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History and origin of benzene in soft drinks, Ross E. Getman, Esq,   Message List  
Reply | Forward Message #1309 of 1590 |
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http://groups.yahoo.com/group/aspartameNM/message/1309
History and origin of benzene in soft drinks, Ross E. Getman, Esq,
Wash DC and NY State Bars, http://argentina.indymedia.org:
Murray 2006.03.01

http://argentina.indymedia.org/news/2006/03/378920.php

versión para imprimir - envía este articulo por e-mail
http://argentina.indymedia.org/print.php?id=378920 printable version

History and Origin of Benzene in Soft Drinks
Por Ross -- Wednesday, Mar. 01, 2006 at 10:51 PM
ross_getman@...
[ ross.getman@... 315-492-8306 ]


Before you sit down and enjoy that QuaTro Light (pomelo),
read "Soft drinks found to have high levels of cancer chemical"
The Times March 02, 2006
http://www.timesonline.co.uk/article/0,,2-2065539,00.html

Better yet, read the History and Origin of Benzene in Soft Drinks.

According to Beverage Daily.com,
"[a] chemist at the Food And Drug Administration (FDA)
said testing in recent weeks had revealed some soft drinks
contaminated with benzene at levels above the legal limit for water
set by the US and Europe."
(Chris Mercer, "FDA re-opens probe into benzene contamination
of soft drinks," Beverage Daily, Feb. 15, 2006)

The story explains:

"The FDA was originally alerted in 1990 to the problem of benzene
in soft drinks triggered by the preservative sodium benzoate.
It never made the findings public, but came to an arrangement with
the US soft drinks association that the industry would 'get the word out.'
But in recent months, internal documents and private tests have begun
to surface ..."
See also Chris Mercer,
"UK, Germany checking soft drinks for benzene,"
Beverage Daily.com, Feb. 20, 2006

The 1990 global recall of Perrier due to benzene contamination
is still the subject of commentary on the importance of candor with
consumers on issues that affect their health -- such as whether the
product contains an established carcinogen.

A letter from the Food and Drug Administration
("FDA") to Perrier dated February 23, 1990 explained:
"[A]n acute risk from consumption of the benzene contaminated
[Perrier] water does not exist," [but] chronic exposure over a lifetime
would pose an increase in the risk of cancer."

Letter from FDA to Perrier dated February 23, 1990, at 1.
(Errol Kiong, "Cancer fears over fizzy drinks,"
New Zealand Herald, February 24, 2006)

Internal soda company documents provided by a whistleblower that
I have uploaded show that in late 1990 it was known that the benzene
being discovered in some soft drinks was not due to contaminated
carbon dioxide, as had been the case with Perrier. It was due to the
breakdown of benzoate in the presence of ascorbic acid.

Heat and light greatly increased the effect. Levels, by far, were highest
in diet drinks and drinks high in Vitamin C. Benzene can occur when a
carbon dioxide vendor supplies contaminated carbon dioxide.
(That is why it is critically important to only ever use beverage grade
carbon dioxide in both bottled and fountain drinks). Benzene, however,
also can form from the mere interaction of the common ingredients
the soda company chooses to use.

On January 12, 2006, the FDA produced the two FDA memos from
1990/1991 about benzene in soft drinks pursuant to my request under
the Freedom of Information Act. The representatives of the National
Soft Drinks Association told the FDA at the time that they wanted to
avoid any publicity on the issue.

(The NSDA is now known as American Beverage Association and is
the trade association that ironically emphasizes a consumer's right
to an informed choice)

There were massive recalls of both Coca-Cola and Pepsi products due
to benzene contamination in June 1998. There were even more massive
and controversial recalls of Coca-Cola in Europe due to benzene
contamination in June 1999.

Even at that time of the 1998 and 1999 recalls, however, the big soda
companies did not disclose to consumers the nature of the underlying
benzene problem.
"Coke's contamination story 'highly unlikely,'"
BBC News, August 17, 1999;
"Leading soft drinks withdrawn," BBC News, June 1, 1998;
"A Big Fizzle for Coca-Cola," TIME, July 8, 1999;
Pouthier, "Outbreak of Coca-Cola-related illness in Belgium:
a true association," Lancet, 21 August 1999, pp. 681-682

Rather than explaining that it partly was due to the interaction of the
ingredients they choose to use -- and that heat and light had a dramatic
effect -- they attributed all of the benzene to third-party sources.

An analytical chemist, Dr. Alan Rowley, on behalf of Britvic
(which distributes Pepsi products in the UK) testified in early 2001
in a claim for damages against the suppliers of carbon dioxide
contaminated with the carcinogen benzene. He described that there
is an alternative common source of benzene formation in some
soft drinks. He explained that the use of benzoate and ascorbic acid
can typically result in a benzene content in the finished product
of up to 3 ppb.
Britvic Soft Drinks Ltd. and Bass Brewers Ltd. v.
Messer UK Ltd. and Terra Nitrogen (UK) Ltd., [2002]

Under EU regulations, the standard for benzene in drinking water is
now 1 ppb. Quality of Water Intended for Human Consumption.
Thus there is an important issue that needs to be addressed even
under the sworn testimony of Pepsi's own expert.

