Judge Orders Alta-Dena to Warn Buyers

SAN FRANCISCO — Alta-Dena Certified Dairy has run a 35-year campaign of “sometimes downright dangerous” false advertising about its raw milk products and must place a strong warning on raw milk cartons for the next decade, a Superior Court judge in Oakland ruled today.

After a 54-day trial Alameda County Superior Court Judge John Sutter said in the 34-page opinion that there is “overwhelming evidence” that Alta-Dena raw milk “frequently contains dangerous bacteria which cause serious illness.”

Acting in a suit by Consumers Union, the American Public Health Assn. and the Alameda County district attorney, Sutter chastised the City of Industry company for touting raw milk as safe, and “superior to pasteurized milk,”

To correct the “misleading impression” created by the advertising, Sutter directed that the dairy, which sells raw milk under the name Stueve’s Natural, place a warning label on its milk cartons that will read:

“WARNING: This milk may contain dangerous bacteria. Those facing the highest risk of disease or death include babies, pregnant women, the elderly, alcoholics, those with cancer, AIDS or reduced immunity, and those taking cortisone, antibiotics or antacids.”

Sutter said that if the dairy continues making what he called “misleading and sometimes downright dangerous” health claims, Alta-Dena will be required to include a label warning that the Food and Drug Administration has found no scientific proof of health benefits.

“It’s an excellent decision,” said Elizabeth Laporte, attorney for Consumers Union. “It will finally force Alta-Dena to tell the truth to its consumers.”

Attorneys for Alta-Dena are expected to appeal the ruling.

Sutter ordered Alta-Dena to pay $23,000 to Alameda County for false advertising. The dairy must pay another $100,000 in restitution to the attorney general for use in consumer education.