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  1. #1
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    Jun 1999
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    Santa Fe, NM 87505, USA
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    http://groups.yahoo.com/group/aspartameNM/message/1228
    NM EIB votes 4-2 for 5-day aspartame toxicity hearing July, 2006,
    requesting a Hearing Officer and a medical expert from Environmental
    Dept. and legal advice from NM Attorney General: Murray 2005.10.04

    I was there at 9:00 AM -- a spacious, new, concrete state library 2
    miles west of the Plaza, off Cerrillos Road, in a 20X20 windowless
    room with about ten long movable tables and 60 padded chairs. About
    three dozen were there at the late start at 9:50 AM. Jim Terr made a
    video recording.

    Rep. Peter Wirth ( D ) sat in the back, as did Wendy Brown, The New
    Mexican, whose top of the page story was on Local News, page C-1.
    EIB member Dolores Herrera, who seemed sympathtic towards the petition
    on Sept. 6, was absent.
    The Board's legal counsel, Mary Smith of the Attorney General's civil
    division, did not speak today.

    About six citizens made public comments, 1-5 minutes each, in favor of
    the EIB's authority to take action about aspartame, and one citizen's
    testimony about a friend whose severe neuropathy was "80 per cent
    relieved 3 months after giving up heavy use of Diet Coke."

    I briefly presented the central fact that aspartame is 11% methanol
    (wood alcohol), which the body quickly largely turns into
    formaldehyde, so that 6 cans daily diet soda exceeds the EPA limit for
    formaldehyde in drinking water 18 times,
    and the limit in Maryland by 1800 times,
    according to a 468-page EPA formaldehyde review in 1999.

    Four states, CA, ME, NJ, and MD,
    have limits hugely more stringent than the federal EPA limit.

    Gay Dillingham, Chair NM Environmental Improvement Board
    Clifford Stroud, Vice Chair
    Members: Harold Tso, Dolores Herrera, Gregory Green, Soren Peters,
    and Ken Marsh

    At 10:19 AM, Steven Douglas Looney, Attorney at Law, Santa Fe,
    Sutin Law Firm 505-988-5521 sdl@sutinfirm.com , spoke for 13
    minutes, speaking earnestly, clearly, efficiently. My rough notes:

    Looney's Sept. 19 legal submission to the EIB,
    I'm here pro bono, to benefit New Mexicans,
    the NM Food Act gives the EIB the authority to hold hearings,
    a NM Supreme Court ruling in July supports this,
    basic fundamental due process of law, asking for the right to be
    heard, possibly a one-day hearing,
    due process means both sides get to be heard,
    EIB has charter to determine adulterated substances and
    protect the people of New Mexico,
    the FDA has never been expressly granted preemption over the states in
    food law,
    state amd local authorities have the power, acting in co-existence
    with federal agencies,
    the courts have the final say about existing law regarding preemption,
    states can choose to follow but not be limited to federal standards.

    At 10:44 AM, Anthony J. "TJ" Trujillo, Esq., Santa Fe, Gallagher and
    Kennedy, representing the Calorie Control Council, spoke for 12
    minutes:

    CCC represents many food firms and summarizes relevant science,
    the EIB had to use "discretion" in choosing to hear any petitions that
    impact state and federal law,
    the Stephen Fox petition was aimed at the wrong sections of the NM
    Food Act,
    which could lead to unfair enforcement against local businesses,
    NM law "expressly tied" the EIB to the federal FDA,
    Ajinomoto (major Japanese world aspartame firm) had also filed a brief
    that NM was bound by federal preemption in these matters.

    The EIB questioned both attorneys vigorously, debating questions, with
    brief comments by Stephen Fox, Don Trigg from the NM AG, and both
    lawyers:

    whether EIB had the experts or resources or could get them to
    investigate aspartame toxicity,
    a strong prima facie case of evidence had convinced EIB members
    that a hearing was necessary,
    whether a 1-day hearing was enough time,
    would the EIB only be able to issue a limited aspartame ban in
    restaurants,
    the original "legislative intents" in the NM Food Act,
    whether the EIB would have to consider other similar issues, such as
    fats,
    whether the CCC could cite peer-reviewed studies.