Actually, however, internal documents show that the industry knew that
sometimes there were levels such as 25 ppb "off the shelf" and 82 ppb
after exposure to heat and light. In Cadbury testing in 1990, Pepsi's Diet
Slice measured at 1 ppb "off the shelf" and 41.5 after exposure to heat
and light in a weatherometer. This problem of the tendency of benzene
to form would be greatest in the hot climates of developing countries --
precisely where the soda companies soda sales are increasing.

A Court in India last year explained in the context of pesticides in
Coca-Cola and Pepsi, The High Court of Judicature for Rajastan and
others (2004.10.20) (Soft drink pesticide labeling case) that
Coke and Pepsi must disclose the presence
of a chemical contaminant in its drinks:

"the sale of the product should not be allowed without disclosing the
composition of the product and the presence, if any, of insecticide,
pesticide and chemicals. It was submitted that in case such a disclosure
is made, there would be panic in the market
and the business will dwindle. ... It is not difficult to imagine why the
respondent companies want to keep the question of the presence of
pesticides in carbonated beverages and soft drinks under wraps.
... Such secrecy cannot be legitimately allowed and the veil of secrecy
must be lifted for public knowledge and information in the public
interest, so that they can make an informed choice."

Coca-Cola, for example, to its credit acted promptly in 2004 in
disclosing the presence of the carcinogen bromate in Dasani in the
UK and recalling the product.

The FDA has agreed to my request that it conduct a preliminary survey
of benzene in soft drinks in the US. The problem is largely controlled
in the US by the industry's use of the chelating agent
calcium disodium EDTA which was added after the benzene problem
was discovered.
The FDA, however, advises me that calcium disodium EDTA
is not approved for use in noncarbonated soft drinks
and that a formal rulemaking will be required.
(The supplier, Dow, reports that it was originally [not] approved
for metal cans because of the risk of degradation of the metal can.)
The Food Standards Agency in Great Britain has confirmed that
calcium disodium EDTA is not approved for beverages at all.
The Food Standards Agency confirms by email that
"Calcium disodium ethylene diamine tetra-acetate
Calcium disodium EDTA) (E385) is controlled by Annex IV
of The European Parliament and Council Directive 95/2/EC
and is permitted in various foods.
However, it is not permitted to be used in soft drinks."

In earlier testing published in the early 1990s in a journal
for analytical chemists, the FDA researchers inexplicably adopted
a protocol that not only did not simulate shelf life,
but carefully kept all the samples refrigerated -- thus failing to address
the central issue of the effect of heat and light at all.
The problem of the effect of heat and light and its role in benzene
formation was never disclosed to consumers, and regulators from
around the world have told me they were unaware of it.

It is reminiscent of the FDA's approval of aspartame.
The NSDA objected on the grounds that with heat, aspartame
broke down and produced a dangerous chemical.
The FDA dismissed the objections, arguing that greater care
could be taken in the shipping and storage to avoid heat.

The EU standard is now 1 ppb. Given that Pepsi's witness in 2001
testified under oath that 3 ppb is not uncommon, sodium benzoate
should not be used with ascorbic acid (or real juice or citric acid).
Belatedly, the companies should not be selling the product without
disclosing to consumers this tendency of benzene to form
or else consumers are not in a position to make an informed choice.
Selling the product without disclosure of the carcinogen is unfair and
deceptive under state consumer laws. Coca-Cola's print ad campaign
(e.g., Wall Street Journal, TIME, Boston Globe) heralding its
commitment to informed choice is ironic given its opposition to a
Court in India to disclose the levels of pesticide found in its drinks
in India. Actions, as they say, speak louder than words.

Instead of disclosing the nature of the benzene problem to consumers,
the industry focused on maintaining their political influence.
Lobbyist Jack Abramoff will serve up to 10 years, pleading guilty
to breaking federal lobbying laws and conspiring to bribe lawmakers
and congressional aides with campaign contributions, meals,
trips and sports tickets. In his plea, Abramoff detailed the perks
he provided Bob Ney and his staff in exchange for political favors --
a golf trip to Scotland, the Super Bowl bash in Tampa,
the free meals and the sports stadium box seats.

It was Bob Ney (R-Ohio) who issued a press release
against threatened school soda litigation
(although not even Ney objected where the law has been broken).
Coca-Cola Enterprises in particular has maintained its
political influence through a widespread pattern of gratuities that,
among other things, has served to use a "pouring rights"
scheme to circumvent the requirements of competitive bidding
in our public schools and to keep soda promoted
to a captive audience of kids during the school day.

"Ban soda, potato chips and other unhealthy snacks
from American schools, and discourage them in the workplace.
It's unforgivable that our schools help to send
children on the road to diabetes."
Nicholas Kristof urged in "Take a Hike,"
New York Times, Jan. 31, 2006.

