Wednesday, June 11, 1986

Editorial: Good heptachlor call

The settlement of a class-action lawsuit by Hawaii consumers over the 1982 heptachlor contamination of milk here is heartening. It may well be a model for similar environmental cases elsewhere.

It should help answer lingering uncertainties about the heptachlor case, one of the worst environmental disasters experienced here.

IT WAS 1982 when higher than acceptable levels of heptachlor were found in Hawaii's milk and traced to use of chopped pineapple leaves tainted with the hazardous chemical as cattle feed.

A 1983 legislative study found plenty of blame to go around among those in government and industry, with incompetence and misplaced priorities contributing to the crisis.

The troubling question that remained, however, was what harm, if any, had been done to consumers - particularly to pregnant women and children - by the contaminated milk that took numerous recalls to clean up.

This settlement should answer that question by establishing a $3-million fund (combined with $1 million from an earlier agreement) for scientific studies of the results of the contamination. The limited research done so far
has been constrained by a lack of funds.

The defendants in the case - Meadow Gold Dairy, Del Monte and Dole pineapple companies, Velsicol Chemical Company and the State of Hawaii (Foremost Dairy made the earlier settlement) - disclaim legal responsibility for the contamination but will be paying for the studies.

THIS IS A victory for consumers - led in this case by the Conservation Council of Hawaii, Life of the Land and the Childcare Switchboard -- because in environmental contamination cases health damage is often subtle and may not appear until some time later. Under the. settlement, consumers retain they right to sue if studies show that there was damage due to heptachlor.

The settlement, negotiated by Circuit Court Judge Ronald T.Y. Moon and given preliminary approval (pending a public hearing) by Judge Wendell Huddy, is a triumph of balancing legitimate concerns of consumers with those of the defendants.

It is hoped the studies will show no long-term damage from heptachlor and will deliver peace of mind to thousands here. But if not, a mechanism has been established to keep track of the danger.