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CORNUCOPIA, WI - In a strong departure from
Bush-era policy, the USDA's National Organic Program released a memo
today
banning synthetic "accessory nutrients" - ending a scandal that
brought down its former organic leadership.
At issue were some of the nation's leading
manufacturers of infant
formula that had been illegally adding synthetic forms of omega-3 and
omega-6
oils to their organic products after a sweetheart deal between a
powerful
industry lobbyist and Dr. Barbara Robinson, the former head of the
USDA's
organic program-exposed by a 2009 investigative report in the Washington Post.
Documents obtained through the Freedom of
Information Act (FOIA), by
The Cornucopia Institute and shared with the Washington
Post, indicated that Robinson, after meeting with Jay
Friedman, a
lawyer and lobbyist with the powerful Washington law firm of Covington
Burling,
rescinded a ruling made by USDA career civil servants who found the
inclusion
of synthetic oils in organic infant formula to be illegal.
"Justice prevailed in this matter but it took a
change in the
administration in Washington
to make this happen," said Mark A. Kastel, Codirector of The Cornucopia
Institute.
Problems and improprieties at the National
Organic Program, during the
Bush administration, were also profiled in a recently released audit
from the
USDA's Inspector General's office.
Cornucopia, an organic industry watchdog, first
investigated the use of
these "novel" nutritional oils, derived from soil fungus and algae,
in infant formula, because they are extracted using a neurotoxic
chemical,
hexane, which is explicitly banned in organic production. "We
couldn't understand why the USDA was allowing this to happen," Kastel
said.
Congress passed the Organic Foods Production
Act, as part of the 1990
farm bill, charging the USDA with defending the interests of ethical
industry
participants and protecting organic consumers against fraud.
Cornucopia researchers were shocked when they
started investigating the
DHA/ARA oils, manufactured by Martek Biosciences Corporation, Columbia,
MD,
and found they were implicated by parents and healthcare professionals
in
severe and chronic health problems in infants around the country.
"Organics should be the last bastion of pure,
natural and
unadulterated food for consumers," said Charlotte Vallaeys, lead author
of
Cornucopia's report, Replacing
Mother --
Imitating Human Breast Milk in the Laboratory: www.cornucopia.org
Through a separate FOIA request to the FDA,
Cornucopia learned that
there was an apparent correlation between the use of Martek's
nutritional oils
and severe gastrointestinal problems sometimes resulting in
highly-invasive
testing procedures and hospitalizations.
"Based on FDA adverse reaction reports, we
discovered that many
parents, physicians and healthcare practitioners found that chronic
problems
with infants, often resulting in 'failure to thrive,' acute
dehydration (caused by dangerous diarrhea/vomiting) and severe emotional
stress
on the babies and their families, were often immediately resolved when
switching to formula without DHA/ARA supplementation," stated Vallaeys.
After learning about the health problems,
Cornucopia immediately
stepped up its legal efforts at the USDA to remove Martek's oils not
only
from organic infant formula, but also from organic baby food and organic
milk
manufactured by the nation's leading brand, Horizon, owned by the dairy
giant
Dean Foods.
"It's concerning enough that these Martek oils
are being
widely introduced in the marketplace, in both organic and conventional
products, but there is no authoritative research that suggests they
actually
benefit children's development, as is claimed by the industry," said
Marsha Walker, RN, IBCLC, Executive Director of the National Alliance
for
Breastfeeding Advocacy.
Infant formula manufacturers like Enfamil (Mead
Johnson) promote their
products as being "our closest formula to breast milk," and
research indicates such advertisements might have discouraged some women
from
breastfeeding, which is universally recognized as being superior to
formula in
numerous ways, including for the health and development of babies.
"This seems to be a crass marketing gimmick,
using our children as
guinea pigs to enhance the bottom line at the major pharmaceutical
companies
that manufacture infant formula," lamented Kastel. "The fact
that this material is being illegally added to certified organic formula
is
highly repugnant and left mothers, who could not breastfeed for whatever
reason, with few alternatives in the marketplace."
