One of the reasons we wrote this report is in order to educate other judges that to follow suit would be APPALING. Judge Orrick is obviously ignorant of, or is unwilling to accept in this vital judicial context of a suit in Federal court, the fact aspartame causes you to gain weight. Other judges hopefully will do honest research and spare the public of being misled.

::::::::

One of the most heartbreaking problems with aspartame is having it destroy your life and being unable to have your day in court. Even if you can't restore what you have lost at least you're able to warn others and stop the aspartame killing machine.

As an example, by industry themselves, G. D. Searle, did a 52 week oral toxicity study on 7 infant monkeys. Five had grand mal seizures and one died. The FDA's own report shows 4 types of seizures: http://www.mpwhi.com/92_aspartame_symptoms.pdf

To make matters worse aspartame interacts with anti-seizure medication. Then they were adding aspartame to anti-seizure medication. So many people having seizures and some of them dying. I think of the runner, Flo Jo, who with a can of diet soda in hand had a seizure and died. Dr. Richard Wurtman of MIT said he had enough cases with seizures for aspartame to be recalled. An 8 month investigation of aspartame by UPI reported that when Dr. Wurtman said he would do a study on aspartame and seizures the VP of G. D. Searle threatened that if he did his research funds would be denied. They were. http://www.mpwhi.com/upi_1987_aspartame_report.pdf

When you have something approved you use your best studies called pivotal. The above 52 week oral toxicity study was used. If this was their best I would hate to see the other studies they shredded. Finally in 1986 Dr. Woodrow Monte, author of "While Science Sleeps: A Sweetener Kills" www.whilesciencesleeps.com took aspartame on the issues of seizures and blindness all the way to the Supreme Court. The judge refused to hear the case. So to this day - almost 40 years ago, as long as aspartame has been on the market, the public has continued to have seizures and many like Flo Jo have died. Others have gone blind from the methanol.

The power of industry is despicable, especially against the interest of the health of the public. Mission Possible is dedicated to the proposition that disability and death are not acceptable costs of business.

Here we go again, and here comes the judge. His name is U.S. District Judge William H. Orrick.

Six class actions have been filed, 3 in California and 3 in New York for deceptive advertising because the soda pop industry, Coke, Pepsi and Dr. Pepper label their pop "diet" when, in fact, aspartame causes you to crave carbohydrates so you gain weight. The interesting part is the National Soft Drink Assoc, now American Beverage, were the very ones protesting against adding this chemical poison to carbonated beverages.

In the Congressional Record, Senate, S - 5511, May 7, l985, and part of the protest of the National Soft Drink Assn, now American Beverage is this Statement:

"Aspartame has been demonstrated to inhibit the carbohydrate-induced synthesis of the neurotransmitter serotonin (Wurtman affidavit). Serotonin blunts the sensation of craving carbohydrates and this is part of the body's feedback system that helps limit consumption of carbohydrate to appropriate levels. Its inhibition by aspartame could lead to the anomalous result of a diet product causing increased consumption of carbohydrates."

So as far as product liability is concerned you have companies marketing an addictive excitoneurotoxic carcinogenic drug to the population as a sugar free diet product knowing full well this is causing obesity. They also know aspartame is addictive and the methanol component is classified as a narcotic. Aspartame liberates free methyl alcohol causing chronic methanol poisoning. This affects the dopamine system of the brain causing the addiction.

Having the confession of the NSDA in their protest against adding aspartame to their drinks made no difference to Judge Orrick Ignorance is no excuse in law. In his order granting Dr Pepper's motion to dismiss filed Aug. 21, U.S. Judge William H. Orrick wrote, "I still conclude it is not plausible that reasonable consumers would believe consuming Diet Dr Pepper leads to weight loss or healthy weight management absent a change in lifestyle."

He added that the allegation that Diet Dr Pepper is misleading or false is not plausible and there is no science backing a link between aspartame and weight gain. What a whopper. There has been scientific peer reviewed research on aspartame and weight gain since it was first marketed and some of it was presented to the judge.

