June, 09 2009, 11:38am EDT
Scandal Fuels Meltdown in Organic Dairy Industry
Farmers Seek Justice from Obama, USDA; Consumers Headed Back to Court
WASHINGTON
A slowdown in the
sales of organic milk and dairy products, attributed in recent articles by the New
York Times and other media outlets to the weakened economy, has organic
dairy farmers from coast to coast at or near financial collapse. But a
worsening scandal in the industry might be doing more to economically injure
organic family farmers than the flattening of demand for organic dairy
products.
Since 2005, a handful of giant factory farms, each milking
thousands of cows, have been accused of skirting strict federal organic
regulations and creating a surplus of cheap "phony" organic milk
flooding the market and driving down profit margins for legitimate industry
participants. The Cornucopia Institute estimates that as much as 30-40%
of organic milk is now coming from giant industrial operations, milking as many
as 7000 cows each.
Last week, a judge in federal district court in St. Louis,
rejected 19 class-action lawsuits filed by consumers who are claiming fraud in
the sale of "organic" milk coming from one of the giant
operations. In 2007, federal investigators found the Aurora Dairy had
"willfully" violated 14 different federal organic regulations.
Consumers in 40 states sued, alleging fraud in the manufacture of organic milk
sold as storebrands in Wal-Mart, Target, Safeway, Costco and other national
chains served by Aurora.
Lawyers representing consumers
involved with the class-action lawsuits vow that they will appeal the
judge's initial ruling, especially in light of a recent Supreme Court
decision that clearly gives citizens the right to sue corporations that
allegedly act illegally even though federal regulatory agencies provide
statutory authority over certain industries.
According to Mark Kastel, the Senior Farm Policy Analyst for
The Cornucopia Institute, the dismissal was particularly distressing
"because Bush Administration officials had substantially softened USDA
penalties recommended by enforcement staff for Aurora's organic
transgressions." Cornucopia first alerted the USDA to
Aurora's violations by filing formal legal complaints with the agency.
"The very essence of the checks and balances system in
our three branches of government provides for citizens to seek remedy, when
regulatory agencies fail to enforce laws passed by Congress," said Gary
Cox, a Columbus, Ohio-based attorney with experience in the organic industry.
"It is our contention that a judicial review of the alleged
misconduct by these giant corporations, and the lack of enforcement by the
USDA, is not only appropriate but imperative."
The outcome of the pending suits will not only impact
consumers but many organic dairy farmers whose livelihoods are now threatened
by the giant corporate dairy marketers. A glut of organic milk on the
market now has the nation's organic processors attempting to reduce their
supply and cutting prices paid to farmers. Dean Foods, the nation's
largest milk processor, and owner of the Horizon Organic brand, and H. P. Hood,
a giant Boston-based milk bottler, that controls the Stonyfield milk label,
have both terminated contracts with farmers or allegedly attempted to strong
arm some of them out of business.
"I have invested my life in building this dairy farm,
and Hood encouraged many dairy producers to make major investments and ramp-up
for organic production, now my entire livelihood and the financial future of my
family is at risk," said Kevin Poetker who milks 200 cows near Waterloo,
IL, 24 miles SE of St. Louis.
Even Organic Valley, the farmer-owned cooperative that is
second only to Dean Foods in organic milk sales, has cut prices to their
members and asked them to reduce their milk production by 7%.
"Farmers who build their herds make long-term financial and management
decisions, and just shutting off even 7% of their milk is no easy task,"
Kastel said.
Thousands of letters, mostly from organic farmers, have been
sent to president Obama and USDA secretary Tom Vilsack asking them to
immediately intervene and undertake aggressive enforcement of organic
regulations, something lacking during the past administration.
The USDA's handling of the Aurora violations is not
the only instance where its enforcement actions have gone awry. Other
alleged violations have gone uninvestigated by agency staff. Cornucopia
has filed several additional complaints, based upon direct observation of
practices employed on other huge feedlot dairies owned by Aurora and Dean
Foods.
