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Washington - Tuna lawsuit Could Open Pandora's Box of New Litigation

Published on: May 1, 2009 11:14 AM
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Washington - By allowin g a New Jersey woman to sue a company over the mercury poisoning she allegedly suffered from eating the company’s canned albacore tuna, the U.S. Supreme Court may have opened a can of legal worms, one observer said.

On Monday, the nation’s highest court allowed a lawsuit to move forward that was filed by Deborah Fellner, of the state of New Jersey whose diet consisted almost exclusively of canned tuna for five years.

She sued Tri-Union Seafoods LLC, the maker of Chicken of the Sea brand tuna, for failing to warn her of the dangers of eating its tuna fish product.

For it’s part, the San Diego, Calif.-based company said it was not responsible for condition, arguing that the U.S. Food and Drug Administration does not consider canned tuna fish worthy of mercury warnings to consumers.

“Yet again, federal pre-emption took it on the chin,” opined Law & more Editor Jane Genova. “And a Pandora’s Door of state lawsuits has possibly been thrown open in how the food industry does its labeling.”

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Fellner sued under the New Jersey Product Liability Act over her alleged exposure to methylmercury and other harmful compounds contained the company’s tuna fish products from 1999 to 2004.

U.S. District Court Judge Dennis Cavanaugh threw out Fellner’s lawsuit, but the 3rd U.S. Circuit Court of Appeals reinstated the lawsuit. Without comment, the U.S. Supreme Court allowed the appeals court ruling to stand.

“The tricky question of alleged mercury content in some fish, such as tuna, and its damage to human health can now be explored in both personal injury and class action litigation,” Genova wrote. “Beware the Sushi industry and all its middle-people.”


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Total47

Read Comments (47)  —  Post Yours »

1

 May 01, 2009 at 10:20 AM Anonymous Says:

And if you eat only carrots, you're gonna sue the farmers for your skin turning orange?

2

 May 01, 2009 at 10:28 AM Pashuteh Yid Says:

Article has no info. What are her symptoms? Also, the mercury was not put there by company, it is a pollutant in the water from other sources.

Even drinking too much pure water can cause death. Should water have a label?

3

 May 01, 2009 at 10:22 AM Mad Hatter Says:

At least she never had to wonder what's for dinner.

4

 May 01, 2009 at 11:16 AM Satmar Man Says:


Another reminder that we need to be aware of improper eating behaviors within the Heimishe community.

I am not talking about his particular lady, for I am neither aware of her affiliations nor her motivations. However, this "Tuna Can" diet is not unique. Others do it, for it is easy to do, and requires no will power in measuring what they eat.
Compulsive eaters become compulsive dieters because they are petrified that they are unable to control normal portions.
So, they cut their food selection down to a minimum, and try to buy pre-packaged and measured foods.
I have seen this. They bring that can of Tuna with them as a meal replacement. It meets those unlimited protien diets, and works great in dieting, as long we one drinks enough water, etc.,
But, all it is is replacing one compulsive behavior with another one.

To get off the compulsive/addictive merrry-go-round, one needs to begin taking responsibility for one's self, and stop saying, "I can't control what I eat."

We all need to learn to eat a variety of foods, and need to learn to eat normal portions, so we don't need to use pre-packaging as a crutch.

For many people, this is very difficult. Especially after being told by others that "You can't do this. You can't trust yourself to measure. You need to ....."

I don't mean to sound cruel, I do understand how difficult it is. I had to battle down from 300 lbs. I know. But, it only works when we decide to grow up and stop saying "I can't." We need to stop blaming others from our past for today's problems, so we can stop relying on others to live today.

Notice I am not calling it a disease. Compulsive eating IS NOT A DISEASE. IT IS A BEHAVIOR. One of the worst things one can do to "help" a person with an addictive behavior is to "let them off the hook" by telling them they have a "disease" or "disorder" ..... It is a behavior.

When we grow up, we take responsibility for today's behaviors, and we can look for and find the strength to do what we thought was impossible.

Of course, asking Hashem Yisburach to help can't hurt... (wink)
But, the bottom line is each of us must take responsibility for our own actions and behaviors.

I wish this lady a refiah shleimu, and all people with improper eating behaviors the strength to grow up.

5

 May 01, 2009 at 11:42 AM cdc Says:

I will sue the egg sellers for my colestrol .... & the meat ....

6

 May 01, 2009 at 11:41 AM YitzchokM Says:

Reply to #4  
Satmar Man Says:


Another reminder that we need to be aware of improper eating behaviors within the Heimishe community.

I am not talking about his particular lady, for I am neither aware of her affiliations nor her motivations. However, this "Tuna Can" diet is not unique. Others do it, for it is easy to do, and requires no will power in measuring what they eat.
Compulsive eaters become compulsive dieters because they are petrified that they are unable to control normal portions.
So, they cut their food selection down to a minimum, and try to buy pre-packaged and measured foods.
I have seen this. They bring that can of Tuna with them as a meal replacement. It meets those unlimited protien diets, and works great in dieting, as long we one drinks enough water, etc.,
But, all it is is replacing one compulsive behavior with another one.

