Asda wins court fight over sweetener claim
[This is a serious and superb legal milestone affirming that a supermarket chain can describe artificial sweetener aspartame as "nasty," if it wants to do so, based on customer responses, whether the corporate miscreant behind the manufacturing of this deadly poison wants to bludgeon critics into silence or not!]
Leeds-based supermarket chain Asda, owned by US megacorporation Walmart, has won its court battle with a Japanese food company which sued the supermarket chain for calling the artificial sweetener aspartame "nasty".
Ajinomoto Sweeteners, a leading producer of aspartame, took action after Asda announced in 2007 that it would become the first supermarket in Britain to remove artificial colours and flavours from its own brand labels.
In publicity for its "Good for you" range, Asda promised: "No hidden nasties - no artificial colours or flavours, no aspartame and no hydrogenated fats."
Ajinomoto accused Asda at the High Court in London of malicious falsehood and said it was trying to protect the reputation of its products. The firm, who have been given time to consider appealing, has a 45% share of the European aspartame market.
But Mr Justice Tugendhat ruled that the words complained of - on food packaging and a cola drink - did not mean that aspartame was potentially harmful or unhealthy.
He said the publicity was trying to convey the message "if you the customer think that aspartame may be bad for you, or unpleasant to taste or consume, then this product is for you".
The judge said Ajinomoto had claimed that the words meant that aspartame is either an especially or potentially harmful and unhealthy sweetener and one which consumers concerned with their health would do well to avoid.
Mr Justice Tugendhat said the case was not just about profits and there was a public interest involved.
"If aspartame is safe, which I have no reason to doubt, then it would be a loss to the public, and deprive them of freedom of choice, if it were to become stigmatised for no good reason."
"No reasonable reader could understand the words as a statement by Asda that all artificial colours and flavours are especially or actually harmful or unhealthy."
In publicity for its "Good for you" range, Asda promised: "No hidden nasties - no artificial colours or flavours, no aspartame and no hydrogenated fats."
Ajinomoto accused Asda at the High Court in London of malicious falsehood and said it was trying to protect the reputation of its products. The firm, who have been given time to consider appealing, has a 45% share of the European aspartame market.
But Mr Justice Tugendhat ruled that the words complained of - on food packaging and a cola drink - did not mean that aspartame was potentially harmful or unhealthy.
He said the publicity was trying to convey the message "if you the customer think that aspartame may be bad for you, or unpleasant to taste or consume, then this product is for you".
The judge said Ajinomoto had claimed that the words meant that aspartame is either an especially or potentially harmful and unhealthy sweetener and one which consumers concerned with their health would do well to avoid.
Mr Justice Tugendhat said the case was not just about profits and there was a public interest involved.
"If aspartame is safe, which I have no reason to doubt, then it would be a loss to the public, and deprive them of freedom of choice, if it were to become stigmatised for no good reason."
"No reasonable reader could understand the words as a statement by Asda that all artificial colours and flavours are especially or actually harmful or unhealthy."
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Obama's FDA Commissioner, Dr. Margaret Hamburg MD, should be leading the charge to get this neurotoxic carcinogenic artificial sweetener off the market by rescinding its FDA approval. Could you please write a short note to her to ask her to do so, at:
5600 Fisher's Lane, Rockville Maryland. 20857
[1-888-INFO-FDA (1-888-463-6332)]
This chemical's approval was forced in 1981 by Donald Rumsfeld to make him a quick $12-15 million, and it has become the scourge of modern medicine, causing hundreds of thousands of people to develop entirely avoidable neurodegenerative illnesses, just from drinking diet cokes, chewing sugarless gum, not reading the ingredients in their medications or in their children's vitamins, and ingesting Equal in their coffee!
While you are at it, please send a copy of your letter to Dr. Hamburg also to:
1. Dr. Howard Koh, MD, Assistant Secretary of Health and Human Services
The U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Telephone: 202-619-0257
Toll Free: 1-877-696-6775
200 Independence Avenue, S.W.
Washington, D.C. 20201
Telephone: 202-619-0257
Toll Free: 1-877-696-6775
[Dr. Koh oversees the National Institute of Health, the Food and Drug Administration, and the Center for Disease Control, all of which should become active in our effort to rescind the FDA approval for aspartame.
2. Kathleen Sebelius, Secretary of Human Services
The U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
200 Independence Avenue, S.W.
Washington, D.C. 20201
3. Both of your United States Senators and your Member of Congress
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