"Either the USDA refused to investigate or, when they
actually found violations, they have allowed illegal activities to
continue," Kastel lamented. "We are now appealing to the Obama
administration for a more ethical approach to enforcement in these
matters. Congress gave the USDA the responsibility of overseeing the
organic industry and now we are happy that some on Capitol Hill are considering
launching an investigation into, seemingly, favorable treatment for some corporate
players."
If there is good news for
consumers, it's that they have alternatives in the marketplace.
"Consumers seeking authentic, nutritionally superior organic milk have
many choices and we hope they will support the family farmers, the heroes who
built the organic industry," stated Ronnie Cummins of the Organic
Consumers Association.
A multi-year research study by The Cornucopia Institute
created a scorecard, posted on its website (www.cornucopia.org),
rating all 110 organic brands based on their ethical and legal approach to milk
production. The study indicates that 90% of organic milk, cheese, butter
and yogurt marketers are clearly subscribing to both the "spirit and
letter of the organic regulations."
"These giant factory farms are a bad aberration.
Unfortunately they are associated with a couple of the largest participants in
the industry. We need consumers to step up and make careful choices in
the supermarket so they reward the true heroes in this industry and send a
strong message to the bad actors," Kastel said. "Some organic
farmers out there desperately need the help and support of consumers."
- 30 -
A copy of the judge's decision, from the US District Court,
Eastern Division of Missouri, in St. Louis, can be obtained by contacting The
Cornucopia Institute.
The organic dairy products scorecard can be viewed at:
https://www.cornucopia.org/2008/01/dairy-report-and-scorecard/
The Cornucopia Institute website is:
The USDA's National Organic Program website is:
The Cornucopia Institute, a Wisconsin-based nonprofit farm policy research group, is dedicated to the fight for economic justice for the family-scale farming community. Their Organic Integrity Project acts as a corporate and governmental watchdog assuring that no compromises to the credibility of organic farming methods and the food it produces are made in the pursuit of profit.
LATEST NEWS
Person Self-Immolates Outside Courthouse of Trump's NY Trial
An unverified online manifesto identifies the person as "an investigative researcher" who has discovered that "our own government (along with many of their allies) is about to hit us with an apocalyptic fascist world coup."
Apr 19, 2024
This is a developing story... Please check back for possible updates...
Law enforcement officials confirmed to CNN that someone lit themself on fire Friday outside the New York City courthouse where former President Donald Trump, the presumptive Republican nominee, is on trial for allegedly falsifying business records.
"The man walked into the park across the street from the courthouse, throwing flyers into the air," the network reported, citing law enforcement. "He then pulled something out of a backpack—it was not immediately clear what the item was—and lit himself on fire."
Journalists were in the area for the historic trial and CNN anchor Laura Coates was among those who described the scene live on-air as New York Police Department officers and emergency responders worked to extinguish the fire.
Police were "slow to respond in part because of barricades around park," Politico's Emily Ngo explained, sharing photos and videos from the scene on social media. There is "only one way to get into park outside the courthouse without jumping the fence. It's been barricaded in anticipation of protests. And since there hasn't been much in the way of protests, police presence is light. Police had to run all the way around to get to the man."
The person who self-immolated "was responsive when he was removed but he is very, very badly burned. Body charred," Ngo said.
CNN reported that the flyers featured allegations of wrongdoings against New York University and said, "NYU is a mob front."
A self-identified citizen journalist named Jack shared on social media a photo of a booklet the person reportedly left in the dirt.
An unverified Substack post says in part: "My name is Max Azzarello, and I am an investigative researcher who has set himself on fire outside of the Trump trial in Manhattan. This extreme act of protest is to draw attention to an urgent and important discovery: We are victims of a totalitarian con, and our own government (along with many of their allies) is about to hit us with an apocalyptic fascist world coup."
Inside Manhattan Criminal Court, the remaining jurors were sworn in for Trump's case, in which he faces 34 charges for records related to alleged hush money payments to cover up sex scandals during the 2016 election cycle. There are 12 jurors and six alternates.
