Aspartame Violates
State & Federal
Adulteration Statutes

From Dr. Betty Martini, D.Hum.
Edward M. Johnson,
Attorney and Counselor at Law
11406 Woodwaters Way
San Antonio, Texas 78249
September 15, 2005
(Via USPS Priority Mail)
Dear Madam Chair, Gay Dillingham and Honorable Members of the New Mexico Environmental Improvement Board:
Clifford Stroud, Vice Chair
Dolores Herrera
Harold Tso
Soren Peters
Greg Green
Ken Marsh
C/O Barbara Claire, EIB Administrator New Mexico Department of Environment
1190 S. St. Francis Dr.
Santa Fe, New Mexico 87502
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."
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.
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.
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.
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.
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.
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.
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.
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.
This could be the first step in removing what has been described by highly credentialed medical doctors as a "Worldwide Plague."
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."
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).
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
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.
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.
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.
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."
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.
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.
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.
Respectfully Submitted,
Edward M. Johnson
Edward M. Johnson, J.D. Attorney
Texas Bar #10710000
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"
Letter to Environmental Improvement Board - Banning Aspartame in Mexico, Dr. Stoller knew Arthur Hull Hayes who over-ruled Board of Inquiry to approve toxin
Stephen Fox's email is
From: "KP Stoller, MD"
Date: Thu, 15 Sep 2005 18:01:17 GMT
Subject: Fw: Re: letter to the EIB
To The Honorable Gay Dillingham
Madame Chair, New Mexico Environmental Improvement Board
Dear Ms. Dillingham and Members of the EIB:
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.
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.
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.
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.
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.
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!
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!
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.
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
Dr. Betty Martini, Founder, Mission Possible International, 9270 River Club Parkway, Duluth, Georgia 30097 770 242-2599 For more information on aspartame go to and Aspartame Toxicity Center, Join the Aspartame Information list on



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