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In a strong departure from
Bush-era policy, the USDA's National Organic Program released a memo
today
banning synthetic "accessory nutrients" - ending a scandal that
brought down its former organic leadership.
At issue were some of the nation's leading
manufacturers of infant
formula that had been illegally adding synthetic forms of omega-3 and
omega-6
oils to their organic products after a sweetheart deal between a
powerful
industry lobbyist and Dr. Barbara Robinson, the former head of the
USDA's
organic program-exposed by a 2009 investigative report in the Washington Post.
Documents obtained through the Freedom of
Information Act (FOIA), by
The Cornucopia Institute and shared with the Washington
Post, indicated that Robinson, after meeting with Jay
Friedman, a
lawyer and lobbyist with the powerful Washington law firm of Covington
Burling,
rescinded a ruling made by USDA career civil servants who found the
inclusion
of synthetic oils in organic infant formula to be illegal.
"Justice prevailed in this matter but it took a
change in the
administration in Washington
to make this happen," said Mark A. Kastel, Codirector of The Cornucopia
Institute.
Problems and improprieties at the National
Organic Program, during the
Bush administration, were also profiled in a recently released audit
from the
USDA's Inspector General's office.
Cornucopia, an organic industry watchdog, first
investigated the use of
these "novel" nutritional oils, derived from soil fungus and algae,
in infant formula, because they are extracted using a neurotoxic
chemical,
hexane, which is explicitly banned in organic production. "We
couldn't understand why the USDA was allowing this to happen," Kastel
said.
Congress passed the Organic Foods Production
Act, as part of the 1990
farm bill, charging the USDA with defending the interests of ethical
industry
participants and protecting organic consumers against fraud.
Cornucopia researchers were shocked when they
started investigating the
DHA/ARA oils, manufactured by Martek Biosciences Corporation, Columbia,
MD,
and found they were implicated by parents and healthcare professionals
in
severe and chronic health problems in infants around the country.
"Organics should be the last bastion of pure,
natural and
unadulterated food for consumers," said Charlotte Vallaeys, lead author
of
Cornucopia's report, Replacing
Mother --
Imitating Human Breast Milk in the Laboratory: www.cornucopia.org
Through a separate FOIA request to the FDA,
Cornucopia learned that
there was an apparent correlation between the use of Martek's
nutritional oils
and severe gastrointestinal problems sometimes resulting in
highly-invasive
testing procedures and hospitalizations.
"Based on FDA adverse reaction reports, we
discovered that many
parents, physicians and healthcare practitioners found that chronic
problems
with infants, often resulting in 'failure to thrive,' acute
dehydration (caused by dangerous diarrhea/vomiting) and severe emotional
stress
on the babies and their families, were often immediately resolved when
switching to formula without DHA/ARA supplementation," stated Vallaeys.
After learning about the health problems,
Cornucopia immediately
stepped up its legal efforts at the USDA to remove Martek's oils not
only
from organic infant formula, but also from organic baby food and organic
milk
manufactured by the nation's leading brand, Horizon, owned by the dairy
giant
Dean Foods.
"It's concerning enough that these Martek oils
are being
widely introduced in the marketplace, in both organic and conventional
products, but there is no authoritative research that suggests they
actually
benefit children's development, as is claimed by the industry," said
Marsha Walker, RN, IBCLC, Executive Director of the National Alliance
for
Breastfeeding Advocacy.
Infant formula manufacturers like Enfamil (Mead
Johnson) promote their
products as being "our closest formula to breast milk," and
research indicates such advertisements might have discouraged some women
from
breastfeeding, which is universally recognized as being superior to
formula in
numerous ways, including for the health and development of babies.
"This seems to be a crass marketing gimmick,
using our children as
guinea pigs to enhance the bottom line at the major pharmaceutical
companies
that manufacture infant formula," lamented Kastel. "The fact
that this material is being illegally added to certified organic formula
is
highly repugnant and left mothers, who could not breastfeed for whatever
reason, with few alternatives in the marketplace."
Over the past few years, infant formula
manufacturers have raised their
prices after adding Martek oils to their products. With the exception
of
some prescription formulas, available with approval from pediatricians,
only
one over-the-counter formula is available without synthetic DHA/ARA, Baby's Only, an organic product
manufactured by Nature's One in Columbus,
Ohio.
