- Edward M. Johnson,
- Attorney and Counselor at Law
- 11406 Woodwaters Way
- San Antonio, Texas 78249
- 210-877-0855
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- September 15, 2005
- (Via USPS Priority Mail)
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- Dear Madam Chair, Gay Dillingham and Honorable Members
of the New Mexico Environmental Improvement Board:
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- Clifford Stroud, Vice Chair
- Dolores Herrera
- Harold Tso
- Soren Peters
- Greg Green
- Ken Marsh
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- C/O Barbara Claire, EIB Administrator New Mexico Department
of Environment
- 1190 S. St. Francis Dr.
- Santa Fe, New Mexico 87502
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- By way of introduction, background, training, and experience,
I have been a licensed Texas Attorney since April 1971. I began my legal
career as a Briefing Attorney to U.S. District Judge John H. Wood, Jr.
(Deceased), then served as an Assistant U.S. Attorney for The Western
District of Texas, and am the Former President/CEO and Senior Managing
Shareholder of the 18th largest lawfirm in San Antonio, Texas, as listed
in the 1995 "Book of Lists," "San Antonio Business Journal."
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- My biography has been published for the past 15 years
in "Who's Who in American Law." I am now retired from the active
practice of law, and am fully engaged in the ownership of a Health &
Wellness Distributorship with large international business operations.
I continue to stay abreast of health related issues involving things which
are both beneficial and harmful for human consumption, and have been featured
on an ABC TV Program involving "Dangerous Foods," in health related
books, and in a recent full length film, "Sweet Misery in a Poisoned
World," involving the great dangers of aspartame to humans.
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- As a briefing attorney to a U.S. District Judge, and
as an Assistant U.S. Attorney with the U.S. Department of Justice, it was
my job to interpret the meaning, application, and enforcement of federal
Statutes and Regulations, which frequently required referring to the Congressional
History of Federal Legislation by researching the history in the "Congressional
Record." This also frequently entailed researching State Statutes.
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- I have reviewed the New Mexico Food Act (25-2-1 to 25-2-19
and 25-2-20 NMSA l978) on adulterated and poisonous foods. It is a strong,
clear law with its criminal prosecution provisions for violators. It is
quite clear in its meaning and in its intent, and is not hard to understand
or interpret.
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- The said Statute provides that: A food shall be deemed
to be adulterated, (1) if it contains any poisonous or deleterious substance
which may render it injurious; (2) if it contains any added poisonous or
added deleterious substance which is unsafe, and (3) if it consists in
whole or in part of ... decomposed substance, or if it is otherwise unfit.
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- Under New Mexico law, inasmuch as aspartame clearly and
unequivocally decomposes and adulterates, this is an open and shut case.
You clearly have the right as well as the obligation to ban aspartame
for the health, safety, and welfare of your citizens.
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- The Bottom Line is: (1) Aspartame is unsafe and adulterated,
and is indeed dangerous to the health, safety and welfare of the citizens
of The State of [board, not agency] New Mexico, and (2) your Agency is
empowered to and should ban aspartame from your State in order to protect
and to preserve the health, safety and welfare of the citizens of The State
of New Mexico.
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- DISCUSSION
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- In Statute 25-2-15, NMSA, the authority to promulgate
regulations for the efficient enforcement of the New Mexico Food Act is
vested in your Board.
- Therefore, the EIB has the right to ban aspartame. For
example, in Minnesota, U.S. District Judge, Hon. James Rosenbaum, affirmed
the right of a state to protect its citizens health, despite corporate
claims of being protected by the FDA approval of their products and that
nothing in the act which created the FDA was intended to preempt any state
tort law or consumer protection statute or certainly the statutory powers
given to the New Mexico EIB in statutes and in the New Mexico Administrative
Code.
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- A recent example of FDA approval of dangerous substances
is the Vioxx situation, wherein 55,000 US citizens were found to have died
of causes associated with the ingestion of Vioxx. Don't let the much worse
situation of aspartame poisoning continue in New Mexico, when you have
the very clear right and very clear power to ban it from use in the State
of New Mexico.
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- This could be the first step in removing what has been
described by highly credentialed medical doctors as a "Worldwide Plague."
