Kroger-Albertsons merger blocked by judge who sided with Federal Trade Commission's anti-trust argument

The merger would have 'nearly doubled Kroger's
store count.' (Kroger and Albertsons graphics)

The planned $20 billion merger between Kroger and Albertsons was blocked by a federal judge who "agreed with the Federal Trade Commission’s argument that Kroger would become the dominant player in traditional supermarkets if allowed to add nearly 2,000 stores by taking over Albertsons," report Dave Michaels and Patrick Thomas of The Wall Street Journal. U.S. District Judge Adrienne Nelson "rejected the companies’ counterargument that selling 579 stores to C&S Wholesale Grocers would replace the lost competition."

The ruling is a victory for FTC Chair Lina Khan, "who has waged legal battles to stop megadeals rather than accept companies’ proposed fixes to address competition concerns," Michaels and Thomas write. Kroger and Albertsons executives marketed the deal as a necessary move to compete with Walmart and Amazon.

Nelson's ruling cited the fierce "head-to-head competition" between Kroger and Albertsons, which the proposed merger "would have removed." Michaels and Thomas write, "An FTC spokesman said the ruling 'protects competition in the grocery market, which will prevent prices from rising even more.'"

If the deal had succeeded, Kroger's store count would have almost doubled, "exceeding the scale of Walmart’s 3,500 supercenters," Michaels and Thomas add. "Rodney McMullen, Kroger’s longtime chief executive, had pledged to eventually invest $1 billion annually in lowering prices at the acquired Albertsons stores. . . . FTC attorneys argued the deal would only give Kroger a reason to increase prices by removing a competitor." 

Earlier in the year, Albertsons CEO Vivek Sankaran told a federal court that "if Albertsons’s sale to Kroger was blocked, the supermarket chain would consider closing stores or laying off workers," the Journal reports. "He said that while the company’s business is sound for now, in the next two to three years it could need to find another buyer."

States promised opioid settlement spending transparency, but many have already strayed from commitment

When states and local governments anticipated billions in opioid settlement dollars, 12 states committed to 100% spending transparency, "promising annual reports 'specifying the activities and amounts,' they have funded," reports Aneri Pattani of KFF Health News. "But many of those reports remain difficult, if not impossible, for the average person to decipher."

Idaho settlement dollars are an example. The attorney general’s website hosts "more than 90 standardized spending reports from state and local entities. Sounds great. But in reality, it reads like this: 'In fiscal 2023, the city of Chubbuck spent about $39,000 on Section G, Subsection 9.' Cracking that code requires a separate document," Pattani explains. "The Idaho attorney general’s office, which oversees the state’s opioid settlement reports, did not respond to requests for comment."

New Hampshire has a different transparency problem. "The state government controls 85% of the state’s settlement funds and posts reports from grant recipients on its opioid abatement website," Pattani reports. "The reports explain the projects and populations served but lack a key detail: how much money each organization received."

Accessing dollars and cents details means searching through "the opioid abatement advisory commission’s meeting minutes, which date back several years" or other state government meetings and notes.

Graph by Aneri Pattani and Lydia Zuraw, KFF Health News and Christine Minhee, OpioidSettlementTracker.com

Idaho and New Hampshire aren't the only states falling short of their commitment. Other states have zero reporting, even though many residents are asking for the information. Pattani writes, "One of the loudest and most frequent questions from the public has been: Where are the dollars going? Victims of the crisis, along with their advocates and public policy experts, have repeatedly called on governments to transparently report how they’re using these funds, which many consider 'blood money.'"

Of the 12 states that promised spending accountability, seven have "reported 100% of their expenditures in a way that is easy for the public to find and understand," Pattani reports. "There are also states such as Indiana that didn’t originally promise 100% transparency but are now publishing detailed accounts of their expenditures."

Sharing settlement spending information not only helps the public hold state and local officials accountable for their spending choices, but it can also foster hope. Norman Litchfield, the director of addiction medicine at St. Luke’s Health System in Idaho, told Pattani, "A lot of people simply are just not aware that these funds exist and that these funds are currently being utilized in ways that are helping."

