Nexus - 0225 - New Times Magazine-pages

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LEUKOCYTOSIS such a statement in publications and in public talks by punish- "Leukocytosis," Hertel explained, "which cannot be accounted ment laid down in the law. for by normal daily deviations such as following the intake of 2. The jurisdiction of the judge is given according to law. food, is taken seriously by haematologists. Leukocyte response is 3. The active legitimacy of the plaintiff is given according to especially sensitive to stress. They are often signs of pathogenic the law. effects on the living system, such as poisoning and cell damage. 4. The passive legitimacy of the defendant is given by the The increase of leukocytes with the microwaved foods was more _ fact that he is the author of the polemic [published study] in pronounced than with all the other variants. It appears that these question, especially since the present new and revised law marked increases were caused entirely by ingesting the allows to exclude the necessity of a competitive situation, microwaved substances.” therefore delinquents may also be persons who are not co-com- The cholesterol markers were very interesting, Hertel stressed: petitors, but may damage the competing position of others by "Common scientific belief states that cholesterol values usually — mere declarations. alter slowly over longer periods of time. In this study, the markers [Apparently, Swiss corporations have lobbied in a law that increased rapidly after the consumption of the microwaved vegeta- _ nails "delinquents" who disparage products and might do dam- bles. However, with milk, the cholesterol values remained the age to commerce by such remarks. So far, the US Constitution same and even decreased with the raw milk significantly.” still preserves freedom of the press.] Hertel believes his study tends to confirm newer scientific data 5. Considering the relevant situation it is referred to three that suggest cholesterol may rapidly increase in the blood sec- _ publications: the public renunciation [sic] of the so-called co- ondary to acute stress. "Also," he added, "blood cholesterol levels | author Professor Bernard Blanc, the expertise of Professor are less influenced by cholesterol content of food than by stress © Teuber [expert witness from the FEA] about the above-men- factors. Such stress-causing factors can , tioned publication, the opinion of the pub- apparently consist of foods which contain q : 2 | lic health authorities with regard to the virtually no cholesterol—the microwaved | [ft js plain to see that this | present sige of research i microwave vegetables.” eagles ovens as well as to repeated statements It is plain to see that this individually individually financed and from the side of the defendant about the financed coat mee ee mis conducted study has org such —_ Hi, meat in it to make anyone with a modicum 8 ee ke . It is not considered of importance of common sense sit up and take notice. enough meat in it to make whether or not the polemic of the defen- chnormal anges roprsonting arcs, (Alaa cao all rc necsovary i tha pos , . . u sary is that a possi- occur in the blood of all the test individuals. | Of Common sense sit UP | bility exists that such a statement could Bilal indy « ey vale tat Ua Ea teeny nd approve! with people not being ic studies, was well accounted for by the busiest | involving fear is not allowed and is always established baselines. disqualified by the law. The necessity for So, how has the brilliant world of modem technology, medicine a fast interference is in no case more advised than in the and ‘protect the public’ government reacted to this impressive _ processes of competition. Basically, the defendant has the right effort? to defend himself against such accusations. This right, howev- er, can be denied in cases of pressing danger with regard to A GAG ORDER impairing the rights of the plaintiff when this is requested. Ac cann ac Hartel and Rlane annauneced their raciilte the ham_ A GAG ORDER As soon as Hertel and Blanc announced their results, the ham- mer of authority slammed down on them. A powerful trade organ- isation, the Swiss Association of Dealers for Electroapparatuses for Households and Industry, known simply as FEA, struck swift- ly. They forced the President of the Court of Seftigen, Kanton Bern, to issue a ‘gag order’ against Hertel and Blanc. The attack was so ferocious that Blane quickly recanted his support—but it was too late. He had already put into writing his views on the validity of the studies where he concurred with the opinion that microwaved food caused the blood abnormalities. Hertel stood his ground, and today is steadfastly demanding his rights to a trial. Preliminary hearings on the matter have been appealed to higher courts, and it's quite obvious the powers that be do not want a ‘show trial’ to erupt on this issue. In March 1993, the court handed down this decision based upon the complaint of the FEA: Conclusion. On grounds of this pending request of the plaintiff, the court arrives at the conclusion that because of special presupposi- tions as in this case, a definite disadvantage for the plaintiff does exist, which may not easily be repaired, and therefore must be considered to be of immediate danger. The case thus warrants the request of the plaintiff to be justified, even without hearing the defendant. Also, because it is not known when the defendant will bring further statements into the public. The judge is also of the opinion that because the publications are made up to appear as scientific, and therefore especially reliable-looking, they may cause additional bad disadvantages. It must be added that there does obviously not exist a just rea- son for this publication because there is no public interest for pseudo-scientific unproved declarations. Finally, these ordered measures do not prove to be disproportionate. The defendant is prohibited, under punishment of up to F5,000, or up to one year in prison, to declare that food pre- pared in microwave ovens is dangerous to health and leads to pathologic troubles as also indicative for the beginning of a cancerous process. The plaintiff pays the costs. (Signed) President of the Court of Seftigen Kraemer. Consideration. 1. Request from the plaintiff (FEA) to prohibit the defendant (Dr ing. Hans Hertel) from declaring that food prepared in the microwave oven shall be dangerous to health and lead to changes in the blood of consumers, giving reference to patho- logic troubles as also indicative for the beginning of a cancer- ous process. The defendant shall be prohibited from repeating 28 « NEXUS APRIL - MAY 1995