Countries that have gone soda free all-grades or pledged to do so
include England, France , Scotland and Fiji.
States include California, New Jersey, Maine and Nevada.
There is bipartisan support for a K-12 ban in Connecticut.
In Massachusetts, the House will vote (H. 4452) on whether to ban
the sale of soda and junk food in Massachusetts schools (K-12) soon.
In Indiana, the Senate overwhelmingly passed a tepid measure but
even that is tied up in committee upon industry lobbying.
75% of those polled in Indiana favor an outright K-12 ban
of junk food and soda.
K-12 bans are now also pending, for example,
in New York and Idaho.
A bill was previously overwhelmingly passed by the NY Assembly
but Coca-Cola saw to it that it never got to the Senate for a vote.

Districts that have gone soda-free K-12 include
NYC, LA, Chicago, Miami-Dade, Philly, Pittsburgh, Scranton,
Las Vegas, San Francisco, Boston, DC, Seattle, Austin, Baltimore,
Albuquerque, Flagstaff, Buffalo, Binghamton, Fresno, Oakland,
Montreal, Quebec City, Sioux Falls, Des Moines, and many others.
Just recently, it appears that St. Paul and Wake County (Raleigh, NC)
will also be rid of soda during the school day.

The soda industry should make lemonade out of real lemons and
voluntarily pull all sodas out of public schools throughout the world --
both regular and diet.
See Fall 2005 US Roper poll (79% opposed to school vending)

Indeed, the tendency of benzene to form is greatest in diet drinks.
Separately, companies and regulatory authorities worldwide should
conduct testing and monitoring of the relevant products for benzene
and undisclosed calcium disodium EDTA or other chelating agents.
("Coca-Cola To Undertake Fresh Testing,"
Newswire.co.nz , Feb. 22, 2006)

In "Benzene scare has soft drinks makers in a fizz,"
Independent (UK), Feb. 18, 2006,
it was reported that "A Britvic spokesman was also confident its
products would not be affected:
'As every production line comes off, we take samples and test,
so we're sure that it's safe.'"
Given, however, that the process is shelf-life dependent -- and
greatly affected by heat and light -- what is needed is transparent,
independent testing of products that have been on the shelf for a while.
Even more importantly, exposure to heat and sunlight must be tested.
These refreshments are commonly bought to the beach
or stored unrefrigerated or in the light.

It was in September, 2005 that Dr. Glen Lawrence, who was
science advisor to the FDA's New York labs in 1990 and 1991,
advised me that he was shocked to see that there are drinks that
still contain the ascorbic acid-benzoate combination
that is known in the industry to lead to benzene formation.
The Professor had published a lucid explanation of the chemical
nteraction involved in a peer reviewed journal.
"Benzene Production from Decarboxylation of Benzoic Acid
in the Presence of Ascorbic Acid and a Transition-Metal Catalyst."
Journal of Agricultural and Food Chemistry (May 1993).
[
http://pubs.acs.org/cgi-bin/abstract.cgi/jafcau/1993/41/i05/f-pdf/f_jf00029a001.\
pdf?sessid=6006l3

LK Gardner, GD Lawrence, Vol. 41, No. 5
Short Communications:
"The present study shows that hydroxyl radical,
generated by the metal-catalyzed reduction of 02 and H202
by ascorbic acid, can attack benzoic acid to produce benzene
under conditions prevalent in many foods and beverages.
Since benzene has been shown to be carcinogenic
(Maltoni and Scarnato, 1979),
its potential formation in foods during processing and storage
should be of some concern."
http://myweb.brooklyn.liu.edu/lawrence/gl/lawrence.htm
Glen D. Lawrence, Professor Biochemistry and Bioinorganic Chemistry
Department of Chemistry and Biochemistry
Long Island University
1 University Plaza Brooklyn, NY 11201
718-488-1452 Fax: 718-488-1465 lawrence@... ]
Dr. Lawrence noted that benzene is associated with leukemia
as a carcinogen, and it can take many years
before the leukemia develops.
About 30 percent of cancers in children ages 0-14 years are leukemia.
He explained that school children exposed to benzene in drinks may
not develop leukemia until they are in their 20s.

