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Granitic
Believers
G.D.
Searle, the pharmaceutical firm that introduced
NutraSweet, worked symbiotically with federal and congressional officials,
bribed investigators when violations of law were exposed, *anything* to
move aspartame to market. As far back as 1969, an internal Searle "strategy
memo" concluded the company must obtain FDA approval to outpace firms competing
for the artificial sweetener market. Another memo in December 1970 urged
that FDA officials were to be "brought into a subconscious spirit of participation"
with Searle.27 To that end, with enormous profits at stake, the pharmaceutical
house set out on a long struggle to transform the Pentagon's biochemical
warfare agent into "the taste Mother Nature intended.
The
official story is that aspartame was discovered in 1966 by a scientist
developing an ulcer drug (not a "food additive"). Supposedly he discovered,
upon carelessly licking his fingers that they tasted sweet. Thus was the
chemicals industry blessed with a successor to saccharine, the coal-tar
derivative that foundered eight years later under the pressure of cancer
concerns.
Aspartame
found early opposition in consumer attorney James Turner, author of *The
Chemical Feast* and a former Nader's Raider. At his own expense, Turner
fought approval for ten years, basing his argument on aspartame's potential
side effects, particularly on children. His concern was shared by Dr. John
Olney, Professor of neuropathology and psychiatry at Washington School
of Medicine in St. Louis. Dr. Olney found that aspartame,
combined with MSG seasoning, increased the odds of brain damage in children.
Other
studies have found that children are especially vulnerable to its toxic
effects, a measure of the relation between consumption and body weight.
The FDA determined in 1981, when the sweetener was approved, that the maximum
projected intake of Aspartame is 50 milligrams a day per kilogram of body
weight. A child of 66 pounds would consume about 23 milligrams by imbibing
four cans of Diet Coke. The child might also conceivably down an aspartame-flavored
snack or two, nearing the FDA's projected maximum daily intake.29 Dr. William
Partridge, a professor of neuroendocrine regulation at MIT, told *Common
Cause* in August 1984 that it wouldn't be surprising if a child-"confronted
with aspartame contained in iced tea chocolate milk, milk shakes, chocolate
pudding pie, Jello, ice cream and numerous other products" -consumed 50
milligrams per kilogram in a day.
Internally,
aspartame breaks down into its constituent amino acids and methanol, which
degrades into formaldehyde. The FDA announced in 1984 that "no evidence"
has been found to establish that the methanol byproduct reaches toxic levels,
claiming that "many fruit juices contain higher levels of the natural compound."30
But the _Medical World News_ had already reported in 1978 that the methanol
content of aspartame is 1,000 times greater than most foods under FDA control.31
NutraSweet,
the "good stuff" of sentimental adverts, is a truly insidious product.
According to independent trials, aspartame intake is shown by animal studies
to alter brain chemicals affecting behavior. Aspartame's effects on the
brain led Richard Wurtman, an MIT neuroscientist, to the discovery, as
recorded in _The New England Journal of Medicine_ (No. 309, 1983), that
the sweetener defeats its purpose as a diet aid, since
high doses may instill a craving for calorie-laden carbohydrates. One of
his pilot studies found that the NutraSweet-carbohydrate combination increases
the "sweetener's effect on brain composition." Searle officials denigrated
Wurtman 's findings, but the American Cancer Society has since confirmed
the irony-after tracking 80,000 women for six years-that "among women who
gained weight, artificial sweetener users gained more than those who didn't
use the products," as reported in _Medical Self-Care_ (387). (Since his
battle with G.D. Searle, Wurtman founded Interneuron Pharmaceuticals, Inc.,
the producer of a sports drink that enhances athletic performance, and
a weight loss drug marketed in over 40 countries. Wurtman's share of the
company, established in 1989, was worth $10 million by 1992. 32
Even
more daunting are the findings of Dr. Paul Spiers, a neuropsychologist
at Boston's Beth Israel Hospital, that aspartame use can depress intelligence.