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- Aspartame is a prime example of an adulterating/poisonous
substance forbidden by this law and should be banned now. The said New
Mexico Statute is very similar to the Federal Statute. The May 7, 1985
United States Senate Congressional Record recorded the long, detailed protest
of the National Soft Drink Association against aspartame specifically because
of its unique instability. This does not bear repeating verbatim in this
memo, however, the following salient excerpt states: "Specifically,
Searle did not meet its burdens under section 409 of the Federal Food,
Drug and Cosmetic Act, 21 U.S.C. 348 ("FDC Act") to demonstrate
that aspartame is safe."
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- In fact, the FDA's own Senior Toxicologist, the late
Dr. Adrian Gross, who took part in on-site investigations at Searle, said
the studies carried out by Searle to show the safety of aspartame were
"to a large extent unreliable." He said "at least one of
those studies has established "beyond any reasonable doubt" that
aspartame is capable of inducing brain tumors in experimental animals and
that this is of extremely high significance." Gross also testified
before Congress that because aspartame was capable of producing brain tumors
and brain cancer, FDA should not have been able to set an allowable daily
intake of the substance at ANY LEVEL. Congressional Record SID835:131 (8/1/85).
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- The FDA's own report admits to 92 documented symptoms
triggered by aspartame from four types of seizures to coma and death.
An 1138 page medical text, "Aspartame Disease: An Ignored Epidemic,"
by H. J. Roberts, M.D. documents symptoms and diseases triggered by this
deadly neurotoxin. See more at
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- file:///C:/Documents%20and%20Settings/User/Application%2
0Data/Qualcomm/Eudora/Attachments/www.sunsentpress.com
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- www.sunsentpress.com
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- In the Trocho Study (Trocho C., Pardo R, et al. Formaldehyde
derived from dietary aspartame binds to tissue components in vivo. Life
Sciences 63: 337-349, l998) it was demonstrated that following aspartame
ingestion, significant amounts of formaldehyde accumulate in the tissues.
Russell Blaylock, M.D., discussing this study said that formaldehyde is
known to bind strongly to proteins and nucleic acids, forming adducts that
are extremely difficult to eliminate through normal metabolic pathways.
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- Ergo, aspartame was clearly in violation of the federal
adulteration law and was illegally added. By admission of the National
Soft Drink Association, "Section 402 of FDC Act 21 provides a food
is adulterated if it contains, in whole or in part ...a decomposed substance,
or if it is otherwise unfit for food." This is the same language
as that of the New Mexico statute, which clearly gives The State of New
Mexico and your Board the right and the power to ban aspartame in New Mexico.
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- The FDA's own studies of aspartame clearly demonstrate
that aspartame breaks down in beverages in temperatures over 86 degrees
Fahrenheit, into aspartic acid, an excitotoxin and formaldehyde, a deadly
neurotoxin. This in fact occurred in the Gulf War, as pallets of Diet Coke
were left sitting for days in the hot desert sun, and the temperatures
reached 125 degrees Fahrenheit. I repeat: There are in fact 92 medical
symptoms listed in the FDA's own records.
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- The above referenced medical text written by Dr. H. J.
Roberts, M.D. (chosen by the editors of a national medical journal as "The
Best Doctor in the U.S.") clearly makes the case against aspartame,
and the fact that aspartame decomposes and adulterates. This fact is well
documented in Dr. Roberts heavily footnoted and annotated 1138 page medical
text and needs not to be repeated verbatim in this brief discussion. As
we say in law, Res Ipsa Loquitor, "The Thing Speaks For Itself."
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- There is much more than a "smoking gun" here.
There are in fact millions of lives ruined, and deaths that have occurred,
as a direct and proximate cause of ingestion of aspartame since it was
introduced. I myself am a victim of aspartame, and have had 2 pituitary
adenoma (brain tumor) surgeries and radiation therapy. I have no doubt
that these were directly and proximately caused by my heavy aspartame ingestion.
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- The banning of aspartame is not only well within your
powers, but is in fact a long overdue service to New Mexico's consumers
who are ingesting this product unknowing its toxicity.
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- You are to be commended for having moved this rule change
along this far to take this much needed step of banning aspartame in New
Mexico in order to protect the health, safety and welfare of the citizens
of The State of New Mexico. Other states will follow New Mexico's example.
