NEWS OF THE WEEK been thoroughly studied not only by company and independent scientists, but also by federal officials responsible for food safety. Calgene will provide point-of-sale information about the tomato's development and it will indicate that the tomatoes are grown from Flavr Savr seeds. Its subsidiary, Calgene Fresh, expects to begin marketing Flavr Savr tomatoes under its MacGregor brand name within about two weeks. First-year sales for the premium-priced tomatoes are estimated at $25 million to $30 million, says Calgene. In support of FDA's policy and decision, the United Fresh Fruit & Vegetable Association, Biotechnology Industry Organization, and others call the approval good news for consumers and for consumer acceptance of genetically engineered foods. Moreover, a competing firm developing genetically engineered produce, DNA Plant Technology, applauds the FDA decision— believing the ruling will make it easier to bring genetically engineered products to market.
However, the Pure Food Campaign (PFC), led by activist Jeremy Rifkin, and other groups are accelerating their activities in response to the tomato's approval. PFC says it will organize a national "tomato war," extending its boycott of milk and dairy products derived from genetically engineered bovine growth hormone to include the tomatoes. Among its specific concerns about the tomato are the environmental and public health effects of kanamycin resistance. Those opposed to recent approvals of genetically engineered foods in general have been unbending in their demands for changes in FDA policy and product labeling. Despite Calgene's intention to provide labeling and production information, Rifkin still maintains, "The FDA approval of the Calgene tomato is grossly negligent and represents a threat to both consumers and farmers." PFC will file a lawsuit in federal court challenging FDA's approval of the tomato and its decision not to require special labeling. Ann Thayer
8
MAY 23,1994 C&EN
Scripps, Sandoz revise criticized research deal
In a scaled-down modification of a much-criticized earlier agreement, Sandoz Pharmaceuticals will give Scripps Research Institute $100 million over five years in exchange for rights to commercialize the institute's research. The new agreement has received the blessing of the National Institutes of Health and of a prominent member of Congress, both of whom had objected to the earlier pact as stifling free enterprise and inhibiting the free exchange of ideas. In return for the general research funding for the La Jolla, Calif .-based institute, Sandoz Pharmaceuticals, with headquarters in Hanover, N.J., will multi-billion-dollar insurance fund to have a first option to develop and comsettle any pre-1986 lawsuits brought by mercialize just under half the medical polluters against their insurers for reim- discoveries at Scripps. The pact takes bursement for cleanup costs (C&EN, effect in 1997 and may be renewed for another five years. May 9, page 23). Under the original research agreeCommittee chairman Rep. John D. Dingell (D.-Mich.) says the legislation is ment, Sandoz Pharmaceuticals—a U.S. "a balance of very good reforms" that subsidiary of the Swiss Sandoz Corp.— won't please everybody. Indeed, the Al- was to give Scripps $300 million over 10 liance for a Superfund Action Partner- years and in return acquire the rights to ship, a coalition of business and commu- patent all Scripps' discoveries. But shortly after this arrangement was annity interests, continues to oppose it. However, according to Environmental nounced in late 1992, Rep. Ron Wyden Defense Fund spokesman Peter Cleary, (D.-Ore.) called on NIH to investigate "The mainstream environmental groups whether the foreign firm would be unthink the compromise bill is solid fairly reaping the benefits of U.S. taxpayenough to support"—though he admits er-funded research. NIH provides about that some still have strong reservations. $70 million of Scripps' $120 million anAnd the Chemical Manufacturers Asso- nual budget. Scripps is the U.S.'s largest ciation is "pleased with the bill and grat- independent nonprofit biomedical reified it's moving on," notes spokesman search institution. Previously, NIH had no input into Tom Gilroy. EPA head Carol M. Browner calls agreements between industry and rethe committee's vote "a major step for- search institutions that receive NIH ward on the road to reforming Super- funding. But Wyden's ire spurred the fund this year." However, the bill must agency to develop guidelines covering still navigate additional House com- such arrangements (C&EN, Jan. 31, page mittees—Public Works & Transporta- 8). NIH asked Scripps to cut back signiftion, Ways & Means, and possibly Judi- icantly both the duration and amount of ciary—where it is likely to get a more funding provided by Sandoz. Wyden and NIH director Harold A. hostile reception than in the energy