Ag round-up: Americans love butter and cheese; Brooke Rollins' nomination; toxic farm fertilizer; what to give a farmer?

Americans’ per capita consumption of dairy is up 3% over the past five years, 9% over the past
15 years, and 16% over the past 30 years. (Courtesy photo via Morning Ag Clips)

Even as U.S. milk and ice cream consumption dips, butter and cheese sales climb. "Butter and cheese consumption each surpassed all previous records, reaching all-time highs of 6.5 pounds (butter) and 42.3 pounds (cheese) per person, respectively, in 2023," reports Morning Ag Clips. "For context, a typical package of butter containing four sticks weighs 1 pound (16 ounces) and a standard bag of shredded cheese is half a pound (8 ounces)."

Synagro, a little-known company owned by Goldman Sachs, sells fertilizer made with sewage sludge to farmers who add it to crop soil. Unfortunately, Synagro's fertilizer may not be safe. It can contain biosolids, which often harbor 'forever chemicals' known as PFAS, which are linked to a range of "serious health problems including cancer and birth defects," reports Hiroko Tabuchi of The New York Times. "Farmers are starting to find the chemicals contaminating their land, water, crops and livestock." Synagro is leading a group of sludge-industry lobbyists "who argue they shouldn’t be held liable because the chemicals were already in the sludge before they received it and made it into fertilizer."

Fall and winter baking can increase
egg prices. (No Revisions photo)

The price of eggs is beginning to climb -- again. "The current spike coincides with shifts in shopping habits. Demand tends to rise in the fall and winter, says Brian Earnest, an animal protein economist with CoBank. Seasonal baking calls for increased egg use in home kitchens," reports Taryn Phaneuf of Nerdwallet. "Meanwhile, flocks of egg-laying hens are smaller because producers haven’t recovered from losses to bird flu over the past two years . . . The latest consumer price index shows that the price of eggs is up 37.5% from where it was a year ago."

When President-elect Donald Trump chose Brooke Rollins to head the Department of Agriculture, the nomination "blindsided" Robert F. Kennedy Jr., reports The Wall Street Journal. "Kennedy, the president-elect’s nominee to run the Health and Human Services Department, had been quietly compiling a shortlist of agriculture-secretary candidates in hopes of installing a like-minded disrupter in the post who would remake the food and farming sectors. . . . Brooke Rollins, a former White House aide with little prior relationship with Kennedy, wasn’t on the list."

2024 figures forecasted, USDA graph

As farmers plan for 2025 crops, many face lower profit margins for the second year in a row. "U.S. farm incomes are expected to fall again in 2024, and many farmers find themselves facing tighter budgets for next year," reports Kirk Maltais of The Wall Street Journal. "What hurt farmers the most was lower crop-cash receipts — the amount of money generated from selling crops. . . . Input costs, such as fertilizer and farm equipment, remain high. . . . Farmers are being squeezed, even after harvesting a record-size crop this year."

DaydreamsGirl photo via Lancaster Farming

If you want to know what to give a farmer, ask a farmer.

Crop farmer Tom Venesky’s has a few suggestions:

• A new tractor seat — Everyone has at least one tractor with a worn-out, busted-up seat
• Sunglasses, hearing protection or a tractor canopy
• A can of Freon — While being in a cab tractor shields us from the sun and noise, the glass can make it as hot as a greenhouse

Dairy farmer Taylor Pool shares some of her wish list:

• Muck boots — waterproof to keep your feet dry
• Hand warmers
• Duct tape
• Slippers
• Candles

And finally, cattleman Matthew Mitchell says livestock wranglers want:

• Waterproof snow pants or ski pants
• New socket set — since parts of old sets always magically go missing
• Utility knife/pocket knife

USDA orders testing of raw milk for bird flu to begin on Dec. 16. Testing is 'precautionary' and will aid virus containment

Mandatory milk testing will begin in six states
on Dec. 16. (Adobe Stock photo)

The Department of Agriculture has expanded its response to bird flu infections in U.S. dairy herds by ordering milk testing to begin on Dec. 16 -- "a step public health experts have clamored for following the detection of the H5N1 virus in U.S. dairy herds for the first time this spring," report Mark Johnson and Sabrina Malhiof The Washington Post. "The mandatory testing system is designed to identify which states and specific herds have been affected by the H5N1 virus." 

