"Mr. Friedman's statement thus appears patently false in an apparent attempt to intentionally mislead the NOSB. This apparent subterfuge led, in turn, to the NOSB's failure to review other aspects of these materials which would have disqualified them, under law, for inclusion in organic food," Cornucopia's Kastel said.
In addition to the letter to the OIG, Cornucopia has requested the D.C. Bar conduct a formal ethics investigation of Mr. Friedman's conduct.
"The dog and pony show put on by Martek and their largest customer, Dean Foods, was without precedent in the organic industry," said Alexis Baden-Mayer, Political Director of the Organic Consumers Association, who was present in Savannah.
The only scientists who testified at the meeting on the DHA issue were all on Martek's payroll, and focused on research showing benefits of consuming naturally occurring omega-3 fatty acids (such as those found in fish and breast milk), while ignoring the preponderance of published peer-reviewed research that shows that these health benefits are not gained from consuming Martek's novel, manufactured DHA additive.
The written statements of leading scientists in this field, who did not attend the meeting but whose findings were presented to the Board members, including assertions that this field of research is "driven to a large extent by enthusiasm and vested interest," were overpowered by the handful of corporate-sponsored scientists with a blatant financial interest in the outcome of the vote.
Dean Foods, Martek's largest customer, brought in a well-known web-pediatrician, Dr. Alan Greene, who has acted as a public relations agent endorsing Horizon brand organic milk with the added Martek DHA oils.
Although Dr. Greene represented himself as a "consultant," simply answering questions for Dean Foods, and stated he had previously worked for two other organic companies, but failed to disclose his multiple conflicts of interest in commenting on the benefits of Martek's manufactured DHA supplements.
Greene has also accepted compensation from Mead Johnson, the largest conventional infant formula manufacturer, to promote Martek's DHA oil in their products, and even has his own product line of nutritional supplements that include Martek DHA, marketed by Twinlabs with his name and photograph on the product package.
"It is unconscionable that a physician, who accepted money from a big drug company to promote synthetic DHA--which many believes promotes the use of baby formula at the expense of the nutrients in breast feeding--failed to disclose such a gross conflict of interest when he testified before the governmental body on certified "organic' standards," said Lisa Graves, Executive Director of the Center for Media and Democracy/PRWatch, which helps expose corporate PR tactics.
Greene's role on behalf of Dean Foods and Martek was to directly dispute the preponderance of scientific literature, including two meta-analyses, that discredits Martek's claims that their supplements promote cognitive development in infants and children.
Cornucopia's complaint to the OIG also included evidence documenting that three corporate-backed members of the NOSB, who voted in favor of this petition, had undeclared conflicts of interest.
Two of the board members work for Earthbound Farms, a giant produce distributor that also compensated Dr. Greene during 2011. A third member of the NOSB board works for General Mills which partnered with Martek, starting in 2009, on the technology to microencapsulate their DHA and ARA oils.
Cornucopia said that these board members should have considered recusing themselves from voting on this issue because of the apparent conflicts of interest. One of the members was the prime champion of the Martek petition during board deliberations.
Adding fuel to the controversy, the Federal Trade Commission (FTC) just announced the end of its investigation into Dean Foods' advertising campaign for Horizon DHA supplemented milk, forcing the dairy giant to alter claims in its advertising concerning "brain development or function, cognitive development or function, intelligence, learning abilities in children over the age of two." This action resulted from a complaint filed by The Cornucopia Institute based on its research of the fraudulent and misleading health claims.
"While they did not fine Dean, or its WhiteWave division, for its misrepresentations in Horizon marketing, we are pleased that the FTC has taken this action to protect children and prevent the defrauding of their parents," said Vallaeys.
Although the FDA has dismissed complaints about the safety of Martek products in infant formula, reports persist from parents and healthcare providers of infants who experience serious gastrointestinal symptoms from consuming Martek's DHA and ARA oils in infant formula, raising serious public health questions about the marketing of these products.
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