The D.C. Circuit Court of Appeals has determined that the owners of a dairy are not required to first exhaust administrative remedies before bringing a constitutional challenge to Agricultural Marketing Agreement Act amendments. Hettinga v. U.S., No. 07-5403 (D.C. Cir., decided April 3, 2009). The amendments codified certain rule changes that the Secretary of Agriculture made to a program that regulates payments from milk handlers (processors and distributors) to milk producers (farmers) and is intended to protect producers from price fluctuations. The plaintiffs sought an injunction against enforcement of the secretary’s rule, and, while that proceeding was pending before a federal court in Texas, Congress amended the law. The plaintiffs then filed a complaint in a D.C. district court alleging that “the Amendments are unconstitutional as a bill of attainder and a denial of due process and equal protection because only the Hettingas are subject to them.” The district court…
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Researchers from the Centers for Disease Control and Prevention (CDC) recently published a study identifying perchlorate in 15 brands of powdered infant formula (PIF), which included products made from cow’s milk with lactose; cow’s milk without lactose; soy milk; and synthetic amino acids (elemental). Joshua G. Schier, “Perchlorate Exposure From Infant Formula and Comparisons With the Perchlorate Reference Dose,” Journal of Exposure Science and Environmental Epidemiology, March 18, 2009. The study authors purportedly found that some PIF samples exceeded the daily reference dose of 0.7 µg/kg per day set by the Environmental Protection Agency. More than one half of the formulas would exceed the reference dose when reconstituted with drinking water contaminated with 4 µg/l of perchlorate, according to the study. The CDC researchers have reportedly claimed that the two brands with the highest perchlorate levels comprise approximately 87 percent of the powdered milk market in the United States. Scientists…
The Institute for Responsible Technology (IRT) has urged Governor Kathleen Sebelius (D-Kansas) to veto a bill passed by the Kansas Legislature on April 3, 2009, that restricts U.S. dairies from labeling their milk products free from genetically engineered bovine growth hormone (rbGH or rbST). Sebelius, who is vying to become the new U.S. Secretary of Health and Human Services, has until April 16 to veto the bill. According to the consumer advocacy group, which claims milk from hormone-treated cows can cause cancer, companies such as Wal-Mart, Starbucks and Dannon, and more than half of the nation’s top 100 dairies have committed to stop using rbGH in some or all of their products. The Kansas legislation would require all manufacturers that sell rbGH-free products in the state, including national brands, to add a large disclaimer on their packages stating that the hormone does not change the quality of the milk. See…
Food & Water Watch has called on supporters to tell the Food and Drug Administration (FDA) that they do not want milk protein concentrates (MPCs) in their dairy products. According to the advocacy group, unregulated imports of inexpensive MPCs “are driving down the price of domestically produced milk and putting American dairy farmers out of business.” Food & Water Watch also claims, “No one in the government is checking to make sure that they’re safe to eat, and now FDA is thinking about letting them be used to make yogurt.” FDA is apparently considering an industry proposal to change yogurt’s “standard of identity” to allow the use of MPCs. The organization explains in its call for action how MPCs are created and then used as an additive in processed cheeses, frozen dairy desserts, crackers, and energy bars. While most MPCs used in the United States are apparently imported, “MPCs have…
A Chinese court in Shijiazhuang has reportedly agreed to accept a lawsuit filed by the parents of a child allegedly affected by the 2007 melamine contamination of milk and infant formula. Until this week, no court had accepted the litigation, a first step in securing compensation outside the administrative procedures established by the government. According to a news source, as many as 600 families refused to accept the compensation offers from the 22 dairy companies that agreed to provide payments ranging from US$290 to US$29,000. The families apparently believed the amounts were not enough to cover emotional suffering and other losses. The Beijing lawyer who filed the case that has been accepted reportedly indicated that it involves an 11-month-old girl who became sick from infant formula manufactured by the now-bankrupt Sanlu Group. The family is seeking about US$4,500, the smallest of the six lawsuits the lawyer has filed against milk…
The Union of Concerned Scientists recently criticized the Food and Drug Administration (FDA) for failing to solicit public and scientific input before it approved “the first commercialization both of a drug from a genetically engineered [GE] animal and of the animal itself.” According to the Union, FDA has allowed a Massachusetts company to raise a herd of GE goats capable of producing milk that contains a human protein used to prevent blood clots. The consumer advocacy group has accused the agency of violating its promise to open a public comment period and to gather feedback from an FDA advisory committee before permitting the company to market the goats. “Under the FDA’s process, there were no discussions of the safety or ethical implications of the approval, nor were regulations developed to keep the goats and their milk from contaminating the food supply,” opined the Union in its March 2009 Food &…
According to a news source, the executive vice president of China’s highest court has indicated that the courts will begin accepting the paperwork filed by parents who decided not to participate in the government’s compensation plan for injuries allegedly suffered by children who consumed melamine-tainted milk products. Court official Shen Deyong reportedly said in an online interview, “The courts have done the preparation work and will accept the compensation cases at any time.” He also reportedly indicated that more than 95 percent of the 300,000 victims’ families had accepted compensation. An organizer for those who held out said that hundreds are prepared to file individual claims, many of which the courts previously refused. Under China’s legal system, the courts must first accept the paperwork and then decide whether to act on the claims by opening an investigation or rejecting them. See Associated Press, March 3, 2009.
An Italian magistrate has reportedly determined that Nestlé Italia and Tetra Pak International are liable for the “psychological prejudice” of parents who gave their daughters milk purportedly contaminated with chemicals from the carton. The milk was apparently withdrawn from sale in France, Spain, Portugal, and Italy in late 2005, over concerns about the leaching of IsopropilThioXantone, a chemical used in printing on the cartons, into the dairy product. Millions of liters of liquid baby milk were reportedly recalled, and a consumers’ organization indicates that the latest ruling is the first in Italy since the product was withdrawn from the market. See Agence France Presse, March 2, 2009.
According to a news source, former Sanlu Group chairwoman Tian Wenhua has appealed the life sentence she received after she entered a guilty plea to charges arising out of the melamine-tainted milk scandal in China that sickened hundreds of thousands of children and led to a number of deaths. Tian’s lawyer reportedly contends that his client did not make the decision to sell the tainted milk and that the Shijiazhuang Intermediate People’s Court had insufficient evidence to support a conviction for manufacturing and selling fake or substandard products. The appeal will be heard by the Higher People’s Court of Hebei Province. See Jurist, February 1, 2009.
More than 200 Chinese families whose children were sickened after consuming melamine-contaminated milk products have reportedly filed suit against a group of 22 milk producers before the Supreme People’s Court in Beijing. Earlier class action suits filed in Chinese courts were not accepted, so it is unclear whether this action will proceed. According to Lin Zheng, who is coordinating the litigation for a group of volunteer lawyers, this lawsuit includes four dead children not previously accounted for in government statistics. Lin also indicated that the lawyers will file another lawsuit on behalf of the survivors of a fifth unacknowledged dead child. The government reported that six children died and nearly 300,000 became ill with kidney stones and other problems. The latest action includes a demand for more than $5.2 million in compensation. In a related development, a dairy middleman, convicted of selling 600 tons of melamine-tainted “protein powder” to dairy companies,…
