Mr Wayne Hook

The Managing Director
Spar
PO Box 1589
Pinetown 3600

18 September 2007

Email: wayne.hook@spar.co.za
Customer Service hotline: 0860-7000

Sir,

The South African Freeze Alliance on Genetic Engineering (SAFeAGE) representing 3.6 million South African consumers, writes to express our grave concerns at the Spar policy on your website regarding GM (genetically modified) foods.

Your policy contains several worrying inaccuracies, and there are some statements that we consider to be misleading to consumers in a manner that could expose Spar to future liability as a result of unintended negative effects of GM foods. 

In particular we wish to draw your attention to the following erroneous statements contained in your policy:

  1. Genetically Modified Organisms are only one aspect of biotechnology. They are NOT ‘biotechnology’ as a whole. To attribute the benefits of biotechnology to genetic engineering and GMOs, amounts to the colonizing of biotechnology built on centuries of indigenous knowledge and practices.
  1. It is also inaccurate and misleading to state that genetically modified plants will yield improved food supply, quality and nutritional values.  None of these claims have been verified by independent experts.  Your information appears to come directly from the producers and distributors of these products without any proper consideration for the responsibility that your organization has to provide objectively verified information to its customers. It is also apparent that Spar has not objectively examined the matter. Had it done Spar would realize that the predominance of independent scientific studies (that is non industry-funded science) has found that GMOs are fraught with numerous risks and difficulties.  The science behind genetic engineering is fundamentally flawed as it is based on the outdated premise that one gene = one protein, rendering the outcomes imprecise and unpredictable. (See attached sheet Annexure I on the flawed science)
  1. The most serious inaccuracy in your policy is the statement that the modified maize and soy that are presently on the market cannot harm us in any way. Your claims that these foods can be safely eaten and digested without any side effects are unsubstantiated. SAFeAGE represents 3.6 million consumers who support us in liaising with retailers about labelling GM Food. According to our extensive research (funded by our members and sponsors) the predominant weight of evidence reveals that, contrary to your claims, there are many aspects of these foods that make them unsafe.  We inform you of this so you can take preventative action against future legal action, as we deem our sharing of this information with you to constitute your being duly informed of a more balanced body of evidence.

    In support of this concern, we draw your attention to a recent complaint lodged with the Advertising Standards Authority (ASA) by one of our members for an advert placed in You magazine by Monsanto, which contained the following claim in relation to GM foods:

 “This is one of the most extensively tested and controlled types of food, and no negative reactions have ever been reported.”

The complaint resulted in the ASA ruling that the claim was false.  Monsanto was informed that their claim was unsubstantiated and in breach of the ASA Code of Practice. The ASA further ruled that as the claim was unsubstantiated it was not necessary to consider whether it was misleading.  Monsanto was ordered to immediately withdraw their claim and was warned that in future they must make sure that they can substantiate any claims before they publish them. The same warning applies to all advertisers and retailers such as Spar.

In January, this year, Monsanto was fined 15,000 euros (19,000 US dollars) by a French court for misleading the public about the environmental impact of its herbicide Roundup.  Again the advertisement was ordered to be withdrawn due to the fact that it was false (See http://www.gmwatch.org/archive2.asp?arcid=8052 for further details.) 

  1. Contrary to statements in the Spar policy, there are NO GM crops authorized for release that have been modified to be drought-resistant. Whilst ongoing research is underway on this matter permission to release these products for general consumption is a long way off.
  1. We question the statement in the Spar policy that no crop is approved for growth without at least 6 seasons (years) testing.  According to the existing body of non industry-funded research, this is not correct as some GM crops have been approved in South Africa after only TWO seasons of field trials. We question the statement that safety tests have been performed on humans because we do not know of any such tests having been done. Please state your sources. As your products are sold for human consumption we again draw your attention to the unsubstantiated nature of your claim.
  1. There has, to date, not been a single Environmental Impact Assessment (EIA) undertaken for any GMO in South Africa.  To state that this has been done, is misleading to your customers.  Currently the Department of Environmental Affairs and Tourism (DEAT) are in the process of investigating the matter.
  1. It is correct that the Department of Health (DOH) has a mandate that includes regulating GM food labelling.  However, this mandate has been severely curtailed by the Department of Agriculture (DOA), resulting in the existing labelling regulations under the Foodstuffs and Cosmetics Act being insubstantial.  In recognition of this, the Department of Trade and Industry included in the Consumer Protection Bill more extensive provisions that required mandatory labelling of GM foods.  Due to pressure apparently brought to bear by DOA and other interested and affected parties on the committee drafting the Consumer Protection Bill, these draft provisions have since been removed from the Bill.  There is further no requirement for mandatory labelling of GMO foods in the GMO Act, which falls under the mandate of the DOA.  The stance adopted by the DOA stems from its support for and protection of the application of biotechnology in commercial agriculture.  However, this protection and support is often at the expense of the public’s right to know, and rides roughshod over the increasing consumer concerns raised in South Africa and internationally.  Forward thinking retailers such as Woolworths have recognized the importance of consumers’ rights to information, and are in the process of developing labeling policies that accord with the rights of consumers.

In light of the above, SAFeAGE is conducting a consumer-driven (as opposed to a legislation-driven) demand for all South African food retailers to label GMO’s in recognition of the fundamental role consumers play in the business of food retailing. 

Our members do NOT want to hear that retailers are prepared to put the health and wellbeing of  Spar customers and their families at risk by failing to take adequate measures to label GM foods.  

We remind you that this letter constitutes notice of the inaccuracies in the existing Spar policy and also draws your attention to the potential for negative impacts of GM food, which exposes Spar to the possible risk of legal liability in the event that consumers are misled by the current Spar policy and suffer negative or undesirable effects from the use of GM foods.
We therefore call on Spar to:

  1. Immediately take action to rectify the deceptive and misleading statements in its GM food policy;
  1. Guarantee consumers that the soy and maize-based HOUSE BRANDS are GM Free. By GM Free we mean contains no more than 0.9% GM, which is an internationally agreed threshold.  Spar must verify this claim by obtaining a certificate of analysis or other suitable evidence from suppliers to confirm that they utilise identity preservation (IP) systems. There should additionally be independent verification of these claims by random testing of products, in order to protect Spar against legal liability for the unsubstantiated claims of its suppliers.
  2. Begin random testing of products that are labeled positively or negatively for GM content, so as to hold Spar suppliers accountable for labelling their products accurately and protect Spar against legal liability for unsubstantiated claims of its suppliers. 

 Lastly we would like you to know that we are running two consumer campaigns: the first calls on retailers to label GM foods and this letter to Spar forms part of the campaign.  The second campaign is focused on the creation of a ‘Proudly Safeage’ website that will list the GM threshold of foods that we will be testing from randomly selected house-brand products.  The aim of this campaign is to offer consumers accurate information so they can exercise their rights to choose,  as well as to be able to utilise their buying power in accordance with their concerns about GM foods. 

We end by saying that SAFeAGE enjoys the representation of 3.6 million South African consumers who have mandated us to liaise with Spar and other food retailers regarding the labelling of GM foods in your stores.

 Yours sincerely,

 

Charmaine Treherne
National Coordinator

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