ADVISORY/California Supreme Court to Hear Oral Arguments of Out-of-State Dairy Interest's Ongoing Attempt to Lower State's Milk Quality.
News/Assignment Editors & Food Writers
ADVISORY...for Thursday (Sept. 7)
WHAT: California Supreme Court to Hear Oral Arguments of Out-of-State Dairy Interest's Ongoing Attempt to Lower State's Milk Quality WHEN: Thursday, September 7, 2000 9 A.M. WHERE: California Supreme Court 350 McAllister Street San Francisco WHO: Michael Boccadoro, Executive Director, Californians for Nutritious Milk Jo Ann Hattner, Pediatric Dietitian
People of the State of California v. Shamrock Foods Company
The California Supreme Court Justices are set to hear oral arguments in a case that surrounds a ten-year public debate which could have major impacts on the health and well being of California's children, teens and elderly.
In November of 1999, in a major victory for California consumers and public health organizations, the California Supreme Court unanimously agreed to review a controversial Appeal Court's ruling that had effectively nullified nul·li·fy
tr.v. nul·li·fied, nul·li·fy·ing, nul·li·fies
1. To make null; invalidate.
2. To counteract the force or effectiveness of. the state's milk quality and nutrition standards. This came after California Attorney General The California Attorney General is the State Attorney General of the government of the state of California in the USA. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (California Constitution, Article V, Section 13. Bill Lockyer William Westwood "Bill" Lockyer (born May 8, 1941) is the current State Treasurer of California. Prior to this, he served as California's Attorney General and head of the Department of Justice for the U.S. state of California. , backed by some of the state's leading health and nutrition organizations like the California Dietetic dietetic /di·e·tet·ic/ (di?ah-tet´ik) pertaining to diet or proper food.
1. Of or relating to diet.
2. Association and the Foundation for Osteoporosis Research and Education, argued persuasively to get the Court to accept the case, over the strong objections of Shamrock Foods Company of Arizona and its astro-turf organization Mad About Milk. Attorney General Lockyer's opening brief stated, "This case will decide the composition of all milk consumed in California. For decades, California has required milk to contain more nutrients, including calcium and protein, than is required for milk sold in the rest of the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . The higher calcium content of California standard milk is especially important in reducing the risk of osteoporosis. Not only is California milk more nutritious, it also has a better taste, which makes it more appealing to consumers."
In an amicus brief submitted to the Court by leading health and nutrition groups including the California Dietetic Association, the Foundation for Osteoporosis Research and Education and Choices for Children, the group stated, "The court of appeal's construction to permit the sale of fluid milk in California that fails to meet the state's 40 year old standards of composition would have the very adverse effects on public health and welfare that the standards were designed to prevent."
The case stems from a Fourth District Court of Appeals decision that overruled a lower court that found Shamrock Foods Company, primarily an institutional food provider, had engaged in unlawful and unfair business practices under Business and Professional Code section 17200 and had repeatedly and knowingly sold substandard milk to unsuspecting preschools and elder care facilities throughout Southern California Southern California, also colloquially known as SoCal, is the southern portion of the U.S. state of California. Centered on the cities of Los Angeles and San Diego, Southern California is home to nearly 24 million people and is the nation's second most populated region, . The lower court also determined that these actions were false, deceptive and misleading.
Shamrock's Claims Repeatedly Rejected
Earlier in January of 1999, the United States Supreme Court United States Supreme Court: see Supreme Court, United States. rejected Shamrock's claims in Federal Court that California's milk quality standards were a barrier to interstate commerce interstate commerce
In the U.S., any commercial transaction or traffic that crosses state boundaries or that involves more than one state. Government regulation of interstate commerce is founded on the commerce clause of the Constitution (Article I, section 8), which .
Both Shamrock Foods and Mad About Milk have been seeking to lower California's milk quality and nutrition standards and along the way have been misleading California consumers and the media. For the past 38 years Californians have benefited from drinking the highest quality, most nutritious milk in the nation. This is accomplished through the natural fortification fortification, system of defense structures for protection from enemy attacks. Fortification developed along two general lines: permanent sites built in peacetime, and emplacements and obstacles hastily constructed in the field in time of war. of milk with non-fat milk solids or condensed con·dense
v. con·densed, con·dens·ing, con·dens·es
1. To reduce the volume or compass of.
2. To make more concise; abridge or shorten.
a. skim milk skim milk
The milk from which the cream has been removed.
the residue from whole milk after the cream has been skimmed off. In today's usage it is the residue after the butterfat is removed. . In addition to the added nutritional benefits, California milk standards offer a higher quality, more consistent, better tasting product. Milk processed under California standards provides California consumers a unique nutritional package -- with up to 33% more calcium than milk processed at the federal standards -- as well as higher levels of other essential vitamins, minerals and protein. Since dairy products dairy products dairy npl → produits laitier
dairy products dairy npl → Milchprodukte pl, Molkereiprodukte pl contribute about three-quarters of the calcium in the American diet, those most at risk are more likely to meet their needs for this important nutrient by drinking California milk -- especially school children.
Health Groups Support Attorney General Lockyer
Shamrock Foods and Mad About Milk's efforts have been strongly opposed and criticized by California's leading health and nutrition groups such as the California Dietetic Association, the California Department of Health Services Department of Health Services may refer to:
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. the California Dietetic Association, "We believe the Court of Appeal's decision to allow a lower quality, less nutritious product that does not meet California's existing compositional standards, into our state is a serious threat to the future health of all Californians."
Shamrock Foods and Mad About Milk's efforts to market a lower quality and less nutritious product in our state have also been overwhelming rejected by the State Legislature twice in the past two years. According to the California Department of Health Services, "...lowering calcium in milk may result in increased rates of such chronic diseases as osteoporosis, hypertension and colorectal cancer colorectal cancer
Malignant tumour of the large intestine (colon) or rectum. Risk factors include age (after age 50), family history of colorectal cancer, chronic inflammatory bowel diseases, benign polyps, physical inactivity, and a diet high in fat. . Related health care costs to the Department and State will rise significantly in relation to an increase in chronic diseases." The Department concluded, "The Department believes, therefore, that maintaining the higher standard for milk fortification is beneficial from a public health perspective."
Californians for Nutritious Milk is a coalition of leading health, nutrition and education professionals and dairy producers and processors working to ensure that Californians continue to drink the highest quality most nutritious milk in the nation. For more information visit www.californiamilk.com or call Mike Bowman at 916/441-3617.