Wednesday 02 January 2008
Falsified GM food safety claims rejected by South Africa
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By Trevor Wells
Farmers Legal Action Group-South Africa
On 26 June 2006 Farmers legal Action-South Africa published an article headed "Monsanto tells a pack of lies in South Africa". See article below. The article exposed how Monsanto had told the South African Advertising Authority (ASA) that MON 863 was not their product. MON 863 was in fact their product and had been found to cause damage to rats in independent trials in Europe. Monsanto had in fact made an application for this product to be released in South Africa.
The ASA ordered Monsanto SA to withdraw its advert which depicted a mother with two children in a kitchen looking at a cake. Among other false claims the advert stated "no negative reactions to GM foods have ever been reported".
The advert also falsely claimed that genetically modified foods contained enhanced proteins, vitamins and anti-oxidants and removed allergens.
Whilst there was an uproar from responsible parenting organisations and in fact proof that no commercial GM products had ever been commercially released with the enhanced claims, the ASA found it unnecessary to deal with those aspects. It ordered the removal of the advert based on the false claim that "No negative reactions to GM foods have ever been reported."
During the hearing, Monsanto attempted to distract the worthy panel of arbitrators, headed by Justice King, a no non-sense judge who rose to fame as the doyen of "Corporate Governance",
by arguing the merits of GM products as against the truthfulness of their claims. They produced a letter from Covance Laboratories in the USA, which claimed that they were an independent laboratory and which "praised the benefits of GM Corn." Justice King ruled that the benefits of GM corn had nothing to do with the case in front of them.
Covance Laboratories have a history of abuse and have been fined on several occasions in Europe and the USA for the appalling conditions under which experiments are conducted and for outright vicious treatment of laboratory animals. Their track record is second only to Monsanto's long history of convictions for racketeering, bribery and corruption.
Covance was used by big tobacco to produce propaganda which was also proved false
Monsanto clearly lives under the misconception that South African judges are stupid, because apart from the serious submissions mentioned above they would not have presented Covance Laboratories as an "independent" source in order to verify their safety claim. Covance, USA's support of Monsanto is even more surprising given the fact that European researchers employed by Covance Laboratories (Europe) discovered and reported numerous biological effects on rats fed MON863, i.e.
blood stream anomalies that varied by sex (increase in white blood cell
levels and lymphocytes in males, decrease in new red blood cells in females,
increase in female blood sugar levels, in addition to renal lesions
(inflammations, kidney stones) and variations in kidney weight.
The ink on the judgement ordering the withdrawal of this false advert had hardly dried when, on 21 August 2007, Kobus Steenkamp, Marketing Manager for Monsanto, issued this statement headed:
"ASA accepts Monsanto's 'GM Is Safe' advertisement"
Monsanto's Steenkamp added: "The Advertising Standards Authority has now approved this advertisement and accepts that the facts have been verified by independent and reliable sources." He added "The Advertising Standards Authority (ASA has accepted the revised wording from Monsanto, which states, " no substantiated scientific or medical negative reactions to GM foods have ever been reported".
According to the article "Another spin by GM Giant Monsanto" published by The South African NGO net ,the Advertising Standards Authority categorically denied Monsanto's statement.
Monsanto's however went ahead and published their advert with the same picture and wording except for the added "No substantiated medical or scientific ......".
Mark Wells, the organic farmer, and founder member of Farmers Legal Action Group, South Africa who was the successful applicant in the previous incident, once more challenged the advert.
On 19 December 2007 Judge King of the ASA ruled that despite the amended wording not being exactly the same, the overall communication remains unchanged. A hypothetical reasonable person would interpret the claim to mean that tests were conducted in this regard and no negative reactions were found The Respondent, Monsanto, is therefore found guilty of breaching the previous ruling.
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|Monsanto tells a pack of lies to the Advertising Standards Authority |
Farmers' Legal Action Group-South Africa
Mark Wells, an organic farmer from Cintsa on the Wild Coast, South Africa, challenged the claim of a Monsanto advert that no negative reactions to Genetically Modified food have been reported. The false claim was made in the Monstanto advert which appeared in the widely read "You Magazine" on February 15th, 2007. Wells produced evidence to repudiate the claim.