For this reason, he selected experimental subjects with a history of consuming
it but unaware that they might be suffering ill effects. The subjects were
given NutraSweet in capsules of the FDA's allowable limit. Spiers was alarmed
to discover that they developed "cognitive deficits.'' One of the tests
required recall of square patterns and alphabetical sequences, becoming
increasingly more difficult. The test is challenging, but most people improve
as they learn how it is done. The aspartame users, however, did not improve.
"Some
frankly showed a reverse pattern," said Spiers."33
Aspartame
has been shown to erode short-term memory. At the May, 1985 hearings on
NutraSweet, Louisiana Senator Russell Long related a bizarre anecdote:
SENATOR LONG: I have received a letter recently from a person who is well
known to me and whose word is impeccable, as far as I am concerned. This
person told me that she had been dieting and she had been using diet drinks
with aspartame in it. She said she found her memory was going. She seemed
to be completely losing her memory. When she would meet people whom she
knew intimately, she could not recall what their name was, or even who
they were. She could not recall a good bit of that which was going on about
her to the extent that she was afraid she was losing her mind. . . In due
course, someone suggested that it might be this NutraSweet, so she stopped
using it and her memory came back and her mind was restored. Senator Howard
Metzenbaum replied that he had received "a number of letters from doctors
reporting similar developments. . . There have been hundreds of incidents
of people who have suffered loss of memory, headaches, dizziness, and other
neurological symptoms which they feel are related to aspartame."34 Senator
Orrin Hatch, a hidebound archconservative and NutraSweet advocate, downplayed
criticism of the sugar substitute. "Some people have lost their memory
after drinking a variety of things," he argued. ''The bottom line is this:
The studies supporting aspartame's approval have been examined and reexamined.
More than enough sound, valid studies exist to demonstrate aspartame's
safety."
Hatch
of Utah, reports the _Wall Street Journal_, has "given his strong support
of the pharmaceutical industries."35 So have the "Hatchlings." David Kessler,
FDA Commissioner under presidents Bush and Clinton, was once an aide to
Orrin Hatch. Hatch's former campaign manager and aide, C. McClain Haddow,
was sentenced to prison for conflict-of-interest charges arising from his
work as a Reagan administration health official. And Thomas Parry, Hatch's
former chief of staff, has carved a sumptuous life for himself as a Republican
fund-raiser and lobbyist with clients in the pharmaceutical industry. All
told, Parry represents 30 clients, including Eli Lilly, Warner-Lambert,
and Johnson & Johnson, not to mention ranking defense firms and the
Bahamas government. Parry's pharmaceutical clients have enriched Senator
Hatch's campaign coffers, and in turn Hatch lavishes his attentions on
them.
By
the time Orrin Hatch was stumping for NutraSweet in the U.S. Senate, the
Center for Disease Control in Atlanta had received 600 letters complaining
of NutraSweet's adverse effects. The National Soft Drink Association (NSDA)
had them too. "There have been hundreds of reports from around the country
suggesting a possible relationship between their consumption of NutraSweet
and subsequent symptoms including headaches, aberrational behavior, slurred
speech, etc." FDA Commissioner Arthur Hull Hayes, appointed by Ronald Reagan
in April, 1981 (moving the _New York Times_ to observe that "some industry
officials consider Dr. Hayes more sympathetic to their viewpoints than
past holders of the office"), considered such complaints "anecdotal.''
