One time is a mistake. Two times is a pattern.

Back in January Dr. Oz produced a TV show where his advice on fish consumption and his discussion about mercury were way outside the latest up-to-date medical and scientific research on the topic.

As we are want to do, we called him on it. Youll remember this is the interaction in which Oz had his lawyer answer (or dodge) our questions rather than his crack medical staff.

Well, that episode is scheduled to run again on June 3^rd and wed like Dr. Oz to run a different show and take the time to learn about the new science before he addresses seafood consumption again.

Our letter is below:

May 28, 2010

Laurie Rich c/o Jackie Barth

Executive Producer

ZoCo Productions, LLC

VIA Email

Dear Ms. Rich,

It has come to our attention that the January 26^th edition of The Dr. Oz Show featuring seafood consumption advice is scheduled to air again nationwide on Thursday, June 3^rd.

As we have before, we must insist on bringing to your attention the fact that this episode does not reflect the latest independent, peer-reviewed science or the latest recommendations on seafood nutrition messaging.

Just last week a new independent report from the World Health Organization (WHO) and the U.N.s Food and Agriculture Organization (FAO) urged medical professionals to more effectively communicate with their citizens, and emphasize CHD [coronary heart disease] mortality rates of not eating fish and neurodevelopmental risks to offspring of[women of childbearing age, particularly pregnant women and nursing mothers] not consuming fish.

Likewise, this week two leading independent experts on Omega-3 fatty acids and brain development from Cornell University and The Institute of Brain Chemistry and Human Nutrition in London wrote an open letter to the U.S. Food and Drug Administration noting that, current science has advanced to the point where it is no longer consistent with the recommendation to limit consumption of all fish to a maximum of 12 ounces per week for pregnant and lactating women and women who may become pregnant. There is persuasive new evidence that consumption of more than 12 ounces per week of most marketplace species will actually improve fetal neurodevelopment. This improvement occurs in spite of methyl-mercury in most, if not all fish.

Dr. Ozs recommendations and presentation now stand in direct contrast to the very latest in information from independent experts on Omega-3 fatty acids and brain development as well as the advice of the WHO and FAO.

As part of the January 26^th show, Dr. Oz clearly contradicted the FDAs original advice about eating seafood when he said mercury in seafood is a concern for not only pregnant women and children, but all of us. The FDA advice clearly states, for most people, the risk from mercury by eating fish and shellfish is not a health concern.

Dr. Oz also ignored the fact that the CDC study he cites actually says finding a measureable amount of mercury in blood or urine does not mean that levels of mercury cause an adverse effect.

Dr. Oz was also in error on the following points:

• Dr. Ozs explanation of why mercury is found in commercial seafood was incorrect. A recent FDA draft report on commercial fish and two California court rulings found virtually all the trace amounts of methylmercury present in ocean fish were naturally occurring. This is in stark contrast to freshwater fish that are regularly contaminated by man-made processes. Were Dr. Oz and his researchers unaware of this distinction?

• Dr. Oz overtly confuses commercial fish and recreational fish. When discussing a report that shows almost all freshwater fish found in the U.S. have some mercury in them he fails to explain that the study he referenced did not test the seafood available in restaurants and grocery stores. While this is a common error made by the press, an individual giving nutrition advice ought to be more careful. To clear up confusion on this point, researchers at UC Davis released a statement called, Mercury in Commercial and Sport-caught Fish: Apples and Oranges, which concludes The information presented in the study relates to fish that are typically recreationally caught. Commercially caught and sold fish (includes finfish, shellfish and mollusks) is safe and beneficial to consume. Were Dr. Oz and his researchers unaware that the study they were discussing was unrelated to fish primarily consumed in the U.S.?

• In the past it has been noted that Dr. Ozs team researched all available scientific evidence around this subject for the show on the 26^th. However, there is not a single mention or reflection of the findings of the following landmark studies, which look at the net effect (nutrients and mercury) of eating fish:
• • Fish Intake, Contaminants, and Human Health concluded in the Journal of the American Medical Association that avoidance of modest fish consumption due to confusion regarding risks and benefits could result in thousands of excess coronary heart disease deaths annually and suboptimal neurodevelopment in children.
  • Nutrient and Methyl Mercury Exposure from Consuming Fish concluded in the Journal of Nutrition that, among people in the Seychelles Islands who eat 12 fish meals a week, the beneficial influence of nutrients from fish may counter any adverse effects of MeHg on the developing nervous system.
  • Maternal seafood consumption in pregnancy and neurodevelopmental outcomes in childhood (ALSPAC study): an observational cohort study concluded in the Lancet that advice to limit seafood consumption could actually be detrimental. These results show that risks from the loss of nutrients were greater than the risks of harm from exposure to trace contaminants in 340 g [12 ounces] seafood eaten weekly.
  • Associations of maternal fish intake during pregnancy and breastfeeding duration with attainment of developmental milestones in early childhood: a study from the Danish National Birth Cohort concluded in the American Journal of Clinical Nutrition that similar to data from other prospective cohort studies, the results from the present study do not show any overall detrimental effect of prenatal fish intake on developmental milestones, but, rather, they show that higher maternal fish intake is associated with better early development.
  • The Preventable Causes of Death in the United States: Comparative Risk Assessment of Dietary, Lifestyle, and Metabolic Risk Factors concluded in the Public Library of Science that an estimated 84,000 preventable deaths a year are attributable to low omega-3/seafood intake.

We have provided you with demonstrable substantiation that Dr. Oz was in error on a number of points made during the original airing of his show that dealt with seafood consumption. We have provided you with irrefutable evidence that his messages about seafood and mercury are out of step with the very latest recommendations from independent researches and world health bodies.

We ask that you cancel the planned Thursday June 3^rd airing of this episode and replace it with another. It is our strong belief that a failure to do so would constitute not only a disservice to your viewers who expect up to date health and nutrition advice from Dr. Oz but a reckless disregard for the truth that, after being made aware of the latest science, constitutes actual malice.

We feel compelled to note that we are not the only party that has found fault with the content contained in your broadcasts. An April 2010 profile of Dr. Oz in the New York Times Magazine observed that the pressures of producing a daily television show had led him to dispense a chaotic bazaar of advice, not all of it equally reliable and important. Another article that appeared that same month in the Chicago Tribune concluded that, Oz’s ventures also offer advice unsupported by science. Our experience with your program reinforces those points.

Please update us on your plans.

Sincerely,

Gavin Gibbons

National Fisheries Institute

cc C. Denise Beaudoin

Legal Counsel

ZoCo Productions, LLC