I had been given internal soda companies [documents]
about the formation of benzene in soft drinks by an industry
whistleblower who had been part of a secret research project.
I knew that the situation was much more serious
than even Dr. Lawrence realized.
The problem is especially dire in low-sugar drinks, in warm climates
or where the technical fix to avoid the formation of benzene
in soft drinks is not being used.
See generally
"Outbreak of Coca-Cola-related illness in Belgium:
a true association," Lancet Volume 354, Issue 9179,
21 August 1999, Pages 681-682

Perrier's carbonated bottled water was recalled for benzene
from contaminated carbon dioxide in 1990.
Some non-carbonated fruit-flavored water (McKesson) and
(Koala Springs) was recalled later in the year.
The recall of the noncarbonated product was due to the
breakdown of the artificial preservative benzoate
(and there were a number of regional recalls that year
involving bottled waters).
In testing, the FDA was also finding benzene, for example,
in orange soda.
The soda pop contaminated with benzene in 1990
escaped the public's notice.
But it most definitely was known by company officials
by December 1990.
The companies commenced frantic, secret research projects.
Coca-Cola, Pepsi, and Cadbury did not recall any products
that tested above the limits accepted for water supplies.
At Cadbury, the research project was known as Project Denver.
While Perrier had been recalled globally
at 11-18 parts per billion (ppb),
Diet Orange Crush, for example, tested at 25 ppb
before exposure to heat and 82 after exposure.
(RSSL, a global leader in analytical testing serving food companies,
did the testing)

Under European regulations the standard for benzene in drinking water
is now 1 ppb. The regulators in Europe I've contacted are not even
aware of the tendency of benzene to form from the mere combination
of certain ingredients.

Many schoolchildren got sick after drinking soft drinks
in 1998 and 1999 after the carcinogen benzene was found in many of
its products.
There were massive recalls in Belgium, UK and France
followed by explanations deemed unconvincing by investigators.
At the time, Coca-Cola official Neville Isdell said:
"The extraordinary effects of the crisis are something which will take
six months and may be even nine months to work through the system."
Financial Times, September 2, 1999 "A Big Fizzle for Coca-Cola,"
TIME, July 8, 1999

Coca-Cola's CEO pointed to phenol (a derivative of benzene)
as due to fungicide on some wooden pallets in France.
Similarly, in Israel, the year before, a company spokesman pointed
to paint thinner absorbed from products in various stores in Israel.
(In Bloomberg at the time, it was reported that it was benzene
that was found).
There must never be a repeat of that experience or tolerance
of the industry's failure to fully disclose the nature of the underlying
benzene problem. Only then [can] other competing explanations
be fairly judged like contaminated carbon dioxide, fungicide on
pallets, gear lubricants, cleaning solvents, paint thinner in stores etc.

Pepsi's experience in the US is illustrative of the need for testing.
For example, in 1996, Pepsi recalled approximately 30,000 cases
in bottles and cans, to include Welch's sparkling grape soda,
due to an off odor and taste.
In 1997, PepsiCo South recalled 137,000 cases
(all sizes and package types) of a wide variety of drinks --
mainly diet drinks and citrus flavors -- due to an off odor and taste.
In 2002, a recall of 7200 cases of Mountain Dew was suggested
as possibly due to contamination from equipment cleaning fluid.
Not to be outdone, in 1997, Coca-Cola recalled 300,000 bottles
and cans due to a off odor and flavor.
Often a recall is attributed to a gear lubricant, such as recalls
by Coca-Cola bottling companies in the US
in 1990, 1992 and 1994
or a recall in Australia in 2002.
Benzene is a common ingredient in non-food grade lubricants.
According to a 2004 Shell Oil comment at the FDA continued
to be widely used in the beverage industry.
So one question that arises is: was the determination
that the contamination due to a gear lubricant in many of the cases
just based on testing that showed benzene?

When sued in 2001 by someone who drank a soda laden with
lubricant in 2001, Coca-Cola declined to list the ingredients
of the lubricant or describe how it got there.
Thus, even where a particular incident has nothing to do with the
benzene formation at issue, candor with consumers as to the causes
of contamination is not a trademark.
When a consumer complains that a soft drink
has an off odor and taste, someone out in the field
who may not have been in a food factory for years,
may then go to try to pinpoint the problem.
The inspector has been trained by the FDA in diplomacy in dealing
with managers who don't even want to hear the word "recall".
Faced with only an off odor and taste,
they are left to the good intentions of the company.
Testing for benzene should be done not only upon complaint,
but routinely as is done in the case
of municipal drinking water and bottled water.

France has banned all vending in schools.
England just announced it will go soda free all grades.
Public schools in Australia, India, Scotland and Wales l
ikely will soon go soda-free.
In the US, Schwarzenegger signed a law that will make California
schools soda free (and Massachusetts and Arizona are likely next).
Maine and New Jersey took decisive administrative action
with less fanfare.
From an insider's perspective, however, diabetes, obesity,
osteoporosis, dental decay, caffeine addiction,
and behavioral problems are just some of the health problems
raised by the consumption of soda
by a captive audience of children at school.

Nutritionist Ruth Kava, PhD RD,
who works for the industry-funded
American Council on Science and Health (ACHS), explains:
"If you consume something that's a big hazard, such as benzene,
but have small exposure, say 1 part per billion of benzene
in your food every three months, there's not a very big risk."

(The ACHS Executive Director, an MD, Gilbert Ross,
has actively opposed soda bans at school
after ACHS took funds from the soda industry.)

