Hundreds of parents of children sickened in China by melamine-contaminated milk products have reportedly rejected the government-sanctioned compensation offer, which would have provided about US$29,000 to families that lost a child and US$4,380 for each child with serious kidney damage. The parents, who are gathering signatures in support of their demands, will instead seek long-term health care for those affected and research into the health effects that purportedly continue to afflict tens of thousands of children. They also apparently complain that the offer provides nothing for children older than age 3 and will not provide assistance to the dozens of families facing significant hospital bills. Zhao Lianhai, whose 4-year-old son was sickened, reportedly said in an interview, “Our biggest demand is not the compensation but medical treatment and academic research on the influence that melamine will have on the health of our children. We want to know what kinds of…
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FDA has reportedly detected the industrial chemical melamine and its byproduct cyanuric acid in additional cans of U.S.-manufactured infant formula, but stressed that the levels are below the safety threshold set for young children and infants. Four of the 89 infant formula products tested by FDA contained trace amounts of melamine or cyanuric acid, which are used during the manufacturing process as disinfectants and in some food packaging. FDA and other food safety experts have apparently stated that this trace contamination most likely occurred during processing and not as the result of intentional adulteration. See Food & Water Watch Blog, January 5, 2009; The Associated Press, January 7, 2009. Meanwhile, Chinese courts started criminal trials for six cattle farmers and milk collectors accused of making melamine protein powder and adding it to raw milk sold to Chinese dairies, including the government-owned Shijiazhuang Sanlu Group Co. Sanlu recently declared bankruptcy as a…
Plaintiffs in multidistrict litigation against Aurora Dairy Corp. over claims that its “organic” milk products do not meet federal certification requirements have reportedly filed an unopposed notice of voluntary dismissal requesting that the court dismiss Whole Foods Market Group, Inc. from the case without prejudice. In re: Aurora Dairy Corp. Organic Milk Mktg. & Sales Practices Litig., MDL No. 08-1907 (E.D. Mo., motion filed December 13, 2008). While Whole Foods apparently did not sell Aurora’s organic milk, the company was named as successor-in-interest to Wild Oats, Inc., the chain acquired by Whole Foods in August 2007 and alleged to have sold the products. Whole Foods has reportedly argued that Wild Oats retained its assets and liabilities after the merger and has agreed to provide plaintiffs with discovery on that issue. According to plaintiffs’ counsel, “If, after that discovery, we agree with your analysis, we will move the court to strike Whole…
The federal government has sued a California dairy that ships raw milk to other states, claiming that the company falsely labels its products as “pet food” to exploit a purported loophole in the law about raw milk distributed in interstate commerce and makes claims that its products can treat or prevent a host of diseases without Food and Drug Administration (FDA) approval. U.S. v. Organic Pastures Dairy Co. LLC, No. 08-00692 (E.D. Cal., filed November 20, 2008). The complaint requests that the dairy be permanently enjoined from shipping (i) products across state lines whether labeled as “for human consumption or pet food” and (ii) “products with labeling that makes them drugs” under federal law. According to the complaint, the FDA issued the defendants a warning letter in February 2005, stating that distribution of raw milk in interstate commerce violates the law and that failure to comply could lead to product…
The Chinese government has reportedly arrested the owner of a poultry feed operation implicated in a nationwide scandal involving melamine-tainted animal products. The manufacturer apparently confessed to using the industrial chemical in 212 tons of chicken feed sold to Dalian Hanovo Enterprise Group, which then distributed adulterated eggs to Chinese consumers. The government also destroyed an additional 75 tons of contaminated feed seized from the owner as part of its crackdown on the widespread practice of adding melamine to feed and dairy products to artificially boost protein counts. State media sources have indicated that inspectors have shuttered 238 illegal farms and 130 dairy farms since melamine-laden infant formula first sickened thousands of children. The scandal has closed approximately 20 percent of China’s dairy industry. See What Not To Eat: Marion Nestle, November 12, 2008. Meanwhile, the U.S. Food and Drug Administration (FDA) has apparently issued a detention order for milk-containing products imported…
According to a news source, nine families whose babies developed kidney problems allegedly as a result of drinking milk tainted with melamine have filed individual lawsuits against the Sanlu Group, one of China’s largest milk companies. Each child developed kidney stones, and six reportedly remain hospitalized. The families are seeking the equivalent of US$2,000 for each child as compensation. Even though the families live in different provinces, the lawsuits were all filed in the northern city of Shijiazhuang, where the company is based. No judge has yet agreed to hear any of the milk cases in court, and a number of lawyers have apparently been pressured by government officials not to represent families seeking damages. See The New York Times, October 31, 2008.
Aurora Dairy Corp. and other defendants have filed motions to dismiss on preemption grounds in multidistrict litigation (MDL) filed on behalf of consumers who allege that the companies misled consumers by claiming their products are organic, when, in fact, they are not following organic standards and regulations. In re: Aurora Dairy Corp. Organic Milk Mktg. & Sales Practices Litig., No. MDL 1907 (E.D. Mo.), motions filed October 17, 2008). According to the defendants, the plaintiffs’ state-law claims would have the effect of rewriting national regulations for organic food production. Asserting that it holds valid organic certifications from the U.S. Department of Agriculture, Aurora argues that the relief requested would “preclude Aurora from using the very seal that the USDA, through its duly-accredited certifying agents, has expressly authorized Aurora to use.” Co-lead counsel for plaintiffs was quoted as saying, “Aurora spends a lot of time arguing that plaintiffs are trying to regulate…
According to a news source, a migrant worker from southern Guangdong province has sued Sanlu Group Co., alleging that the melamine in its baby formula caused his 11-month-old son’s kidney stones. The lawsuit, which has not yet been accepted by the Guangzhou Intermediate People’s Court, apparently seeks US$132,000 in damages. The plaintiff’s lawyer has reportedly indicated that he is planning to sue the Dairy Association in China for failing to properly supervise its member companies. More than 10,000 children have been hospitalized in China after drinking milk contaminated with melamine, which, in some batches of milk powder, has been found at levels of 6,196 parts per million. These levels far exceed the Health Ministry’s recently adopted permissible limit of one part per million for infant formula and 2.5 parts per million for liquid milk, milk powder and foods containing more than 15 percent milk. See Findlaw.com, October 10, 2008.
The Food and Drug Administration (FDA) this week issued the results of “its interim safety and risk assessment of melamine and melamine-related compounds in food, including infant food.” Prompted by “reports of melamine contamination in milk-derived ingredients” manufactured in China, FDA reviewed its scientific literature on melamine toxicity, pointing to “gaps in our scientific knowledge” regarding the threshold at which the industrial chemical becomes dangerous in infants. “There is too much uncertainty to set a level in infant formula and rule out any public health concern,” according to an October 3, 2008, FDA press release, which noted that for other food products, “levels of melamine and melamine-related compounds below 2.5 parts per million do not raise concerns.” Meanwhile, U.S. officials have reportedly located more melamine-tainted candy from China in New Haven, Connecticut, where two specialty stores were selling the White Rabbit Creamy Candy brand implicated in the global dairy scandal.…