Of
course, like scores of other conservatives roaming the executive branch
in the 1980s, the ethics of Arthur Hull Hayes were entirely malleable-not
only did he approve a product based on studies that were "scientifically
lacking in design and execution," according to a report issued by _Science
Times_ in February 1985, but upon leaving the FDA he took the post of senior
medical consultant for Burson-Marsteller, the public relations firm retained
by G.D. Searle.37
Burson-Marsteller,
a huge public relations conglomerate, swelled in the 1980s by leveraging
smaller competitors -including Black, Manafort, Stone & Kelley, a lobbying
firm best known for influence peddling along the Beltway-presently outsizing
even the Hill & Knowlton empire. Typical in the aspartame story are
Burson-Marsteller's links to the intelligence community and rightwing operatives
of the GOP. Thomas Devereaux Bell, Jr., an executive officer of the firm,
is the former chairman of the Center for naval Analysis in Alexandria,
Virginia. Bell was also the executive director of Ronald Reagan's Inaugural
Ball Committee (in which capacity he ushered in the likes of Licio Gelli,
head of P2, the notorious Italian secret society). Bell's career in Washington
began in 1971 as a deputy director of Richard Nixon's Committee to ReElect
the President. He went on to serve as an administrative aide to Senator
William Brock and the Reagan transition team.38
At
the FDA, Hayes used aspartame as a political statement that the Reagan
administration was embarking on a grand voyage of conservative "regulatory
reform," sluicing through treasonous liberal constraints on "free enterprise."
Despite what one FDA scientist described as 'very serious' questions concerning
pivotal brain tumor tests, Hayes eagerly approved aspartame for use in
dry foods in July 1981.39 Three FDA scientists advised against the approval
of aspartame, citing G.D. Searle's own brain tumor tests, because there
was no proof that "aspartame is safe for use as a food additive under its
intended conditions of use. "40
Hayes
has since declined to answer any questions about his decision, which ignored
the recommendations of the FDA's own board of inquiry. He relied instead
on a study conducted by Japan's Ajinomoto, Inc.-a licensee of G.D. Searle.
Hayes acknowledged in his 1981 decision that he had only consulted a preliminary
report of the Japanese evaluation, and only *skimmed* it. More serious,
Hayes violated federal law by basing approval on the test, as it had not
been reviewed by the FDA board.41
Who
is Arthur Hull Hayes? He was no disinterested bureaucrat. True to the biochemical
theme of the aspartame story, Dr. Hayes served in the Army Medical Corps
in the 1960s. According to the _Washington Post_, Hayes was assigned to
Edgewood Arsenal at Fort Detrick, Maryland, the Army's chemical warfare
base of operations, "one of a number of doctors who conducted drug tests
for the Army on volunteers . . . to determine the effect of a mind-disorienting
drug called CAR 301,060." According to a declassified 1976 report prepared
by the Army Inspector General, Hayes had planned a research study to develop
the mind-altering CAR 301,060 as a *crowd control agent.* In 1972, Hayes
left Edgewood Arsenal, and a new plan for the experiments was drawn up
by Edgewood physicians. The 1976 report notes that similar tests had been
conducted before Hayes took charge. 42
Also
at the center of the effort to land FDA approval
of NutraSweet stood Donald Rumsfeld - "Rummy" to his friends - chairman
of G.D. Searle upon leaving the Ford administration in 1977. Rumsfeld,
the product of a wealthy Chicago suburb, was a Princeton graduate and a
Navy pilot during the Korean conflict. He entered politics as a Congressional
House aide attending night classes at Georgetown University Law School,
which is closely aligned with the CIA.43
Rumsfeld
campaigned ambitiously for Richard Nixon, who drafted him to direct the
Office of Equal Opportunity on May 26,1969. He quickly established an office
to spy on his employees in a holy crusade to flush out "revolutionaries"
said to be granting federal funds to politically subversive organizations-a
throwback to McCarthy's tantrums.44 Rumsfeld also figured in Nixon's notorious
Power Control Group, spearheaded by Charles Colson and John Ehrlichman.45
Gerald Ford named Rumsfeld executive chief of staff upon the resignation
of Al Haig. In 1986 he was named chairman of the Institute for Contemporary
Studies, a neoconservative "think tank" (read: propaganda mill) established
in 1972 by Edwin Meese and Caspar Weinberger. ICS has sponsored such opinion-shaping
projects as a study of expansions in "entitlement programs" and their erosive
effects on the economy, and a book on the uses of coercion by Communist
regimes.46 Rumsfeld, at 43, became the county's youngest secretary of defense.
