Sunday, September 14, 2008

Trademark ownership of "Got Breastmilk?" and PR promotion


photo by Jesse McClain, sunrise
On September 9, 2008 the California Milk Processor Board filed for the trademark, "Got Breastmilk?" Two registrations: #77565484 and 77565459. Written on the registrations are, "G & S: promoting awareness of the benefits of breastfeeding for mothers and babies." The California Milk Processor Board which in reality represents the food/dairy industry--Dean Foods, Nestle, etc--now has registered this trademark. Of course the legal questions are when did they ever use this trademark and do they ever plan to use it? Does the Trademark Office really believe that the Dairy Industry is promoting awareness of the benefits of breastfeeding? Do they really believe that the Dairy Industry plans to create goods and services that promote breastfeeding?
I hope that people will read Jennifer Laycock's response to my comments yesterday. Jennifer wrote, "What is the motivation for a company to operate with openess and transparency when someone with no facts to back them up can introduce questions and accusations like you have?
The motivation for a company to operate with openeness and transparency is called ethics. Ethics means that you willingly answer questions and respond to accusations. What Jennifer seems to be implying is that asking questions will make companies less transparent. And what company are we talking about?
I believe that many talented and gifted women donate their services to organizations, like Jennifer does for the Ohio Breastfeeding Coalition. The problem as I see it, is that being part of the PR industry, known to make and shape the public viewpoint, could cause a number of people to wonder about the organizations they represent. Is "all the world a stage?" What is the reality? We are so very critical of the PR put out by the infant formula and dairy industries. Are we doing the same thing? And why? Do we have so little faith in breastfeeding's ability to sell itself? Do we have to social market/sell breastfeeding to the public? Whose version of a breastfeeding society is being marketed? Is it an industry viewpoint (as in Medela or Prolacta), a non-profit organization's viewpoint, one particular group's viewpoint, or a personal viewpoint that gets marketed to the public? Who has the power and/or money to get their viewpoint marketed? These are important questions. But I fear in the society we now live in, this is all swept under the table. No questions, just faith that what is going on is reality. I frankly don't know what to believe or who to believe. And you know what I don't think I am alone in that assessment.
Copyright 2008 Valerie W. McClain

Saturday, September 13, 2008

The PR Game


photo by Jesse McClain "Sunrise New Smyrna Beach"
I've been reading a fascinating book called, "Toxic Sludge is Good For You!" by John Stauber and Sheldon Rampton. At one point in the book they write about how Nestle in 1980 hired Rafael Pagan and Jack Mongoven to manage the image of Nestle because of the Nestle Boycott. They developed dossiers on groups-clergy, labor unions, etc supportive of the boycott. The boycott ended in 1984 but in 1989 the boycott was renewed. Nestle then hired "Ogilvy and Mather Public Relations to develop a strategy called 'proactive neutralization,' which included plans to monitor Nestle's critics..." The back cover of this book explains what this book is all about, "This book names names and reveals how public relations wizards concoct and spin the news, organize phony 'graassroots' front groups, spy on citizens, and conspire with lobbyists and politicians to thwart democracy." I highly recommend reading this book to get a good understanding of the PR Game. Should we be shocked that Medela has hired Ogilvy Public Relations? Ogilvy and Mather and Ogilvy Public Relations are part of one huge company.
To my surprise the other day, I realized that there are many players in the PR Game. Jennifer Laycock, of the lactivist blog, is hailed at one website as "Marketer of the week-Jennifer Laycock Unleashed." They ask, "Your biggest disaster? That would have to be my Bento Yum experiment. I was writing an article series based on a hobby site and the community discovered I was a marketer and turned on me like rabid dogs."
Jennifer teaches a workshop on "viral marketing and link baiting." She was a guest blogger in a discussion on , "Church Marketing Sucks."
Now my question is, who hired her to do the lactivist blog? Who? Prolacta? Medela? A non-profit breastfeeding organization? Shouldn't we be happy that we, too, have our own PR people? Which story to believe? Is the big story of "Got breastmilk" a fabrication? Is the California Milk Processor Board really going after someone in Alaska for using the "Got Milk" trademark? AT the US Patent & Trademark Office the trademark was filed in1993 and states "No claim is made to the exclusive right to use 'milk' apart from the mark as shown." (trademark #1903879) The California Milk Processor Board owns the trademark and a man named Jeff Manning, a PR man was board director for some time (no longer). Manning is credited with the slogan, "Got Milk." While the California Milk Processor Board seems to represent dairy farmers, its board seems to represent Dean Foods, Nestle, etc.) So is this one PR stunt versus another PR stunt? How do you get to the truth? There is the rub.....Obviously, we are a society that loves our lies. We don't demand the truth from our politicians, our non-profit organizations, and we definitely don't demand that corporations tell the truth.
When I tried to sign up at various "lactivist" private group internet discussions a few years ago, I was refused permission to be on those group lists. I felt very offended. But now I understand. Lactivism seems to have started out as a PR stunt. Where does the truth reside when everyone is playing this game? Does it serve breastfeeding promotion? Or do we get lost in the subterfuge, the lies, and the games?
Copyright 2008 Valerie W. McClain

