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From the Editor - Prison Legal News

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Tainted Chinese Toothpaste Distributed in U.S. <strong>Prison</strong>s and Hospitals<br />

On June 1, 2007, <strong>the</strong> U.S. Food and<br />

Drug Administration (FDA) issued<br />

a warning that toothpaste made in<br />

China was found to be contaminated with<br />

diethylene glycol (DEG), a toxic chemical<br />

used in antifreeze and as a solvent. The<br />

FDA urged consumers to “avoid using<br />

toothpaste labeled as made in China,” and<br />

suggested that consumers throw away all<br />

such toothpaste.<br />

China has a history of using DEG<br />

as a cheaper substitute for glycerin, a<br />

common and harmless ingredient in<br />

household products, drugs and cosmetics.<br />

According to <strong>the</strong> FDA, DEG has a “low<br />

but meaningful risk of toxicity and injury”<br />

to children and people suffering from liver<br />

or kidney disease.<br />

Chinese regulators claimed that<br />

toothpaste with small amounts of DEG<br />

was harmless and said <strong>the</strong> international<br />

concern was unjustified. They pointed to<br />

a Chinese study that concluded toothpaste<br />

with less than 15.6 percent DEG was not<br />

dangerous to humans.<br />

“This stuff doesn’t belong in toothpaste,<br />

period,” countered FDA spokesman<br />

Doug Arbesfeld. “No Chinese toothpaste<br />

has come into <strong>the</strong> country since <strong>the</strong> end<br />

of May.”<br />

Initially <strong>the</strong> distribution of <strong>the</strong> tainted<br />