To get off the compulsive/addictive merrry-go-round, one needs to begin taking responsibility for one's self, and stop saying, "I can't control what I eat."

We all need to learn to eat a variety of foods, and need to learn to eat normal portions, so we don't need to use pre-packaging as a crutch.

For many people, this is very difficult. Especially after being told by others that "You can't do this. You can't trust yourself to measure. You need to ....."

I don't mean to sound cruel, I do understand how difficult it is. I had to battle down from 300 lbs. I know. But, it only works when we decide to grow up and stop saying "I can't." We need to stop blaming others from our past for today's problems, so we can stop relying on others to live today.

Notice I am not calling it a disease. Compulsive eating IS NOT A DISEASE. IT IS A BEHAVIOR. One of the worst things one can do to "help" a person with an addictive behavior is to "let them off the hook" by telling them they have a "disease" or "disorder" ..... It is a behavior.

When we grow up, we take responsibility for today's behaviors, and we can look for and find the strength to do what we thought was impossible.

Of course, asking Hashem Yisburach to help can't hurt... (wink)
But, the bottom line is each of us must take responsibility for our own actions and behaviors.

I wish this lady a refiah shleimu, and all people with improper eating behaviors the strength to grow up.

It sounds like you've been spending waaaay tooooo much time at wight watchers!

7

 May 01, 2009 at 11:40 AM Anonymous Says:

Why must people use tuna though? There are fish that are low in mercury such as salmon, sardines, and herring. I also wonder why vegetarian foods such as tofu aren't also available in cans(so they don't need refrigeration).

8

 May 01, 2009 at 11:25 AM Anonymous Says:

I think we should feed her to the tunas!!! Then we'll see who the chicken of the sea is.


Why doesn't she HAVE TO THE PROVE that she ate that brand exclusively???

9

 May 01, 2009 at 11:22 AM Satmar Man Says:


Another reminder that we need to be aware of improper eating behaviors within the Heimishe community.

I am not talking about his particular lady, for I am neither aware of her affiliations nor her motivations. However, this "Tuna Can" diet is not unique. Others do it, for it is easy to do, and requires no will power in measuring what they eat.
Compulsive eaters become compulsive dieters because they are petrified that they are unable to control normal portions.
So, they cut their food selection down to a minimum, and try to buy pre-packaged and measured foods.
I have seen this. They bring that can of Tuna with them as a meal replacement. It meets those unlimited protien diets, and works great in dieting, as long we one drinks enough water, etc.,
But, all it is is replacing one compulsive behavior with another one.

To get off the compulsive/addictive merrry-go-round, one needs to begin taking responsibility for one's self, and stop saying, "I can't control what I eat."

We all need to learn to eat a variety of foods, and need to learn to eat normal portions, so we don't need to use pre-packaging as a crutch.

For many people, this is very difficult. Especially after being told by others that "You can't do this. You can't trust yourself to measure. You need to ....."

I don't mean to sound cruel, I do understand how difficult it is. I had to battle down from 300 lbs. I know. But, it only works when we decide to grow up and stop saying "I can't." We need to stop blaming others from our past for today's problems, so we can stop relying on others to live today.

Notice I am not calling it a disease. Compulsive eating IS NOT A DISEASE. IT IS A BEHAVIOR. One of the worst things one can do to "help" a person with an addictive behavior is to "let them off the hook" by telling them they have a "disease" or "disorder" ..... It is a behavior.

When we grow up, we take responsibility for today's behaviors, and we can look for and find the strength to do what we thought was impossible.

Of course, asking Hashem Yisburach to help can't hurt... (wink)
But, the bottom line is each of us must take responsibility for our own actions and behaviors.

I wish this lady a refiah shleimu, and all people with improper eating behaviors the strength to grow up.

10

 May 01, 2009 at 10:49 AM Anonymous Says:

Reply to #2  
Pashuteh Yid Says:

Article has no info. What are her symptoms? Also, the mercury was not put there by company, it is a pollutant in the water from other sources.

Even drinking too much pure water can cause death. Should water have a label?

This is not about her lawsuit it's about the supreme courts decision to allow all such law suits in the future!

11

 May 01, 2009 at 10:49 AM Anonymous Says:

Anyone who eats only tuna for 5 years is mentally incapacitated and thus should have no standing to bring such a lawsuit.

12

 May 01, 2009 at 01:46 PM Anonymous Says:

Reply to #10  
Anonymous Says:

This is not about her lawsuit it's about the supreme courts decision to allow all such law suits in the future!

Imo the Supreme Court is allowing this case in order to highlight the health dangers of mercury. Mercury from fish is just part of the problem. The other part is mercury from "silver" dental fillings which are around half mercury. I hope that this lawsuit results in warning labels being placed on cans of tuna. I don't want to see monetary damages being awarded in this case though.