Wednesday, September 10, 2008

Words, just words


Medela is defined in wikipedia as a "breast pump company" and also "a fossil genus of spiders in the family Philodromidae." I always wondered what medela meant and now I know. I thought at one time that the breast pump company must be owned by someone named Medela.
I like spiders and the webs they weave. Outside my window the Golden Orb spider spins her web, thick and yellow. I have gotten entangled many a time in its web and everytime a sense of panic overcomes me. I find myself hopping on one foot, tearing at the yellowy strings , and getting more and more panicked. Yet, I like spiders and I am fascinated by them. Entanglements....
Medela, the breast pump company, seems to have spun a web of entanglements in the breastfeeding advocacy community. I spent this morning looking at various breastfeeding organizations in various states and lots of them list Medela as a "resource." One website I looked at listed Medela as a "professional resource." One website listed Medela as a resource but there were no other companies/businesses listed only non-profit organizations. Strange, how these websites don't see Medela as a business, a manufacturer, a maker of breastpumps and accessories. When I read the JHL (Journal of Human Lactation) some years ago, Medela often had the whole back cover...advertisement??? resource????
I have been told they still advertise in this LC professional journal. Not all professional journals accept such advertising. It is difficult to exist without it. How many Conferences, educational gathering has Medela funded or partly funded? How many organizations have been gifted with products from Medela? I know years ago that La Leche League had a breast pump program that helped leaders give pumps to those who needed them but couldn't afford them. We, in breastfeeding advocacy, are surrounded and enveloped by their generosity. How many IBCLCs owe their economic survival to Medela? But we are also ensnared at the same time. Caught by this generosity, how do we view our world, our entanglements? Medela is no longer a business out to make a profit, it is our educational resource, our professional resource. Words, just words...
Copyright 2008 Valerie W. McClain

More on Medela


Besides the patent at the European patent office and application at the US Patent Office, Medela has patent applications for "Human milk fortifiers and methods for Their production," at the World Intellectual Property Organization WO2006/026878 and at the Australian Patent Office #2005282182. One would think this be a cause for alarm in breastfeeding organizations and breastfeeding advocacy communities, but silence reigns supreme.
I think after 9 years of beating my head against the wall, I finally get it. It's called: "We don't care, we don't know, it doesn't matter, and this doesn't mean anything." Corporations love the silence because a population silenced is a good and captive audience. So onward with life as the corporate world plays the game. Patents? Who cares? So what that Medela and Prolacta have put claims on human milk? This is promotion of human milk. Yes, we IBCLCs are acknowledging their claims because life in the USA is about owning property. Ownership is power. Patents are ownership. Patents are about the right to exclude others from using their property. Patents are monopolization. Let's here it for corporate life and our media manipulators.
Yes, "Business Backs Breastfeeding." Thank you Abbott Nutrition. Thank you Medela. Thanks to the Working Mother Media for "helping women discover the joy of working motherhood every day." Thanks to the corporate world, mothers know their place in society. Be joyful at work, motherhood is wonderful when you join the corporate ladder of success. Medela hired Ogilvvy Public Relations, so the public will know their relations. Ogilvvy also has contracts with the US Government (regarding medicare and medicaid, letting the public know what the government wants them to know). I think at one time Nestle used Ogilvvy. Brave New World, its looking mighty old to me and not so brave.
Copyright 2008 Valerie W. McClain

Monday, September 8, 2008

Medela's patent withdrawn in 2007


The Medela patent EP1637043 at the European Patent Office on a human milk fortifier was withdrawn in 2007 because the examination fee was not paid on time. The navigation of the European patent office website is very complex and I just found that particular information this morning. Of course that still leaves the patent application at the US Patent Office (and the possibility that a patent or application exists at the Australian Patent Office). To view patents at the European Patent Office:
To view patents or applications (Medela application on human milk fortifer #2008187619)at the US Patent Office website:
One of the claims on the European patent state that a component in the human milk fortifier might be bovine. Hence my belief that in order to produce such fortifier it would have to be licensed out to the infant formula industry.
Human milk fortified or designed by companies is what?? Human milk?? When it competes with breastfeeding (as has happened with preterm infants), should the companies be absolved of the WHO Code because some or one of the components are human milk? Do breastfeeding advocates believe that because it contains some human milk, it is getting us closer to a breastfeeding society? Or, are designer human milks actually 10 steps away from breastfeeding? Do these questions seem like they are not relevant to the present situation? The future is far closer to us, than we like to believe. If time and energy is not devoted to this shifting perspective of infant feeding, then we will certainly see breastfeeding become a thing of the past. Designer human milk engineered especially for your baby! Impossible you say......who would think cloned milk and meat would be on our dinnertable in 2008? But there you are, our reality is melting like the polar ice caps into a sci-fi comic strip.
Copyright 2008 Valerie W. McClain