    Harold Tso stated bluntly that industry always presumed its own
    rightness,
    and that the FDA often had "at best, shady science,"
    and if New Mexico had no authority of its own in these matters,
    "We should just put President Bush in charge,"

    Ken Marsh: the dangers of aspartame not yet proved to us, and no one
    in the Environmental Department has the skills, but, nevertheless,
    everyone has the right to be heard.

    Soren Peters: two day hearing not a reasonable, sufficient duration.

    Stevan Looney: one week would be better, but one day is enough for
    our experts.

    11:10 AM Gregory Green: I don't trust FDA, they are very influenced by
    politics and money,
    5 day hearing is not enough,
    the NM Legislature should set up a real research study for the EIB,
    could ask NM Attorney General for a formal legal opinion, which takes
    months,
    there could be automatic lawsuits against EIB in this,
    I'm really concerned, there are a lot of issues.

    Gay Dillingham: only an outright ban would lead to a lawsuit,
    issue is about the due process to have a hearing,
    we can get a neutral experts,
    "This is in front of us."

    11:17 AM Clifford Stroud moves, and Harold Tso seconds,
    the EIB discusses, and by 11: 23 AM, votes 4 to 2 to pass the motion,
    with Ken Marsh and Gregory Green against, to wit:

    The EIB will hold a 5-day hearing on aspartame toxicity in July, 2006,
    and request a neutral Hearing Officer and a medical expert to provide
    expertise.

    I wasn't clear if the NM Attorney General would also be asked to
    provide a formal legal brief.

    This felt to "our side" like a major victory.

    Far from being ignored, deflected, ridiculed, dismissed, or dropped,
    the reality of aspartame toxicity has become a legitimate social
    issue, to be given a thorough examination in a five-day public hearing
    in 9 months.

    This will continue to appear in mainstream media,
    and many more citizens will review the copious information on the Net.

    Already, we have substantial support by citizens, legislators, medical
    experts, and media.

    Stephen Fox deserves credit for his persistent, effective leadership,
    which has resulted in the first broadly based political initiative
    anywhere on Earth.

    At the break, Gregory Green explained to a few of us that his negative
    vote was because he wasn't sure the specific motion was the best
    course of action, but that, as "a '60's liberal", he was very
    aware of the need for effective action on this issue.

    The EIB members can no longer accept private communications in this
    matter, now that a formal hearing is scheduled. Contact:
    Barbara Claire barbara.claire@state.nm.us
    Administrator, Boards & Commissions
    New Mexico Environment Dept. 1190 St. Francis Dr. N2150
    Santa Fe, NM 87502 (505) 827-2425 Fax: 827-2836

    To receive electronic notification of Board Meetings and Agendas for:
    *ENVIRONMENTAL IMPROVEMENT BOARD www.nmenv.state.nm.us/eib
    ************************************************** *************

    http://www.freenewmexican.com/news/33247.html

    12:33 pm: Hearing on aspartame ban to be held in July

    By Wendy Brown The New Mexican October 4, 2005
    The state Environmental Improvement Board plans to hold a five-day hearing
    in July to determine whether to ban the sugar substitute aspartame.

    The board made the decision Tuesday after a hearing in which lawyers
    for Stephen Fox, a Santa Fe gallery owner
    who believes aspartame is poisonous and should be banned,
    and the Calorie Control Council, an industry trade group,
    duked it out over whether the board has the authority to hold a hearing
    on banning the substance.

    Before making a motion to grant the hearing,
    Cliff Stroud, the board's vice chairman, said he believes that if the
    board does not have the authority to listen to people about concerns
    with the food supply, then the system is broken.

    Board members Stroud, Gay Dillingham, Harold Tso and Soren Peters
    voted in favor of holding the hearing, while Greg Green and Ken Marsh
    voted against the proposal.
    Board member Dolores Herrera was not present at the meeting.

    Look for full details in tomorrow's The New Mexican.


    http://www.freenewmexican.com/news/33228.html

    Board to weigh debate on sweetener
    ( 25 comments; last comment posted Today 09:15 pm )
    By Wendy Brown The New Mexican October 4, 2005

    Santa Fe gallery owner Stephen Fox has asked the state
    Environmental Improvement Board to find that the sugar-substitute
    aspartame is poisonous and should be banned in New Mexico.
    But first the board must decide whether it has the authority to make
    such a ruling.

