The $36 million No on 37 campaign, bankrolled by $20 million from the world’s six largest pesticide companies, has been caught in yet another lie, this time possibly criminal.

These companies and their allies in the junk food industry know that their profit margins may suffer if consumers have a choice whether to purchase genetically engineered foods or not.  And that’s why opponents are spending nearly a million dollars per day trying to make Prop 37 complicated. But really it’s simple – we have the right to know what’s in our food.

To date, the No on 37 campaign has been able to repeat one lie after another with near impunity. But has this pattern of deceit finally caught up to it?

Yesterday, the Yes on 37 campaign sent letters to the U.S. Department of Justice requesting a criminal investigation of the No on 37 campaign for possible fraudulent misuse of the official seal of the U.S. Food and Drug Administration (FDA).  

The No on 37 campaign affixed the FDA’s seal to one of the campaign’s mailers. Section 506 of the U.S. Criminal Code states: “Whoever…knowingly uses, affixes, or impresses any such fraudulently made, forged, counterfeited, mutilated, or altered seal or facsimile thereof to or upon any certificate, instrument, commission, document, or paper of any description…shall be fined under this title, or imprisoned not more than 5 years, or both.”

The letter also provides evidence that the No on 37 campaign falsely attributed a direct quote to the FDA in the campaign mailer. Alongside the FDA seal, the mailer includes this text in quotes. “The US Food and Drug Administration says a labeling policy like Prop 37 would be ‘inherently misleading.” The quote is entirely fabricated. The FDA did not make this statement and does not take a position on Prop 37.

In addition, the three identified authors of the “Rebuttal to Argument in Favor of Proposition 37” include a Dr. Henry I. Miller, who is identified solely as “Founding Director, Office of Biotechnology of the Food & Drug Administration.” Dr. Miller in fact, does not currently work for the FDA in any capacity – as millions of California voters have been erroneously led to believe.

This is not the first blatant act of deception that the No on 37 campaign has been caught perpetrating on the citizens of California – particularly relating to their “top scientist” Dr. Henry Miller.

Consider Miller’s growing “rap sheet”:

• On Oct. 4 the No on 37 campaign was forced to pull its first ad off the air and re-shoot it after they were caught misrepresenting Miller as a doctor at Stanford University  when he is actually a researcher at the Hoover Institute on Stanford’s campus, as the Los Angeles Times reported.

• Last week, the campaign was reprimanded by Stanford again for misrepresenting the university in a mailer that went out to millions of voters. And this week, the campaign was caught sending out yet another deceptive mailer involving the University.

In addition to allowing his university affiliation to be repeatedly overblown, Miller has a sordid history of parroting the talking points of some of the world’s most notorious corporate bad actors: he’s a founding member of a now defunct tobacco front group that tried to discredit the links between cigarettes and cancer, he’s repeatedly called for the reintroduction of DDT – known to cause premature birth, fronted for an oil industry funded climate change denial group for Exxon, claimed that people exposed to radiation from the Fukushima nuclear power plant disaster “may have benefited from it”, and attacked the US Food and Drug Administration’s efforts to ensure proper vetting and testing of new drugs safety while urging it to outsource more of its functions to private industries.

This is the man the No on 37 campaign has portrayed to voters as an arbiter of good science and promoted as an expert worthy of our trust. In reality, Miller is nothing more than a corporate shill that will say whatever his paymasters ask him to, be it Exxon, Phillip Morris, Monsanto, or DuPont.

Does the No on 37 campaign stand behind Miller’s fringe views on tobacco, climate change, nuclear radiation and DDT?

But this pattern of deceit doesn’t end with Miller:

• On Oct. 5, the Academy of Nutrition and Dietetics, the nation’s largest professional association for nutritionists and dieticians, accused the No on 37 campaign of misrepresenting its position and misleading voters in the official California Voter’s Guide that went to 11 million voters.

• And the anti-Proposition 37 ads that are now blanketing the state have been described as misleading by the San Jose Mercury News, Sacramento Bee, and San Francisco Chronicle.

Perhaps these latest revelations will prompt the mainstream press to begin focusing their attention on the No on 37 campaign’s pattern of deceptions – including a potentially criminal act – rather than on easily discredited pesticide industry Prop 37 “red herrings” like common sense exemptions, phony lawsuit scares, bogus “big bureaucracy claims”, and “cost increase hysteria”.

So who should we trust?

Who should we trust when it comes to our right to know what’s in the food we eat: Monsanto, DuPont, and Henry Miller or the millions of California consumers and leading consumer, health, women’s, faith-based, labor and other groups; 61 countries that already require GMO labeling; and a growing stack of peer-reviewed research linking genetically engineered foods to health and environmental problems?

Who has our best interests at heart, the pesticide and junk food industry, or Prop 37 supporters like Consumers Union, California Nurses Association, California Democratic Party, California Labor Federation, United Farm Workers, American Public Health Association, Consumers Union, Sierra Club, Whole Foods Market, California Council of Churches, Organic Consumers Association, Center for Food Safety, Consumer Federation of America, Public Citizen, and Food Democracy Now!?

To defeat their $1 million a day of discredited falsehoods blanketing California’s airwaves we need your help to fuel our grassroots effort and Contribute here, or follow us on Facebook and Twitter.

The people’s movement for our right to know what’s in our food has hit a critical fork in the road: the moment when it’s time to ask ourselves and each other — how hard are we willing to fight for our basic right to know what’s in the food we’re eating and feeding our families?