The ACHS head Elizabeth Whelan dismissed the vomiting and
nausea of dozens of schoolchildren at the time as due to hysteria.
But isn't the level set for water a reasonable standard
for determining whether there should be a trade recall
as the soda industry and large retailers have previously claimed?

Under EU regs the standard for benzene in drinking water
is now 1 ppb. Quality of Water Intended for Human Consumption.
That doesn't leave much wiggle room.

In the US, if there are 5 ppb benzene detected in a water supply,
radio and newsapers have to be notified.
(EPA Consumer Factsheet on: BENZENE.)
That level is not merely not "fit for its intended purpose"
under the product liability laws.
Upon drinking over a prolonged period of time,
that can be cancer in a can.
The cause addressed by Project Denver,
rather than contaminated carbon dioxide,
was due mainly to the interaction of sodium benzoate
and ascorbic acid and was greatest when the product
was exposed to heat or ultraviolet light.
But hundreds of pages of Project Denver documents,
to include testing of competitor products -- to the extent
they have not been destroyed -- can speak for themselves.
ABA now reports that it didn't think to keep the documents.
Surprise, surprise.

Calcium disodium EDTA
(Calcium disodium ethylenediaminetetraacetate)
is one technical fix that is intended to avoid the problem.
Under the Code of Federal Regulations,
it is permitted for canned carbonated drinks;
Dow, the manufacturer, advises that its approval
was related to the concern for degradation of the metal can.
There are other possible fixes.
Why are there so many products worldwide
with no technical fix apparent from the ingredients?
Is it because calcium disodium EDTA is not deemed safe
and not permitted in drinks in EU and Australia?
(Studies report that it traps essential minerals
and causes them to be excreted out in the urine).
Under European regulations the standard for benzene
in drinking water is now
1 ppb under the Quality of Water Intended for Human Consumption.

Worldwide, outside of the US and Europe,
the WHO recommended guideline level of 10 ppb in drinking water
is useful in assessing what maximum level
might be acceptable for soft drinks.
In a separate development,
the WHO recently announced it would not
be accepting the participation of Coca-Cola and Pepsi-funded
scientists (through a group called Life Sciences)
in determining the levels of water contaminants.

Legislators should rid schools of soda.
But if it is allowed, state legislators should require testing for
benzene given the number of instances of schoolchildren getting sick.
Water supplies are regularly tested and bottled water in the US
is subject to regulations relating to permissible benzene levels.
If soda is being urged by soda companies and some school
administrators and legislators as a substitute for water,
then soft drinks should be tested also.
If in the United States the American Beverage Association ("ABA")
President Susan Neely truly wants to be "proactive,"
then the ABA should support regular, transparent and independent
testing such as is done for tap water and bottled water.

Given Coca-Cola and Pepsi have actively opposed disclosing
the levels of pesticides in their drinks in India, the companies
cannot be relied upon to ensure that no product
above the safety guidelines is sold.
(Similarly, only beverage grade carbon dioxide should be used
in dispensing fountain retail drinks, as for food grade carbon dioxide
benzene is not screened or measured).
We should hold our beverage companies who provide the beverages
for profit to the same safety standard
as our ground water and drinking water.

Regulators around the world: Priority in government testing
by agencies such as the Food Standards Agency
and the local authorities there in the UK should be given
to diet drinks with benzoate and ascorbic acid
but not any of the technical fixes.
Chris Mercer, "UK, Germany checking soft drinks for benzene,"
Beverage Daily.com, Feb. 20, 2006 ;
Kent Atkinson, "Soft drinks in cancer-causing scare,"
Stuff.co, Feb. 22, 2006;
Authority's soft drinks response is limp," Scoop (NZ), Feb. 22, 2006

As explained in the internal memorandum written by the Cadbury
Vice-President at the time, the effect was greatest in diet drinks.

This likely would have been because of the absence of the insulating
effect of the sugar.
The beverage with the greatest risk would contain the combinations
as follows: (1) diet or reduced sugar, (2) benzoate,
(3) ascorbic acid or its sister erythorbic acid, (4) juice,
and (5) citrus or cherry flavor.
The strategy that should be taken in each country will vary
with the products.
For example, the analysis in testing in the United Kingdom might start
with a list of soft drinks
containing sodium benzoate or potassium benzoate.
Then testing generally could be limited to those that contain ascorbic
acid (especially, for example, citrus flavors) that do not have any
apparent technical fix.
(A list of drinks with sodium benzoate (E211) is contained
in the list of products collected this past year
by the Food Standards Agency in connection with its survey
of the preservatives benzoate and sorbate;
that list indicates the country of origin and manufacturer,
and whether sorbate is used in addition to benzoate.)
It is also important to test for undisclosed calcium disodium EDTA
and ensure that any use of calcium disodium EDTA is approved
as safe for the use. (By analogy, in the recent UK survey
of benzoates and sorbates, four instances of undisclosed sorbate
was detected in soft drinks and were addressed by the manufacturer).

