Day 039 - 20 Oct 94 - Page 18
1 botched your study was. If it showed carcinogenicity in
2 animals the Delaney amendment meant it was out. So, do you
3 see?
4 A. The Delaney amendment has in the interim been
5 repeatedly interpreted quite liberally, so that, for
6 example, there is no dispute but that saccharin causes
7 bladder cancer in male rats. Yet, notwithstanding the
8 Delaney amendment, saccharin remains on the market in the
9 United States.
10
11 The argument in the interim in respect of Amaranth in the
12 US has been whether the test provided reasonable grounds
13 for thinking that it was an animal carcinogen, in which
14 case the Delaney amendment applies. If such reliable data
15 as could be extracted from the Collins FDA study did not
16 indicate carcinogenicity, then the Delaney amendment does
17 not apply.
18
19 MR. JUSTICE BELL: Yes. I understand that. We will have a
20 five-minute break.
21
22 (Short Adjournment)
23
24 MR. MORRIS: Just before we leave Amaranth -- have you finished
25 with Amaranth generally?
26 A. I am willing to answer more questions about Amaranth,
27 but, as your Lordship indicated, it was inappropriate for
28 me to gratuitously reiterate what was in my statement.
29
30 Q. There are things which are particularly significant,
31 especially in the light of Professor Walker's observations,
32 but anything in particular that you left out?
33 A. Of my spoken remarks here or the written ----?
34
35 Q. From your statement. You do not have to go through every
36 line.
37 A. I cannot think of anything else I wish to add to my
38 written statement. There are aspects of it on which I can
39 comment, if you would like me to.
40
41 Q. Something that struck my mind as far as the Russian study
42 is concerned -- we do have a copy of that at No. 10 in
43 Russian.
44
45 MR. JUSTICE BELL: In Russian?
46 A. With an English summary at the end.
47
48 MR. MORRIS: With an English summary. No. 10. Have you seen
49 it? I think it is something we managed to get from the
50 Science Reference Library.
51 A. No. The one you obtained from the Science Reference
52 Library was No. 11. No. 10 I provided.
53
54 Q. You have written "very important".
55 A. No, that is not my handwriting. That is, in fact, the
56 handwriting of one of my research students. He has now got
57 his doctorate. His doctorate reviewed in immense detail
58 the toxicity of Amaranth. He is a Russian speaker.
59
60 Q. But you are not, presumably?