California, Colorado, Michigan, Mississippi, Oregon and Pennsylvania will be the first states to roll out mandated testing. The Post reports, "An industry representative in Pennsylvania, which ranks second in the nation for the number of dairy farms, said monitoring efforts are precautionary. No cases of H5N1 have been detected in the state’s dairy herds to date." So far, H5N1 infections have been reported in 720 herds in 15 states.

The mandate includes raw milk testing by "dairy farms, bulk milk transporters, milk transfer stations and dairy processing facilities," Johnson and Malhiof explain. "Herd owners whose cattle test positive for the virus must provide information for contact tracing and disease surveillance. Private laboratories and state veterinarians must report all milk that tests positive to the USDA."

Overall, dairy farmers and processors "have been reluctant to test animals or milk for the virus as they fear economic or other repercussions," reports Rachel Dobkin of Newsweek. However, as the virus spread, some farmer sentiments have changed. Keith Poulsen, director of the Wisconsin Veterinary Diagnostic Laboratory, told Dobkin,"It's another step in the right direction. They're coming around that we need a better handle on it."

Health officials maintain that "the risk to people from bird flu remains low, and pasteurization kills the virus in milk, making it safe to drink," Dobkin adds. "Federal officials continue to warn against drinking raw milk."

Senate committee members and Postmaster General clash over postal changes; some could impact rural delivery

Sen. Josh Hawley, 'hates' Dejoy's
plan and vowed to try and 'kill it.'

Tempers flared as the U.S. Senate Homeland Security and Governmental Affairs Committee and Postmaster General Louis DeJoy wrangled over the U.S. Postal Service's lagging delivery, expenses and DeJoy's overall postal "optimization" plan, reports Eric Katz of Route Fifty. "DeJoy vehemently defended his efforts and said the senators standing in his way would bring about the end of the Postal Service."

The bipartisan pushback put DeJoy on the defensive and highlighted internal conflicts between DeJoy and Congress. "Sen. Josh Hawley, R-Mo., became angry with DeJoy when discussing his plan to slow down delivery for some mail, which is expected to disproportionately impact rural areas," Katz writes. "Hawley said, 'I hate this plan and I’m going to do everything I can to kill it.' The senator raised his voice and said he was no longer interested in being nice to DeJoy, was growing tired of his initiatives, and had 'waited and waited and waited' for improved performance."

After prickly exchanges about who or what would "go down with the ship," Sen. Gary Peters, D-Mich., who chairs the committee, "said he will follow up with the Postal Regulatory Commission on its review of DeJoy’s changes, which is due out in January," Katz explains. "Its findings are non-binding, and Peters said he will demand answers if postal management ignores the commission’s recommendations.

Several lawmakers criticized DeJoy's 'Regional Transportation Optimization' plan that "will require mail to sit overnight at post offices instead of being collected each evening for transportation to a processing center," Katz reports. "USPS paused those efforts in the run up to the election and its annual holiday busy season, but has vowed to resume them early next year."

Committee members zeroed in on USPS 2025 delivery targets, which were reduced, leaving next year's goals less robust than those from 2024. "For example, it expects to deliver regular cards and letters slated for two-day delivery on time just 87% of the time in fiscal 2025 compared to its goal of 93% in fiscal 2024," Katz adds. "The Postal Service also recently announced its intention to deliver some mail more slowly."

Jon Ossoff, D-Ga, asked "why Georgia is currently only seeing 75% of mail delivered on time, despite a promise this spring that USPS would be 'where we need to be' within 60 days," Katz reports. "DeJoy said the current performance level would remain as is for the foreseeable future. . . . Ossoff made clear he did not think DeJoy was doing enough and when the postmaster general said his attacks were becoming personal, the senator countered that he was reflecting the concerns of his constituents."

Mental Health Association launches hub dedicated to improving rural mental health access and education

Rural health includes mental health care.
(Mental Health Association photo)

The Mental Health Association launched a new hub with information and free resources to help rural residents access mental health treatment, reports Liz Carey of The Daily Yonder. The site also provides community members with tools for supporting mental health care in their area.