Over the past few years, infant formula
manufacturers have raised their
prices after adding Martek oils to their products. With the exception
of
some prescription formulas, available with approval from pediatricians,
only
one over-the-counter formula is available without synthetic DHA/ARA, Baby's Only, an organic product
manufactured by Nature's One in Columbus,
Ohio.
"After today's official announcement by the
USDA, all other
organic formula manufacturers will need to remove Martek's oils from
their products," Cornucopia's Vallaeys stated.
In the meantime, The Cornucopia Institute also
has filed petitions with
the FDA requesting that their Generally Recognized as Safe (GRAS)
designation
for the Martek oils be revoked.
"When Martek's additives were originally
granted GRAS
status, it was with extreme reservations on the part of the FDA review
panel
because of adverse reactions to these oils" said Valleys.
"When we reviewed FOIA documents, we were astonished to find that none
of the
infant formula manufacturers had complied with the FDA's request to
monitor adverse reactions and perform post-market surveillance of these
materials."
Like baking soda or any other synthetic
ingredient that manufacturers
would like to use in organic products, Martek and the infant formula
manufacturers who would like to use synthetic DHA/ARA oils will now be
allowed
to petition the National Organic Standards Board for a safety review.
Cornucopia projects an aggressive lobbying fight with public interest
groups
and powerful manufacturers once again squaring off.
"We have to say we are continuing to be
impressed by the ethical
turnaround at the USDA, in their oversight of the organic industry,
since the
new administration took control in Washington and Secretary Vilsack
promised
members of the organic community that he would appoint leadership who
'shares our values," Kastel affirmed.
According to The Cornucopia Institute, widely
recognized as one of the
industry's most aggressive independent watchdogs, organic consumers have
every
reason to feel more confident every day in the integrity of the USDA
organic
label.
The Cornucopia Institute, a Wisconsin-based nonprofit farm policy research group, is dedicated to the fight for economic justice for the family-scale farming community. Their Organic Integrity Project acts as a corporate and governmental watchdog assuring that no compromises to the credibility of organic farming methods and the food it produces are made in the pursuit of profit.
"Coal is a disaster for our health, our wallets, and the planet," said one environmental lawyer.
U.S. President Donald Trump on Tuesday signed multiple executive orders that aim to boost the coal industry, a move that critics denounced as "reckless" and "breathlessly stupid" even before the orders were officially unveiled.
Among the orders signed Tuesday, Trump directed U.S. Secretary of the Interior Doug Burgum to acknowledge the end of a moratorium that had halted new coal leasing on public lands and to prioritize coal leasing and related activities, and also directed U.S. Secretary of Energy Chris Wright to determine whether coal used in steel production can be considered a "critical material." According to Reuters, permitting this classification would pave the way for the administration to use emergency powers to boost production.
Trump also paused environmental regulation imposed under former President Joe Biden that applied to certain coal-burning power plants thereby purportedly "safeguarding the nation's energy grid and security, and saving coal plants from closure."
Additionally, one order directed the "Energy Department to develop a process for using emergency powers to prevent unprofitable coal plants from shutting down in order to avert power outages," according to The New York Times, a move that may face court challenges.
Jill Tauber, vice president of litigation for climate and energy at the green group Earthjustice, said Tuesday: "Coal is a disaster for our health, our wallets, and the planet. President Trump's efforts to rescue failing coal plants and open our lands to destructive mining is another in a series of actions that sacrifices American lives for fossil fuel industry profit. Instead of investing in pollution, we should be leading the way on clean energy."
"The only way to prop up coal is to deny reality, and the reality is that people no longer rely on coal because it's expensive, unreliable, and devastating to public health," said Julie McNamara, an associate policy director with the Union of Concerned Scientists, in a statement on Tuesday.
