Making sludge doesn't qualify as fermenting (Long)

Patent and Copyright, all I am gonna say,,,

Before we begin, I will not be broaching the copyright or patent issue as it gets us into legal rabbit holes. From my understanding, an inventor can patent a process or composition of matter. Only new inventions can be patented.

For most inventions, obviousness is the critical hurdle to getting a patent. The non-obviousness requirement for patentability is set forth in 35 U.S.C.§ 103. In short, the inventor must show that the food would not have been a trivial or routine advance beyond other previously disclosed foods. This area of patent law is very complicated for a variety of reasons. The undisputed standard for evaluating whether an invention is obvious can be found in the Supreme Court’s 1966 Graham v. John Deere decision. /

Are Recipes Protected by Copyright Law?
In general, no; with exceptions,

The general test for copyright protection is originality, and the original and creative portions of the work must be able to be separated from the utilitarian/functional aspects of the work.

IOWs you can not patent a recipe but may be able to patent the process (more info).

Origins of JJ
Whether Epperly modified an existing recipe or created one of her own is moot. Scratch that, this video is da bomb. Even the Bulgarians warn that using their Salty Cabbage recipe can cause permanent damage to you digestive system.

In the end, the amount of NaCl present is ridiculous.; the claims Epperly makes asinine. As noted in my last post concerning Epperly, it was determined that Pink Himalayan Salt has no magical juju – salt is salt!

(Exposing the Lies, 86-88)

(FYI book 2 recipe same, directions more concise, can be found on page 13, The Jilly Juice Protocol)

 

Epperly's recipe is a standard, watery or liquefied, sauerkraut with an extreme amount of PHS,

I was able to find the “original recipe” per Jillian.

  

What's interesting, the “Real FoodForager” has this disclaimer

While the ferment process is the same,

 

Jillian admits the recipe ratios are not.

  

Based on accepted dietary standards for salt intake, Jillian's claims to any health benefits are lost. Whether her brew would even ferment due to amount of salt is another issue.

A higher salinity makes the fermentation slower, while an insufficient salinity makes it unsafe. Higher temperatures require a higher salinity.[To prevent mold] The fermentation should be done at 16-22 C [60-71 F]. The best temperature is 18-20 C [64-68 F]. A cabbage fermented at a lower temperature has a better fragrance. The best known microorganisms involved in the process include Leuconostoc mesenteroides, Lactobacterium brevis, Streptococcus faecalis, Pediococcus cerevisiae and Lactobacterium plantarum. (Internal URLs removed.)

Recommendations I have seen for brine solutions run 2-5% with ~3% being the average (carrots and onion being the exceptions). For cabbage, the brine should run about 2-2.3%, Jillian's brine is about 2.8 -3 %. As noted above, high levels of salt, little or no actual lacto-fermentation is going to happen. I question the 3-day time period in Jillian's recipe/process as well as mold growth.

As one fermentation site notes, "The correct numbers are 1 tablespoon (16 grams) of salt for 1 3/4 pound (800 grams) vegetables OR 3 tablespoons of salt for 5 pounds vegetables."  Notice measurements are relative to weight of cabbage, not amount of liquid.

I checked a few other pages of questionable health claims that touted “fermented cabbage juice” as a cure-all. All stated 3-day ferment of cabbage pieces in a brine of 1 to 1 1/2 teaspoons NaCl - coarse chop and blend as opposed to Jillian who states “puree” - as standard. 

 

(Some added a starter and other flavoring such as garlic.) Also noted, all mention to strain and discard cabbage - Jillian states to consume both. Juice should be used within 3-weeks - Jillian states her slop has an indefinite shelf life.

https://www.youtube.com/watch?v=8oCMxFQBoB0

While fermentation of cabbage juice may be a legitimate process, what Epperly is pandering as procedure, is not. It is almost as if she is intentionally bucking the system, but endangering people in the process with improper fermentation technique as well as salt content. One caveat I will add, the salt content in other brews seem high to me as well (personal preference), BUT I grew up and still continue no-salt/low salt regime due to health.