    The board plans to undertake that decision today,
    when board members will hear 30 minutes of legal arguments between
    Stevan Douglas Looney, an Albuquerque lawyer representing Fox,
    and Anthony J. Trujillo, a Santa Fe lawyer representing the Calorie Control Council, a trade organization for the low-calorie and
    reduced-fat food industry.

    Today's hearing will not address the validity of arguments for or
    against banning the popular sweetener,
    which can be found in roughly 6,000 products and is sold under the
    brand names of NutraSweet and Equal.
    It will only address whether the board has the authority to hold
    another hearing about banning the substance.

    Looney said his client only wants a chance to be heard.
    "That's all we're asking for," Looney said.
    "It's a very fundamental due-process right -- the right to be heard.
    I'm surprised that anyone would argue against it."

    Looney said the state Environmental Improvement Act and the state Food
    Act are the documents that give the board the legal authority to ban
    aspartame.

    Both Acts give the EIB responsibility to protect consumers
    and make rules regarding food protection, he said.

    Trujillo, however, said the state Acts are limited in focus
    and can't override federal law.
    The U.S. Food and Drug Administration approved aspartame
    for all food and drink products in 1981.

    Opponents say research has linked aspartame
    to brain tumors, lymphoma, leukemia, seizures, allergic reactions,
    headaches and dizziness.

    State law allows the board to make food regulations,
    Trujillo said in his written brief, but only if they are consistent
    with federal law.

    "The New Mexico Food Act is intended to enforce federal law,
    not depart from it," he said.

    Also, if the board decided to hold a hearing on whether to ban
    aspartame, the board would have to sift through hundreds of scientific
    studies about the subject, Trujillo wrote.

    "As a matter of policy, the EIB should consider whether it should
    undertake such a task, and, moreover, open the door to consideration
    of the myriad other substances added to food over which there may be
    some controversy." Trujillo wrote.

    In all, 18 people submitted written legal arguments to the board.

    Dr. C. Grant LaFarge of Santa Fe wrote a letter asking the board
    to hold a hearing on whether to ban aspartame,
    as did Santa Fe lawyer Bruce Garber.

    The board also received written arguments in favor of holding a
    hearing and banning aspartame from as far away as Washington, D.C.,
    West Palm Beach, Fla., and London.

    In addition, New Mexico state Reps. Harriet Ruiz, (D)Albuquerque
    and Peter Wirth,(D) Santa Fe, as well as state Sen. Rod Adair,
    (R)Roswell, wrote the board letters in favor of holding a hearing on
    aspartame.

    Martin J. Hahn, a lawyer with the Hogan & Hartson law firm of
    Washington, D.C., however,
    submitted a legal brief recommending that the board drop the matter.

    Hahn, who represents the aspartame manufacturer Ajinomoto USA Inc.,
    said if the board does ban the sweetener,
    courts would likely overturn it on U.S. constitutional grounds.

    Aspartame is found in so many products that a ban only in New Mexico
    would unduly burden interstate commerce and wreak havoc on the U.S.
    food-and-beverage industry, Hahn said in his brief.

    "If states were allowed to ban food additives at their discretion,
    the likely result would be an absurd patchwork of inconsistent state
    laws causing thousands of popular food products to be banned in some
    states and legal in others." Hahn wrote.

    Parties interested in the subject submitted written opinions in
    September, but the board's legal counsel, Mary Smith of the Attorney
    General's civil division, did not weigh in on the matter.

    Sam Thompson, spokeswoman for the AG's office,
    said Smith plans to attend the hearing and will give the board her
    opinion at that time.

    Contact Wendy Brown at 986-3072 or wbrown@sfnewmexican.com

    (October 4 2005 Tuesday: ( 25 comments; last comment posted Today
    09:15 pm )

    Comment on this story

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    ************************************************** ****************

    Rich Murray, MA Room For All rmforall@comcast.net 505-501-2298
    1943 Otowi Road Santa Fe, New Mexico 87505 USA
    http://groups.yahoo.com/group/aspartameNM/messages
    group with 149 members, 1,229 posts in a public, searchable archive
    http://RoomForAll.blogspot.com http://AspartameNM.blogspot.com

    Dark wines and liquors, as well as aspartame, provide similar levels
    of methanol, above 100 mg daily, for long-term heavy users. Methanol
    is inevitably largely turned into formaldehyde, and thence largely
    into formic acid. It is the major cause of the dreaded symtoms of
    "next morning" hangover.

