Hello Lactnetters,

I never wanted to be a lawyer/attorney because I never wanted to face  
the possibility of defending someone who is guilty. I do not envy  
AAP's current lawyers' position. They have achieved a tour de force in  
using technicalities to scorn an April's fools joke that describes too  
accurately AAP's deficiencies in their support of breastfeeding. If  
"misstatements of fact" apply to Jay's first post, then Finitzo's  
rebutal has betrayed AAP with her own words. I just hope that AAP's  
president Tayloe will see through the joke and make decisions that  
behoove his position.

Otherwise, my friends, we still have a long campaign to wage.

Lactationally yours,

Nicole Bernshaw, IBCLC



> Date:    Tue, 14 Apr 2009 01:50:32 +0200
> From:    Rachel Myr <[log in to unmask]>
> Subject: American Academy of Pediatrics did not issue a press  
> release on April 1
>
> The following letter has been received by the listmothers.  We are
> publishing it to the list so there can be no doubt about what the  
> AAP's
> position is on Jay Gordon's April Fool's day joke published on this  
> list.
> In addition, we are offering to post a statement on behalf of the  
> AAP if
> they wish to further illuminate for Lactnet's readers their stance on
> financial relationships with industry.
>
> "Ladies and Gentlemen:
> Our firm serves as legal counsel to the American Academy of  
> Pediatrics (the
> "AAP"). We understand that one or more of you, as a founder, owner,
> facilitator or host of the Lactnet e-mail LISTSERV (R) have the  
> ability to
> remove postings in that list.
> On behalf of the AAP, we must insist that you immediately remove two  
> items
> posted by Dr. Jay Gordon on April 1, 2009, copies of which are  
> attached
> hereto for your reference.  In the first posting, Dr. Gordon,  
> without the
> knowledge or permission of the AAP, issued a fake press release  
> purportedly
> sent on behalf of the AAP by Dr. David Tayloe, the AAP's president.   
> This
> posting contains patent misstatements of fact and misrepresents the  
> AAP's
> position, and it is defamatory.  In addition, it misappropriates the  
> AAP's
> name and Dr. Tayloe's name and has already caused confusion and  
> alarm among
> your members, many of whom have contacted the AAP to inquire about  
> the fake
> press release they believed to have been issued by the AAP.  The  
> second
> posting is a purported apology, which itself has caused further  
> confusion
> and is wholly undercut by its obvious malicious tenor and  
> unprofessional
> introductory comments.
> As you may know, [yes, we all know AAP's dedication to  
> breastfeeding, which is

> why Jay made the joke] the AAP is among the largest and most  
> prominent of the
> organizations that share its mission to attain optimal physical,  
> mental and
> social health and well-being for all infants, children, adolescents  
> and
> young adults. The AAP has a long standing policy promoting  
> breastfeeding and
> providing support for nursing mothers.  Its views regarding  
> breastfeeding
> and other topics related to the well-being of children and  
> adolescents are
> widely consulted, both the U.S., and internationally.  While the AAP
> considers the open exchange of competing viewpoints and constructive
> criticism to be essential to the process of developing knowledge and
> advancing its mission, needless to say, the manner in which Dr.  
> Gordon has
> chosen to express his views is legally unacceptable.
> Unfortunately, while Dr. Gordon's posting may have been generated by a
> misguided sense of humor, its satirical nature was not readily  
> apparent tot
> many readers who contacted the AAP to inquire about the press release
> purportedly issued by the AAP. Accordingly, to avoid further damage  
> to the
> AAP and Dr. Tayloe, it will be essential for the original items and  
> all
> copies on your server, wherever located, to be immediately taken out  
> of
> circulation.
> Please contact me if you have any questions.
> Sincerely,
> Nicole Finitzo
> Schiff Hardin LLP"

             ***********************************************

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