- Is it possible the lawsuit filed by Merisant, Inc.(distributors
of Equal, NutraSweet)the artificial sweetener) against McNeil Nutritionals,
(the makers of another artificial sweetener, Splenda), could result in
a double suicide for both chemical'sugar substitutes'?
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- With many experts set to testify from consumer marketing
to neurobiology, will the truth about both Equal and Splenda be revealed?
It is estimated that Equal (aspartame) is in 6,000 products and sucralose
(Splenda)in 3500.
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- On March 2, 2007, U.S. District Court Judge Gene E.K.
Pratter(Eastern Pennsylvania)sent the case to a jury, ruling Splenda must
defend its advertising tagline that the product is "made from sugar
so it tastes like sugar."
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- In her 64-page opinion, Pratter writes: "The artificial
sweetener industry has long considered concerns from consumers regarding
the taste and health safety of artificial sweeteners
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- Both companies employ the term 'no calorie sweetener'
to describe their various artificial sweetener products"
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- The trial began Tuesday, April 10th. Merisant attorneys
told jurors in their opening statement, McNeil, through its advertising
and packaging misled consumers into thinking that Splenda was safer and
healthier than other artificial sweeteners.
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- Merisant lawyer Gregory LoCascio stated, "McNeil
documents show they knew consumers were confused and they didn't do anything
to stop it".
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- In his opening statement at trial, Splenda's lawyer,
Stephen Zalesin said: "Neither Equal, made with aspartame, nor Sweet'N
Low, made with saccharin, comes from sugar. Splenda, however, is made from
pure cane sugar that is burned off in the manufacturing process and is
not found in the final product".
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- Under the Lanham Act Section 43(a),to prove false advertising,
a violation must show misleading statements about the product, actual deception
or a tendency to deceive a substantial portion of the intended audience,
likely to influence purchasing decisions, declining sales and loss of good
will.
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- ABC News reported in 2004, the lawsuit against Splenda
says that it is "made from dextrose, maltodextrin and 4-chloro-4-deoxy-alpha,
D-Galactopyranosyl-1, 6-dichloro-1, 6-dideoxy-beta,D-fructofuranoside".
Splenda begins with a sugar molecule but then replaces the molecule with
three chlorine atoms.
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- In the textbook on the subject, "Splenda: Is It
Safe Or Not?", Dr. Janet Starr Hull zeros in on the problem with sucralose,
the generic term for Splenda. Dr. Hull writes that Splenda is registered
as "chlorinated sucrose." "Chlorinated" means, according
to Dr. Hull, "bleach"; she tells us there is a difference between
man-made chlorine and the chlorine in nature. Manmade, chlorine is an extremely
toxic biohazard, used in WW1, as a chemical weapon. Chlorinated molecules
were used in the now-banned pesticide, DDT.
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- Kind of like drinking from a swimming pool.
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- Merisant lawyers believe they have prevented the "outing"
of Equal as unsafe because Judge Pratter has barred NcNeil from pursuing
any defense under the doctrine of "unclean hands". "Unclean
hands", in layperson's terms is "You did the same thing we did".
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- With the Federal ruling, the lawyers for Splenda cannot
use information that when aspartame (Equal,NutraSweet) came on the market
they "also pushed Equal as being made from natural products, found
in meat and milk."
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- The lawyers defending McNeil Nutritionals must have researched
the aspartame molecule on the Equal web site. The Splenda company "admit",
aspartame (Equal) is two amino acids found in nature, joined together.
Not exactly. The amino acid phenylalanine (50% of aspartame) is isolated
from the chain of 21 other amino acids to which it binds in natural food.
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- In 1993, the FDA, under the Freedom of Information Act,
revealed 92 aspartame symptoms, from ten-thousand consumers who complained
of conditions ranging from headache to seizures to death, No 77 on the
FDA list.
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- Splenda comes into the trial with bad baggage, too.
Citizens for Heath (CFH) a national grassroots advocacy organization has
a 1-888-774-CALL (2255) hotline for consumers who believe they are suffering
side effects from the use of Splenda. Attorney Jim Turner, CEO of the group
who valiantly failed to get the aspartame issue from the appellate court
onto the Supreme Court docket has again taken up a cudgel against
Splenda.
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- Lawyers representing Splenda asked the judge to rule
that Merisant is not entitled to damages. One point, rejected by the Court
was a dismissal of the case because Merisant waited 4 years before filing
suit, and then only filed because their sales were dropping.
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- In court, Merisant lawyer LoCascio said, McNeil made
at least $183 million in unfair profits since 2003, while Merisant will
incur lost profits of $24 million as a result of McNeil's allegedly false
advertising. The suit seeks to recover $176.1 million in profits.
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- Nowhere in the equation is information Splenda's sales
may be soaring, not because of a multi-million dollar publicity campaign,
but because more consumers are becoming aware of the dangers of using aspartame
(Equal,NutraSweet)and are seeking a safe alternative.
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- Splenda outsells Equal and Sweet'N Low together, according
to reporter Phil Lempert who appears on the morning NBC "Today"
show. Lempert opined, due to advertising, it may now be imbedded in our
minds that "Splenda tastes like sugar because it is made from sugar".
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- Lempert goes on to say that there is nothing natural
about either of these products and advised viewers to eat sugar, with only
16 calories per teaspoon.
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- My personal addendum is, if you are diabetic, go Stevia.
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- Carol Guilford is an LA-based writer and the author of
"The New Cook's Cookbook", "THE Diet Book", "Carol
Guilford's Main Course Cookbook" and "The Easiest Cookbook."
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- carolguilford@sbcglobal.net
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