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- Respectfully Submitted,
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- Edward M. Johnson
- Edward M. Johnson, J.D. Attorney
- Texas Bar #10710000
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- Former Briefing Attorney to
- John H. Wood, Jr., U.S. District Judge ('71-'72)
- Former Assistant U.S. Attorney ('72-'76)
- Serving as Deputy Chief, Civil Section
- Western District of Texas
- Member of Federal Licensing Committee, W.D. of Texas
('75-'77)
- Former President & CEO, Johnson, Curney & Fields,
P.C.
- Named in the Marquis "Who's Who in American Law"
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- ____
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-
- Letter to Environmental Improvement Board - Banning Aspartame
in Mexico, Dr. Stoller knew Arthur Hull Hayes who over-ruled Board of Inquiry
to approve toxin
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- Stephen Fox's email is stephen@santafefineart.com
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- From: "KP Stoller, MD"
- Date: Thu, 15 Sep 2005 18:01:17 GMT
- To: bettym19@mindspring.com
- Subject: Fw: Re: letter to the EIB
-
-
- To The Honorable Gay Dillingham
- Madame Chair, New Mexico Environmental Improvement Board
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- Dear Ms. Dillingham and Members of the EIB:
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- I spoke, along with Dr. Grant LaFarge, to the EIB previously
about aspartame. I understand you now have to consider the legal issue
of whether the EIB has the authority to regulate this neurotoxin based
on the current statutes that are in place. I am a physician, not a legal
scholar, but I have reviewed the statutes and it is very clear that the
EIB does have this regulatory authority.
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- I dare say the decision you reach on October 4th will
be a very important one and I will leave my comment on the subject at that,
but I want to tell you a very relevant personal story.
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- I once knew Arthur Hull Hayes, Jr, M.D., the FDA Commissioner
who approved aspartame back in 1981, over all of the objections of the
internal boards and evaluations of the FDA at that time. Dr. Hayes flew
out to San Francisco to interview me when I was applying to medical school,
and it was because of Dr. Hayes that I went to Penn State where he was
teaching in the mid-70s.
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- I remember when Dr. Hayes was chosen to be the head of
the FDA, when he green lighted NutraSweet, despite evidence that it was
an extremely harmful neurotoxin, and I remember that he resigned in 1983
when it was discovered he had been, in effect, taking bribes from pharmaceutical
companies. Then he went off to work at the PR firm for the very company
that owned the patent for, manufactured, and sold aspartame! As a former
student of his, it was clear to me that his entire medical career was disgraced,
and to this day he refuses to even talk about his role in getting aspartame
approved.
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- The system is broken -- those governmental organizations,
such as the FDA, that should be working for the people of our country,
have been turned into corrupt trade organizations by the very corporations
they have been mandated to regulate. This has been going on for decades
now. We are ruled, in a sense, by a corporate plutocracy at the Federal
level. Only the individual states have the ability, at this eleventh hour
in our democracy, to act in accordance with the principles of our founding
fathers.
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- I am not waxing poetic here, but I must point out very
clearly to all of you as members of the New Mexico Environmental Board
that your decision on the 4th is that important, and that the very nature
of a government of the people, for the people, and by the people, is in
your hands. Please do not cave in to pressures being brought down about
you so that corporations can continue to sell a poison!
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- I have testified in front of a Congressional hearing
on a related matter, but the hearing that I attended that made the biggest
impression on me was the one I attended as a boy. As I youngster I watched
Congress decide whether to put warning labels on cigarette boxes. The year
was 1965!
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- I bring this up because the influence of the tobacco
industry on our government is still pervasive and endemic. In a real sense,
we gave away our federal government first to the tobacco industry and then
to all those that have followed in the tobacco industry,s footsteps. They
have all done well because we let many profit by poisoning, polluting and
stealing from us by not demanding our rights and sovereignty in these areas.
But this will change if you can be the vehicle of this change by merely
following the existing statute that empowers the EIB to prohibit the use
of this neurotoxic food additive henceforth in New Mexico.
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- Kenneth P Stoller, MD
- Assistant Clinical Professor, Pediatrics
- UNM, School of Medicine
- Medical Director, Hyperbaric Medical Center of New Mexico
- President, International Hyperbaric Medical Association
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- Dr. Betty Martini, Founder, Mission Possible International,
9270 River Club Parkway, Duluth, Georgia 30097 770 242-2599 For more information
on aspartame go to www.wnho.net and www.dorway.com Aspartame Toxicity
Center, www.holisticmed.com/aspartame Join the Aspartame Information list
on www.wnho.net
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