The former president was indicted by a New York grand jury last spring. He also faces two federal criminal cases—one related to his handling of classified material and another for trying to overturn his 2020 loss, which culminated in the January 6, 2021 insurrection—as well as an election interference case in Georgia.
Keep ReadingShow Less
'Important Step': EPA Finalizes Rule to Clean Up Forever Chemical Contamination
While praising the move, campaigners also said that the agency "must require polluters to pay to clean up the entire class of thousands of toxic PFAS chemicals, and it must ban nonessential uses."
Apr 19, 2024
Environmental and public health advocates on Friday welcomed the Biden administration's latest step to tackle "forever chemicals," a new Superfund rule that "will help ensure that polluters pay to clean up their contamination" across the country.
"It is time for polluters to pay to clean up the toxic soup they've dumped into the environment," declared Erik D. Olson, senior strategic director for health at the Natural Resources Defense Council. "We all learned in kindergarten that if we make a mess, we should clean it up. The Biden administration's Superfund rule is a big step in the right direction for holding polluters accountable for cleaning up decades of contamination."
Per- and polyfluoroalkyl substances (PFAS)—called forever chemicals because they remain in the human body and environment for long periods—have been used in products including firefighting foam, food packaging, and furniture, and tied to various health issues such as cancers, developmental and immune damage, and heart and liver problems.
"This action, coupled with EPA's recent announcement of limits on PFAS in drinking water, are critical steps in protecting the public."
As part of the Biden administration's "PFAS Strategic Roadmap," the U.S. Environmental Protection Agency (EPA) rule designates perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Superfund law—the Comprehensive Environmental Response, Compensation, and Liability Act.
"President Joe Biden pledged to make PFAS a priority in 2020 as part of the Biden-Harris plan to secure environmental justice. Today the Biden EPA fulfilled this important promise," said Melanie Benesh, vice president for government affairs at the Environmental Working Group (EWG).
David Andrews, EWG's deputy director of investigations and a senior scientist, has led studies that have found that PFAS are potentially harming over 330 species and more than 200 million Americans could have PFOA and PFOS in their tap water.
"For far too long, the unchecked use and disposal of toxic PFAS have wreaked havoc on our planet, contaminating everything from our drinking water to our food supply," he noted. "Urgent action is needed to clean up contaminated sites, eliminate future release of these pollutants, and shield people from additional exposure."
Walter Mugdan, a volunteer with the Environmental Protection Network and the former Superfund director for EPA Region 2, explained that the "landmark action will allow the agency to more strongly address PFAS contamination and expedite cleanups of these toxic forever chemicals while also ensuring that cleanup costs fall on those most responsible—the industrial polluters who continue to manufacture and use them."
"This action, coupled with EPA's recent announcement of limits on PFAS in drinking water, are critical steps in protecting the public from these harmful compounds," added the former official, referencing the first-ever national limits on forever chemicals in drinking water that the agency finalized earlier this month.
As an EWG blog post detailed in anticipation of the new rule earlier this week:
A hazardous substance designation allows the EPA to use money from its Superfund—the EPA's account for addressing this kind of contamination—to quickly jump-start cleanup at a PFOA- or PFOS-polluted site and to recover the costs from the polluters. If a company that contributed to the PFAS contamination problem refuses to cooperate, the EPA can order a cleanup anyway and fine the company if they fail to take action.
[...]
When a chemical is added to the list of hazardous substances, the EPA sets a reportable quantity. Any time a substance is released above that quantity it must be reported. By imposing reportable quantities, the EPA will get immediate information about new PFAS releases and the chance to investigate immediately and, if necessary, take actions to reduce additional exposures. This information is also shared with state or tribal and local emergency authorities, so it can reach communities more quickly.
"For years, communities that have been exposed to these chemicals have been demanding that polluters be held accountable for the harm they have created and to pay for cleanup," Safer States national director Sarah Doll highlighted. "We applaud EPA for taking this step and encourage them to take the next step and list all PFAS under the Superfund law."
Liz Hitchcock, director of Safer Chemicals Healthy Families, the federal policy program of Toxic-Free Future, similarly celebrated the EPA rule, calling it "an important step forward that will go a long way toward holding PFAS polluters accountable and beginning to clean up contaminated sites across the country."