When it comes to industry power not even a confession will get you your day in court. It's almost humorous to speak for consumers and what they believe. A Mrs. Kovac, a massage therapist from New York, started using diet drinks to lose weight. Instead as expected she gained more weight so she decided to simply use aspartame products. Aspartame has a methyl ester that immediately becomes free methyl alcohol. She died of methanol poisoning and her husband was charged even though they could find no methanol. Here's another case of methanol poisoning death from aspartame. https://rense.com/general74/deatjb.htm

In this case Merry Kay started using aspartame products because she was diabetic. In reality aspartame can precipitate diabetes, simulates and aggravates diabetic retinopathy and neuropathy, destroys the optic nerve, causes diabetics to go into convulsions, and even interacts with insulin. ("Aspartame Disease: An Ignored Epidemic" by the late world aspartame expert and diabetic specialist, H. J. Roberts, M.D.)

Here is the entire chapter on aspartame and diabetes from the above 1000 page medical text: http://www.mpwhi.com/aspartame_chapter_1.pdf

Also a study showing 2 diet drinks a day will double the risk of diabetes

http://www.mpwhi.com/2_diet_drinks_a_day_doubles_diabetes_risk.htm The point here is that industry pushes aspartame on diabetics when it can take their life and people like Merry Kay thought it was the best thing to do. No judge can say why consumers would use a diet product. I've taken the case histories for 28 years and most say they used diet drinks to lose weight and gained it instead. Anyone looking at a label that says diet is going to believe they will lose weight by buying diet. We have a saying, "If it says diet, don't buy it." That's to help people realize diet drinks are not going to help in anyway but to have a person gain weight and risk the at least 92 symptoms on the FDA's own list.

Dr. Sandra Cabot (Mission Possible Australia said: " After having been consulted by thousands of overweight people suffering with problems concerning the liver and/or metabolism I can assure you that aspartame will not help you in any way, indeed it will help you to gain unwanted weight. This has been my experience, and there are logical reasons to explain the fattening and bloating effects of aspartame. When you ingest the toxic chemical aspartame it is absorbed from the intestines and passes immediately to the LIVER where it is taken inside the liver via the liver filter. The liver then breaks down or metabolizes aspartame to its toxic components - phenylalanine, aspartic acid and methanol. This process requires a lot of energy from the liver which means there will be less energy remaining in the liver cells. This means the liver cells will have less energy for fat burning and metabolism, which will result in fat storing. Excess fat may build up inside the liver cells causing "fatty liver" and when this starts to occur it is extremely difficult to lose weight. In my vast experience any time that you overload the liver you will increase the tendency to gain weight easily."

"Aspartame also causes weight gain by other mechanisms ---Causes unstable blood sugar levels, which increases the appetite and causes cravings for sweets/sugar. Thus it is particularly toxic for those with diabetes or epilepsy. Causes fluid retention giving the body a puffy and bloated appearance. This makes people look fatter than they are and increases cellulite." - http:// www.liverdoctor.com From the article: "Aspartame Makes You Fatter."

Over the years we've seen every time there is an issue that exposes aspartame, the sweetener industry comes up with a review or study.

Mark Gold of the Aspartame Toxicity Center analyzed the European Commission Scientific Committee on Food (SCF) opinion on aspartame and exposed the cheating. You can access it at http://www.holisticmed.com/aspartame/scf2002.html. OLAF, the European Anti-Fraud Office mandated by the European Union with investigating fraud and corruption found there was no committee making the decision, just one person. So once exposed the European Commission Scientific Committee on Food became inactive.