For many years he has been a vocal proponent of chemical weapons.47 He
is chairman of the Rand Corp.48 In 1988, he dropped a presidential bid,
and was named a v.p. of Westmark Systems, led by past NSA Director Bobby
Ray Inman. Rumsfeld was one of Westmark's founding directors, sharing the
board with Joseph Amato, a former vice president at TRW (and a colleague
of Inman's at the National Security Agency), and Dale Frey, chairman of
the General Electric Investment Corp.49
Rumsfeld,
a veteran political operative, was an adept at the vulgar art of public
relations. He was recruited by G.D. Searle because he had "a Boy Scout
image," according to one company official.50 A house politician was precisely
what Searle needed to compensate for the damage done by independent researchers
concerned about the toxic effects of aspartame. In March 1976, an FDA task
force brought into question *all* of the company's testing procedures between
1967 and 1975. The task force described "serious deficiencies in Searle's
operations and practices which undermine the basis for reliance on Searle's
integrity." The final report of the FDA task force noted faulty and fraudulent
product testing, knowingly misrepresented findings, and instances of "irrelevant
or unproductive animal research where experiments have been poorly conceived,
carelessly executed or inaccurately analyzed."51
Richard
Merrill, the FDA's chief counsel, petitioned Samuel K. Skinner U.S. Attorney
for the northern district of Illinois, for a grand jury investigation of
Searle's "willful and knowing failure" to submit required test reports,
and for "concealing material facts and making false statements" in reports
on aspartame submitted to the agency.52 Yet industry analysts, interviewed
by the _Wall Street Journal_ six months after Rumsfeld's appointment as
chairman, noted a rapid turnabout in Searle's fortunes as a result of his
direction.53
Searle
denies that Chairman Rumsfeld ever had any contact with the FDA, or the
Carter and Reagan administrations, to lobby for aspartame.54 But the _Wall
Street Journal_ article reported in 1977 that Rumsfeld "keenly understands
the importance of a public image. So he has been mending fences with the
FDA by personally asking top agency officials what Searle should do to
straighten out its reputation." Westley M. Dixon, Searle's vice chairman,
told the _Journal_ that without Rumsfeld "we wouldn't have gotten approval
for Norpace," a drug investigated by the FDA in 1975.55
The
grand jury investigation of Searle disintegrated in January, 1977 when
the FDA formally requested that Samuel Skinner, U.S. attorney and a protege
of Illinois Governor James Thompson, investigate the firm for falsifying
and withholding aspartame test data. A month later, Skinner met with attorneys
from Searle's Chicago law firm, Sidley & Austin. Jimmy Carter ascended
to The presidency a few weeks later. He announced that Skinner would not
be asked to remain in office, but the outgoing Republican wasn't found
wanting for employment. He informed reporters that he had already begun
"preliminary discussions" with Sidley & Austin.56
G.D.
Searle and Sidley & Austin are Siamese Twins. Edwin Austin, a senior
partner in the law firm, was appointed to the Illinois Supreme Court in
1969. The Searle family drew upon his services extensively, and he taught
Sunday school in Wilmette, a Chicago suburb, as did Dr. Claude Howard Searle,
whose father cofounded the pharmaceutical house.