Like Doll, she also stressed that "until we declare the full class of PFAS hazardous and prevent further pollution by ending the use of all PFAS chemicals in common products like food packaging and firefighting gear, communities will continue to pay the price with our health and tax dollars."
Mary Grant, the Public Water for All campaign director at Food & Water Watch, agreed that further action is necessary.
"Chemical companies have attempted to hide what they have long known about the dangers of PFAS, creating a widespread public health crisis in the process," Grant emphasized. "These polluters must absolutely be held accountable to pay to clean up their toxic mess."
"Today's new rules are a necessary and important step to jump start the cleanup process for two types of PFAS," she said. "While we thank the EPA for finalizing these rules, much more is necessary: The EPA must require polluters to pay to clean up the entire class of thousands of toxic PFAS chemicals, and it must ban nonessential uses of PFAS to stop the pollution in the first place."
Noting that it's not just the EPA considering forever chemicals policies, Grant called on Congress to "reject various legislative proposals to exempt for-profit companies, including the water and sewer privatization industry, from being held accountable to pay to clean up PFAS."
"It is an outrageous hypocrisy that large for-profit water corporations seek to privatize municipal water and sewer systems by touting themselves as a solution to PFAS contamination, and yet they want to carve themselves out of accountability for cleanup costs," she argued. "No corporation should have free rein to pollute."
Keep ReadingShow Less
Green Groups Slam RFK Jr. as 'Dangerous Conspiracy Theorist and Science Denier'
"With so much at stake, we stand united in denouncing RFK Jr.'s false environmentalist claims."
Apr 19, 2024
A dozen national green groups on Friday published an open letter exposing what they say are the dangers of Robert F. Kennedy Jr.'s quixotic Independent U.S. presidential bid by highlighting his embrace of conspiracy theories and his use of language often spoken by climate deniers.
"Robert F. Kennedy Jr. is not an environmentalist. He is a dangerous conspiracy theorist and science denier whose agenda would be a disaster for our communities and the planet," the letter argues. "He may have once been an environmental attorney, but now RFK Jr. is peddling the term 'climate change orthodoxy' and making empty promises to clean up our environment with superficial proposals."
"The truth is, by rejecting science, what he offers is no different than Donald Trump," the signers asserted, referring to the former Republican president and presumptive 2024 GOP nominee.
The letter continues:
In the fact-free world that both he and Trump live in, objective reality simply does not exist. Their policy platforms are instead driven by what will benefit Big Oil and the greedy corporations that fund them. We know, however, that environmental progress depends on following scientific fact and putting people over politics.
With so much at stake, we stand united in denouncing RFK Jr.'s false environmentalist claims. We can't, in good conscience, let him continue co-opting the credibility and successes of our movement for his own personal benefit.
"RFK Jr. is a bleak reminder that our democracy is incredibly vulnerable," the letter adds. "Any support for this Kennedy-in-name-only will inevitably result in a second Trump term and the complete erosion of vital environmental and social gains made to date."
The letter is signed by the Center for Biological Diversity Action Fund, Friends of the Earth Action, LCV Victory Fund, Natural Resources Defense Council Action Fund, Climate Emergency Advocates, Climate Power, Earthjustice Action, Food & Water Action, NextGen America, Sierra Club Independent Action, Sunrise Movement, and 350 Action.
Earlier this month, the Kennedy campaign fired New York state director Rita Palma after she admitted that her "No. 1 priority" is to siphon votes from President Joe Biden—who she described as the "mutual enemy" of both the Kennedy and Trump voter.
Last month, More Perfect Unionreleased a video highlighting the ultrawealthy Republican donors and Trump backers who are also financing Kennedy's White House run, which many observers believe could play spoiler to Biden's reelection bid.
In a stinging rebuke, prominent members of the Kennedy political dynasty reaffirmed their support for Biden on Thursday. Numerous relatives have been urging Kennedy to drop out of the race.
Keep ReadingShow Less
Most Popular