EFSA then was set up, the European Commission Scientific Committee on Food, and they decided to do a review, especially since the Ramazzini Studies had proven what the original FDA investigator told the Senate (Dr. Adrian Gross) that aspartame causes cancer. It is a multipotential carcinogen. First the head of the committee at EFSA, Dr. Herman Koeter, resigned saying they were pressured by industry to hijack science. An EFSA spreadsheet boldly plagiarized a manufacturer-funded review by lifting large seconds of the manufacturer funded review. See this at http://holisticmed.com/aspartame/EFSA-Draft-Plagiarism.htm When the aspartame industry is exposed expect a study or review where the sweetener industry gets together and tries to convince the public this chemical poison is safe. Therefore, it was no surprise when a review was published saying aspartame did not cause obesity. In large letters were the words "Calorie Control Council" which is one of the largest front groups. US Right To Know says it all: tk.org/sweeteners/calorie-control-council/

Seeing the name Kimber L. Stanhope we decided to write her and said:," A study by Massachusetts General Hospital showed when aspartame is ingested it releases phenylalanine, which disrupts a gut enzyme called intestinal alkaline phosphatase (IAP) that had previously been shown to prevent obesity, diabetes and metabolic syndrome. Researchers found that this process prevents weight loss and can even cause weight gain." Further I stated ". In a 2013 study published in the Proceedings of the National Academy of Sciences, Dr. Richard Hodin and colleagues also found that feeding IAP to mice kept on a high fat diet could prevent the development of metabolic syndrome and reduce symptoms in animals that already had the condition., Obesity, metabolic syndrome and diabetes are epidemic because of aspartame and have been proven on independent scientific peer reviewed studies."

In the article about the review it said there were no human studies on aspartame and weight gain. I told Dr. Stanhope this was simply not true. Sharon Fowler did a human study published in 2005, University of Texas, linking aspartame with weight gain, Dr. Stanhope wrote back: "This is an epidemiology study, which of course does not prove cause and effect. The statement in the press release about the lack of studies showing aspartame consumption caused weight gain was specific to dietary intervention studies (I expect the words 'dietary intervention' were deleted for brevity)."

I find it interesting that you can leave out the facts for "brevity." Of course you can read the study for yourself:

http://www.mpwhi.com/fowler_williams_stern_et_al_2008_artificially_sweetened_beverages_and_weight_gain.pdf

Here from "US Right To Know" are more studies showing aspartame causes weight gain: http://www.mpwhi.com/fowler_williams_stern_et_al_2008_artificially_sweetened_beverages_and_weight_gain.pdf

In summary, "Gain Weight by Going Diet" .ncbi.nlm.nih.gov/pmc/articles/PMC2892765/

One of the reasons we wrote this report is telling other judges to follow suit is appalling. Judge Orrick is obviously ignorant of, or is unwilling to accept in this vital judicial context of a suit in Federal court, the fact aspartame causes you to gain weight. Other judges hopefully will do honest research and spare the public of being misled.

Dr. Mari- Alemany did the Trocho Study which showed the formaldehyde converted from the free methyl alcohol embalms living tissue and damages DNA. http://www.mpwhi.com/formaldehyde_from_aspartame.pdf

Most toxicity is in the liver but a substantial amount in the adipose tissue or fat cells. This study was so damning to the aspartame industry they tried to assassinate the character of Dr. Alemany. Funeral directors admit they use less formaldehyde because the body is partially pre-embalmed.

Comments by Dr. Alemany below make the point of what happens to courageous researchers and doctors who desperately want to warn the public, and give them the right to know. After almost 40 years as a killing machine its time for aspartame to be in court, and the FDA exposed for protecting the manufacturers.

"Science is based on facts, and is thus different from inadequate (albeit generalized) lawyering, i.e. laundering half-truths and straight lies to accommodate the facts to the benefit of the client. The critical difference between both is ethics. Science could not exist without trust, trust in the scientists, their data and their interpretations. Data do not lie, but interpretations may be incomplete, inadequate, partial or, simply wrong. To base political (and, especially health policy) decisions on assumptions, unproven facts, legal interpretations and the omnipresent small print may bring benefits to a few for some time, but in the end damage both the Society interests and the confidence of the citizens on their Institutions and on the media (and the system of administration of justice) fair play.