Chinese toothpaste was thought to be limited<br />

to discount stores; however, around<br />

900,000 tubes have turned up in prisons and<br />

hospitals, including mental health facilities.<br />

Two Chinese firms, Goldcredit International<br />

Trading and <strong>the</strong> Suzhou Qingxin<br />

Daily Chemical Company, made <strong>the</strong> tainted<br />

toothpaste which was sold under various<br />

brand names. DEG has been identified in<br />

<strong>the</strong> SpringFresh, Pacific, Amerfresh and<br />

EverFresh brands distributed by American<br />

Amenities, Amercare Products, Pacific Care<br />

Products and McKesson. O<strong>the</strong>r brand<br />

names include Cooldent, Clean Rite, Oralmax<br />

Extreme, Oral Bright, Bright Max and<br />

ShiR Fresh Mint.<br />

The toxic Chinese toothpaste was first<br />

discovered by <strong>the</strong> government of Panama<br />

in May 2007. Thereafter, governments in<br />

Latin America, West Africa and Japan<br />

seized shipments of <strong>the</strong> toothpaste. In<br />

June 2007, Japanese government tests<br />

on travel-sized tubes of Chinese-made<br />

toothpaste revealed 6.2 percent DEG<br />

contamination. McKesson <strong>the</strong>n had an<br />

independent laboratory test its toothpaste;<br />

April 2008<br />

by Matt Clarke<br />

after discovering DEG contamination,<br />

<strong>the</strong> company contacted its customers to<br />

inform <strong>the</strong>m of <strong>the</strong> problem.<br />

Many state institutions bought <strong>the</strong><br />

cheap 1.5 oz. tubes of toothpaste for<br />

around 9 cents each. The largest customer<br />

was Georgia, which purchased 5,877 cases<br />

and distributed <strong>the</strong>m to adult prisons,<br />

mental health facilities and juvenile prisons.<br />

State institutions in North Carolina,<br />

South Carolina and Florida, including hospitals<br />

and prisons, also received <strong>the</strong> tainted<br />

toothpaste. On August 30, 2007 and again<br />

on October 5, 2007, this PLN reporter<br />

was issued Chinese-made “SpringFresh”<br />

toothpaste at <strong>the</strong> Texas prison system’s<br />

John Sealy Hospital in Galveston, Texas<br />

– indicating that, contrary to reports in<br />

<strong>the</strong> mainstream press that distribution of<br />

<strong>the</strong> toxic toothpaste was stopped in June<br />

2007, <strong>the</strong> toothpaste is still being handed<br />

out in some state facilities.<br />

40<br />

The North Carolina Department of<br />

Corrections estimated it had bought 22,000<br />

tubes of “Pacific” brand toothpaste. They<br />

were pulled from circulation. On June 12,<br />

2007, Georgia officials confiscated 846,288<br />

tubes of toothpaste that had been purchased<br />

in 2002. The Spokane County Jail<br />

in Washington state pulled its Chinese-made<br />

toothpaste seven weeks after <strong>the</strong> FDA warning<br />

was issued. “As soon as I became aware<br />

of it, we stopped it,” said jail Captain Jerry<br />

Brady. There were no reported illnesses.<br />

Given <strong>the</strong> long shelf life of this type<br />

of product, it may be decades before all<br />

of <strong>the</strong> contaminated toothpaste is purged<br />

from state institutions in <strong>the</strong> United States.<br />

In <strong>the</strong> meantime, prisoners may want to<br />

scrutinize <strong>the</strong> state-issued toothpaste <strong>the</strong>y<br />

receive.<br />

Sources: Associated Press, Atlanta Journal-<br />

Constitution, New York Times<br />

Bergen County Jail, New Jersey,<br />

Provides Laptops for <strong>Legal</strong> Research<br />

New Jersey’s Bergen County<br />

Jail is entering <strong>the</strong> 21 st century<br />

with a revolutionary plan by Sheriff Leo<br />

McGuire to provide prisoners with laptop<br />

computers to do legal research while in<br />

<strong>the</strong> jail.<br />

The 80 laptops—stripped down<br />

durable mini-PCs—were purchased with<br />

$100,000 of income from prisoner commissary<br />

purchases. The computers will<br />

apparently not have access to <strong>the</strong> internet<br />

and will be used only for legal research.<br />

Under <strong>the</strong> program <strong>the</strong> laptops will be<br />

delivered to prisoners who request <strong>the</strong>m<br />

for allotted periods of time.<br />

The laptops will offer an alternative<br />

to <strong>the</strong> jail’s crowded law library—and,<br />

according to McGuire, will enhance jail<br />

security. McGuire said <strong>the</strong>re is a potential<br />

risk every time a cell door is opened at <strong>the</strong><br />

jail, and delivering laptops to <strong>the</strong> prisoners<br />

reduces that risk.<br />

Source: northjersey.com<br />

BOP <strong>Prison</strong>er Population Exceeds 200,000<br />

In September 2007, <strong>the</strong> federal bureau<br />

of <strong>Prison</strong>s (BOP) reaffirmed<br />

its hold on <strong>the</strong> title of being <strong>the</strong> nation’s<br />

largest prison system. A weekly population<br />

report showed BOP holding 200,052<br />

prisoners for <strong>the</strong> first time.<br />

Since <strong>the</strong> start of <strong>the</strong> “war on drugs,”<br />

<strong>the</strong> nation’s prisons have continued to<br />

swell. At least 80 percent of those confined<br />

in BOP prisons are <strong>the</strong>re on drug related<br />

crimes. Some are held on sentences that<br />

impose federal penalties that are increased<br />

for possessing crack cocaine as opposed<br />

to smaller penalties for possessing <strong>the</strong><br />

same amount of powder cocaine.<br />

O<strong>the</strong>rs are incarcerated after being<br />

kidnapped in <strong>the</strong>ir native country by federal<br />

authorities to face trial in <strong>the</strong> United<br />

States. The BOP reports that 28 percent of<br />

its prisoners are non-U.S. citizens.<br />

The new population level is nearly<br />

10 percent of <strong>the</strong> 2.3 million people held<br />

in numerous American prisons and jails.<br />

With <strong>the</strong> elimination of federal parole<br />

and <strong>the</strong> requirement that prisoners<br />

serve 85 percent of <strong>the</strong>ir sentences, <strong>the</strong><br />

BOP is certain to continue its expansion.<br />

Source: Bureau of <strong>Prison</strong>s<br />

<strong>Prison</strong> <strong>Legal</strong> <strong>News</strong>

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