"Instead of supporting the economy-boosting clean energy transition that maintains widespread public support across the country, President Trump is relentlessly attempting to tear it down."
Trump has vowed to support what he calls "beautiful, clean coal," though the industry has been in decline for years. Coal-fired electricity generation has dropped from 38.5% of the country's generation mix in 2014 to 14.7% in 2024, according to a 2025 factbook from BloombergNEF and the Business Council for Sustainable Energy. Coal is also the dirtiest fossil fuel.
The executive order builds on previous moves by the Trump administration. Last month, Environmental Protection Agency Administrator Lee Zeldin announced an effort to rollback a host of EPA regulations, including some that will impact coal producers.
On the first day of his second term, Trump declared a "national energy emergency" intended to help deliver on his campaign pledge to "drill, baby, drill." That emergency defined energy to include oil, natural gas, uranium, coal, biofuels, geothermal, flowing water, and critical minerals—but it omitted solar and wind.
Reporting earlier Tuesday indicated that Trump would sign an order invoking presidential emergency authority to force coal-fired power plants to stay open.
In a statement released in response to that reporting, Tyson Slocum, energy program director at the watchdog Public Citizen, said: "Reviving or extending coal to power data centers would force working families to subsidize polluting coal on behalf of Big Tech billionaires and despoil our nation's public lands."
"Coal kills. In the last two decades, nearly half a million Americans have died from exposure to coal pollution," said Ben Jealous, executive director of the environmental organization the Sierra Club in a statement on earlier on Tuesday, also in response to reports that executive orders were forthcoming.
In another move that generated swift criticism, Trump signed an executive order on Tuesday directing U.S. Attorney General Pam Bondi to investigate state policies that are aimed at confronting the climate crisis and to take action to stop enforcement of those laws.
According to The Washington Post, it is unclear what authority would the agency would rely on. The order specifically calls out state climate superfund laws in New York and Vermont.
"President Trump's executive order weaponizes the Justice Department against states that dare to make polluters pay for climate damage," said Cassidy DiPaola, communications director of Make Polluters Pay—a campaign to build public support for climate litigation—in a statement on Wednesday.
"This is the fossil fuel industry's desperation on full display—they're so afraid of facing evidence of their deception in court that they've convinced the president to launch a federal assault on state sovereignty. We are watching corporate capture of government unfold in real time," DiPaola added.
"The Trump administration's political efforts to use immigrants' tax data against them should send chills down the spine of every U.S. taxpayer who disagrees with this administration," said one watchdog.
The acting commissioner of the Internal Revenue Service is reportedly expected to resign over a new agreement that would allow the tax agency to give immigration authorities access to highly sensitive data to aid U.S. President Donald Trump's lawless mass deportation campaign.
Numerous outlets reported late Tuesday that Acting IRS Commissioner Melanie Krause and other top agency officials intend to leave their positions imminently, news that comes in the heat of tax season. Krause is the third person to lead the IRS since the start of Trump's second term, and the president's pick to lead the agency, Billy Long, has yet to receive a Senate confirmation hearing.
Central to Krause's decision to leave her role was reportedly a deal between Treasury Secretary Scott Bessent, who oversees the IRS, and Homeland Security Secretary Kristi Noem, who oversees Immigration and Customs Enforcement (ICE).
Under the deal, a redacted version of which was disclosed in a Monday court filing, ICE officials "can ask the IRS for information about people who have been ordered to leave the United States or whom they are otherwise investigating," The New York Timesreported. The newspaper characterized the agreement as "a fundamental departure from decades of practice at the tax collector, which has sought to keep information submitted by undocumented immigrants confidential."
"Undermining the legal protections for sensitive taxpayer information is dangerous, and Krause's resignation signals the severity of this unconscionable move by the Trump administration."
Lisa Gilbert, co-president of the watchdog group Public Citizen, said in a statement that Krause's impending resignation "highlights concerns about the ethics and legality of the deal." The Public Citizen Litigation Group is representing advocacy groups that are suing the Trump administration in an effort to prevent ICE from accessing taxpayer information.