"In the late 50s last century, smoking was not considered a hazard. Physicians smoked on camera praising the "relaxing" effects of smoking tobacco, forfeiting any mention to cancer, emphysema, addiction, and dozens of additional toxic effects overshadowed by the 'big ones'. Nowadays we can get information, and recognize the perils of addiction, smoke components (tar, methanol, and a myriad of dangerous compounds), but we are also constantly bombarded by carefully worded ads inducing us to smoke (obviously, tobacco, pot is terrible, forbidden and hence more dangerous...). With a sizeable part of the benefits, the Tobacco Industry is growing again. The scientific facts are crystal-clear, but lawyering & advertisement (i.e. millions of dollars invested) make the difference, and the poison creepily draws money from the Health and Care budget to sustain the

"This is a case in point. Aspartame is a quite similar situation. Here the Science is even clearer: there is a large amount of data (including that provided by the companies that successively (and successfully) have traded on this compound. Let us make a very short list of the proven data

a) Aspartame is a peptide-methyl ester. When hydrolyzed yields aspartate, phenylalanine and methanol

b) Excess phenylalanine may cause problems to those affected of PKU, this fact should be indicated in anything containing aspartame for the protection of the users

c) Methanol is slowly oxidized (compared with ethanol) in most body tissues (mainly liver, retina). The ingestion or breathing of methanol is considered extremely dangerous and is tightly regulated (at least in theory). Methanol dangers (in addition to intoxication similar to that of ethanol) derive, mostly from its rapid conversion by almost all body tissues into formaldehyde, which may be further converted to formic acid. Both compounds are extremely toxic, i.e. formaldehyde dissolves in water (formalin) is used to preserve samples, to embalm cadavers, and in industry as a powerful reducing agent. Formic acid is a powerful acid, used in industry to clean metals and by ants to irritate our skin after biting.

d) There is no doubt, whatsoever, that aspartame is digested and converted into its three initial components, which are then metabolized. However the quantitative proportion of aspartame that is excreted intact with stool, that which is hydrolyzed in the gut and that which passes into the bloodstream and reached key tissues where methanol may create most damage have not been investigated. Why? In fact there are data pointing to aspartame being present in blood and urine, when labeled with radioactive carbon, we find large (and cumulative) amounts of label in most tissues (largely liver, brain, retina, etc.). This is a critical point, which legal-directed collaborative investigators stress constantly (without quantitative data and forsaking most of the research already done) that the entire methanol load is freed in the intestinal canal. This has not been proven, in fact, the reverse is true.

e) Small amounts of methanol are produced in the microbiota metabolism, and most of it is used by the microorganisms themselves or detoxified by the liver (which may result damaged depending on the amount of methanol). However, not all methyl-esters are freed and used. Pectins are often used as example of huge loads of possible methanol source (but most of it goes untouched into stool). Most of these compounds (i.e. methyl- arginines, thymine, even caffeine) are used in ways that we do not know enough. Why aspartame should be a peculiarity in that complex microbiological system? It is not. Even milk lactose in lactating children find its way into urine after being absorbed intact ... There is strong evidence (from tracer studies) on the methanol moiety of aspartame reaching a number of body organs where it is metabolized.

f) Formaldehyde is a certified carcinogen. It is a highly reactive compound, which binds many types of molecules, including proteins and nucleic acids. Alteration of DNA structure by uncontrolled adducts alters its function, creating mutations, dysfunctions or cell death. This is the main reason why formaldehyde can elicit cancer. The amounts needed are very small, since the effects inducing cancer are largely non-stochastic. A single dose of aspartame may elicit a cancer, but continued use may not. However, the probabilities of inducing cancer grow with consumption. This has been proven repeatedly using experimental animals and epidemiological studies.

g) Nevertheless, cancer may not be the only damaging effect of aspartame (nor even the most important from a quantitative point of view). Epidemiological studies show a parallel growth of the number of 'rare' neurological-immune based diseases and the overall consumption of aspartame by the population. This is a brutal cause of pain and death, at exorbitant health care costs, but it has not been (funded) investigated. The FDA (which has taken part in favor of aspartame, against their legal obligations) kept an unbelievably long list of complaints against this troublesome product. If it were a drug it would not be present at all in the market, but as a food component has found its way in most of the oral medicines given to children.