"After today's official announcement by the
USDA, all other
organic formula manufacturers will need to remove Martek's oils from
their products," Cornucopia's Vallaeys stated.
In the meantime, The Cornucopia Institute also
has filed petitions with
the FDA requesting that their Generally Recognized as Safe (GRAS)
designation
for the Martek oils be revoked.
"When Martek's additives were originally
granted GRAS
status, it was with extreme reservations on the part of the FDA review
panel
because of adverse reactions to these oils" said Valleys.
"When we reviewed FOIA documents, we were astonished to find that none
of the
infant formula manufacturers had complied with the FDA's request to
monitor adverse reactions and perform post-market surveillance of these
materials."
Like baking soda or any other synthetic
ingredient that manufacturers
would like to use in organic products, Martek and the infant formula
manufacturers who would like to use synthetic DHA/ARA oils will now be
allowed
to petition the National Organic Standards Board for a safety review.
Cornucopia projects an aggressive lobbying fight with public interest
groups
and powerful manufacturers once again squaring off.
"We have to say we are continuing to be
impressed by the ethical
turnaround at the USDA, in their oversight of the organic industry,
since the
new administration took control in Washington and Secretary Vilsack
promised
members of the organic community that he would appoint leadership who
'shares our values," Kastel affirmed.
According to The Cornucopia Institute, widely
recognized as one of the
industry's most aggressive independent watchdogs, organic consumers have
every
reason to feel more confident every day in the integrity of the USDA
organic
label.
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.
A leader at the human rights group called the proposal "a dangerous and dramatic step backwards and a product of ongoing impunity for Israel’s system of apartheid and its genocide in Gaza."
As Israel continues its "silent genocide" in the Gaza Strip one month into a supposed ceasefire with Hamas and Israeli settler attacks on Palestinians in the illegally occupied West Bank hit a record high, Amnesty International on Tuesday ripped the advancement of a death penalty bill championed by far-right National Security Minister Itamar Ben-Gvir.
Israel's 120-member Knesset "on Monday evening voted 39-16 in favor of the first reading of a controversial government-backed bill sponsored by Otzma Yehudit MK Limor Son Har-Melech," the Times of Israel reported. "Two other death penalty bills, sponsored by Likud MK Nissim Vaturi and Yisrael Beytenu MK Oded Forer, also passed their first readings 36-15 and 37-14."
Son Har-Melech's bill—which must pass two more readings to become law—would require courts to impose the death penalty on "a person who caused the death of an Israeli citizen deliberately or through indifference, from a motive of racism or hostility against a population, and with the aim of harming the state of Israel and the national revival of the Jewish people in its land."
Both Hamas—which Israel considers a terrorist organization—and the Palestine Liberation Organization slammed the bill, with Palestinian National Council Speaker Rawhi Fattouh calling it "a political, legal, and humanitarian crime," according to Reuters.
Amnesty International's senior director for research, advocacy, policy, and campaigns, Erika Guevara Rosas, said in a statement that "there is no sugarcoating this; a majority of 39 Israeli Knesset members approved in a first reading a bill that effectively mandates courts to impose the death penalty exclusively against Palestinians."
Amnesty opposes the death penalty under all circumstances and tracks such killings annually. The international human rights group has also forcefully spoken out against Israeli abuse of Palestinians, including the genocide in Gaza that has killed over 69,182 people as of Tuesday—the official tally from local health officials that experts warn is likely a significant undercount.
"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians."
“Knesset members should be working to abolish the death penalty, not broadening its application," Guevara Rosas argued. "The death penalty is the ultimate cruel, inhuman, and degrading punishment, and an irreversible denial of the right to life. It should not be imposed in any circumstances, let alone weaponized as a blatantly discriminatory tool of state-sanctioned killing, domination, and oppression. Its mandatory imposition and retroactive application would violate clear prohibitions set out under international human rights law and standards on the use of this punishment."
"The shift towards requiring courts to impose the death penalty against Palestinians is a dangerous and dramatic step backwards and a product of ongoing impunity for Israel's system of apartheid and its genocide in Gaza," she continued. "It did not occur in a vacuum. It comes in the context of a drastic increase in the number of unlawful killings of Palestinians, including acts that amount to extrajudicial executions, over the last decade, and a horrific rise of deaths in custody of Palestinians since October 2023."