I would like to see a ban on the use of mercury in dentistry.

13

 May 01, 2009 at 01:15 PM Dovid Says:

For breakfast I had cereal with milk. Then I sued Kellogg's for too much sugar in the cereal which could make me diabetic and Golden Flow for not telling me to drink skim milk.
I had candy jelly fish for a snack, so I sued Bloom's because maybe my filling will get pulled out.
For lunch I had pizza, so I sued Haolam because they didn't tell me to use lowfat cheese and I sued Amnon's because he didn't make the crust with whole wheat flour which would be healthier for me. I also sued Coke, because they should have told me that Diet Coke may cause cancer in a mouse.
Tonight I will look for ways to sue Unger's for the fish, my wife because she didn't remove the unhealthy skin before cooking the chicken and the bakery for the fattening Kokosh Cake.
Tomorrow I will figure out how many different lawsuits I can get from one plate of chulent.

14

 May 01, 2009 at 01:14 PM Anonymous Says:

If the result of this all is better labeling for fish that are high in toxins, it will be worth it. A lot of people are unaware that there are certain fish, including some varieties of tuna, that scientists recommend eating very infrequently.

15

 May 01, 2009 at 01:01 PM Milhouse Says:

The important point to remember is that SHE IS NOT TELLING THE TRUTH. No matter how much tuna you eat, it is IMPOSSIBLE to get mercury poisoning from it. The amount of mercury in tuna is just too low to cause any damage. It's important to realise that the FDA standard for how much mercury is safe is set ridiculously low. It is not based on scientific testing at all. There is only one case in all of history of people getting mercury poisoning from eating fish. So what the FDA did was take a level of mercury KNOWN TO BE SAFE, and divided it by TEN. And canned tuna comes below even that! Therefore there was no reason for the company to warn about it.

Just because someone claims to have been damaged by some product doesn't make it true. Remember all those women who claimed that their breast implants caused them all sorts of diseases and damage? They drove a multi-billion-dollar company into bankruptcy, and in the end it turned out that it was all a scam, the implants were perfectly safe all along, but in the meantime Dow-Corning was destroyed, and the shareholders were out over 2 BILLION dollars! That's money that was simply STOLEN by these unscrupulous liars.

Or consider the asbestos cases, and the people who have made themselves rich by making KNOWINGLY FALSE claims, stealing money from the shareholders of the asbestos companies and driving an entire industry into oblivion. Shame on them, shame on the breast-implant women, and shame on this woman.

16

 May 01, 2009 at 12:06 PM Anonymous Says:

Illness from the mercury in fish as well as from mercury dental filings is a major concern, and has sickened large numbers of people. Long term exposure to mercury from fish or dental fillings accumulates in the liver, kidneys, and brain and over long periods of time can cause illnesses such as chronic fatigue syndrome, fibromyalgia, and multiple chemical sensitivity. Those who are suffering from these will typically not show an elevated blood mercury level, as the body does not store mercury in the blood long term, but removes the mercury from the blood and excretes some of it, but also stores some in the organs long term.

17

 May 01, 2009 at 02:53 PM Anonymous Says:

"The amount of mercury in tuna is just too low to cause any damage. It's important to realise that the FDA standard for how much mercury is safe is set ridiculously low. It is not based on scientific testing at all. There is only one case in all of history of people getting mercury poisoning from eating fish"

Even very small amounts of mercury can damage health. The fact that very few die from mercury in fish does not mean that it isn't a huge source of human illness. The important thing to keep in mind with mercury is that its effects are cumulative, so that someone can accumulate enough over several years from eating high mercury fish or having mercury dental fillings to cause illnesses such as chronic fatigue syndrome, fibromyalgia, multiple chemical sensitivity, etc.

There is no level of mercury that is know to be safe for everyone with long term exposure. Different people have different abilities to be able to excrete mercury, and this depends on many different complex factors such as their diet, and the level of other toxins they are exposed to. For example, those who are iodine deficient are much more likely to have thyroid problems from low level chronic mercury exposure than those who take in plenty of iodine.

18

 May 01, 2009 at 02:48 PM Milhouse Says:

Reply to #16  
Anonymous Says:

Illness from the mercury in fish as well as from mercury dental filings is a major concern, and has sickened large numbers of people. Long term exposure to mercury from fish or dental fillings accumulates in the liver, kidneys, and brain and over long periods of time can cause illnesses such as chronic fatigue syndrome, fibromyalgia, and multiple chemical sensitivity. Those who are suffering from these will typically not show an elevated blood mercury level, as the body does not store mercury in the blood long term, but removes the mercury from the blood and excretes some of it, but also stores some in the organs long term.

No, it hasn't sickened even one person. "chronic fatigue syndrome, fibromyalgia, and multiple chemical sensitivity" all have one thing in common: they are "illnesses" that any quack can diagnose in anyone, and there is no proof that they are "caused" by anything but the patient's imagination. There is certainly no reason to blame mercury more than Venus or Tuesday.

