-Caveat Lector-

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A few years back, Monsanto quashed a Fox New article about the hazards of BGH. The 
reporters who were fired over the incident sued, and won.

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Monsanto Sues Dairy in Maine Over Label's Remarks on Hormones

July 12, 2003
 By DAVID BARBOZA






CHICAGO, July 11 - In another sign of how contentious food
labeling issues have become in recent years, the Monsanto
Company has sued a small milk producer in Portland, Me.,
over the labeling of its dairy products.

Monsanto has accused Oakhurst Dairy Inc. of engaging in
misleading and deceptive marketing practices by carrying
labels that seem to disparage the use of artificial growth
hormones in cows.

Monsanto is the maker of the only major artificial growth
hormone, Posilac. It has been on the market since 1994 and
is used in about a third of the nation's nine million dairy
cows.

The company, which also pioneered the development of
genetically modified crops, says its product was approved
for use by the Food and Drug Administration. It also says
that the Oakhurst labels suggest that milk that comes from
cows treated with artificial growth hormones is somehow
unsafe or lower in quality.

Since they were introduced nearly a decade ago, artificial
growth hormones have come under vigorous attack from some
consumer groups, organic farmers and other critics because
of concerns that they are harmful to cows, that they make
cows produce milk that is chemically and nutritionally
different from natural milk and that they could induce
higher rates of cancer in humans.

Many scientists, however, say those claims are largely
fabricated and fictional. And Monsanto says its product,
which is intended to bolster milk production, is derived
from a natural protein produced in cattle.

Still, consumers have grown concerned about the use of the
artificial hormones, which are banned from the market in
Canada and the European Union.

Oakhurst Dairy and other New England dairy producers say
that years ago they responded to consumer concerns by
labeling their dairy products free of artificial growth
hormones. Indeed, the state of Maine says that for dairy
producers to use the state's quality seal of approval on
their packages, the dairy processors must receive signed
affidavits from dairy farmers who have pledged not to use
artificial growth hormones on their cows.

Oakhurst's products carry the state's quality seal, and the
company's milk cartons say, "Our farmers' pledge: no
artificial growth hormones."

Stanley T. Bennett II, the president of Oakhurst Dairy, a
family-owned company with sales of about $85 million a
year, said today, in a telephone interview: "We don't feel
we need to remove that label. We ought to have the right to
let people know what is and is not in our milk."

Other New England dairy producers say they use similar
labels.

"In Maine and Vermont our farmers agree not to provide us
with milk from cows treated with artificial growth
hormone," said Lynne M. Bohan, a spokeswoman at HP Hood, a
large, privately held regional dairy distributor based in
Chelsea, Mass.

And Ben & Jerry's Homemade, the popular ice cream maker in
Vermont, also carries a label on every pint of ice cream
that says its farmers pledge not to use artificial growth
hormones.

"We've been vocally opposed to bovine growth hormone for a
long time," said Lee Holden, a spokesman for Ben & Jerry's,
now an independent subsidiary of the giant food maker
Unilever. "One of the concerns is the health of the cows,
but also there's the effect on family farmers."

But Monsanto, the maker of agricultural seeds and
chemicals, has a reputation for responding strongly to
critics of its biotech seeds and its artificial growth
hormones.

The company has been pressing government officials in Maine
to get Oakhurst to change its labels and tone down its
marketing. On July 3, Monsanto filed its suit against
Oakhurst in the United States District Court in Boston,
seeking an injunction preventing Oakhurst from using the
labels.

Monsanto says not only are the labels misleading to
consumers but also that there is no way to distinguish
between milk that comes from cows treated with artificial
growth hormones and milk that comes from cows not treated.

In a statement released after the suit was filed, Monsanto
said that "these misleading representations directly
disparage Monsanto's Posilac bovine somatotropin product
and the milk from cows supplemented with bovine
somatotropin."

The National Dairy Council also says Monsanto's Posilac
drug has been "repeatedly proven safe," according to Regan
Miller Jones, a dietitian with the trade group.

The Center for Global Food Issues of the Hudson Institute
has also become concerned about what it considers
misleading dairy labels.

While officials at the center have not taken issue with the
Oakhurst labels, Alex Avery, director of research and
education at the center, said: "There's a whole lot of
upheaval in the dairy industry because of different claims.
People are confused and this is harmful to the dairy
industry. You see labels that say no pesticides, no
antibiotics, but all milk has tiny traces of pesticides.
There are even tiny traces of DDT."

The center's new slogan to stop milk producers from
marketing with misleading health slogans is not as catchy
as "Got Milk?" but it's just as simple: "Milk Is Milk."

http://www.nytimes.com/2003/07/12/business/12MILK.html?ex=1059018748&ei=1&en=5c9006d93df1f1a9


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