Guevara Rosas noted that "not only have such acts been greeted with near-total impunity but with legitimacy and support and, at times, glorification. It also comes amidst a climate of incitement to violence against Palestinians as evidenced by the surge in state-backed settler attacks in the occupied West Bank."
Prime Minister Benjamin Netanyahu launched the devastating assault on Gaza in response to the Hamas-led attack on southern Israel on October 7, 2023. Since then, Israeli soldiers and settlers have also killed more than 1,000 Palestinians in the West Bank, according to the United Nations Office for the Coordination of Humanitarian Affairs.
Netanyahu is now wanted by the International Criminal Court for war crimes and crimes against humanity, and Israel faces an ongoing genocide case at the International Court of Justice. The ICJ separately said last year that Israel's occupation of Gaza and the West Bank, including East Jerusalem, is unlawful and must end; the Israeli government has shown no sign of accepting that.
The Amnesty campaigner said Tuesday that "it is additionally concerning that the law authorizes military courts to impose death sentences on civilians, that cannot be commuted, particularly given the unfair nature of the trials held by these courts, which have a conviction rate of over 99% for Palestinian defendants."
As CNN reported Monday:
The UN has previously condemned Israel's military courts in the occupied West Bank, saying that "Palestinians' right to due process guarantees have been violated" for decades, and denounced "the lack of fair trial in the occupied West Bank."
UN experts said last year that, "in the occupied West Bank, the functions of police, investigator, prosecutor, and judge are vested in the same hierarchical institution—the Israeli military."
Pointing to the hanging of Nazi official and Holocaust architect Adolf Eichmann, Guevara Rosas highlighted that "on paper, Israeli law has traditionally restricted the use of the death penalty for exceptional crimes, like genocide and crimes against humanity, and the last court-ordered execution was carried out in 1962."
"The bill's stipulation that courts should impose the death penalty on individuals convicted of nationally motivated murder with the intent of 'harming the state of Israel or the rebirth of the Jewish people' is yet another blatant manifestation of Israel's institutionalized discrimination against Palestinians, a key pillar of Israel’s apartheid system, in law and in practice," she asserted.
"The international community must exert maximum pressure on the Israeli government to immediately scrap this bill and dismantle all laws and practices that contribute to the system of apartheid against Palestinians," she added. "Israeli authorities must ensure Palestinian prisoners and detainees are treated in line with international law, including the prohibition against torture and other ill-treatment, and are provided with fair trial guarantees. They must also take concrete steps towards abolishing the death penalty for all crimes and all people."
"In our democracy, the press is a watchdog against abuse," said Marion County Record publisher Eric Meyer. "If the watchdog itself is the target of abuse, and all it does is roll over, democracy suffers.”
A Kansas county has agreed to pay $3 million over 2023 police raids of a local newspaper and multiple homes—one of which belonged to its elderly publisher, whose death shortly followed—sparking nationwide alarm over increasing attacks on the free press.
Marion County agreed to pay the seven-figure settlement and issue a formal apology to the publishers of the Marion County Record admitting that wrongdoing had occurred during the August 11, 2023 raids on the paper's newsroom and two homes.
The apology states that the Marion County Sheriff's Office "wishes to express its sincere regrets to Eric and Joan Meyer and Ruth and Ronald Herbel for its participation in the drafting and execution of the Marion Police Department’s search warrants on their homes and the Marion County Record. This likely would not have happened if established law had been reviewed and applied prior to the execution of the warrant."
Bernie Rhodes, an attorney for the Record, told the paper, "This is a first step—but a big step—in making sure that Joan Meyer’s death served a purpose, in making sure that the next crazed cop who thinks they can raid a newsroom understands the consequences are measured in millions of dollars."
Rhodes was referring to the 98-year-old Record co-owner, who was reportedly in good health for her age, but collapsed and died at her home in the immediate aftermath of the raid by Marion police and country sheriff's deputies.
"This is a first step—but a big step—in making sure that Joan Meyer’s death served a purpose."
Eric Meyer, Joan Meyer's son and the current publisher of the Record, said: “The admission of wrongdoing is the most important part. In our democracy, the press is a watchdog against abuse. If the watchdog itself is the target of abuse, and all it does is roll over, democracy suffers.”
According to the Record, awards include:
Record business manager Cheri Bentz—who suffered aggravation of health conditions following one of the raids—previously settled with the county for $50,000.