MHA built its hub to help address the drastic need for improved mental health treatment and education in smaller communities. Carey reports, "About 7.7 million rural adults, or about a quarter (23%) of all nonmetropolitan adults in the U.S., reported having mental illness in 2022, according to the Substance Abuse and Mental Health Services Administration. Additionally, about 1.6 million, or nearly 5%, of nonmetropolitan adults reported having serious thoughts of suicide that year."

While the hub contains many options, its conversational style and easy-to-use format make it approachable. The site's landing page features a "Get Help" drop-down list of information with links on managing a mental health crisis. The site features online mental health tests and surveys to help residents determine what kind of help might fit their situation.

America Paredes, MHA’s chief social impact officer, told Carey, "Based on an individual’s screening results, they have access to a self-guided platform that helps them navigate their mental health journey based on their experience and where they are in their journey."

Resources for communities working to help residents or families cope with mental illness are also available. Paredes told Carey, “We hope this hub serves as a first step for individuals who may feel alone in their experience and organizations looking to support these communities by providing them with free resources.”

Through the hub, MHA introduces rural residents to various care options, including telehealth, which can help them access care from mental health professionals they would otherwise have to drive long distances to see. Joy Jay, executive director of MHA-SC, told Carey, "The acceptance of telehealth has helped others in rural areas reach the help they might not have otherwise had access to."

Hospital monopoly in Appalachia doesn't meet benchmarks; some residents say they're scared to seek care

Ballad Health's Indian Path Community Hospital has an
average ER wait time of 43 minutes. (Ballad Health photo)

The lack of choices for hospitals in parts of northeastern Tennessee and southwestern Virginia has left some residents fearful of getting care at its facilities, but hospital officials deny many patient complaints and tie their quality of care troubles to Covid-19 and nursing shortages, reports Brett Kelman of KFF Health News. "Ballad Health is the only option for hospital care in a large swath of Appalachia. . . .Lawmakers in both states "waived federal antitrust laws so two rival health systems could merge," which made Ballad Health the "largest state-sanctioned hospital monopoly in the nation."

Six years ago, lawmakers allowed the merger to prevent more hospital closures. To than end, Ballad Health has kept most of its facilities open; however, the system has "fallen short of about three-fourths of the quality-of-care goals set by the states over the last three fiscal years," Kelman explains. Those shortcomings include "failing to meet state benchmarks on infections, mortality, emergency room speed, and patient satisfaction."

Ballad's lack of consistent care has left "residents wary, afraid, or unwilling to seek care at Ballad hospitals. . according to written complaints to the Tennessee government and state lawmakers, public hearing testimony, and KFF Health News interviews," Kelman reports. "Many of those who submitted complaints or were interviewed allege that paper-thin staffing at Ballad hospitals and ERs is the root cause of the monopoly’s quality-of-care woes."

Ballad Health CEO Alan Levine defended the system's record and "said the hospitals are rapidly recovering from a quality-of-care slump caused by Covid-19 and a subsequent rise in nursing turnover and staff shortages," Kelman adds. "These issues affected hospitals nationwide, Levine said, and were not related to the Ballad merger or the monopoly it created."

Local government officials from Tennessee joined Levine during his KFF Health News interview. "As Levine spoke in a boardroom at Ballad’s hilltop headquarters, he was flanked by three local mayors who voiced support for the hospitals and said complaints came from a vocal minority of their constituents," Kelman reports.

But not every government entity echoes that support. Kelman explains, "The Tennessee Department of Health, which has the most direct oversight over Ballad Health. . . has attempted to hold Ballad more accountable for its quality of care in closed-door negotiations." The TDH declined all of KFF's requests to discuss Ballad's record.

Given the system's long list of woes, some residents wish the merger had been rejected. "Joe Macione, who for years was on the board of Wellmont Health System, one of the rival companies that became Ballad, once publicly advocated for the merger. . . . Macione said state leaders should have admitted years ago that the monopoly was a mistake," Kelman reports. Macione told him, "It has not worked."

