Nestlé $624 per year for their permit. There is no charge for the reportedly 32 million gallons of water Nestlé extracted in 2016, alone.

Protestors have approached the FDA, pointing out that Nestlé is violating the government's rules for extracting spring water. Initially, the FDA agreed, but then reversed their own decision. Ian James of The Desert Sun reported last fall that, “[D]ocuments show the FDA initially told the Forest Service that some of the water sources used by Nestlé in the San Bernardino Mountains may not meet the federal definition of 'spring water.' Several months later, however, an official at the agency came to an entirely different conclusion and backed Nestlé after the company – which was represented by a former FDA regulator – forcefully made its case.”

The former regulator in question was Joseph Levitt, the attorney Nestlé hired to represent them before the FDA. From 1998 to 2003, Levitt was the FDA's director of food safety. Upon retiring, he joined the law firm of Hogan Lovells, who boast of him: “As the U.S. Food and Drug Administration's former top food regulator, Joe Levitt brings a true insider's knowledge in helping clients successfully navigate complex industry regulation. Whether influencing policy making or confronting a threatened compliance action, Joe's 25 years of FDA experience puts clients in the best position to succeed.” Which of course means, if Levitt represents you, you'll have an insider advantage.