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Some dairy companies, concerned that consumers might not want to buy milk from hormone-treated cows, began labeling their products “BGH-free.” Monsanto and its industry supporters objected and asked the FDA to establish guidance “rules” on the labeling of dairy products derived from cows not treated with rBGH. In February 1994, the FDA stated that it could not require such labeling, but companies could voluntarily say they were not using rBGH, provided “that any statements made are truthful and not misleading.” Although this ruling might sound permissive, the FDA considers “misleading” to apply to any suggestion that untreated milk is superior. Thus, the agency views BGH-free as misleading because all milk contains some natural BGH. The term rBGH-free also is misleading because the recombinant and natural cow hormones cannot be distinguished. Dairy companies may use such terms only if they provide an explanation of the context: “No significant difference has been shown between milk derived from rBGH-treated and non-rBGH-treated cows.”25

Vermont, which boasts of its quality dairy products, defied the FDA ruling and passed legislation requiring rBGH milk to be labeled: “Vermonters have the right to know what is in the food they eat. . . . In particular, there is a strong public interest in knowing whether or not rBST has been used in the production of milk and milk products.”26 Industry groups acting on behalf of Monsanto quickly and successfully challenged this law in the courts. When several major milk marketers launched new brands certified as coming from cows that had not been treated with the hormone, Monsanto warned them that their labels “might create the impression that something is wrong with milk from treated cows.”27 By May 1994, Monsanto had sued at least two dairy companies on this basis, a situation that made it appear as if “everyone is terrified of Monsanto. . . . It is quite ominous.”28 In Vermont, only a small fraction of farmers continued to use rBGH. Companies like Ben & Jerry’s used their rBGH-free status as a marketing tool, as shown in figure 19: “We oppose recombinant bovine growth hormone. The family farmers who supply our milk and cream pledge not to treat their cows with rBGH.”

FIGURE 19. Soon after the FDA’s approval of recombinant bovine growth hormone (rBGH), Ben & Jerry’s used product labels to display the company’s policy on this drug. These statements conform to the FDA’s 1994 guidelines on voluntary labeling of milk products derived from cows that had not been treated with rBGH.

Monsanto’s Revolving Door to the FDA. A nagging concern throughout the deliberations over rBGH was the revolving door through which employees of Monsanto and FDA exchanged positions. In Washington, DC, the law firm King & Spalding filed a brief with the FDA on behalf of Monsanto arguing that the agency could not legally justify a labeling requirement for rBGH milk. The primary author of the document was a former FDA chief counsel.29 Furthermore, three FDA staff members involved in rBGH regulatory decisions had previously worked for Monsanto, either directly or indirectly. This connection led several members of Congress to question whether the FDA had colluded with Monsanto in approving the drug, and they demanded a GAO investigation.30 The GAO reviewed more than 40,000 pages of documents, interviewed 54 people, and evaluated the financial disclosures and conflict-of-interest statements of all FDA employees involved in the rBGH approval. Although the GAO concluded “there were no conflicting financial interests,” its report raised discomfiting questions. One FDA employee, Dr. Margaret Miller, worked for Monsanto from 1985 to 1989 as a laboratory supervisor responsible for evaluating tests that measured rBGH and IGF-1 levels in cow blood, tissues, and milk. Within a year or so of leaving Monsanto, she was helping draft FDA responses to citizens’ petitions seeking to halt sales of rBGH milk and to