Friday, September 5, 2008

Medela's Human Milk Fortifier European Patent


Medela own's a European patent EP1637043 called "Human Milk Fortifiers & methods for their production." The inventors are Peter Hartmann et al. They also own a US patent application #20080187619 entitled with the same name and the inventors the same. This patent and its USA application seems to be making claims on components directly or indirectly derived from human milk. Thus Medela, well-known, respected breast pump company has now entered into the field of transforming breastmilk into an acceptable liquid for use with preterm infants. The question is will Medela manufacture this specialized human milk? Or will they license it out? Who has the facilities? Prolacta is already in that business and Medo owns a patent application on a standardized human milk for use in human milk fortification. So it seems very unlikely that Prolacta would be a part of this venture. It would seem far more likely that this venture will be licensed out to one of the infant formula companies.
While some might feel this endeavor--human milk fortification-- is supporting breastfeeding, I do not believe it is supportive of breastfeeding. We are already witnessing Medela's disregard of the WHO Code regarding bottles and bottle nipples. It would seem logical, particularly if they license this patent out to an infant formula maker (possibly more than one infant formula company) that the disregard would become even greater.
The need for a human milk fortifier for preterm infants is based on research that was mostly paid for by the infant formula industry. If a premise is based on monetary interests, might it be imperative that independent research revisit the question? Part of the problem of feeding human milk to premature infants is the plastic feeding tubes--the fat of human milk adheres to the tubing causing losses in energy, protein, etc. Nestle's answer to this problem is to add lecithin to human milk. I have a simpler answer to the problem. How about letting mothers of preterm infants breastfeed their babies? I recognize this is dependent on the stability of the premature infant and also whether the premature infant is younger than 34 weeks gestion. But the emphasis in US hospitals is to get moms pumping (important) but vastly more important is infant/mother contact through breastfeeding (or attempts at breastfeeding) in the hospital setting. When I worked in the WIC Program (1994-1998) breastfeeding mothers of preterm infants often had little to no breastfeeding within the confines of the NICU. I am hopeful that has changed. The emphasis was on pumping and it seems to me that even now the main emphasis is pumping and storing milk. Fortifiying the milk means to many moms that their own milk is not adequate. Thus the fortification of human milk in the early days, sets up the belief in the inadequacy of breastfeeding to sustain the growth of the infant once it goes home from the hospital. Is this really a truth? Or is part of the problem of preterm human milk caused by the inadequacy of feeding infants by artificial means--the plastic tubes, the bottles, the pumps?
We are poised at the beginning of a new industry, the human milk industry. What makes breastfeeding advocates believe that this endeavor will support breastfeeding? The basis of this industry is about the inadequacy of human milk. Thus this new industry will manipulate it to the tune of the infant formula research that shows that preterm human milk is inadequate. Is this the truth?
Copyright 2008 Valerie W. McClain