"Our laws were intended to keep taxpayer data confidential," said Gilbert. "This backroom deal by Secretary Bessent and Secretary Noem, partly disclosed in a court filing, violates those laws. The Trump administration's political efforts to use immigrants' tax data against them should send chills down the spine of every U.S. taxpayer who disagrees with this administration. Undermining the legal protections for sensitive taxpayer information is dangerous, and Krause's resignation signals the severity of this unconscionable move by the Trump administration."
The Washington Postreported that the deal comes after Treasury Department officials "sought to circumvent IRS executives so immigration authorities could access private taxpayer information," efforts that "largely excluded Krause's input."
Krause found out about the deal between Bessent and Noem "after representatives from the Treasury Department released it to Fox News," according to the Post.
Trump immigration officials' push for sensitive data on millions of people has left undocumented immigrants fearful of filing taxes this year. The Institute on Taxation and Economic Policy estimates that undocumented immigrants paid nearly $97 billion in federal, state, and local taxes in 2022, with $59.4 billion of that total going to the federal government.
U.S. Sen. Ron Wyden (D-Ore.), the top Democrat on the Senate Finance Committee, warned over the weekend that "even though the Trump administration claims it's focused on undocumented immigrants, it's obvious that they do not care when they make mistakes and ruin the lives of legal residents and American citizens in the process."
"A repressive scheme on the scale of what they’re talking about at the IRS would lead to hundreds if not thousands of those horrific mistakes," said Wyden, "and the people who are disappeared as a result may never be returned to their families."
A spokesperson for the news agency said the ruling "affirms the fundamental right of the press and public to speak freely without government retaliation."
A federal judge appointed by U.S. President Donald Trump during his first term ruled Tuesday that the White House cannot cut off The Associated Press' access to the Republican leader because of the news agency's refusal to use his preferred name for the Gulf of Mexico.
"About two months ago, President Donald Trump renamed the Gulf of Mexico the Gulf of America. The Associated Press did not follow suit. For that editorial choice, the White House sharply curtailed the AP's access to coveted, tightly controlled media events with the president," wrote Judge Trevor N. McFadden, who is based in Washington, D.C.
Specifically, according to the news outlet, "the AP has been blocked since February 11 from being among the small group of journalists to cover Trump in the Oval Office or aboard Air Force One, with sporadic ability to cover him at events in the East Room."
The AP responded to the restrictions by suing White House Chief of Staff Susie Wiles, Deputy Chief of Staff Taylor Budowich, and Press Secretary Karoline Leavitt, "seeking a preliminary injunction enjoining the government from excluding it because of its viewpoint," McFadden noted in his 41-page order. "Today, the court grants that relief."
The judge explained that "this injunction does not limit the various permissible reasons the government may have for excluding journalists from limited-access events. It does not mandate that all eligible journalists, or indeed any journalists at all, be given access to the president or nonpublic government spaces. It does not prohibit government officials from freely choosing which journalists to sit down with for interviews or which ones' questions they answer. And it certainly does not prevent senior officials from publicly expressing their own views."
"The court simply holds that under the First Amendment, if the government opens its doors to some journalists—be it to the Oval Office, the East Room, or elsewhere—it cannot then shut those doors to other journalists because of their viewpoints," he stressed. "The Constitution requires no less."
McFadden blocked his own order from taking effect before next week, giving the Trump administration time to respond or appeal. Still, AP spokesperson Lauren Easton said Tuesday that "we are gratified by the court's decision."
"Today’s ruling affirms the fundamental right of the press and public to speak freely without government retaliation," Easton added. "This is a freedom guaranteed for all Americans in the U.S. Constitution."
NPRreported that "an AP reporter and photographer were turned back from joining a reporting pool on a presidential motorcade early Tuesday evening, almost two hours after the decision came down."