19

 May 01, 2009 at 03:51 PM Shlomo Says:

Reply to #16  
Anonymous Says:

Illness from the mercury in fish as well as from mercury dental filings is a major concern, and has sickened large numbers of people. Long term exposure to mercury from fish or dental fillings accumulates in the liver, kidneys, and brain and over long periods of time can cause illnesses such as chronic fatigue syndrome, fibromyalgia, and multiple chemical sensitivity. Those who are suffering from these will typically not show an elevated blood mercury level, as the body does not store mercury in the blood long term, but removes the mercury from the blood and excretes some of it, but also stores some in the organs long term.

Illness from mercury in fish or dental filings is a minor concern and I would like to see some scientific evidence that says otherwise. Now, it is better to not use mercury but it is not as big a problem as some would have you think. As for measuring mercury, there are blood tests, hair tests, and 24 hour urine tests. The benefits of eating some fish (not every meal!) outweigh the threats from the minute amounts of mercury.
Lastly, poorly defined illnesses like chronic fatigue, fibromyalgia (interestingly, the doctor who identified the condition and coined the term now says he was wrong in doing so), and multiple chemical sensitivity are not the best arguments against mercury. There are plenty of real problems that mercury can cause. Don't make medical arguments based on internet medicine: too much hype and too little science.

20

 May 01, 2009 at 03:47 PM Anonymous Says:

Milhouse, there is plenty of proof of the damagaing effects of mercury. The links on this page will take to to over 3,000 medical studies showing the damaging effects of mercury.

www.flcv.com/indexa.html

21

 May 01, 2009 at 03:29 PM Anonymous Says:

Reply to #8  
Anonymous Says:

I think we should feed her to the tunas!!! Then we'll see who the chicken of the sea is.


Why doesn't she HAVE TO THE PROVE that she ate that brand exclusively???

All brands contain more or less the same levels of mercury. I happen to eat only fancy solid tuna from king of the sea which is known to be lowest in mercury and best quality

22

 May 01, 2009 at 06:14 PM Milhouse Says:

Reply to #20  
Anonymous Says:

Milhouse, there is plenty of proof of the damagaing effects of mercury. The links on this page will take to to over 3,000 medical studies showing the damaging effects of mercury.

www.flcv.com/indexa.html

Blah, blah, blah. Why not just point to the Scientology web site, or a 9/11 truther web site? If you believe what you read there, you only have yourself to blame for your own idiocy.

23

 May 01, 2009 at 06:22 PM Anonymous Says:

"Illness from mercury in fish or dental filings is a minor concern "

Not for those like me who suffer from it. For us it can be debilitating.

"but it is not as big a problem as some would have you think. "

That is because much illness from mercury is given many different names such as chronic fatigue syndrome, fibromyalgia, multiple chemical sensitivity, etc.


"As for measuring mercury, there are blood tests, hair tests, and 24 hour urine tests."

Those tests are worthless though. Blood tests measure how much is in the blood, which will only show an elevated amonut just after a sudden huge exposure, and not after long terem low level exposure. Hair tests show how much is excreted into the hair, but doesn't tell you how much was excreted in the the urine or feces. The total amount excreted doesn't matter anyway, as it is the mercury that is ratained which makes people sick, not the amount excreted. There is no way to tell how much is retained by how much has been excreted. There are even provocative tests where someone's mercury excretion is measured, then they are given a large dose of a chelating agent, and the amount excreted after that is compared to the previous excretion. This still doesn't tell how much mercury is in the body and how much damage it is causing.

"The benefits of eating some fish (not every meal!) outweigh the threats from the minute amounts of mercury."

It depends which fish. Tuna is best avoided, however it is a good idea to eat moderate amounts of salmon or sardines.

I mentioned the conditions chronic fatigue syndrome, fibromyalgia and multiple chemical sensitivity as those are what I am suffering from. They each have groups of symptions but no attributed cause. Many believe the cause for all of those is mercury toxicity.


24

 May 02, 2009 at 09:45 PM onemanband613 Says:

Reply to #14  
Anonymous Says:

If the result of this all is better labeling for fish that are high in toxins, it will be worth it. A lot of people are unaware that there are certain fish, including some varieties of tuna, that scientists recommend eating very infrequently.

Years ago, people were warned to stay away from whitefish (commonly used for gifilte fish) because they swim in the depths of the ocean, picking up high levels of dioxin. It was ruled out (either by the FDA or DEP) that it wasn't a big deal. What a foolish response! We all know that most European Jews have high ratings in heart problems. If only we would be conscious of the kind of food we eat!!

25

 May 02, 2009 at 09:23 PM Shlomo Says:

Reply to #23  
Anonymous Says:

"Illness from mercury in fish or dental filings is a minor concern "

Not for those like me who suffer from it. For us it can be debilitating.