Friday, August 29, 2008

Truth or Dare: Vitamin D and breastfeeding


The current recommendation from the AAP on breastfeeding and vitamin D is that "all infants, including those who are exclusively breastfed, have a minimum intake of 200 IU of vitamin D per day beginning during the first two months of life." When an organization like the AAP makes such recommendations/policies there are winners and losers. Who are the winners and do we really want to know the losers? Winners, of course, should be our babies, our children; since this impacts their health. Are they the winners? Does supplementation of vitamin D in the exclusively breastfed infant helpful or hurtful? Is it needed? Is it needed for all or selectively? Frankly, its hard to get a good picture on this because like anything decided in the US, economic motivation is of prime consideration. The economic winners in this policy are companies that make vitamins but also the infant formula industry. (Mead Johnson/Abbott also make vitamin drops for infants)
In 2000, a study was published in the Journal of Pediatrics by researcher Shelley R. Kreiter called, "Nutritional rickets in African American breast fed infants." It made alot of headlines around the country. I remember reading the study because I had been a WIC Breastfeeding Peer Counselor Coordinator in a Florida county from 1994-1998. Breastfeeding rates for African American women in my area were very, very low. Those who did breastfeed, most often were also using infant formula. Most did not breastfeed for long. So I was very interested in how this study defined breastfeeding. The definition of breastfeeding in research is crucial in making decisions of causation. How can researchers know that breastfeeding is the cause of the rise in rickets, if the mothers were also using infant formula, water supplementation, or foods or other drinks? In this particular study, if memory serves me there was no definition of breastfeeding. So we, the readers, do not know if breastmilk was the only source of nutrition for these infants. I would suspect NOT, because initiation rates in North Carolina for African American infants in the WIC Program ranged from 18% - 30% from the years 1993-1999. Duration rates at 6 months for the WIC Program during those years hovered at around 10%. With such low duration rates, I would believe that there was alot of supplementation going on (supplementation of formula/foods cause milk supplies to drop and is often instrumental in mother's weaning because of low supply of breastmilk). If there is no definition of breastfeeding in research, then how can we believe that the rickets were caused by African American women breastfeeding their babies? We might suspect this is a cause but until we have determined that the only food or drink these babies got was breastmilk, then how can we logically, scientifically say that their is a deficiency in breastmilk? The definition of breastfeeding is critical to the understanding of causation and in this study like the studies on hiv, the researchers saw no reason to define breastfeeding. Even WIC does not define breastfeeding in its data. Breastfeeding initiation is "ever" breastfed. Ever breastfed is dependent on the accuracy of the mother's memory and the accuracy of the WIC clerk. One might assume that breastfeeding mothers who get the "full" breastfeeding packet are exclusively breastfeeding but I learned quite quickly that often clients on the WIC full breastfeeding packets would also have infant formula (either gifted to them from the hospital/doc's office, friends/family, or bought out of pocket). So reading WIC stats does not give people outside the system a real understanding of what is going on regarding infant feeding and particularly if they aren't aware of differences in breastfeeding practices, the need for definitions. One of the authors of this study, Dr. Robert P. Schwartz (funded in other studies by Mead Johnson, Genentech) is interviewed about this study and he tells the story of how he obtained the WIC statistics--a WIC Representative gave him the breastfeeding data for part of the study (not the cases themselves but the data regarding the rise of breastfeeding rates in the North Carolina WIC population). I am somewhat amazed that WIC gave away their data. I think that is somewhat unusal.
The editorial in the Journal of Pediatrics 2000 in that particular issue of the Kreiter et al study was "Vitamin D-deficient rickets: The reemergence of a once-conquered disease." At one point it states, "The reappearance of rickets may be an unintended consequence of an admirable health initiative the promotion of human milk feeding." I find the sentence rather jarring, admirable? human milk feeding? Interesting spin....There were 3 authors to this editorial and one, Reginald C. Tsang was the author of a book called, "Vitamin & Mineral Requirements in preterm infants published by Mead Johnson.
In 2001, the CDC convened a Vitamin D Expert Panel meeting to determine the CDCs final report on vitamin D supplementation of breastfeeding infants. Some of the experts/researchers have industry funding or patents that would suggest to me that vested interests may have had a part in the conclusions that were drawn. Michael F. Holick was listed as a professor at Boston University School of Medicine. No mention of his inventions to patents on vitamin D compounds or test kits to determine vitamin D levels. (patents 4661,294, 6455714, 6291693) His test kits are based on ELISA antibody tests (remember antibody tests???? false positives). Another expert was Bruce W. Hollis, who just also happens to have a patent on a test kit for vitamin D (patent # 5821020). He was listed at this CDC panel meeting as a professor of Pediatrics at the Medical School of the University of South Carolina. Frank R. Greer, CDC expert panel member, has represented the National Dairy Association's 3-A-Day for stronger bones program. He is also the secretary/treasurer to the ISRHML (International Society of Researchers of Human Milk and Lactation). He was listed as a professor of pediatrics at Meriter Hospital, Wisconsin. Bonny L. Specker, another expert, has been funded in her research by Carnation/Nestle, on Mead Jonson Advisory Board 2004, National Dairy Council. Nancy F. Krebs has had her research funded by Mead Johnson. Of note is some very thoughtful statements made by Ruth Lawrence regarding the situation of vitamin D use for exclusively breastfed infants. (how will the gut of the exclusively breastfed infants respond) But the decision was made to supplement all breastfeeding infants.
I thought it of interest that a patent published in 1981 by Abbott Labbs (patent #4308264) on vitamin D(calcitriol 1.alpha.,25-dihydroxycholecalciferol) makes some interesting statments.
"Approximately one-third of premature infants, one-third of infants with birth asphyxia and one-half infants of insulin-dependent diabetic mothers have neonatal hypocalcemia."
"Late neonatal hypocalcemia usually occurs in full term of premature infants who have been started on feedings and show signs or symptoms of hypocalcemia only after several days or weeks of feedings."
An infant formula company describes low calcium problems and patents a vitamin D to solve the problem. But they don't blame the infant formula, calcium problems are the result of birth asphyxia, prematurity, and mostly diabetic mothers. Funny, how this all gets turned around 30 years later and the reasoning becomes that breastfeeding is one of the causes of rickets in African American infants.
Copyright 2008 Valerie W. McClain