As far as we know, no organization, statistical analysis and epidemiological study has been done with all these complaints. The explanation that this is a campaign against a product or company is an insult to intelligence, since it began before the internet wars between an army of trolls against anybody or anything that raises doubts on the 'official' decisions (FDA, EFSA). It must be pointed out than no knowledgeable scientific Committee has analyzed aspartame ever as a mandate of a governing body (not controlled by politically designed stooges). The economic implications of the aspartame diffusion are based, essentially, on political influence, and largesse for those implicated.

h) In any case, people keep dying and getting puzzling diseases, which often improve (seldom heal completely, the damages to brain and nervous system are complicated). Scientists are ostracized and denied funding, the Monsanto strategy over genetically modified corn is extended into Science, laboratories or their politically appointed governing bodies are pressed to dispose of those that may cause disruption.

i) Where stands the Law? Many US and European laws are being continuously breached or sidetracked: use of a proven carcinogen in food as additive, not labeling for phenylalanine, outright unjustified dismissals, pressure upon scientists, the use of the media to widen the commercial reach of a certified poison, the inaction of FDA, the selection of which studies to include in the 'official' decisions of the EFSA, the shrieking silence of the Authorities which role is to hear, learn and decide for the benefit of the Society. And time, every day of delays, reinvestigation, discussions on etymology, fine points and precedents, blocks, etc. represent a growing number of victims of a system that can but does not want defend itself from true evil: greed.

"Last, but not least, let me give a word over a critical point that has helped to maintain such dangerous products (tobacco, aspartame) in the market (sweeping out the competence in a way difficult to explain using legal, ethical ways). It is about certainty. It is often impossible to say that something is certain or not in Science. Somebody can affirm he will live forever, and everybody knows this not to be certain, but we cannot prove it, we can only infer the affirmation is not true because of probabilities, antecedents and data on similar cases.

So, we select at random a number and try them, then we apply probability formulas and can affirm with a 50 % or 97 % probability that all matched will burn. This is enough for most of the Science at present. Certainty only comes from faith, but this is in a level different from Science. In Law, however, certainty comes largely from conviction (beliefs) of a judge, a jury or the concatenation of proofs (interpreted, in any case). There are not, again, sources of truth, and precedents and laws are taken as substitutes (subjected to more or less focused interpretation).

"Science, today, is based on probabilities, which in the case of aspartame and cancer (and other diseases, including addiction), which are overwhelmingly in favor of a direct relationship. There is not (and cannot be) certainty.

But when you put six bullets in a revolver and point to somebody, then pull the trigger, the probability of inducing harm is extremely high, but there is not certainness (the bullet may be defective, the revolver may misfire, explode, even be sucked by a magnet or transported to another dimension). In the case of aspartame, from a scientific point of view, we have a very high probability (like that of the shooter to harm somebody) that it is a danger (and continues killing while I write this synopsis).

Probably a Lawyer will see it the same way (or hold tight on the infinitesimal percentage that all may be a figment of imagination, since there is not definitive proof. Many people have been hanged for much less, but corporate warfare is also a different world. In this sense, Justice is more complicated than Science, where you set a limit of probability, calculate it and then take it as a new step in knowledge.

The problem is complicated by the -new' presence in scientific Journals of papers written at the request of a Company, in the way internet warfare is fought. These trolls can be easily identified by anybody with a basic training in Science, but most scientists may cow against testifying because they may be seriously chastised (ostracism, no funding, rejected publications, loss of status and a place to work, displacement of the key people in the team, etc.) This happens, and is been used to continue poisoning people.