Katherine Jacobsen, the US, Canada, and Caribbean program coordinator at the Committee to Protect Journalists, hailed the settlement as "an important win for press freedom amid a growing trend of hostility toward those who hold power to account."
"Journalists must be able to work freely and without fear of having their homes raided and equipment seized due to the overreach of authorities," she added.
The raids—during which police seized the Record‘s electronic equipment, work product, and documentary materials—were conducted with search warrants related to an alleged identity theft investigation.
However, critics—who have called the warrants falsified and invalid—noted that the raids came as the Record investigated sexual misconduct allegations against then-Marion Police Chief Police Gideon Cody. The raids, they say, were motivated by Cody's desire to silence the paper's unfavorable reporting about him.
State District Judge Ryan Rosauer ruled last month that Cody likely committed a felony crime when he instructed a witness with whom he allegedly had an improper romantic relationship to delete text messages they exchanged before, during, and after the raids.
While Cody will not be tried in connection with Meyer's death or the 2023 raids, Rosauer ordered him to stand trial over the deleted texts.
Meyer at the time expressed dismay that Cody wasn't being tried for his mother's death or the raids. He also worried that Cody was being made a scapegoat, as other people and law enforcement agencies were involved in the incident.
Following the announcement of the settlement, Meyer said that "this never has been about money, the key issue always has been that no one is above the law."
"No one can trample on the First and Fourth Amendments for personal or political purposes and get away with it," he continued. "When my mother warned officers that the stress they were putting her under might lead to her death, she called what they were doing Hitler tactics."
"What keeps our democracy from descending as Germany did before World War II is the courage she demonstrated—and we’ve tried to continue—in fighting back," Meyer added.
"This never has been about money, the key issue always has been that no one is above the law."
Five consolidated federal civil rights lawsuits have been filed in the US District Court for the District of Kansas, alleging wrongful death, unlawful searches, retaliation for protected speech, and other claims tied to the raids.
“It’s a shame additional criminal charges aren’t possible,” Meyer said, “but the federal civil cases will do everything they can to discourage future abuses of power.”
Although unable to savor the Record's victory, Joan Meyer presciently told the officers raiding her home, "Boy, are you going to be in trouble."
“She was so right," said Rhodes.
Despite Mamdani's campaign pledge, legal experts have consistently cast doubt on a New York City mayor's authority to order the arrest of a foreign leader.
New York City Mayor-elect Zohran Mamdani may have a chance to fulfill one of his campaign promises on his first day of office, although legal experts have repeatedly cast doubt on his power to make it happen.
Republican New York City Councilwoman Inna Vernikov on Tuesday sent a formal invitation to Israeli Prime Minister Benjamin Netanyahu to speak in New York City on January 1, 2026, while at the same time daring Mamdani to keep his pledge to have him arrested on war crimes charges.
"On January 1, Mamdani will take office," Vernikov wrote in a post on X. "And also on January 1, I look forward to welcoming Bibi to New York City. NY will always stand with Israel, and no radical Marxists with a title can change that."
The International Criminal Court (ICC) last year issued an arrest warrant for Netanyahu and former Defense Minister Yoav Gallant for war crimes and crimes against humanity committed during Israel's war in Gaza that has killed at least 69,000 Palestinians.
During his successful mayoral campaign, Mamdani repeatedly said that he would enforce the warrant against Netanyahu should the Israeli leader set foot in his city.
Although Mamdani backed off some of his most strident past statements during the campaign, particularly when it comes to the New York Police Department (NYPD), he doubled down on arresting Netanyahu during a September interview with The New York Times.
"This is a moment where we cannot look to the federal government for leadership," Mamdani told the paper. "This is a moment when cities and states will have to demonstrate what it actually looks like to stand up for our own values, our own people."
However, legal experts who spoke with the Times cast doubt on Mamdani's authority as the mayor of a major American city to arrest a foreign head of government, even if the person in question has been indicted by the ICC.
Among other things, experts said that the NYPD does not have jurisdiction to arrest Netanyahu on international war crimes charges, and the Israeli leader would have to commit some crime in violation of local state or city laws to justify such an action.
Additionally, the US has never been party to the ICC and does not recognize its legal authority.
Matthew Waxman, a professor at Columbia Law School, told the Times that Mamdani's stated determination to arrest Netanyahu was "more a political stunt than a serious law-enforcement policy."