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June 12, 2008

California Suit Against Whole Foods for Carcinogen in Body Care Products

By Ronnie Cummins, Founder, Organic Consumers Association

Shocking first look and breaking news about the State of California's suits against Whole Foods and others regarding their hiding a proven carcinogen in body care products, knowingly or negligently: not much difference, eh?

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California Files Lawsuit Against Whole Foods, Avalon, and Others Whose Products Tested Positive for Carcinogenic 1,4-Dioxane in OCA Study
  • Organic Consumers Association, 6/10/2008 
  • Details are here: http://www.prlog.org/10079593-california-lawsuit-whole-foods-avalon-and-others-with-products-containing-carcinogenic-1-4-dioxane.html
  • OAKLAND, CA - Reacting in part to a study released by the Organic Consumers Association (OCA) in March of this year, but also based on their own testing, the Attorney General of California has filed a major lawsuit against body care household-cleaning product companies whose products recently tested highest for the carcinogenic contaminant 1,4-Dioxane.   

    Under California's "Proposition 65" consumer products that contain toxic levels of 1,4 Dioxane must have warning labels stating they may cause cancer.  1,4-Dioxane is typically produced as a byproduct when ingredients are ethoxylated with the petrochemical ethylene oxide, a process which has become standard practice for many cleansing and moisturizing products.  

    The suit, California v. Avalon Natural Products (manufacturer of the Alba brand), also names Whole Foods Market California (manufacturer of the Whole Foods 365 brand), Beaumont Products (manufacturer of the Citrus Magic brand), and Nutribiotic (read full Attorney General suit here). It is unclear exactly which products manufactured by the aforementioned companies triggered the lawsuit, but all named companies have sold products that tested close to or in excess of 20 parts per million for 1,4-Dioxane in the OCA study released at the Natural Products Expo in Anaheim, CA in March (read study results here).

    Last week OCA sent a letter to the four companies named in the California lawsuit to see if they are planning changes to their labeling or product formulations.  Only one company responded.  In a letter to the OCA, Beaumont Products wrote, "Upon being notified that there was a problem with our product, we verified that the problem existed, then took immediate action." Beaumont has reformulated their products to remove the problematic ingredient, highlighting their dedication to providing safe products, in contrast to the lack of action taken by the other three companies. http://www.organicconsumers.org/bodycare/beaumont.doc)

    The California Attorney General (AG) alleges these companies should have put warning labels on products containing high levels of 1,4-Dioxane, stating that they may cause cancer. The lawsuit states, "Plaintiff alleges that  each defendant has known since at least May 29, 2004 that the body washes and gels and liquid dish soaps contain, 1,4-dioxane and that persons using these products are exposed to 1,4-dioxane."  Per Proposition 65, fines for mislabeled products are as high as $2,500 per day for each violation.  FAQs about 1,4-Dioxane can be found here.

    "These companies need to stop treating the inclusion of cancer causing chemicals in their products as 'business as usual' and reformulate before consumer confidence in the natural products and organics industry is permanently damaged," says consumer activist David Steinman who conducted the OCA study and originally exposed the presence of 1,4-Dioxane in baby bubble bath products in his book Safe Trip to Eden and in a February, 2007 press conference with the Campaign for Safe Cosmetics. (The press release can be found here .)

    The AG's complaint  states that California wants, "…preliminary injunctions, permanent injunctions, or other orders prohibiting the defendant(s) from exposing persons within the State of California to 1,4-dioxane without providing clear and reasonable warnings…"

    "The OCA's 1,4-dioxane study elevated the issue of fake 'natural' and 'organic' brands that utilize petrochemicals in their formulas in March, and now we are seeing labeling enforcement on a scale never seen before," says OCA National Director Ronnie Cummins. "We used an independent laboratory and found that numerous 'natural' and 'organic' brands tested positive for 1,4-Dioxane, a cancer causing contaminant resulting from the petrochemical ethylene oxide being attached to one or more ingredients."

    For immediate release: Interviews with David Steinman or Ronnie Cummins can be arranged by contacting Adam Eidinger at 202-744-2671.


Submitter: Stephen Fox

Submitters Website: https://www.facebook.com/groups/592985284186083/

Submitters Bio:



Early in the 2016 Primary campaign, I started a Facebook group: Bernie Sanders: Advice and Strategies to Help Him Win! As the primary season advanced, we shifted the focus to advancing Bernie's legislation in the Senate, particularly the most critical one, to protect Oak Flat, sacred to the San Carlos Apaches, in the Tonto National Forest, from John McCain's efforts to privatize this national forest and turn it over to Rio Tinto Mining, an Australian mining company whose record by comparison makes Monsanto look like altar boys, to be developed as North America's largest copper mine. This is monstrous and despicable, and yet only Bernie's Save Oak Flat Act (S2242) stands in the way of this diabolical plan.

We added "2020" to the title.


I am an art gallery owner in Santa Fe since 1980 selling Native American painting and NM landscapes, specializing in modern Native Ledger Art.


I have always been intensely involved in politics, going back to the mid's 1970's, being a volunteer lobbyist in the US Senate for the Secretary General of the United Nations, then a "snowball-in-hell" campaign for US Senate in NM in the late 70's, and for the past 20 years have worked extensively to pressure the FDA to rescind its approval for aspartame, the neurotoxic artificial sweetener metabolized as formaldehyde. This may be becoming a reality to an extent in California, which, under Proposition 65, is considering requiring a mandatory Carcinogen label on all aspartame products, although all bureaucracies seem to stall under any kind of corporate pressure.


Bills to ban aspartame were in the State Senates of New Mexico and Hawaii, but were shut down by corporate lobbyists (particularly Monsanto lobbyists in Hawaii and Coca Cola lobbyists in New Mexico).


For several years, I was the editor of New Mexico Sun News, and my letters to the editor and op/eds in 2016 have appeared in NM, California, Wisconsin, New York, Maryland, the Christian Science Monitor, USA Today, and many international papers, on the subject of consumer protection. Our best issue was 10 days before Obama won in 2008, when we published a special early edition of the paper declaring that Obama Wins! This was the top story on CNN for many hours, way back then....


My highest accomplishments thus far are

1. a plan to create a UN Secretary General's Pandemic Board of Inquiry, a plan that is in the works and might be achieved even before the 75th UN General Assembly in September 2020.


2. Now history until the needs becomes clear to the powers who run the United Nations: a UN Resolution to create a new Undersecretary General for Nutrition and Consumer Protection, strongly supported ten years ago by India and 53 cosponsoring nations, but shut down by the US Mission to the UN in 2008. To read it, google UNITED NATIONS UNDERSECRETARY GENERAL FOR NUTRITION, please.


These are not easy battles, any of them, and they require a great deal of political and journalistic focus. OpEdNews is the perfect place for those who have a lot to say, so much that they exceed the limiting capacities of their local and regional newspapers. Trying to go beyond the regional papers seems to require some kind of "inside" credentials, as if you had to be in a club of corporate-accepted writers, and if not, you are "from somewhere else," a sad state of corporate induced xenophobia that should have no place in America in 2020!

This should be a goal for every author with something current to say: breaking through yet another glass ceiling, and get your say said in editorial pages all over America. Certainly, this was a tool that was essentially ignored in 2016, and cannot be ignored in the big elections of 2020.


In my capacity as Editor of the Santa Fe Sun News, Fox interviewed Mikhail Gorbachev: http://www.prlog.org/10064349-mikhail-gorbachev



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