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Tuesday, April 3,1990
The Battalion
Page 11
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Convicted killer’s
WASHINGTON (AP) — The
Supreme Court on Monday re
fused to let California carry out
its first execution in 23 years, let
ting stand an order that blocks a
murderer’s Tuesday trip to the
state gas chamber.
By a 6-3 vote, the court re-
I jected an emergency request from
state authorities who wanted to
execute Robert Alton Harris on
schedule.
A federal appeals court judge,
Friday, had ordered the execu
tion postponed, ruling that more
study of Harris’ mental condition
maybe needed.
Judge John Noonan of the San
Francisco-based 9th U.S. Circuit
Court of Appeals said Harris
should be kept alive until a three-
judge appeals court panel studies
whether his lawyers or the psychi
atrists they hired were incompe
tent in failing to have him tested
for brain damage and other se
rious mental disorders.
Harris was convicted of killing
two San Diego boys in 1978. The
nation’s highest court had ruled
against him four times pre
viously.
California Attorney General
John Van De Kamp sought to
have Noonan’s order set aside,
and his emergency request was
submitted to Justice Sandra Day
O’Connor. She referred it to the
full Supreme Court.
The court voted to deny the
state’s request.
H
arris was convicted of
killing two San Diego
boys in 1978. The
nation’s highest court
had ruled against him
four times previously.
order read: “The application of
the attorney general of
California to vacate the (appeals
court) order, dated March 30,
1990, staying the execution of
sentence of death, presented to
Justice O’Connor and by her
referred to the court is denied.”
American Heart Association refocuses program
execution blocked FDA pressures group to drop labels
by Supreme Court
Associated Press
The American Heart Association plans to dis
continue its controversial HeartGuide food label
ing program but will continue to work for better
food labeling regulations, the association’s presi
dent said Monday.
HeartGuide, under development since 1987
and introduced this year, was an attempt by the
heart association to put a comprehensive label —
a red heart with a checkmark on it — on products
considered best for preventing heart disease.
Food companies, at a fee ranging from
$ 15,000 to $600,000, could submit their products
for testing for cholesterol, sodium and saturated
fat contents. Products which met heart associa
tion guidelines would get the HeartGuide seal of
approval for their packaging.
Under pressure from the Food and Drug Ad
ministration, however, the association said Mon
day it would drop the labeling portion of the pro
gram and concentrate on nutrition education
and clearer federal labeling standards.
“The FDA has made it clear it is against third-
party endorsements,” Howard Lewis, director of
health and science news for the heart association,
said. “The government’s only concern was that
they did not like third party organizations enter
ing into an area where they had legal responsibil
ity.”
“We’re pleased they responded to our con
cerns,” FDA spokesman Jeff Nesbit said.
The FDA sent a letter to the association Friday
saying it could not support the HeartGuide label
ing program. That followed a warning letter in
February threatening regulatory action. The
program was launched in January.
The U.S. Department of Agriculture also re
regulates, which included meat, poultry and fro
zen dinners.
Heart association president Myron L. Weis-
feldt of Baltimore said the association would an
nounce a revamped HeartGuide program this
summer, focusing on education, “with added em
phasis on legislative and regulatory actions,” for
clearer food labeling.
Consumer groups such as the Center for Sci
ence in the Public Interest said they were con
cerned that the HeartGuide labeling would lull
consumers into thinking that foods with the
HeartGuide seal were good for all disease pre
vention, notjust for heart disease.
It’s believed food low in saturated fat, sodium
and cholesterol are best for reducing the risk of
heart disease.
“The seal of approval was somewhat narrow,”
Bonnie Liebman, director of nutrition for CSPI,
said. “It looked only at whether the food was
good for your heart. Foods like vegetable oils,
margarines and some oils, they’re low in satu
rated fat and sodium, but we’ve been urged to
cut back on all fats, notjust saturated fats, to re
duce the risk of cancer.”
Consumer groups also complained about the
fairness of the ratings given the price tag for par
ticipating. There was concern that an approved
product, made by a company that paid to partici
pate in the HeartGuide program, would be pre
ferred by shoppers over an identical product that
was not entered for a seal.
The fees were to be used for a toll-free hotline
and nutrition awareness programs, which will
continue, the association said.
Weisfeldt said the heart association was en
couraged that the FDA plans to overhaul the
government’s labeling program.
“HeartGuide was developed in response to re
peated appeals by consumers for more nutrition
information,” Weisfeldt said in a statement. “We
will be watching developments closely to ensure
the FDA moves quickly to meet American con
sumers’ needs.”
Liebman was skeptical. “The FDA has actually
said that it plans to improve food labels, but that
could take another decade or two,” she said.
Nonetheless, she called HeartGuide a “noble
attempt” to clarify food labeling and that the
“FDA pulled the rug out from under the heart
association.”
“If there’s any victim, it’s the befuddled con
sumer who’s still trying to make heads or tails out
of food labeling. I’m a nutritionist and I have
trouble figuring out what’s what at the supermar
ket.”
I he government’s only concern
was that they did not like third party
organizations entering into an area
where they had legal responsibility.”
— Howard Lewis,
American Heart Association
Products that had received the HeartGuide
seal were Mazola Margarine and cooking oil;
Devonsheer Melba Toast and Melba crackers,
All-Natural Pam Cooking Spray; Colavita Extra
Virgin Olive Oil, Heart Beat Margarine and
Canola Oil; Saffola Quality Foods Safflower Oil,
Hanover Fresh Classics frozen vegetables, and
Promise spreads.
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