"but it is not as big a problem as some would have you think. "

That is because much illness from mercury is given many different names such as chronic fatigue syndrome, fibromyalgia, multiple chemical sensitivity, etc.


"As for measuring mercury, there are blood tests, hair tests, and 24 hour urine tests."

Those tests are worthless though. Blood tests measure how much is in the blood, which will only show an elevated amonut just after a sudden huge exposure, and not after long terem low level exposure. Hair tests show how much is excreted into the hair, but doesn't tell you how much was excreted in the the urine or feces. The total amount excreted doesn't matter anyway, as it is the mercury that is ratained which makes people sick, not the amount excreted. There is no way to tell how much is retained by how much has been excreted. There are even provocative tests where someone's mercury excretion is measured, then they are given a large dose of a chelating agent, and the amount excreted after that is compared to the previous excretion. This still doesn't tell how much mercury is in the body and how much damage it is causing.

"The benefits of eating some fish (not every meal!) outweigh the threats from the minute amounts of mercury."

It depends which fish. Tuna is best avoided, however it is a good idea to eat moderate amounts of salmon or sardines.

I mentioned the conditions chronic fatigue syndrome, fibromyalgia and multiple chemical sensitivity as those are what I am suffering from. They each have groups of symptions but no attributed cause. Many believe the cause for all of those is mercury toxicity.


I am sorry that you are suffering and wish you a refuah shelamah.
My comments are in no way meant to minimize what you are going through.
The area of environmental toxicology is complex and controversial. I know that "many believe" that mercury is the culprit for many problems. However, the beliefs of many do not compensate for the lack of scientific evidence. CFS, FM, and MCS are poorly defined and subject to much debate in the medical and toxicology community: they simply don't know.

26

 May 02, 2009 at 09:10 PM warning label Says:

I am surprised that she did not sue on the basis of her eyes hurting her after looking at a tuna can for the past 5 years.

I'm in the warning label business and this economy ain't hurting me. I love the liberals and I love America!

27

 May 02, 2009 at 10:35 PM Anonymous Says:

Reply to #25  
Shlomo Says:

I am sorry that you are suffering and wish you a refuah shelamah.
My comments are in no way meant to minimize what you are going through.
The area of environmental toxicology is complex and controversial. I know that "many believe" that mercury is the culprit for many problems. However, the beliefs of many do not compensate for the lack of scientific evidence. CFS, FM, and MCS are poorly defined and subject to much debate in the medical and toxicology community: they simply don't know.

Many people have had their medical problems cured after having their mercury fillings replaced and undergoing a year or two of Chelation using the protocol devised by Andrew Cutler. Andrew Cutler is PHD in chemistry who became ill from his mercury dental fillings, and devised a protocol for detoxification from long term low dosage exposure to mercury. The first step is to have the mercury fillings replaced properly, then the next step is to use chelating agents(either Alpha lipoic acid alone or alpha lipoic acid plus DMSA) every 3 hours for 3 or more days, then to stop for an equal number of days, then repeat the cycle many times.

Notice all the studies they refrence in the quote below.

" Mercury exposure through dental fillings appears to be a major factor in chronic fatigue syndrome(CFS) and Fibromyalgia through its effects on ATP and immune system(lymphocyte reactivity, neutraphil activity, effects on T‑cells and B‑cells) as well as its promotion of growth of Candida albicans in the body and the methylation of inorganic mercury by candida and intestional bacteria to the extremely toxic methyl mercury form, which like mercury vapor crosses the blood‑brain barrier, and also damages and weakens the immune system (222,225,226,234,235,265,293,60,313,314,342,404,581, 590). Mercury vapor or Inorganic mercury have been shown in animal studies to induce autoimmune reactions and disease through effects on immune system T cells(226,268,269,270,314). Chronic immune activation is common in CFS, with increase in activated CD8+ cytotoxic T-cells and decreased NK cells(518). Numbers of suppressor-inducer T cells and NK cells have been found to be inversely correlated with urine mercury levels(270ad). CFS and FMS patients usually improve and immune reactivity is reduced when amalgam fillings are replaced (342,383,405,581,590,293). "

www.flcv.com/cfsfm.html

28

 May 02, 2009 at 11:21 PM May you never know from these very real diseases Says:

Reply to #18  
Milhouse Says:

No, it hasn't sickened even one person. "chronic fatigue syndrome, fibromyalgia, and multiple chemical sensitivity" all have one thing in common: they are "illnesses" that any quack can diagnose in anyone, and there is no proof that they are "caused" by anything but the patient's imagination. There is certainly no reason to blame mercury more than Venus or Tuesday.

Your arrogance is astounding.
My brother-in-law, one of the hardest working people I know, has lost at least 3 months of work in the last year due to the devastating and debilitating affects of fibromyalgia, which was diagnosed by an M.D, not a psychiatric M.D., an internist M.D.
By the way, what are your credentials???