Flora & Fauna: Joyrides for rats; feral pigs forage through Hawaii; serviceberry tree history; a unique "comeback" bird

Rats learned to love driving and would opt to take longer routes to get to their destination.
(Photo by Kelly Lambert, CC BY-ND)

People aren't the only ones who love to go for a drive. Rats do, too. "I’m a neuroscientist who taught rats to drive − their joy suggests how anticipating fun can enrich human life," writes Kelly Lambert for The Conversation. "My colleagues and I found that rats could learn to drive forward by grasping a small wire that acted like a gas pedal. Before long, they were steering with surprising precision to reach a Froot Loop treat. . . . Unexpectedly, we found that the rats had an intense motivation for their driving training, often jumping into the car and revving the 'lever engine' before their vehicle hit the road. Why was that?" Read the research here.

In the lowlands of Hawaii, things are going to pigs. Feral pigs have invaded six of the state's islands with shocking efficiency and left a path of overwhelmed ecosystems in their wake. "Their impact is profound on Kaua‘i. Its mountains are home to 255 unique native plant species and 208 native birds, including 11 found nowhere else on Earth," reports Brendan Borrell of Hakai magazine. "Their wallows breed mosquitoes that spread avian malaria, contributing to 10 of Kaua‘i’s 16 native honeycreepers [birds] going extinct. . . . Despite the damage that feral pigs are causing, you can’t just shoot them on sight . . ."

Serviceberry trees are smaller trees native to North
America. (The Spruce graphic)

Like humans, a tree species has a history. The serviceberry tree was once common in the United States, particularly in colonial New England, where its bloom cycle indicated when the soil was soft enough to begin digging graves for the many settlers who didn't make it through the winter. "Preachers then went from settlement to settlement to perform funeral services," writes Jessica Damiano of The Associated Press. "Because it’s one of the earliest spring bloomers, the serviceberry is an important food source for bees, butterflies and other pollinators. Later, its berries sustain dozens of bird species and mammals. . . .There are more than 20 species of the North American native tree, which is sadly underused." Here are four favorites.

Whether it's that hefty frozen turkey, a delectable ham or ground lamb ready to be transformed into meatballs, the holidays can be a special time to be thankful for the meat on our tables. As an act of gratefulness for farm animals, a donation to an animal charity that works to make the lives of factory animals better may be in order. "Animal Charity Evaluators, a California-based nonprofit, puts out an annual guide for recommended animal charities," report Sigal Samuel and Kenny Torrella of Vox. "ACE researches and promotes the most high-impact, effective ways to help animals." Find this year's list here.

Red-cockaded woodpeckers nest in family units.
(Adobe Stock photo)

Americans love a comeback, especially when the returning member is cute, social and unique. "The red-cockaded woodpecker, an iconic bird in southeastern forests, has recovered enough of its population to be downlisted from an endangered species to a threatened one," reports Christina Larson of The Associated Press. Will Harlan of the nonprofit Center for Biological Diversity, told Larson, "It’s an amazing bird that has an unusual communal nesting structure. All nests usually cluster in the same tree, and the birds stick together as a family unit.”

Hazelnut trees are poised to flourish where they once died by the thousands. "Bullied by blight, the filbert has long failed to find a home on farms in the eastern U.S.," reports Ben Seal of Ambrook Research. "All across the eastern United States, hazelnuts had been cut down by Eastern filbert blight, or EFB, an endemic disease that chokes life from a tree. . . .But now, after nearly three decades of developing a way for farmers to overcome EFB. . . . A collection of four cultivars, [was] released in 2020, that can withstand even the intense pressure on [a] New Jersey research farm, where numerous strains of the blight are present."

AI is helping wolf trackers without using radio collars.
(Photo by ML, Unsplash)

New AI tracking technology is making it easier for wolves and ranchers near Yellowstone Park to coexist. "After 30 years of using traditional boots-on-the-ground observations, researchers are collecting wolf calls in hopes of honing population estimates, tracking wolves without using radio collars, and reducing conflict between the animals and ranchers," reports Devin Farmiloe of The Washington Post. "Learning more about how wolves communicate from a young age can shed light on pack dynamics that wildlife managers can use to better track and protect the species."