Proposition 37 is the  litmus test for whether there is actually a food movement in this country, writes Michael Pollan in an article to appear in Sunday’s New York Times Magazine. It may also be the litmus test for whether there is democracy left in this country.

After months of sky-high support in the polls, just 10 days of relentless pounding propaganda by the pesticide industry has made a significant dent in support for Proposition 37 and our right to know if our food is genetically engineered.

So worried are the pesticide companies about California consumers having labels on genetically engineered foods that they are spending one million dollars a day flooding the airwaves with a tidal wave of deception about Prop 37.

As proof of the dishonest tactics in play, in just the past week, the anti-consumer No on 37 campaign has been accused of misleading voters by Stanford University (twice), the Academy of Nutrition and Dietetics and by three major newspapers.

Yet most voters are seeing only one face and hearing only one voice in the debate about Prop 37 – that of notorious pesticide-industry front man Henry Miller. Who is Henry Miller? And can easily discredited pesticide-industry lies really win an election?



Easily Discredited Pesticide-Industry Lies

Hour after hour in every media market across the state, Henry Miller appears on TV to explain his views about Proposition 37. The ad campaign was exposed as dishonest at the outset, when Stanford University forced the anti-Prop 37 campaign to yank the ad because it falsely identified Miller as a doctor at Stanford (he is actually a researcher at the Hoover Institution), and used images of Stanford’s vaulted buildings to push a political position in violation of university policy.

The edited ad was soon back on the air — one viewer in San Francisco reported seeing it 12 times in one day — pounding voters with Henry Miller’s message that Prop 37 “makes no sense.” But a lot of things that make sense to the rest of us don’t make sense to Henry Miller: for example, that DDT was banned for a reason, or that exposure to radioactive elements after a nuclear power plant meltdown is not a health benefit. (Read all about the extreme views of the No on 37 science spokesperson here.)

Henry Miller is the perfect poster guy for the lack of credibility of the pesticide giants’ campaign against our right to know what’s in our food.  Who are they going to trot out next, the president of the Flat Earth Society?

The only honest thing about the No on 37 ads is the disclaimer that tells us who’s funding this campaign of deception — Monsanto and Dupont, the same companies that told us DDT and Agent Orange were safe.

Setting the Record Straight

Yet incredibly, it’s working. Henry Miller’s hypocritical script in a misleading ad campaign that was discredited as soon as it began has taken a bit hit out of the support for Prop 37.

In the ad, Miller claims the exemptions included in Prop 37 are “illogical” and included “for special interests.” As if the companies for which he is working – the biggest special interests of all – would be in favor of Prop 37 if it were even stronger.

They would not. For the record, the exemptions are common sense. They follow the trajectory of labeling bills in the Europe Union and all around the world. Prop 37 will cover the vast majority of genetically engineered foods that consumers are eating – the food on supermarket shelves.

Meat, milk and eggs would be labeled if they came from genetically engineered animals. There are no genetically engineered animals in the human food supply right now, but if there were, they would have to be labeled. Which will come in handy since the first GE animal is on its way to our dinner plates – a salmon genetically engineered with an eel to grow twice as fast. Wouldn’t you want to know if you were eating such a thing?

Because Prop 37 is designed to be simple and business friendly, it does not require labeling for cows that eat genetically engineered feed. It would not be a simple matter to track what cows eat. More to the point, that exemption is common around the world. It didn’t make sense for California to try to leapfrog over the rest of the world with our labeling law, when we have been trying to catch up with the rest of the world for 15 years.

Yes pet food would have to be labeled if it contains genetically engineered crops like corn or soy. That’s because the standard definition of food under the Sherman Act considers pet food to be food – so argue that one with the legislature.

As for other story lines the opposition is shopping — there will be no increased costs to consumers with Prop 37. Doesn’t it seem strange that these companies would spend tens of millions of dollars to convince us that adding a little ink to their labels will force them to raise the cost of groceries? And as for “shakedown lawsuits,” that makes no sense when you consider the fact that there are no incentives for lawyers to sue under Prop 37.

The only shakedown lawsuits related to this issue are the thousands of farmers Monsanto is suing for planting their own seeds to grow food. In case you missed it, consider this chilling sentence from last week’s Washington Post: Monsanto “has filed lawsuits around the country to enforce its policy against saving the seeds for the future.” Policy against the future? Sounds about right.

Pet Food for Thought

While Californians are mired in debate about pet food versus steak, the real question facing voters is this:  Are we going to allow out-of-state pesticide and junk food corporations tell us what we can and can’t know about what’s in the food we eat?

“What makes you think you have the right to know?” asks Danny DeVito in a a parody video supporting Prop 37. “Knowing if you’re buying or eating genetically engineered food is not your right.”

“Maybe move to Europe or Japan if you want that right,” says Kaitlin Olson. “Or China,” adds Dave Matthews, because, “Here in American you don’t get the right to know if you’re eating genetically modified organisms.”

Unless, unless: We demand that GMOs get labeled. Unless we vote yes on Prop 37. Unless we influence every single California voter we can to do the same.

The Yes on 37 campaign is a true people’s movement for our right to know what’s in our food. We will not be stopped. When California voters go to the polls this November, they will value their right to know what’s in their food, rather than leaving it up to the pesticide industry and Henry Miller to make those choices for us. But in order to win this, every single one of us has to fight like hell to make it happen.

So join us today on FIGHT BACK FRIDAY by taking action right now to make sure we get the right to know what we’re eating and feeding our families.

Three Things You Can Do Today



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