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Alaskan farm group loses logo case

AFX News Limited - January 11, 2008

JUNEAU, Alaska (AP) - A regional farm organization doesn't have an exclusive right to use the bright blue, gold and green "Alaska Grown" logo on T-shirts, caps and other apparel, a judge has ruled.

The Matanuska Susitna Chapter of the Alaska Farm Bureau has been marketing promotional apparel with the logo for several years. It sought an exclusive right to the logo after another farm group started to sell clothing with the logo.

Anchorage Superior Court Judge Jack Smith ruled last week that the Alaska Division of Agriculture, which created the logo in 1986, owns the licensing rights for it.

"It was an important case from the standpoint of the state protecting an asset which is used statewide," Assistant Attorney General Steve Ross said.

About 340 companies use the logo, mostly on produce certified as having been grown in Alaska. The circular design features a blue field surrounding the outline of the state of Alaska, which is colored green. On top of the design are the words "Alaska GROWN," in gold type.

The state agriculture division has spent hundreds of thousands of dollars promoting the logo. The state holds three trademarks on the design with the state Department of Commerce, Community and Economic Development.

The Mat-Su chapter claimed it had acquired the right to use the logo more than 20 years ago. Its predecessor, the Alaska Farmers and Stockgrowers Association, was the first to get permission to use the logo, according to state records.

The Mat-Su group has said profits from the sale of apparel with the logo amount to about $40,000 a year and are the group's main source of income. Proceeds from the sales are used to support agriculture and agricultural causes, members say.

The legal dispute arose in 2004 when the Mat-Su chapter sought exclusive rights from the agriculture division to use the logo on promotional clothing.

The chapter also accused the Alaska Future Farmers of America of stealing sales from the Mat-Su organization by selling its own line of clothing with the logo.

"This is what the Alaska FFA is teaching: Don't start a business; steal one. Don't support farmers' efforts to manage their own affairs; instead side with total government control," chapter Executive Director Karen Olson wrote in a letter to National FFA Adviser Larry Case.

Olson could not be reached for comment.

Ross said the letter was an attempt to interfere with the FFA's authorized sale of "Alaska Grown" apparel.

In 2005, the Mat-Su group applied for a federal trademark on the logo, claiming that the state was not properly protecting the use of the logo.

The state responded by terminating the chapter's right to use the logo and filing a lawsuit against the group. Several efforts to reach a settlement failed.

In ruling against the chapter, the judge issued an injunction barring the group from "threatening, intimidating, harassing, coercing, or otherwise interfering with the sale of Alaska Grown apparel."

Chapter President Rob Wells declined to comment on the case, describing the injunction as tantamount to a gag order.

"I find it unusual and surprising, but my understanding is, yes, I can't talk about it," he said.

The group's attorney, Michael Jungreis, also declined to comment.

A hearing was set for May to determine damages the state may claim from the chapter.


Boy Sexually Abused in Foster Care Reaches $300,000 Settlement

South Florida Sun-Sentinel - January 11, 2008

A 15-year-old boy who was sexually abused in foster care has reached a $300,000 settlement in his civil lawsuit against the Florida Department of Children & Families, his former foster parents and two private agencies.

Circuit Judge John Hoy approved the settlement Monday, 1 1/2 years after the boy's adoptive parents filed the complaint on his behalf.

None of the agencies or defendants Gary and Elizabeth Howard, who were running a small therapeutic foster home, admitted any wrongdoing in the settlement.

However, attorneys for "J. Doe" and his adoptive parents say records obtained during the course of the case proved the allegations in the complaint. They alleged that the Howards, DCF, Alternate Family Care and the Center for Innovative Solutions failed to protect the boy from sexual abuse during a two-year period that began when he was 6. The Howards adopted a boy identified as J.G., who had a history of sexually acting out, yet allowed J.G. to share a room with J. Doe.

J. Doe told his therapist that J.G. had repeatedly abused him. Another child in the home made similar allegations.

"The tragedy in this case is that they were supposed to provide a higher level of care for this young man," said Howard Talenfeld, one of the attorneys representing the family. "In the end, they exposed him to sexual abuse."

The settlement money will be used for therapy, Talenfeld said.

DCF officials, with guidance from a new policy from Secretary Bob Butterworth, settled the lawsuit after reviewing the facts of the case, said department spokeswoman Sarrah Troncoso.

"Since the secretary has come on board, he's instituted a new policy where if the department is negligent, we need to take responsibility and accountability," Troncoso said. "If this money is going to help a child recover and seek therapy, then that's what we need to do."

Stephen Radford, who represented the Howards, said the settlement was amicable and "very much in the best interest of this young man."

Attorney John Rine, who represented Alternate Family Care and Center for Innovative Solutions, which was licensed by DCF as a child placement agency, declined to comment.

Nancy Othón can be reached at nothon@sun-sentinel.com or 561-228-5502.


Merck recalls kids' vaccine
The drugmaker recalls 1.2 million doses of a meningitis vaccine due to a sterilization problem. "

December 12 2007: 6:28 PM EST

ATLANTA (AP) -- More than a million doses of a common vaccine given to babies as young as two months was being recalled Wednesday because of contamination risks, but the top U.S. health official said it was not a health threat.

