A federal court in Maryland has determined that it is not a convenient forum for the pursuit of claims by Chinese citizens seeking millions in compensation for the injuries allegedly caused by their children’s consumption of powdered milk formula and similar products tainted with melamine. Tang v. Synutra Int’l, Inc., No. 09-0088 (D. Md., decided March 29, 2010). The scandal led to a global recall of powdered milk products and resulted in the execution of several milk company officials found responsible for adding melamine to the products, purportedly to increase their protein content. The melamine allegedly caused the deaths of six infants and caused kidney stones and related injury to thousands of others. The government established a compensation program for affected families, but some sought increased damages in Chinese courts. The defendants filed a motion to dismiss on the ground of forum non conveniens, and the court discussed at length…
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During a recent meeting of the Codex Alimentarius Commission’s Committee on Milk and Milk Products, delegates reportedly agreed to recommend that the commission revoke the international standards on processed cheese when it meets in July 2010. A committee working group had been charged with redrafting a proposed standard for processed cheese and reported that it was unable to do so given the delegations that “continued to insist on textual solutions reflecting closely their own national situation, which did not attract consensus.” According to the working group’s co-chairs, “the fundamental difficulty with attempting to develop this standard arises from the requirement for the standard to address the very large variety of products marketed as processed cheese, while retaining scope for innovation.” A representative of the International Dairy Foods Association, speaking on behalf of the U.S. representatives to the committee reportedly said, “The U.S. government and dairy industry have long believed that…
The San Francisco Unified School District has reportedly announced plans to stop serving non-fat chocolate milk made with high-fructose corn syrup (HFCS) and replace it with formulations using sucrose or regular white sugar. Selling nearly 12,000 cartons of nonfat chocolate milk daily, the district agreed to the change after parents complained about the HFCS content. Its supplier, Berkley Farms, plans to start shipping the reformulated chocolate milk next month, although company officials have noted that the substitution will offer the same caloric and sugar content as the old formula and will not make a difference nutritionally. See San Francisco Chronicle, January 20, 2010.
The Cancer Prevention Coalition (CPC) is praising a recent policy statement issued by the American Public Health Association’s Governing Council, opposing the continued sale and use of genetically engineered hormonal rBGH milk and meat adulterated with sex hormones. CPC is a Chicago-based, non-profit, public-health advocacy organization. Samuel Epstein, CPC chair and professor emeritus of Environmental and Occupational Medicine at the University of Illinois School of Public Health, claims recombinant Bovine Growth Hormone is injected into about 20 percent of U.S. dairy cows to increase milk production. “While industry claims that the hormone is safe for cows, and the milk is safe for consumers, this is blatantly false,” Epstein wrote on December 23, 2009. He also claims that “beef produced in the United States is heavily contaminated with natural or synthetic sex hormones, which are associated with an increased risk of reproductive and childhood cancers.”
The U.S. Department of Agriculture’s Office of Food Safety and the Agricultural Marketing Service have announced a January 13, 2010, public meeting in Washington, D.C., to provide information and receive comments on draft U.S. positions to be discussed at the 9th Session of the Codex Committee on Milk and Milk Products (CCMMP) February 1-5 in Auckland, New Zealand. Agenda items include discussion of the draft amendment to the fermented milks standard, draft standard for processed cheese and purported inconsistencies in food additive provisions. See Federal Register, January 8, 2010.
According to a press report, three people from the Shaanxi Jinqiao Dairy Co. have been arrested and charged with producing and selling toxic food. They are apparently accused of selling more than five tons of milk powder laced with melamine to a food additive firm, which discovered the contamination. The tainted product was apparently recovered before reaching the marketplace. The detentions come a little more than a year after a nationwide scandal involving contaminated milk powder killed six children and sickened more than 300,000. The first civil trial to consider claims by parents of an injured child began in November 2009, but a second hearing in the matter has reportedly been delayed after the defendants demanded additional investigation into the cause of the child’s illness. See FoodNavigatorUSA.com, December 11, 2009.
The U.S. Department of Agriculture’s (USDA’s) National Organic Program has reportedly closed its investigation of Target Corp. for erroneously including in newspaper advertisements organic labeling on Silk® soy milk products. The Cornucopia Institute, which charged the retailer with violating federal organic regulations, apparently made public a letter obtained from the USDA indicating that Target admitted the error and is reviewing its processes to ensure the mistake is not repeated. Further details about the institute’s complaint appear in issue 324 of this Update. The organic industry watchdog has been taking a number of initiatives to bring to the public’s attention that the company making Silk® soy milk switched this year from organic to conventional soy beans. See Star Tribune, December 14, 2009; Cornucopia News, December 2009.
According to a news source, a Chinese court began hearing claims on November 27, 2009, in a civil suit brought against a dairy company and supermarket by the parents of a child allegedly sickened by melamine-contaminated milk. The parents are reportedly seeking US$8,080, claiming that the milk caused their 20-month-old son’s kidney stone. The companies have apparently argued in their defense that the injury should be covered under a government compensation program and that no medical records link the child’s kidney problems to drinking tainted milk. The judge has scheduled another hearing for December 9 and requested that the parties produce additional evidence. The case is the first to be heard in the tainted milk scandal, which purportedly resulted in the deaths of six infants, injury to 300,000 children and a worldwide recall of products containing contaminated milk powder. The largest company implicated, the Sanlu Group, paid US$132 million into…
This New York Times special report chronicles a growing movement among organic dairy farmers to overturn state bans on the sale of unpasteurized milk. According to the report, 28 states currently allow sales of raw milk “in some form,” but the Food and Drug Administration (FDA) has deemed the product “inherently dangerous” and banned its interstate sale. Yet one advocacy group has reportedly claimed that farmers could receive $5 to $7 per gallon for raw milk sold directly to consumers. “Now, the weak market for pasteurized milk and its effect on dairy farmers is motivating some states to reconsider their ban,” maintains the article, which cites raw milk proponents who “say that pasteurization kills enzymes and bacteria that are nutritionally beneficial and aid in digestion and diminishes vitamin content.” FDA officials, however, have apparently refuted these touted health benefits. The Times observes that the agency is currently reviewing its 60-day…
People for the Ethical Treatment of Animals (PETA) has filed a new complaint with the Federal Trade Commission (FTC) claiming that the California Milk Advisory Board “is deliberately misleading consumers by advertising in its sales-promotion campaigns that cows on California dairy farms live in ‘comfort,’ are ‘very well cared for,’ and are ‘happy.’” According to the animal rights organization, “these statements do not stand up to even passing scrutiny.” An organization spokesperson alleges that, “conditions commonly found on California’s factory dairy farms have been scientifically proven to cause cows extreme physical pain and mental distress.” According to a news source, PETA filed a similar complaint with the FTC in 2002, but it was not resolved. PETA apparently claims that its new complaint is necessary because conditions have worsened on California dairy farms. The organization has also reportedly filed litigation over the issue, but the lawsuit was dismissed when the courts…
