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[Note the unstated presupposition that causing harm to
consumers is the only possible objection against using BGH.
Issues like the humaneness of the treatment of the cows
nowhere appear.--DC]
Published on Tuesday, July 8, 2003 by the ****tland Press
Herald (Maine)
Oakhurst Sued by Monsanto Over Milk Advertising
by Matt Wickenheiser
Biotechnology giant Monsanto Co. has sued Oakhurst Dairy of
****tland, saying Oakhurst's claim that its milk doesn't
contain any artificial growth hormones is essentially
misleading.
Also See: Lawsuit Reflects Fight Over Altered Food Monsanto,
based in Missouri, claims there is no scientific proof that
the milk is any different from that produced by cows that
have been treated with the hormones.
"We believe Oakhurst labels deceive consumers; they're
marketing a perception that one milk product is safer or of
higher quality than other milk," said Jennifer Garrett,
director of technical services for Monsanto's dairy
business. "Numerous scientific and regulatory reviews
throughout the world demonstrate that that's unfounded. The
milk is the same, and the amount of protein, fats,
nutrients, etc., are all the same."
The suit, filed in U.S. District Court in Boston, demands
that Oakhurst stop advertising that it doesn't use milk from
hormone-treated cows. It also asks that the dairy stop
putting labels reading "Our Farmers' Pledge: No Artificial
Growth Hormones" on its milk jugs.
This is the first such suit in a decade filed by Monsanto.
But it's related to the global debate about genetically
engineered foods. Most of Europe has banned the im****t or
production of what opponents call "Frankenfoods."
Biotechnology researchers and cor****ations say that
scientific advances boost productivity to levels that could
help ease global hunger.
Although the Food and Drug Administration approved the
bovine growth hormone, or BGH, Canada and the European Union
have banned it. Some organizations and consumers who oppose
use of artificial growth hormones claim they are linked to
breast cancer and premature puberty in children.
Monsanto is the nation's largest producer of the
synthetically produced hormone, which enhances milk
production. Five years ago, Oakhurst began to make sure all
of its milk comes from farms that pledge in writing every
six months with a notarized affidavit that they won't use
the hormones on their herds, said Stanley T. Bennett II,
president of the dairy.
"Consumers have let us know since the advent of these
artificial growth hormones that they don't want to have to
worry about (them). If consumers tell us they don't want
anything added to the milk, or if they have a concern about
something, we're going to respond to them as a company,"
said Bennett.
"We have said from the beginning that we make no claims to
understand the science involved with artificial growth
hormones," he said. "We're in the business of marketing
milk, not Monsanto's drugs."
The labeling is a market distinguisher for Oakhurst, said
Bennett, and is so im****tant to the dairy that it pays a
premium of 20 cents on every 100 pounds of milk for the
notarized guarantee. That would amount to $500,000 in 2002,
when Oakhurst processed 250 million pounds of milk.
Lee Quarles, a spokesman for the Missouri company, said the
suit was filed because Monsanto believes Oakhurst's ads and
labels are deceptive and also disparaged Monsanto's products
with the inference that milk from untreated cows was better
than milk from hormone-treated cows. Oakhurst was also
stepping up its advertising and marketing efforts in recent
months, leading to the lawsuit, said Quarles.
"If in fact they are attempting to stop us from using our
labeling, I think it strikes me as very odd that somebody
could conceivably prohibit a company from telling people
what's not in their product," said Bennett. "On principle,
it's also a question of free speech. The world seems a
little bit discombobulated when somebody attempts to
prohibit you from trying to do the right thing."
According to Monsanto's Garrett, an independent market study
conducted in Massachusetts shopping malls showed that more
than two-thirds of the 300 people surveyed thought that milk
with the Oakhurst labels was healthier to drink than milk
without such labels. Sixty percent of those surveyed thought
Oakhurst milk was safer to drink, Garrett said.
Bennett said his small dairy, which employs 240 and had $85
million in sales last year, has been ignored by Monsanto
until recently. He speculated that the attention may come
because other, larger milk producers are considering taking
similar anti-hormone steps in their marketing campaigns.
In 2002, Monsanto had net sales of $4.7 billion, net losses
of $1.7 billion and working assets of $8.9 billion.
Quarles said Monsanto has not filed similar lawsuits against
other dairies, but wouldn't say whether more were planned.
Monsanto filed similar suits against two dairies in Illinois
about 10 years ago, said Quarles, and both were settled out
of court under confidential terms.
The suit against Oakhurst claims unfair competition, unfair
business practices and interference with advantageous
business relation****ps. According to the suit, the business
relation****ps between Monsanto and dairy producers who use
the artificial growth hormone have suffered because the
farmers will stop using the treatments. Garrett wouldn't say
whether any of Monsanto's customers have stopped the
treatments because of Oakhurst's marketing practices.
This isn't the first time Monsanto has had issues with dairy
product labeling in Maine. Earlier this year, Attorney
General Steven Rowe rejected a request by the company that
Maine abandon its Quality Trademark Seal program that
indicates when milk is free of artificial growth hormones.
Monsanto argued that the seal, adopted in 1994, misleads
consumers into thinking that hormone-free milk is superior
to milk using an artificial growth hormone. Both Oakhurst
and H.P. Hood dairies use the seal to promote their
products.
Industry experts suggested that although the seal has been
used for nearly 10 years by Oakhurst, Monsanto objected now
because other dairies are joining the program.
Attorneys arguing that the seal program be stopped said
Maine lacks an adequate system to monitor affidavits it
accepts from farmers who pledge not to use the artificial
hormone.
In addition, they said, the FDA has recommended that any
label that says the product is free of artificial hormones
should appear in the proper context with accompanying
information, such as "no significant difference has been
shown between milk derived from (hormone)-treated and
non-(hormone)-treated cows."
--
Dan Clore
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