Standard portion mentioned for consumption, ¼ – 1 cup/day for 3-5 weeks for regulation of GI issues. Jillian suggests up to 3 cups/meal indefinitely (EtL86-88). Or as this FB post suggests, a quart at a time.

While touted as probiotic-rich, none of the pages offered lab testing as evidence of said claim, Jillian's is questionable at best, given her procedures. Although lacto-fermentation is a standard form of food preservation I will concede that point, it is her recipe and methods I question. It is the amount she is telling people to consume I question. It is the magical healing properties she is assigning to her brew that I question.

 (Not Jillian's but one of minion's. This is what she is offering as evidence.)

Only one page referenced current research available on the matter. So being the nerd that I am, I decided to do a wee search concerning what information is available. Remember, I am doing this from a layman's POV as would Epperly

In conclusion, probiotic kale juices produced in the present study may be useful for the prevention of chronic diseases and are suggested as healthy probiotic fermented beverages with high essential nutrients. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5642806/

Fermented cabbage juice could serve as a healthy beverage for vegetarians and lactose-allergic consumers. (From abstract) https://www.ncbi.nlm.nih.gov/pubmed/16125381

There is increasing evidence in favour of the claims of beneficial effects attributed to probiotics, including improvement of intestinal health, enhancement of the immune response, reduction of serum cholesterol, and cancer prevention. These health properties are strain specific and are impacted by the various mechanisms mentioned above. While some of the health benefits are well documented others require additional studies in order to be established. In fact, there is substantial evidence to support probiotic use in the treatment of acute diarrhoeal diseases, prevention of antibiotic-associated diarrhoea, and improvement of lactose metabolism, but there is insufficient evidence to recommend them for use in other clinical conditions.

,,,

The list of health benefits mediated by probiotics is not limited to the ones mentioned so far and includes a range of promising effects that require however further human studies in order to be substantiated. There is evidence that probiotic bacteria are dietary components that may play a role in decreasing cancer incidence. (Notice it states, “may play a role in decreasing cancer incidence” NOT treat or cure.)

,,,

There is scientific evidence supporting the incorporation of probiotics in nutrition as a means of derivation of health benefits. This evidence seems adequate concerning the prevention and treatment of certain conditions while simply promising or even controversial when it comes to others. The best documented effects include bowel disorders such as lactose intolerance, antibiotic-associated diarrhoea and infectious diarrhoea, and allergy, and emerging evidence accumulates concerning their potential role in various other conditions. In the same time as relevant consumer awareness grows, such products are becoming increasingly popular and tend to represent one of the largest functional food markets,,, Further research, in the form of controlled human studies, is needed to determine which probiotics and which dosages are associated with the greatest efficacy and for which patients, as well as to demonstrate their safety and limitations. In addition, the regulatory status of probiotics as food components needs to be established on an international level with emphasis on efficacy, safety, and validation of health claims on food labels. There is no doubt that we will witness a significant increase in the role of probiotics in nutrition and medicine over the next decade and while their application in the prevention and treatment of various disorders should be considered by medical professionals and promoted by the food industry, this should be done with skepticism and respect to the consumer. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4045285/

While the journal articles noted were full of science-y stuff, no claims of a cure or “reversing” or “potentially reversing” was mentioned. Prevention was mentioned on numerous occasions; treatment of lactose intolerance was also mentioned. Jillian, on the other hand,

 Oh and Jillian, you may want to re-read your book,

 “My protocol will be able to neutralize”

Last I checked, I am not a “starfish”:

 “you will”

Those are affirmative claims!

And that brings me to a second point - Is what Jillian doing really homemade Probiotics/Fermenting?

Oh - hell fucking NO!! (I both can and ferment on a personal as well as part of prior employment. While I haven't done either in four years due to stokes, I am hoping to start fermenting again just for flavor variation in diet.) While I do not consider what Epperly to be doing as fermenting, I have no clue what to call it.

Shorter answer, NO!!