An arbitration panel consisting of eight members was chaired by former High Court Judge Mervyn King SC whose cutting edge 'King Report on Corporate Governance' is hailed as the best practice corporate governance bible.
In view of the prima facie evidence produced by the complainant, the ASA opened the proceedings by stating that the matter before them for consideration was whether the advert was in breach of two sections of the Code of Practice:
Monsanto addressed the ASA at length and submitted inter alia that it had a strict code of conduct and that MON 863 was not their product.
The facts are that MON 863 is indeed a product of Monsanto and that Monsanto had suppressed the evidence of serious damage to the liver and kidneys of rats in their own GM maize trials until ordered to release this evidence by a German Court. Furthermore Monsanto had applied to the South African GM regulatory authority for a commodity release permit for MON 863.
Monsanto then argued that after the rats had contracted liver damage Monsanto contracted five 'independent' scientists to assess the data supplied by them and they concluded that MON 863 had no adverse effect as claimed by the complainant.
Monsanto then changed their tack in mid-stream and argued that rather than focus on the two conflicting studies the ASA should focus on the benefits of GM maize.
The substantiation section of the code provides that any advertiser must be able to substantiate any claim objectively with documentary evidence which emanates from an independent, credible and expert source acceptable to the ASA. The ASA then invoked this clause.
Monsanto's lawyers then pulled a letter out of the hat from Covance Laboratories in the USA which inter alia stated that they were not affiliated with Monsanto.
After applying their minds to the letter from Covance in the USA, Justice King ruled that the benefits of "GM-Corn" had nothing to do with the case in front of them. After having given Monsanto every opportunity to substantiate their claim they had failed to do so. The letter from Covenance made no mention of the issue which was before the ASA for consideration.
"The statement which the complainant alleges is false, to wit: 'This is one of the most extensively tested and controlled types of food, and no negative reactions have ever been reported.' goes beyond merely indicating safety. It expressly states that out of all the studies done in this field no negative effects have ever been reported."
Without reference to the fact that Monsanto had wasted the time of an eight member panel and come to the hearing with dirty hands, Monsanto was politely informed that their claim was unsubstantiated and in breach of the Code of Practice. The ASA further ruled that as the claim was unsubstantiated it was not necessary to consider whether it was misleading.
Monsanto was ordered to immediately withdraw their claim and given the standard polite warning, which applies to all advertisers, that in future they must make sure that they can substantiate any claims before they publish them.
In January, this year, Monsanto was fined 15,000 euros (19,000 dollars) in a French court for misleading the public about the environmental impact of herbicide Roundup.
A former chairman of Monsanto Agriculture France was found guilty of false advertising for presenting Roundup as biodegradable and claiming that it left the soil clean after use. Monsanto's French distributor Scotts France was also fined 15,000 euros.
In 2005 Monsanto was caught smuggling South African produced GM Bollgard cotton seed into Indonesia disguised as rice. Monsanto was fined for bribing Indonesian officials.
More recently in June this month, a second peer-reviewed case involving another variation of Monsanto's GM maize, namely, NK603, has been shown by studies to be potentially toxic to humans. NK 603 has been approved for food, feed, processing, and propagation in Europe and the Philippines The new research, carried out by the French scientific research institute CRIGEN, involves biotech firm Monsanto's NK603 GMO corn (marketed commercially under the name Round-up Ready) which was approved as food and feed in the country in 2003, and for propagation in 2005.
Rats that were fed GM maize showed significant differences in measurements, as well as significant weight differences compared to those fed with normal maize. Almost 70 statistically significant differences were observed and reported - 12 for hematology parameters, 18 for clinical chemistry parameters, nine for urine chemistry parameters, six for the organ weights (brain, heart, liver), 14 for body weights and body weight changes, and eight for food consumption. toxicity, The most alarming was the diminished brain size. Scientists warned that this was a danger warning for growing children.
Here is the unsubstantiated Monsanto's advert which had to be withdrawn after the judgment:
Is your food safe?
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