The S&P 500 and Nasdaq briefly turned lower on Monday, and the Dow Jones industrial average pared gains, after the World Health Organization (WHO) commented on the swine flu outbreak.

In Geneva, a WHO emergency committee could raise its pandemic alert level to phase 4 or 5 as a deadly swine flu outbreak shows no signs of slowing, a spokesman said.

He also confirmed 40 swine flu cases now in the United States, 26 in Mexico, six in Canada and one in Spain.

The Dow Jones industrial average <.DJI> was up 21.27 points, or 0.26 percent, at 8,097.56. The Standard & Poor's 500 Index <.SPX> rose 0.16 points, or 0.02 percent, at 866.39. The Nasdaq Composite Index <.IXIC> added 1.60 points, or 0.09 percent, at 1,695.89.

(Reporting by Ellis Mnyandu; editing by Jeffrey Benkoe)

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