    Fully 11% of aspartame is methanol --
    1,120 mg aspartame in 2 L diet soda, almost six 12-oz cans,
    gives 123 mg methanol (wood alcohol).
    If 30% ofthe methanol is turned into formaldehyde,
    the amount of formaldehyde, 37 mg, is 18.5 times the USA EPA limit
    for daily formaldehyde in drinking water,
    2.0 mg in 2 L average daily drinking water, and,
    185 times the New Jersey limit,
    615 times the California and Maine limits,
    1850 times the Maryland limit.

    The 1999 July EPA 468-page formaldehyde profile admits that four
    states substantially exceed the federal EPA limit:

    Environmental Protection Agency 2.00 mg in 2 L daily drinking water
    California and Maine----------- 0.06 mg
    Maryland----------------------- 0.02 mg
    New Jersey--------------------- 0.20 mg

    http://groups.yahoo.com/group/aspartameNM/message/1108
    faults in 1999 July EPA 468-page formaldehyde profile:
    Elzbieta Skrzydlewska PhD, Assc. Prof., Medical U. of Bialystok,
    Poland, abstracts -- ethanol, methanol, formaldehyde, formic acid,
    acetaldehyde, lipid peroxidation, green tea, aging: Murray 2004.08.08
    2005.07.11

    http://groups.yahoo.com/group/aspartameNM/message/835
    ATSDR: EPA limit 1 ppm formaldehyde in drnking water July 1999:
    Murray 2002.05.30 rmforall

    However, famous Americans who drink a dozen cans daily of diet sodas
    for years include John Edwards, vice-presidential candidate, Joe
    Trippi, Howard Dean's campaign manager, and Harvey Weinstein, movie
    producer.

    Both President George W. Bush and Governer Bill Richardson of New
    Mexico are users.

    http://groups.yahoo.com/group/aspartameNM/message/1228
    NM EIB votes 4-2 for 5-day aspartame toxicity hearing July, 2006,
    requesting a Hearing Officer and a medical expert from Environmental
    Dept. and legal advice from NM Attorney General: Murray 2005.10.04

    http://groups.yahoo.com/group/aspartameNM/message/1227
    New Mexico EIB should use its authority to ban aspartame, a methanol
    (formaldehyde) source, Gail Chasey Beam, NM CPAC:
    California, Maine, Maryland, New Jersey set stronger limits than the
    EPA, 468-page 1999 EPA formaldehyde profile, Murray 2005.10.02

    http://groups.yahoo.com/group/aspartameNM/message/1223
    complete info on NM EIB aspartame ban meeting, Oct. 4, Santa Fe,
    Leland Lehrman, www.MotherMedia.org: Murray 2005.09.30

    http://groups.yahoo.com/group/aspartameNM/message/1225
    Aspartame -- the shocking story, Pat Thomas, The Ecologist, 2005
    Sept., p. 35-51, full text: Murray 2005.09.30

    http://groups.yahoo.com/group/aspartameNM/message/1224
    Aspartame disease: an FDA-approved epidemic, H. J. Roberts, MD 2004:
    Murray 2005.09.30

    http://groups.yahoo.com/group/aspartameNM/message/1226
    USA National Institutes of Health National Toxicology Program aids
    eminent Ramazzini Foundation, Bologna, Italy, in more results on
    cancers in rats from lifetime low levels of aspartame (methanol,
    formaldehyde), Felicity Lawrence, www.guardian.co.uk: Murray
    2005.09.30
    ************************************************** ****************
    Send blank post to: <br />aspartameNM-subscribe@onelist.com to join<br />free,open, list with searchable archives for toxicity issues.<br />Richard \"Rich\" T. Murray Room For All 1943 Otowi Road Santa Fe, NM 87505<br />rmforall@comcast.net 505-501-2298

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