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, 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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