29

 May 02, 2009 at 11:48 PM Anonymous Says:

#28, does your brother in law have many mercury fillings in his mouth(if so, they need to be replaced before chelation is started), or did he eat plenty of tuna? Fibromyalgia might also be caused by lead or by other heavy metals. Long term chronic low level exposure can cause these problems over many years. The chelation agents(alpha lipoic acid and DMSA )are also effective at removing other toxic heavy metals(DMSA is FDA approved for use to remove lead from the body, however it is also quite effective at removing mercury and other heavy metals).

30

 May 02, 2009 at 11:50 PM Kashrus Pro Says:

Reply to #21  
Anonymous Says:

All brands contain more or less the same levels of mercury. I happen to eat only fancy solid tuna from king of the sea which is known to be lowest in mercury and best quality

oh sure buy into that garbage from the holyer than thou companies. they are no better than anyone else. you think they stand there testing the fish before putting it in the cans?

31

 May 02, 2009 at 11:48 PM Anonymous Says:

Reply to #14  
Anonymous Says:

If the result of this all is better labeling for fish that are high in toxins, it will be worth it. A lot of people are unaware that there are certain fish, including some varieties of tuna, that scientists recommend eating very infrequently.

Oh please! its stpuid. We know about mercury in fish! Its old news. People have to take on PERSONAL RESPONSIBILITY and not sue for stupidity.

32

 May 03, 2009 at 12:13 AM Anonymous Says:

Reply to #31  
Anonymous Says:

Oh please! its stpuid. We know about mercury in fish! Its old news. People have to take on PERSONAL RESPONSIBILITY and not sue for stupidity.

"We know about mercury in fish! "

Most people don't know enough though. For example, just one 6 ounce can a week of solid white tuna has more mercury than the EPA exposure limit for a 150 pound pound person. Most people also don't know that solid white tuna has over 20 times the mercury in salmon or sardines.

33

 May 03, 2009 at 01:17 AM Yosele Pondrek Says:

This whole thing sounds fishy to me!

34

 May 03, 2009 at 12:06 AM Anonymous Says:

Reply to #29  
Anonymous Says:

#28, does your brother in law have many mercury fillings in his mouth(if so, they need to be replaced before chelation is started), or did he eat plenty of tuna? Fibromyalgia might also be caused by lead or by other heavy metals. Long term chronic low level exposure can cause these problems over many years. The chelation agents(alpha lipoic acid and DMSA )are also effective at removing other toxic heavy metals(DMSA is FDA approved for use to remove lead from the body, however it is also quite effective at removing mercury and other heavy metals).

He's been through chelation, with little alleviation of symptoms. I don't know if he has mercury fillings or not.
I was commenting on the unbelievable arrogance of someone who decided he KNOWS this is all made up in people like my brother-in-law's imagination. I don't wish him this disease, I wish that he would educate himself before posting and even the smallest amount of humility.

35

 May 03, 2009 at 09:51 AM monkey_bs Says:

Reply to #24  
onemanband613 Says:

Years ago, people were warned to stay away from whitefish (commonly used for gifilte fish) because they swim in the depths of the ocean, picking up high levels of dioxin. It was ruled out (either by the FDA or DEP) that it wasn't a big deal. What a foolish response! We all know that most European Jews have high ratings in heart problems. If only we would be conscious of the kind of food we eat!!

What kind of mishugas is this? If they have heart problems then they should eat more fish, not less! What has dioxin got to do with it. There is no evidence that dioxin is harmful to humans at all, but it was never even alleged that it was bad for the heart! The allegation (for which no evidence was ever found) was that it caused cancer.

36

 May 03, 2009 at 10:00 AM monkey_bs Says:

Reply to #25  
Shlomo Says:

I am sorry that you are suffering and wish you a refuah shelamah.
My comments are in no way meant to minimize what you are going through.
The area of environmental toxicology is complex and controversial. I know that "many believe" that mercury is the culprit for many problems. However, the beliefs of many do not compensate for the lack of scientific evidence. CFS, FM, and MCS are poorly defined and subject to much debate in the medical and toxicology community: they simply don't know.

How do you know she is going through anything at all? We only have her word for it, and her claims make no sense. The most logical conclusion is that she's making it all up to gain attention. So why feel sorry for her?

37

 May 03, 2009 at 11:01 AM Anonymous Says:

Reply to #24  
onemanband613 Says:

Years ago, people were warned to stay away from whitefish (commonly used for gifilte fish) because they swim in the depths of the ocean, picking up high levels of dioxin. It was ruled out (either by the FDA or DEP) that it wasn't a big deal. What a foolish response! We all know that most European Jews have high ratings in heart problems. If only we would be conscious of the kind of food we eat!!