The recall is for 1.2 million doses of the vaccine for Hib, which protects against meningitis, pneumonia and other serious infections, and a combination vaccine for Hib and hepatitis B. The vaccine is recommended for all children under 5 and is usually given in a three-shot series, starting at two months.

Drug maker Merck & Co., which announced the recall after testing showed a sterilization problem in a Pennsylvania factory, said concerned parents should contact their child's doctor.

"The potential for contamination of any individual vaccine is low," said Merck spokeswoman Kelly Dougherty.

Dr. Julie Gerberding, head of the Centers for Disease Control and Prevention, echoed that in a news conference.

"This is not a health threat in the short run, but it is an inconvenience," she said.

Dougherty could not immediately say whether the contamination seen at the factory involves a virus or bacteria. She said if someone were vaccinated with a contaminated shot, "There is a risk they could develop an infection." But she did not provide more details.

The recall is likely to heighten a debate over childhood vaccines and their safety and whether too many are required. Some parents are distrustful and suspect some vaccines of being linked to autism, although scientific studies have not shown such a connection.

This week New Jersey took a controversial step toward becoming the first state to require flu shots for preschoolers after a health advisory board backed new vaccine requirements over opposition from parents.

Merck (Charts, Fortune 500), based in Whitehouse Station, N.J., is one of the few drug makers that produces a significant number of vaccines.

While the company took a black eye with its September 2004 withdrawal of the painkiller Vioxx due to increased risk of heart attacks and strokes, Merck has been performing well recently. On Tuesday, it gave an upbeat assessment in its annual briefing for analysts.

Five weeks ago, Merck reached a deal to settle up to 50,000 Vioxx lawsuits for $4.85 billion, an amount expected to save the company millions in trial costs.

Its stock price has more than recovered from its post-Vioxx slump, a two-year-old restructuring plan is going well and profits are up. For example, Merck posted a 62 percent increase in its third-quarter profit as revenues jumped by double digits.


Product-Safety Pacts Put
Greater Burden on Beijing

By JASON LEOW in Beijing and JANE ZHANG in Washington
December 12, 2007

The Bush administration signed product-safety agreements with China that place a greater burden on Beijing to regulate exports of food, animal feed, drugs and medical devices.

[Michael Leavitt]

The agreements require exporters of those products to register with the Chinese government, which will issue certificates stating they meet U.S. Food and Drug Administration standards. The agreements are aimed at closing some loopholes that let Chinese companies export unsafe food, drugs and other products.

Mike Leavitt, secretary of health and human services, signed the two agreements yesterday with Chinese officials in Beijing as part of three days of trade talks with China. "The agreements satisfy our firm principle that any country that desires to produce goods for American consumers must do so in accordance with American standards of quality and safety," he said in a statement.

The agreements cover such products as olives and canned mushrooms, pet food, raw materials for processed foods, farm-raised fish, drugs and medical devices. Drugs covered include: human-growth hormone; oseltamivir, an antiviral drug; and gentamicin sulfate, an antibiotic. The limited list of covered products is an initial step, U.S. officials said, suggesting Washington wants to gain confidence in the Chinese system before expanding the program.

The deals come amid political tensions over a rash of product-safety scares involving toothpaste, toys and pet food. Wu Yi, China's top trade envoy, said in opening remarks at the talks that "disharmonious notes" had entered the two nations' trade relations.

[Wu Yi]

Officials from both countries will meet again today and tomorrow outside Beijing for the third round of Strategic Economic Dialogue, where U.S. Treasury Secretary Henry Paulson and Ms. Wu will discuss economic and financial matters.

China's global trade surplus hit $26.28 billion in November, the Chinese government announced yesterday. For the first 11 months of the year, its trade surplus jumped 53% from the same period a year ago, to $238.9 billion -- a large part of that coming from U.S.-bound exports. The Commerce Department has said the U.S. trade deficit with China is on track to surpass last year's record of $233 billion.

The safety agreements were among 14 pacts signed between the two countries, including one allowing groups of Chinese tourists to visit the U.S.

[US China safety pacts box]

Feed and food exporters also must agree to annual inspections by the Chinese government, which is expected to share the results of those inspections with U.S. officials. Toys were covered in an earlier agreement.

Critics say the approach carries risks. "The Chinese government doesn't even know where most of these producers are and it's highly doubtful that the Chinese FDA could ever inspect them," says former FDA associate commissioner William Hubbard. "While the pact can be helpful, it cannot at this time in China's history solve the problem."

Some Democrats welcomed the agreements but said they didn't go far enough. While the deals improve the FDA's access to Chinese facilities, they don't guarantee access or specify how much latitude U.S. inspectors can have, said Sen. Richard Durbin of Illinois. "It is important that once a tainted product is traced back to a production facility our inspectors be granted full unrestricted access and that we have a sufficient number of safety officials in place to deal with the problem."

The U.S. said both sides will form a panel to monitor the process. But the agreements rely heavily on enforcement by the Chinese since the FDA can refuse food shipments that have been mislabeled or adulterated -- not those lacking a certification from exporting governments.

The administration has proposed giving the FDA more authority and perhaps even opening an FDA inspection office in China, but what the agency would be able to do depends on its funding. The agreements require Chinese producers of certain products to register with the government before exporting to the U.S. -- reversing the current system, which forces authorities to hunt down errant or unlicensed factories.

 

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