In "Benzene scare has soft drinks makers in a fizz,"
the Independent (UK) reported February 18, 2006:

"Sodium benzoate is widely used in the drinks sector.
In the UK it is used in Britvic brands
including Britvic 55 apple and orange flavours,
Pennine Spring flavoured waters and Shandy Bass.
The additive is also found in Robinsons Fruit Shoot,
but, before the FDA probe, the company had decided
to stop using it. From 3 April, the drink will be made without it."

Chris Mercer in
"FDA re-opens probe into benzene contamination of soft drinks,"
Beverage Daily, Feb. 15, 2006, summarizes:

"The hydroxyl radical attacks the benzoic acid,
removing the carbon dioxide from it and leaving benzene in its wake.
Lawrence's study said this reaction could take place
'under conditions prevalent in many foods and beverages'.

Lawrence said:
'There is no good reason to add ascorbic acid (vitamin C)
to soft drinks, and those that may have ascorbic acid
naturally in them (juices) should not use sodium benzoate
as a preservative. So it is really very easy to avoid the problem.' "

Dr. Michael E. Knowles from Coca-Cola,
Director Scientific & Regulatory Affairs
was head of the UK Fisheries and Food's Food Science Division
from 1986 to 1989.
From 1989-1991, Dr. Knowles was Chief Scientist
(Fisheries and Food) and Head of the Food Science Group.
After the 1990 benzene crisis involving Perrier
(and the separate problem was discovered concerning soft drinks),
he was hired by Coca-Cola in 1991.
He likely would know both what was disclosed
to the regulatory authorities and what was known by Coca-Cola.

At Pepsi, Louis Imbrogno is a key senior technical executive
who was with the company in 1990 and is still there.
He might be able to shed light on the testing results
shared with regulatory authorities.

Mike Redman, who represented the NSDA at the meeting,
is at Cott and serves with the
International Society of Beverage Technologists (ISBT).
And, of course, the FDA can provide a copy of the data
that was submitted or explain why it was destroyed
or not subject to production under the Freedom of Information Act.

It should not be a surprise to anyone that
the ABA and Coca-Cola will tell us
that there never was a real threat to public health at the same time
they fail to provide the 1990 data -- leaving it to someone else
to do so. It is common sense that the data
(1) should not have been destroyed,
and (2) should be publicly disclosed.

Relying on government to safeguard the public interest and our
children's health may be problematic.
Shortly after getting whistleblower documents from 1990
showing stunning test results relating to the formation of benzene
in some soft drinks, I emailed the FDA Office of Commissioner
mid-afternoon at 2:10 p.m. on Wednesday, September 21, 2005.
Getting no response, on Thursday, I posted the same information
at a website picked up on "google news."
FDA Commissioner Lester Crawford sent an email
on Friday to FDA staff announcing his resignation effective immediately
without explanation.

That Saturday morning, I spoke to a deputy FDA counsel who was at
a Boston obesity litigation conference addressing soda nutrition labeling
and the role of the FDA.
I asked why I hadn't got a response to my email.
He didn't know. At the time, Commissioner Crawford denied
that his departure had anything to do with his stock holdings.
It was not reported what those holdings were.
On October 26, 2005, the Wall Street Journal reported that the
former FDA head held shares in regulated firms as late as 2004.
Mr. Crawford at one point had up to $100,000 in Pepsi Co stock.
The Wall Street Journal and Washington Post have reported
that the HHS Inspector General is investigating the circumstances
of his departure.
Someone should ask him about benzene formation in soda.

Former FDA Commissioner Dr. Crawford is an expert on
chemical contamination of drinks and water supplies,
as he explained in his March 2005 confirmation statement.
Dr. Crawford explained that he has played major roles
in the development of mandatory nutrition labeling and the
control of chemical and microbiological contaminants of food.
In 1990, Dr. Crawford was Administrator
of the Food Safety and Inspection Service
at the U.S. Department of Agriculture (which handles meat safety).
That was the year that the benzene issue became known.

Until 2002, while in the private sector, Dr. Crawford was
Director of Center for Food and Nutrition Policy,
which had entered a strategic alliance with the
Grocery Manufacturers of America (GMA)
to foster understanding of issues facing food companies.
Dr. Crawford served as Academic Advisor to the GMA
on scientific and regulatory issues dealing with food and nutrition policy.
GMA, along with the American Beverage Association ("ABA"),
is the group active in opposing school soda bans.
At the FDA, he had been Chair of the
FDA's Obesity Working Group (OWG)
since it was created in August 2003.
In January 2004,
groups like the Center for Science in the Public Interest
and the restaurant and industry group
Center for Consumer Freedom presented opposing comments
before the group.
See also
"FDA Obesity Report To Suggest Changes
To Serving Sizes On Labels,"
FDA Week, March 12, 2004.
In a May 2004 NPR show, Dr. Crawford explained that labelling
changes on soft drinks would be voluntary, not mandatory --
making the calories reflect the size of the 21.5 oz. bottle, for example,
and not merely refer to an 8 oz. standard.
In mid-July 2005, he spoke very eloquently on the subject of sending
healthy messages to children.