House committee passes consensus Superfond bill Superfund renewal cleared another hurdle last week when the House Energy & Commerce Committee unanimously approved a carefully crafted consensus bill. But several obstacles— not the least being a cramped legislative calendar—must be overcome before the bill becomes law. The bill, H.R. 3800, is a delicate compromise fashioned by Rep. Al Swift (D.-Wash.), Rep. Michael G. Oxley (R.Ohio), Rep. Rick Boucher (D.-Va.), and the Environmental Protection Agency after consultation with major stakeholders. The bill has been well received by chemical makers and the major insurance association, but only reluctantly supported by most environmental groups. As voted out of committee, the bill allocates fair-share cleanup obligations, through arbitration, among responsible parties while limiting liability for small polluters. It establishes a uniform, negotiated national standard that determines the degree of health risk permitted at any cleaned up site. It provides for enhanced state and community roles in cleanup decisions, including making the thoroughness of a cleanup contingent on a site's future use. And it sets up a new
committee. The Senate Environment & Public Works Subcommittee on Superfund is expected to mark up the companion bill, S. 1834, this week. Ever optimistic, Swift believes Congress will pass Superfund reauthorization this session despite a tight schedule. Lois Ember
Anticancer molecule' runs in Bay Area footrace Assistant professor Brian J. McNelis (red oxygen atom) and students from the chemistry department at Santa Clara University, Santa Clara, Calif., take steps to "show some of the pos itive contributions of chemistry" by running as an anticancer "molecule" in the Bay to Breakers footrace in San Francisco. Held May 15, the 12-km race is one of the U.S/s largest, draw ing some 100,000 runners. With the rallying cry of "Moving Molecules Against Cancer," McNelis and mem bers of his organic chemistry class entered the race's "centipede" divi sion—runners connected together and running in a unit. The Santa Clara "chemipede" depicts neocarzi nostatin, a compound in the family of natural products known as the enediyne antibiotics, which are being studied for their antitumor proper ties. Team members wear colorcoded shirts to represent atoms in the central portion of the molecule and use blue and yellow ribbons to show the sigma and pi chemical bonds, re spectively, between atoms. The team was sponsored by the American Can-
Varmus also insisted on safeguards to ensure small business adequate access to federally funded inventions. Scripps and Sandoz agreed to a lowered limit of 47% on the percentage of inventions Sandoz may license annually, and a re duced period of 90 days during which Sandoz can exercise its options. Scripps also is establishing an Office of Small Business Collaborations and will pro vide NIH with data needed to monitor its dealings with small firms. Pamela Zurer
Maryland water agency bans polybutylene pipes A water and sewer agency in Maryland is the most recent government entity in the U.S. to ban use of polybutylene pipes in water distribution systems. Breaks in plastic water pipes costing homeowners thousands of dollars in damage spurred a ban on installation of new polybutylene plumbing, taking effect June 20, by the Washington Sub urban Sanitary Commission. The com
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cer Society and a local pharmacy to raise donations for cancer research. "There's a lot of chemophobia out there/' McNelis points out, "and this is a chance to do some good PR for chemistry. Besides, I've always want ed to do the Bay to Breakers race in the centipede division," he laughs. Deborah lllman
mission is a public water and sewer utility serving the suburban Maryland counties of Montgomery and Prince George's, which border the District of Columbia. Marjorie L. Johnson, commission communications director, believes her utility may be the first on the East Coast to ban polybutylene. A handful of Texas and California municipalities already have bans in effect, she notes. Her commission's ban extends to all underground, aboveground, and inwall uses of polybutylene water pipes. Unlike copper—which may crimp, re ducing water pressure, or develop pinholes, causing small leaks—poly butylene pipe fails catastrophically, splitting or breaking suddenly, she explains. Johnson says the commission ques tioned Shell Oil—the only U.S. produc er of polybutylene resin supplied to pipe extruders—about reports suggest ing that chlorine, used to disinfect mu nicipal water, could cause deterioration of polybutylene pipe. Shell responded that it does not recommend residual chlorine above 2 ppm in polybutylene
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pipe used to distribute water. Johnson notes that water leaving commission treatment plants can contain residual chlorine levels above 2 ppm. Shell's caution, plus widespread reports of pipe failures, led to the ban. Industry sources say U.S. polybuty lene production for pipe is about 20 million lb a year, a tiny percent of the overall 5 billion-lb plastic pipe market. Some plumbing companies claim total installed costs of polybutylene pipe are less expensive than copper. Shell says it "regrets" the commis sion's action and is "reviewing" it. In an effort to recover compensatory and punitive damages for polybutylene pipe warranty repairs, service, and homeowner suits, Shell last week filed suit in New Jersey State Superior Court in Somerville, N.J., against plumbing supplier Eljer Industries, which uses Shell resin to extrude pipe. An Eljer spokesman says Hoechst Celanese took a similar action in December 1993 over acetal resins that an Eljer subsidiary molded into fittings used in polybuty lene plumbing systems. Marc Reisch MAY 23,1994 C&EN
9
