Earlier times
Starting in the 1960's the University of Hawaii Pesticide Hazard Assessment Project
(PHAP) conducted a number of small exposure studies. As part of the National Survey
in the 70's a small sample of women's breast milk came from Hawaii in which the
Pesticide Hazard Assessment Project assisted./1 In a 1979-80 study, Takahashi
et al reported a mean of 35 ppb heptachlor epoxide in the human milk lipids of
a small sample in Hawaii./2 PHAP ran out of funding in the mid-eighties, but chronic
exposures to organochlorine pesticides continued, and public concern over exposures
increased greatly.
The Heptachlor Epoxide Exposure of 1980 - 1982 in Hawaii.
In the 1970's mirex was used by the pineapple companies to kill ants which protected
mealy bugs from other predators. Mirex use was halted and replaced by heptachlor.
This was a permitted exception to the 1978 ban through an agreement reached between
EPA and the pineapple interests in Hawaii. The pineapple companies were given
an extension to December 1982 to use up existing stocks of heptachlor. But the
public was surprised to learn in 1994 of the Del Monte decision to stop using
their existing stocks of heptachlor on their pineapple fields in Kunia, Oahu.
During the late 70's, the State of Hawaii actively promoted the use of the pineapple
green chop for dairy cattle feed. Green chop is the chopped up leaves of the pineapple
plant after the fruit is harvested. The focus was to save on dairy cattle feed
costs. There was little concern stated publicly over the potential uptake of heptachlor,
and its transmission and bioaccumulation up the food chain.
The use of green chop as feed continued into 1982. On 21 January a Department
of Health lab technician found high levels of heptachlor epoxide in the six-month
periodical milk test and informed her supervisor. But there was no immediate action
taken by the Department of Health to protect the public. Instead, the Health Department
allowed the contaminated milk to be sold, and sent a sample off to a federal lab
in San Francisco for confirmation.
An internal crisis festered. More testing, more findings of contamination, attempts
to reduce the heptachlor epoxide levels in the dairy cattle, but no action to
inform or protect the public. Not until March 18, 1982, when a reporter was about
to break the story, did the State order the milk off the shelves and initiated
what turned out to be a series of eleven recalls of milk, other dairy products
and beef from dairy cattle through July 1982./3 An EPA "reasonable worst
case estimate" suggested that between April 1981 and April 1982, commercial
milk may have contained as much as 1.2 ppm of heptachlor epoxide./4
The milk drinking public was shocked. They asked, "what is heptachlor?"
There were few alternatives to local milk. The confidence of the public in the
State Department of Health was shattered, as well as the profits from dairy products,
proclaimed as being perfectly safe. State Senator Benjamin Cayetano, (now Governor
Cayetano), led a special investigation in the scandal, finding more concern by
the State bureaucrats for the economic health of the dairies than for the publics'
health./5 The complete story of this exposure episode has yet to be written.
Shortly after the first announcement to pull the milk, Dr. Barbara Siegel, Director
of PHAP, led a sampling of 350 self-selected women who donated breast milk to
a milk bank during 1982-1984. The multi-ethnic sample included 303 from Oahu,
37 from the other Hawaiian islands, and 10 from the mainland U.S. Siegel's report
showed a mean of 100 ppb with a maximum of 438 ppb in milk fat. The study was
reported to the EPA./6
A class action lawsuit, (later split into two cases) was filed by attorney Sherry
P. Broder representing some 100 mothers and children and two local environmental
groups, (the Conservation Council for Hawaii, and Life of the Land), against the
dairies, Foremost and Meadow Gold, the State of Hawaii, and other organizations
and individuals involved. A long legal battle ensued and resulted in two unique
settlements in 1986 and 1987 totaling $4,000,000.
The settlements are significant in that they preserve the right of all those who
may have been injured by heptachlor epoxide to sue at a later date. The lawsuits
sought to get a refund for those who bought contaminated milk, and for emotional
distress. The settlements specifically exclude any claims for compensatory and
punitive damages for physical harm and for emotional distress suffered after January
31, 1986./7
So rather than a small rebate to each consumer who purchased contaminated milk,
the people of Oahu were polled through a large mailing. Almost all chose to agree
with the settlements to pool the funds and conduct medical monitoring and research
regarding the potential health effects of heptachlor.
In December of 1986 the representative plaintiffs met and agreed that a nonprofit
corporation be created to implement the medical monitoring, scientific research
and education elements of the two settlements. Court approval was then obtained
for this decision.
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References
1. Savage, E.P., T.J. Keefe, J.D. Tessari, et al. 1981. National study of chlorinated
hydrocarbon insecticide residues in human milk, USA I. Geographic distribution
of dieldrin, heptachlor epoxide, chlordane, oxychlordane, and mirex. Am J Epidmiol
1981;113:413-422.
2. Takahashi, W. , D. Saidin, G. Takei and L. Wong. 1981. Organochloride Pesticide
Residues in Human Milk, 1979-80. Bull. Environ. Contam. Toxicol., 27.
3. Smith, R.J. Hawaiian milk contamination creates alarm, a sour response by regulators.
Science 1982, 217:137-140.
4. Baker, D.B., S. Loo, and J. Barker. 1991. Evaluation of human exposure to the
heptachlor epoxide contamination of milk in Hawaii. Haw. Med. J. , Vol. 50, No.
3, p. 108.
5. Cayetano, B.J., D.T. Kawasaki, R.K. Ajifu, et al. 1983. Report of the Senate
Special Committee Investigating Heptachlor Contamination of Milk. Honolulu:State
of Hawaii.
6. Siegel, B.Z. Heptachlor Epoxide in Mother's Milk in Hawaii 1981-84. Completion
Report to U.S. Environmental Protection Agency, Honolulu:Pesticide Hazard Assessment
Program, 1985.
7. Christensen, J. "$3 Million Settlement in Heptachlor Lawsuit," Honolulu
Star-Bulletin, June 9, 1986, p. A-1.
8. Baker, D.B. Estimation of Human Exposure to Heptachlor Epoxide in Hawaii, a
report to the Hawaii Heptachlor Research & Education Foundation. June 1993.
