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?

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