How New Mexico Can Influence Your Health

Do you know what is happening in New Mexico? Do you care? You should! And you would if you knew how important it could be to you, wherever you live and travel.

This update is provided by the dedicated health campaigner Stephen Fox. He is certainly in a position to let everyone know what's happening because Stephen is the petitioner in this matter. Even if you are already conversant with what is happening, please read the important message at the foot of this article. Now it's over to Stephen.

DISCUSSION DRAFT and COMMENTARY ON BILL FOR BANNING ASPARTAME IN NEW MEXICO

STATUTORY AUTHORITY, CONTEXT, AND LOCATION FOR ADDED LANGUAGE:

NMSA 25-2-10 is clear on this matter: "a food shall be deemed to be adulterated if it bears or contains any poisonous or deleterious substance which may render it injurious to health," and the responsibility of the Attorney General or the District Attorneys, to institute prosecution is made clear also, in NM 25-2-7.

This is made further clear in NMSA 25-2-13: "Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof....shall be deemed to be unsafe."

ADDED LANGUAGE: It is the sense of the Legislature that it is imperative for human health in New Mexico to declare forthwith that the artificial sweetener, aspartame and all of its trade names, because of the proven effects of its neurotoxic and carcinogenic metabolites, is a poisonous and deleterious food additive and adulterant, and as such will be prohibited from sale in New Mexico.

The Legislature also finds that federal authorities have not intended to or expressed an intention to occupy and preempt the areas of concern herein, regarding prohibiting toxic, neurotoxic, carcinogenic, poisonous, and deleterious food additives, and that therefore, the legislature may take such an action regarding a prohibition of the sale of aspartame-containing products, and all of their trade names, in order to protect and ensure public health and safety for all New Mexicans.

News on the Legislature: Governor could ban Aspartame/Formaldehyde in 2006; Bill by Senator Ortiz y Pino

The artificial sweetener, Aspartame, is a carcinogenic neurotoxin since one of its metabolites is formaldehyde. The recent Ramazzini Foundation of Oncology's study proves it to cause 6 kinds of cancer: this report was posted on the National Institute of Health website in November 2005. Physicians and plaintiff's lawyers have been excoriating aspartame's carcinogenicity since the 70's. The FDA refuses to rescind its approval, so aspartame is found in coffee sweeteners, "diet" beverages, "low-fat" yogurt, "sugarless" gum -- a total of 6000 products consumed by 70% of Americans and 40% of our children.

On January 3, the New Mexico Environmental Improvement Board postponed the 5 day hearing, originally scheduled for July 06, till January 07, because they were still waiting for the Attorney General's Opinion they had requested November 7, as is also the NM Pharmacy Board, which requested it November 14 [Aspartame is in over 500 children's medications; I have asked the Pharmacy Board for a ban in order to protect New Mexico's children].

Other Attorneys General, particularly Bill Lockyer of California, Eliot Spitzer of New York, and Mike Hatch of Minnesota, comprehend the level of consumer protection necessary to protect health. Lockyer is suing 9 mega fast food corporations to require labeling every bag of French fries stating: "This product contains a chemical which is known to the state of California to cause cancer." Heating potato starch to 400 degrees turns it to carcinogenic acrylamide.

I told New York Attorney General Eliot Spitzer on June 1 about our aspartame/FDA efforts; he immediately replied: "the FDA is a joke!"

In March 2005, Minnesota AG Mike Hatch entered an amicus curie brief in the case against Pfizer by a widow of a man who committed suicide because the Zoloft was making him suicidal, in support of the widow. The brief stated that no company can hide behind the FDA approval of their product when the product does harm under Minnesota's tort and product liability laws. Judge Rosenbaum later agreed, rejecting Pfizer's request for a Summary Dismissal on the basis of its FDA approval for Zoloft.

Richardson stated in December that he is in favor of states taking back some of the power given to the FDA, because "the FDA doesn't do anything," and applied the same strong consumer protection principles by putting a bill to ban Thimerosal/Mercury from vaccines on the Agenda for this coming session. Seven other states have done this already. No New Mexican of any age should be injected with these large amounts of mercury: it is one of the most deadly neurotoxins of all and many flu shots have it.

I have asked the Governor to also place a bill on his 2006 Agenda banning aspartame from sale in New Mexico. This is long overdue; it would be a precedent for New Mexico to pass such a bill in 2006 and not have to wait for the 2007 long session. When it comes to toxicology and the need to remove this deadly neurotoxin from foods and medicines, six months or nine months or 18 months is an eternity.

After EIB temporarily caved in to the demands of the world's largest Aspartame and MSG manufacturer, the Ajinomoto Corporation of Japan. I called US Senator Bingaman, asking him to read out sections of the Italian study on the floor of the Senate, asking the FDA Commissioner to immediately rescind the approval for aspartame. This happened in 1969 when President Nixon asked the FDA commissioner to rescind cyclamates approval, after it became clear that it was causing cancer. Aspartame violates and cyclamates violated the 1958 Delaney Amendment, which prohibits any chemical causing cancer to be knowingly added to food products. The Italian study proves the cancer causality beyond a shadow of a reasonable doubt.

UK Parliament member from Wales, Roger Williams, has asked for a total United Kingdom ban on aspartame. When Governor Richardson puts this bill on the agenda, the FDA will immediately move toward rescinding aspartame's approval. Industries should switch to Stevia or Xylitol, both non-toxic natural sweeteners, and they wouldn't have to lose a dime of their sacred profits!

President Bush won't do anything about aspartame; the FDA ignores letters and citizen's petitions; the state EIB has basically failed in a regulatory sense by postponing hearings till 2007, so the Legislature and the Governor's agenda are truly the last hope for protecting New Mexican's health, and such a bill could go into effect in July 2007. We have a NM Senate sponsor: the Honorable Gerald Ortiz y Pino. Please write to Governor Richardson and encourage him to put a bill to ban aspartame on his Agenda for 2006.

Governor Richardson's fax # is 505 476-2226. Thank you!

Respectfully,

Stephen Fox
217 W. Water, Santa Fe, NM 87501 505 983-2002
stephen @ santafefineart.com

Today is January 12, 2006. Right NOW we need LOTS of letters to be emailed to Govenor Bill Richardson of New Mexico. Express thanks for his efforts to date in ridding New Mexico of Aspartame and strongly urge him to move forward on this matter as soon as possible. Remember, a victory against the use of aspartame in New Mexico will certainly spread to other jurisdictions. The banning of aspartame will benefit the health and wellbeing of millions of people, including you and your loved ones.

Emails can be sent directly using the form here: http://www.governor.state.nm.us/emailchoice.php?mm=6