The
firm is grafted to the beating heart of the Republican party. Morris Leibman
of Sidley & Austin was for many years chairman of the American Bar
Association's "Standing Committee on Law and National Security," a position
that won him Reagan's Medal of Freedom in 1981.57
John
E. Robson, head of Sidley & Austin's Washington office, was appointed
executive vice-president of Searle & Co. in 1977, the same year Skinner
was named a partner in the law firm. Robson, too, was active in Republican
politics. He was the first General Counsel of the Department of Transportation,
and at the behest of Gerald Ford in 1975, chairman of the Civil Aeronautics
Board.58 He moved on to Searle, and stayed with the company until it was
bought outright by Monsanto in 1985. Howard Trienens, a law clerk to the
late chief Justice Vinson in the early 1950s, was a G.D. Searle director
and worked for Sidley & Austin since 1949.59 Archconservative California
Governor George Deukmejian joined Sidley & Austin's Los Angeles branch
upon leaving office in 1991, and is reportedly making a "very comfortable"
living. He has a keen "sense" for bringing in corporate clients, a partner
in the firm told the Los Angeles Times, many of them past contributors
to his campaign fund. Deukmejian's business connections have given him
a reputation as a Sidley & Austin "rainmaker," but the L.A. City Council
has questioned his ethics in promoting a contract with Sumitomo Corp. on
a metropolitan railway project.60 Searle aside, Sidley & Austin has
served some of the most notorious special interests in the country. The
firm lobbied overtime, for instance, on behalf of Charles Keating's Lincoln
Savings & Loan, and provided counsel on tax issues and dealing with
federal authorities. The firm assisted Keating when Lincoln was foundering,
and curried political favor to keep the S&L operating despite massive
debts. As a result, the firm was forced to settle with Lincoln depositors
in 1991, agreeing to cover an excess of $40 million in claims.6l Sidley
& Austin also represented the AMA when a group of drugstore chains
sued seven drug makers-including Searle-for price fixing and antitrust
violations. The lawsuit, filed in October 1993, amounts to billions of
dollars in compensation.62
Skinner
recused himself from the Searle prosecution four months before leaving
offtce-asking, in a memo to subordinates, that the matter be kept "confidential
to avoid any undo embarrassment"-a stall that nearly allowed the statute
of limitations to expire. William Conlon, a senior U.S. attorney, inherited
the case. He eased off, citing case load pressures, and gave a deaf ear
to complaints of delays from the Justice Department, which urged that a
grand jury be convened to prosecute Searle for falsifying NutraSweet test
data. In January, 1979, Conlon too joined Sidley &
Austin.63
The
33-page letter from Merrill to Skinner charged Searle with criminal fraud
in its animal test results. In 1984 Common Cause asked Dan Reidy of the
U. S. attorney's office how the investigation had stalled. Reidy replied
that because it was a grand jury investigation, he was "bound by law to
secrecy." A Searle spokesman exploited the demise of the grand July claim
that there was "no validity to the charges, that the company had been "exonerated."
Philip Brodsky, an investigator for the FDA, expressed surprise that Searle
hadn't been indicted. "I thought surely they would prosecute them," he
said.64
Eleven
years later Senator Metzenbaum issued a press release charging Skinner
with stalling the criminal investigation as he prepared to decamp from
office. Metzenbaum and his staff demanded an FBI investigation of Skinner's
mishandling of the case. In December 1988, the conflict-of-interest bombshell
blew up in the face of newly elected George Bush, who was about to appoint
Skinner to the position of Transportation Secretary.65
Like
most of the Machiavellians in the NutraSweet story, Samuel Knox Skinner
kept company with hardright Republicans. He entered politics as a campaign
volunteer for Barry Goldwater. 66 In 1975, he was appointed to Federal
Prosecutor in Chicago by President Ford. Sidley & Austin promoted him
to senior partner after only one year with the firm. Skinner was the director
of George Bush's presidential campaign in Illinois. On occasion he was
berated for his involvement with the state's Republican apparatus: In 1987,
for instance, the Chicago SunTimes linked him with a clutch of lawyers
close to Governor Thompson, who were awarded lucrative assignments handling
the affairs of financially crippled insurance companies. Skinner was a
leading light of the Illinois Fraud Prevention Commission -he targeted
welfare cheats (as opposed to white-collar criminals in the drug industry)-and
President Reagan's Commission on Organized Crime. In December 1991, he
left Transportation to take the position of President Bush's Chief of Staff.67 |