Judge Orders Alta-Dena to Withdraw 4 Raw Milk Ads

Alta-Dena Dairies was ordered by an Alameda County Superior Court judge on Friday to withdraw from circulation four advertisements that urge use of its certified raw milk by infants and the elderly.

The ads were promotional pamphlets distributed at health food outlets and by mail. They targeted two groups that state health officials say are at particularly high risk from salmonella, a harmful bacteria found in laboratory tests on Alta-Dena certified raw milk more than 200 times since 1974.

In particular, the dairy was faulted by the court for claiming in the ads that certified raw milk is the “best” food product for infants and the aged.

The court action is the result of a suit filed last month by Consumers Union, the California Gray Panthers and the American Public Health Assn. against the dairy, based in City of Industry.

The suit alleges that some Alta-Dena advertisements--including the four barred by court order--are false and misleading and endanger the public health. The coalition is asking that ads correcting the information be run and that warning labels disclosing the potential bacterial hazard be placed on all the firm’s raw milk products.

Dairy Withdraws Ads

The temporary restraining order signed by Superior Court Judge Michael E. Ballachey will be in effect for 15 days, at which time another hearing will be held to determine whether the court’s action should be continued until the case comes to trial.

A representative from the dairy said all four of the criticized advertisements have been withdrawn and will not be reintroduced.

“It was a legal exercise on a moot point,” said Ray Novell, an Alta-Dena attorney. “When I am able to present evidence, I am very confident there will not be any restraining orders at all.”

Alta-Dena’s founder and managing partner, Harold Stueve, said the suit and resulting court action are another in a long line of attempts to discredit the dairy.

“This is a retaliatory tactic initiated by a few when their efforts to ban certified raw milk were unsuccessful on the state and national levels,” he said.

Elizabeth Laporte, attorney for the the coalition led by Consumers Union, said the court’s decision is an important first step in alerting the public to the risks inherent in drinking certified raw milk.

“Alta-Dena has soothingly reassured consumers (through advertisements) that their milk is the safest (available) and suitable for infants and invalids when, in fact, it often contains dangerous bacteria and poses a special threat to infants, the elderly and the infirm,” she said. “That special threat is illness, and maybe death, from dangerous bacteria in the milk.”