• Proper fermentation takes minimum 10 days (and that is dependent on what you are fermenting – depending on flavor profile you seek; as mentioned, there may be a caveat in regards to salty cabbage juice.)

•  Brine and/or liquid should be almost clear, in color, not sludge looking (light pinkish to red for red cabbage)

 

(Remember the Bulgarian video above)

• Proper fermentation should not grow mold unless contaminated or exposed to air etc. IOWs the fermentation process should not cause mold (VIDEO:: ~2:30 mark – be forewarned, she licks her fingers)  The entire batch could be contaminated (mold) and consumptionquestionable.

 

  

If you do have mold don’t get mad and think you will never figure out fermentation. Instead, use it as a learning tool. You established the perfect home for mold spores to grow: air, warmth and not enough salt. Make note of it for the next time.

From a since deleted video, screen cap of her scrapping off mold (although it does look like Kahm yeast.) I have seen others suggest everything below the brine is fine, most recommend discarding. None suggest skimming and stirring mold or yeast particles into juice.

How do you know the difference between mold and Kahm? Well, at the risk of giving a jerky answer, mold looks like mold. Mold will be raised, fluffy or maybe fuzzy looking. Kahm is flat, except where bubbles form when CO2 is trapped. Most vegetable ferment molds (which are extremely rare, anyway, with basic best practices) are white and can be scraped off. Colorful molds aren’t to be messed around with and ferments coated in bright pink, green or blue mold should be discarded. 

And for good measure (note that the color profile is much better on this batch although solids still remain).

 

Recommend::  Five Questions on Mold and Food Safety

• In regards to Kahm yeast, which I think is what Epperly is referring to; like mold, you're still not to”mix” it in. 

So if Kahm isn’t bad for you, why should you care that it’s there at all?

• First, it doesn’t always smell so great,,,
• Second, in my experience, Kahm yeast can be an indicator that there’s been an issue with your ferment,,,
• Third, the off flavors from kahm can impact what lies beneath,,,

 One important point to keep in mind, Kahm yeast takes hold at the beginning of fermentation if the required high acidity level of your ferment is slow to form.  It is suggested, “to remove all of the yeast, including what is stuck to the jar and then taste the top layer. If it tastes of Kahm yeast, remove until you get down to a section that tastes fine. Then, repack your sauerkraut cabbage juice into a clean jar. Thoroughly clean your jar, crock, lid or whatever came in contact with this batch of sauerkraut cabbage juice, perhaps using a distilled white vinegar solution.”

• Re-use of non-standard canning jars with ill fitting or metal lids, not recommended – you will not achieve the proper seal, possible contamination. Ideally one should use all glass with rubber ring or fermentation kit.

(While I understand Epperly may be doing her fermenting on a budget, her suggestions concerning re-use is IMO dangerous if not deadly.)

• Proper cleaning of ALL equipment plus jars required to prevent mold. Unlike canning, sterilization no trequired. Ensure that your equipment is thoroughly cleaned between batches – Sometimes stray yeast can jump over from the last batch. If you do get Kahm, that’s a time to use white, distilled vinegar and boiling water to clean your crock, jar, spoon, whatever after each batch.

• Proper sanitary food handling procedures required.  (You don't pet your dog without washing hands while making any food product).

Jillian's concoction is not unique as the video at the beginning of this post demonstrates. What is unique, is the fact she is trying to kill people with the amount of salt in her sludge. She is not fermenting anything. Maybe pickling her brain and liver. At best she is brewing a very salty cabbage flavored water; at worst, convincing people to drink mold.

I am not opposed to fermentation, I do ferment. What I am opposed to are the claims Epperly is making and her unsanitary procedures. To borrow from a friend,

[F]ermentation isn't the most difficult thing in the world--not now when we have plenty of information from hundreds of years of experience. But it's not throwing a bunch of shit in a jar and letting it fester--I mean, it is, but in a controlled way. Her recipe ferments things the way a septic tank does.

Next post we will look at some of the claims she doesn't make in her second book.