Many scientists weight their ethical compulsion against the loss of a career, and some simply shift bands (and gain funding and temporary 'prestige'), but most remain silent, do nothing and survive. Nevertheless, there is enough material published by brave (or harebrained) people to give a conviction on aspartame as guilty of inducing severe disease, and for its promoters of crimes against the public health.

Thanks for your attention"

Dr. Mari- Alemany Department de Biomedicina Molecular (Seccion Metabolisme i Nutricion> Facultat de Biologia. Universidad de Barcelona

Av. Diagonal, 643; 08028 Barcelona, Spiny/Spain
Tel: 34 93 403 4606; Fax: 34 93 402 1559

We hope the next time aspartame is before a judge he will have the wisdom and concern for the public to do research and take seriously the mass poisoning of the public by aspartame. Any judge interested in real facts should have no qualm about admitting to deceptive advertising. It's a done deal, a fat one at that.

Dr. Betty Martini, D.Hum, Founder

Mission Possible World Health Intl

9270 River Club Parkway

Duluth, Georgia30097

www.mpwhi.com, www.wnho.net, www.holisticmed.com/aspartame

Addendum: At the end of this report you see some comments by Dr. M. Alemany. They go to the heart of the issue, and how the public feels when they find they have been poisoned and the power of industry continues so that others can't be warned or spared. Researchers and doctors lose their license, and reputation. In the case of the courageous Dr. Woodrow Monte who took the issue to the Supreme Court, not to be heard, he had his house blown up with him in it. Read about it here:

se.com/general96/asparautism.html

People truly do have the right to know:

se.com/general96/deadlyaspar.html

The powerful aspartame industry tried to destroy Dr. Alemany because he did the Trocho study which showed the formaldehyde embalms living tissue and damages DNA. Look how many years it took to get tobacco to court. Both of my parents died from it.

This case should never have been dismissed. The public, seeing the word "diet," thinks they are going to lose weight or not gain, and many have lost their lives because of it.

Cheryl Bridges used it during pregnancy and her baby was born with a neural tube defect just like was seen in the original studies the FDA sealed from the public. The baby died and Cheryl wouldn't have anymore children because she thought it might happen again.

The Federal Courts could at least order the pop companies should at least take the "t" off of diet."

(Article changed on August 29, 2018 at 22:34)

(Article changed on August 29, 2018 at 23:33)

(Article changed on August 30, 2018 at 19:20)

Authors Website: http://www.mpwhi.com/main.htm

Authors Bio:

photo: Picture of Dr. M. Soffritti (Director General of the Ramazzini Foundation) and Dr. Betty Martini at the Mt. Sinai Medical School, where he received the prestigious Irving J. Selikoff Award. New study with low doses released again showing aspartame causes cancer confirming FDA's original studies.

Dr. Betty Martini for over 20 years is the founder of the worldwide volunteer force, Mission Possible World Health International, which is committed to removing aspartame from our food supply. She has an honorary Doctor of Humanities degree for the work she has done. She has 22 years of experience in the medical field. In 1970 Dr. Martini established a model for the nation by creating Physicians on Call, a network of five Emergency Care clinics in Atlanta, Georgia staffed with medical doctors 7 days/24 hours. Services were without cost to the indigent. She speaks frequently on nationwide radio hookups for talk programs throughout the country and the world. The medical text, Aspartame Disease: An Ignored Epidemic, by H. J. Roberts, M.D., is dedicated to her. She can be seen in the aspartame documentary, Sweet Misery: A Poisoned World and others.
She is on the Advisory Board of the American Anti-Cancer Institute, and is the in-house aspartame specialist for the National Health Federation. Because of her the "Just Like Sugar" company made a safe sweetener without chemicals, although she has no financial association. Here is the Just Like Sugar story: https://www.youtube.com/watch?v=MebZ2dlHkkU She has three grown children, two sons and a daughter. Her web site is www.mpwhi.com