Whitefish has around 1/5 the amount of mercury as solid white tuna, so it safer, however not as safe as salmon or sardines, which have less than 1/20 th of the amount. Chunk light tuna has around 1/3 the mercury of solid white tuna, so if you must eat tuna, it would be a better choice. Gefilta fish is often made with carp, which has double the mercury content of whitefish. Pollack is a very common inexpensive fish, and has only around 1/8 th the mercury as solid white tuna(and about the same level as herring). Pollack is the most common fish, and is often used to make fish sticks. There is also some gefilta fish made from it.

Salmon is the fish with the highest levels of heart healthy EPA and DHA fats. It also has one of the lowest levels of mercury. Sardines are also high in EPA and DHA and low in mercury. This website has the mercury content for many fish.

gotmercury.org/article.php?id=1034

38

 May 03, 2009 at 11:18 AM Anonymous Says:

Reply to #36  
monkey_bs Says:

How do you know she is going through anything at all? We only have her word for it, and her claims make no sense. The most logical conclusion is that she's making it all up to gain attention. So why feel sorry for her?

The best way to diagnose chronic mercury poisoning is via symptoms. Measuring body mercury is difficult(without doing organ biopsies). There are some markers that can be tested for, such as low levels of NK cells, and a T cell assay and other immune tests(see the paragraph I quoted in a post above), however these tests are probably expensive and can be positive in other conditions. Provocative mercury testing(where a high level of chelating agent is given in one dose and the mercury excretion before and after is compared) will show more than a regular urine or fecal test for mercury, although it still doesn't tell how much mercury is in the body or how much damage it is doing.

"The most logical conclusion is that she's making it all up to gain attention. So why feel sorry for her?” "

No, it is logical that she did become sick from this, as just one 6 ounce can of solid white tune per week has more mercury than the EPA limit. Can you imagine what eating 10-14 (or even 7 cans) a week could do over 5 years? The article also didn't mention if she has any mercury fillings in her mouth or other sources of mercury exposure (does she live near a coal burning power plant? Has she had immunization that contain mercury as a preservative? Was she exposed to broken florescent bulbs?)

39

 May 03, 2009 at 02:42 PM Milhouse Says:

Reply to #38  
Anonymous Says:

The best way to diagnose chronic mercury poisoning is via symptoms. Measuring body mercury is difficult(without doing organ biopsies). There are some markers that can be tested for, such as low levels of NK cells, and a T cell assay and other immune tests(see the paragraph I quoted in a post above), however these tests are probably expensive and can be positive in other conditions. Provocative mercury testing(where a high level of chelating agent is given in one dose and the mercury excretion before and after is compared) will show more than a regular urine or fecal test for mercury, although it still doesn't tell how much mercury is in the body or how much damage it is doing.

"The most logical conclusion is that she's making it all up to gain attention. So why feel sorry for her?” "

No, it is logical that she did become sick from this, as just one 6 ounce can of solid white tune per week has more mercury than the EPA limit. Can you imagine what eating 10-14 (or even 7 cans) a week could do over 5 years? The article also didn't mention if she has any mercury fillings in her mouth or other sources of mercury exposure (does she live near a coal burning power plant? Has she had immunization that contain mercury as a preservative? Was she exposed to broken florescent bulbs?)

You are the same mental patient. There is NO EVIDENCE AT ALL that mercury has any of these effects. In all of history there is only one case of people being damaged by ingesting mercury, and that was at an insanely high dosage. The FDA limit is set very low, and is not based on evidence at all.

40

 May 03, 2009 at 04:41 PM PMO Says:

Reply to #15  
Milhouse Says:

The important point to remember is that SHE IS NOT TELLING THE TRUTH. No matter how much tuna you eat, it is IMPOSSIBLE to get mercury poisoning from it. The amount of mercury in tuna is just too low to cause any damage. It's important to realise that the FDA standard for how much mercury is safe is set ridiculously low. It is not based on scientific testing at all. There is only one case in all of history of people getting mercury poisoning from eating fish. So what the FDA did was take a level of mercury KNOWN TO BE SAFE, and divided it by TEN. And canned tuna comes below even that! Therefore there was no reason for the company to warn about it.

Just because someone claims to have been damaged by some product doesn't make it true. Remember all those women who claimed that their breast implants caused them all sorts of diseases and damage? They drove a multi-billion-dollar company into bankruptcy, and in the end it turned out that it was all a scam, the implants were perfectly safe all along, but in the meantime Dow-Corning was destroyed, and the shareholders were out over 2 BILLION dollars! That's money that was simply STOLEN by these unscrupulous liars.

Or consider the asbestos cases, and the people who have made themselves rich by making KNOWINGLY FALSE claims, stealing money from the shareholders of the asbestos companies and driving an entire industry into oblivion. Shame on them, shame on the breast-implant women, and shame on this woman.

Well said Milhouse.

In order to consume enough mercury to potentially cause a problem, you need to eat an average of 19 cans of tuna per DAY. Is it possible that combined with some In order to consume enough mercury to potentially cause a problem, you need to eat an average of 19 cans of tuna per DAY. Is it possible that combined with some untreated water you could reach that amount? Sure. It has not yet happened though.