A recent study funded by the ABA by Dr. Crawford's successor
as Director of Center for Food and Nutrition Policy
found no association between obesity and school soda vending.
The recent study was funded by an unrestricted gift by the ABA
(previously known as the National Soft Drink Association).

As Director of the Center for Food and Nutrition Policy,
Dr. Crawford had persuasively argued in testimony on regulatory
reform that there needed to be transparency and science-based
decision-making in risk assessment relating to contamination of foods.
He urged that decision-makers and scientists
"have a legal and moral duty to recuse themselves from issues
that stand to directly and/or financially benefit them."
Last month the HHS Inspector General issued subpoenas
for financial records relating to share holdings in PepsiCo,
food service Sysco, and Wendy's Lisa Richwine.

Precisely what testing data was disclosed to the FDA
in December 1990 and January 1991?)

Did the FDA destroy the data? If so, why?

Did the ABA destroy the data? If so, why?

www.schoolpouringrights.com agrega un comentario

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http://www.schoolpouringrights.com/

History and Origin of Benzene in Soft Drinks *
Ross E. Getman, Esq.**
* FDA memorandum, "Benzene residues in soft drinks," Dec. 7, 1990
(email me for pdf of actual documents)
**Member, DC and NYS bars

Home Benzene EDTA CO2 Gratuities RICO FTC Antitrust
"Pouring Rights" Coke Global Pesticides Prop 65

Update --
Rajeev Syal,
"Soft drinks found to have high levels of cancer chemical,"
Times, March 2, 2006

Oliver Duff,
"Cancer chemical found in soft drinks,"
The Independent, March 2, 2006

Mark Easton,
"Cancer chemical found in drinks,"
BBC News, March 1, 2006

Chris Mercer,
"UK food watchdog assessing benzene in soft drinks,"
BeverageDaily.com, March 1, 2006

Jacqui Thornton,
"Kids' drinks poison shock,"
The Sun, March 1, 2006
*********************************************************

http://groups.yahoo.com/group/aspartameNM/message/1307
formaldehyde from 11% methanol part of aspartame or from red wine
causes same toxicity (hangover) harm: Murray 2006.03.01

"Of course, everyone chooses, as a natural priority,
to actively find, quickly share, and act upon the facts
about healthy and safe food, drink, and environment."

Rich Murray, MA Room For All rmforall@...
505-501-2298 1943 Otowi Road Santa Fe, New Mexico 87505

http://groups.yahoo.com/group/aspartameNM/messages
group with 151 members, 1,310 posts in a public, searchable archive
http://RMForAll.blogspot.com http://AspartameNM.blogspot.com

Dark wines and liquors, as well as aspartame, provide
similar levels of methanol, above 120 mg daily, for
long-term heavy users, 2 L daily, about 6 cans.

Within hours, methanol is inevitably largely turned into formaldehyde,
and thence largely into formic acid -- the major causes of the dreaded
symptoms 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% of the 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.

http://groups.yahoo.com/group/aspartameNM/message/1143
methanol (formaldehyde, formic acid) disposition: Bouchard M
et al, full plain text, 2001: substantial sources are
degradation of fruit pectins, liquors, aspartame, smoke:
Murray 2005.04.02

Any unsuspected source of methanol, which the body always quickly
and largely turns into formaldehyde and then formic acid, must be
monitored, especially for high responsibility occupations, often with
night shifts, such as pilots and nuclear reactor operators.

http://groups.yahoo.com/group/aspartameNM/message/1291
European Food Safety Authority to decide aspartame safety by May:
caffeine diet drinks cause female hypertension, WC Winkelmayer et al,
JAMA 2005.11.09: PubMed lists 50 items for "diet soft drinks" since
2004 Oct.: Murray 2006.01.24

http://groups.yahoo.com/group/aspartameNM/message/1279
all three aspartame metabolites harm human erythrocyte [red blood cell]
membrane enzyme activity, KH Schulpis et al, two studies in 2005,
Athens, Greece, 2005.12.14: 2004 research review, RL Blaylock:
Murray 2006.01.14

http://groups.yahoo.com/group/aspartameNM/message/939
aspartame (aspartic acid, phenylalanine) binding to DNA:
Karikas July 1998: Murray 2003.01.05 rmforall
Karikas GA, Schulpis KH, Reclos GJ, Kokotos G
Measurement of molecular interaction of aspartame and
its metabolites with DNA. Clin Biochem 1998 Jul; 31(5): 405-7.
Dept. of Chemistry, University of Athens, Greece
http://www.chem.uoa.gr gkokotos@...;
K.H. Schulpis inchildh@...; G.J. Reclos reklos@...;

http://groups.yahoo.com/group/aspartameNM/message/1271
combining aspartame and quinoline yellow, or MSG and brilliant blue,
harms nerve cells, eminent C. Vyvyan Howard et al, 2005
education.guardian.co.uk, Felicity Lawrence: Murray 2005.12.21

