Patricia Syverson, identified in court filings as one of the lead lawyers on the case, declined to comment through Lydia Rueda, a spokeswoman for Phoenix-based law firm Bonnett, Fairbourn, Friedman & Balint. Loveday said Dean "does not discuss details of pending litigation."

Feldman says the standards board needs to be tougher on applications for non-organic, non-essential additives.

"I don't think anyone can make a case that fortification materials are essential," says Feldman, a member of the board who voted against allowing DHA onto the list of approved non- organic substances. "You can say they're desirable. You can say that consumers want them. But you can't argue that they're essential to health."

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