The only thing to be learned from any of this is that Mercury contamination IS on the rise in the US in both drinking water, fish and other animals that eat fish.

For those of you who think that H" would never let us destroy the earth, you are only fooling yourselves. We are poisoning plenty of things slowly but surely.

However, today it is not YET a health problem and this woman is full of it! I hope the tuna company counter-sues this woman and takes her for everything she has as well as her future earnings.... let her be an example to other idiots who think you can just sue anyone for anything!

41

 May 03, 2009 at 07:12 PM Anonymous Says:

19 cans of tuna a day might cause death from mercury in a short period of time, however more than one can a week might in time cause illness. One can of solid white tune a week exceeds the EPA limit for mercury for a 150 pound person.
To say that something that doesn't cause immediate death isn't harmful is foolish.

42

 May 03, 2009 at 11:08 PM me Says:

Look at the bright side. Now she doesn't need a thermometer to take her temperature.

43

 May 03, 2009 at 11:23 PM Milhouse Says:

Reply to #41  
Anonymous Says:

19 cans of tuna a day might cause death from mercury in a short period of time, however more than one can a week might in time cause illness. One can of solid white tune a week exceeds the EPA limit for mercury for a 150 pound person.
To say that something that doesn't cause immediate death isn't harmful is foolish.

What EPA limit? Since when does the EPA set limits for contaminants in food? The FDA, which does set a limit, and an absurdly low one at that, says the mercury in tuna is below that limit. If the EPA has gone and set one even more absurdly low, without evidence it means nothing.

Nobody said anything about immediate death. Even 190 cans of tuna a day won't kill you immediately, at least not from mercury! But it might cause harm. At the levels found in a normal amount of tuna, even if you eat it three times a day every day, mercury is HARMLESS.

To claim something is harmful, without ANY evidence, that's what is foolish.

44

 May 04, 2009 at 12:44 AM Anonymous Says:

Reply to #43  
Milhouse Says:

What EPA limit? Since when does the EPA set limits for contaminants in food? The FDA, which does set a limit, and an absurdly low one at that, says the mercury in tuna is below that limit. If the EPA has gone and set one even more absurdly low, without evidence it means nothing.

Nobody said anything about immediate death. Even 190 cans of tuna a day won't kill you immediately, at least not from mercury! But it might cause harm. At the levels found in a normal amount of tuna, even if you eat it three times a day every day, mercury is HARMLESS.

To claim something is harmful, without ANY evidence, that's what is foolish.

I gave plenty of evidence. The website I provided even tells the mechanism of how mercury causes the damage and refers to huge numbers of studies as proof.

45

 May 04, 2009 at 11:56 AM Anonymous Says:

Milhouse, there are many people who are suffering from the effects of mercury including myself. I found that website which not only gives proof of the causation of many common diseases by mercury( they cite a large number of studies as proof) but also in many cases gives the mechanisms by which mercury causes these diseases. Now that there is so much proof, and the mechanisms by which mercury causes these diseases are detailed, how can you honestly keep saying there is no proof? Perhaps you are just unwilling to read the proof, and instead feel more comfortable saying no proof exists.

46

 May 04, 2009 at 05:49 PM Milhouse Says:

Reply to #45  
Anonymous Says:

Milhouse, there are many people who are suffering from the effects of mercury including myself. I found that website which not only gives proof of the causation of many common diseases by mercury( they cite a large number of studies as proof) but also in many cases gives the mechanisms by which mercury causes these diseases. Now that there is so much proof, and the mechanisms by which mercury causes these diseases are detailed, how can you honestly keep saying there is no proof? Perhaps you are just unwilling to read the proof, and instead feel more comfortable saying no proof exists.

Neither you nor anybody else is "suffering from the effects of mercury". Your wild imagination is not my problem. You are a crank, just like the looney web site you "found". That site is no more reliable than the 9/11 truther sites, or the holocaust denier sites, or the astrology sites. Their "studies" are garbage, not fit for publication in any serious journal. Not even one properly constructed and conducted study has shown any statistically significant link between any health problem and low doses of mercury in food. There remains NO evidence AT ALL that low doses of mercury in food are harmful.

47

 May 04, 2009 at 08:08 PM Anonymous Says:

Reply to #46  
Milhouse Says:

Neither you nor anybody else is "suffering from the effects of mercury". Your wild imagination is not my problem. You are a crank, just like the looney web site you "found". That site is no more reliable than the 9/11 truther sites, or the holocaust denier sites, or the astrology sites. Their "studies" are garbage, not fit for publication in any serious journal. Not even one properly constructed and conducted study has shown any statistically significant link between any health problem and low doses of mercury in food. There remains NO evidence AT ALL that low doses of mercury in food are harmful.

I see that #21 mentioned King Of The Sea brand. I heard their tuna became very populer in the mainstream market. so obviously there is something to it. People are not stupid

48

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