http://groups.yahoo.com/group/aspartameNM/message/925
aspartame puts formaldehyde adducts into tissues, Part 1/2
full text Trocho & Alemany 1998.06.26
Universitat Autònoma de Barcelona : Murray 2002.12.22

http://groups.yahoo.com/group/aspartameNM/message/1250
aspartame causes cancer in rats at levels approved for humans,
Morando Soffritti et al, Ramazzini Foundation, Italy &
National Toxicology Program
of National Institute of Environmental Health Sciences
2005.11.17 Env. Health Pers. 35 pages: Murray

http://groups.yahoo.com/group/aspartameNM/message/1106
hangover research relevant to toxicity of 11% methanol in aspartame
(formaldehyde, formic acid): Calder I (full text): Jones AW:
Murray 2004.08.05 rmforall

Since no adaquate data has ever been published on the exact disposition
of toxic metabolites in specific tissues in humans of the 11% methanol
component of aspartame, the many studies on morning-after hangover
from the methanol impurity in alcohol drinks are the main available
resource to date.

Jones AW (1987) found next-morning hangover from red wine with
100 to 150 mg methanol
(9.5% w/v ethanol, 100 mg/l methanol, 0.01%,
one part in ten thousand).

http://groups.yahoo.com/group/aspartameNM/message/870
Aspartame: Methanol and the Public Interest 1984: Monte:
Murray 2002.09.23

Humans suffer "toxic syndrome" (54) at a minimum lethal dose
of <1 gm/kg, much less than that of monkeys, 3-6 g/kg (42, 59).

The minimum lethal dose of methanol
in the rat, rabbit, and dog is 9.5, 7.0 , and 8.0 g/kg, respectively (43);
ethyl alcohol is more toxic than methanol to these test animals (43)."

http://groups.yahoo.com/group/aspartameNM/message/1302
The Lowdown on Sweet? (Ramazzini Foundation, M Soffritti proof that
aspartame causes cancers), Melanie Warner, The New York Times:
Murray 2006.02.12

http://groups.yahoo.com/group/aspartameNM/message/1303
David L. Katz MD comments briefly with Diane Sawyer on ABC
Good Morning America re Ramazzini aspartame cancer study:
excellent opus at Yale U: mainstream research on aspartame
(methanol, formaldehyde, formic acid) toxicity: Murray 2006.02.14

http://groups.yahoo.com/group/aspartameNM/message/1304
to DL Katz MD, Yale U: M. Soffritti, Ramazzini F., did not mention that
humans are about 10X more vulnerable to aspartame than are rats:
found methanol and formaldehyde carcinogenicity 2002: human ADI
levels must be reduced hugely: Katz: Murray 2006.02.15

http://groups.yahoo.com/group/aspartameNM/message/1306
ban aspartame speech, Roger Williams MP, UK Parliament
2005.12.14: www.TheyWorkForYou.com: Murray 2006.02.20

As a medical layman, I suggest that evidence mandates immediate
exploration of the role of these ubiquitious, potent formaldehyde
sources as co-factors in epidemiology, research, diagnosis,
and treatment in a wide variety of disorders.

Folic acid, from fruits and vegetables, plays a role by powerfully
protecting against methanol (formaldehyde) toxicity.

Many common drugs, such as aspirin, interfere with folic acid,
as do some mutations in relevant enzymes.

The majority of aspartame reactors are female.

In mutual service, Rich Murray
*******************************************************

http://groups.yahoo.com/group/aspartameNM/message/1310
Aspartame and smoking give the same toxic metabolite as does benzene,
Lin YS et al, U N Carolina, Chapel Hill, 2006 Jan.,
Center for Environmental Health and Susceptibility: Murray 2006.03.01

"Multiple linear regression models identified several significant
contributors to 1,4-BQ-Alb levels,
including gender,
body mass index (BMI),
the gender-BMI interaction,
automobile refuelling,
smoking status,
and consumption of fruit
and the artificial sweetener, aspartame.

The authors predicted that these background levels of 1,4-BQ-Alb
were equivalent to occupational exposures
between 1 and 3 parts per million of benzene.

Mixed effects linear models indicated that the random variation
in adduct levels was about equally divided between and within subjects.

The observations indicate that levels of 1,4-BQ-Alb
cover a wide range in the general population,
and they support the hypotheses that demographic,
diet and lifestyle factors are contributing sources."

1: Biomarkers. 2006 Jan-Feb; 11(1): 14-27.
Variability of albumin adducts of 1,4-benzoquinone,
a toxic metabolite of benzene, in human volunteers.
Lin YS, McKelvey W, Waidyanatha S, Rappaport SM.
Department of Environmental Sciences and Engineering,
University of North Carolina, Chapel Hill, NC, 27599, USA.
suramya@...; smr@...;
*******************************************************








Thu Mar 2, 2006 8:28 am

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