http://www.theithacajournal.com/news/stories/20031216/localnews/45444.html


Dow to pay $2M for making false pesticide safety claims

By MICHAEL GORMLEY
The Associated Press

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ALBANY -- A subsidiary of Dow Chemical Co. will pay a $2 million
court-ordered penalty to the state of New York for illegal safety
claims in advertising of its pesticides.

"By misleading consumers about the potential dangers associated with
the use of their products, Dow's ads may have endangered human health
and the environment by encouraging people to use their products
without proper care," New York Attorney General Spitzer said Monday.

Spitzer said the penalty involving the popular Dursban and other
pesticides is the largest in the nation's history.

Dow agreed to the $2 million penalty, but admitted no illegal or
erroneous advertising, said spokesman Garry Hamlin, adding that the
firm decided it would cost more to litigate the case than to pay the
penalty.

Dow officials said a 1994 agreement between the company and the state
prohibited advertisements touting the safety of its pesticide
products.

"The 1994 agreement restricted our ability to support and defend our
products," said Guy A. Relford, the company's head of litigation,
"even if our statements were true."

For instance, Relford said, the old agreement was interpreted by
Spitzer as prohibiting telling people that the federal Environmental
Protection Agency had registered one of Dow's products as a reduced
risk pesticide.

State Supreme Court Judge Joan Madden in Manhattan issued the consent
order that requires the firm to pay the $2 million penalty, prohibits
it from making safety claims about its pesticides, and requires it to
start a compliance program. That program will include an internal
review of all ads and future ads by Dow in New York state and removal
of any safety claims. The company will also have to provide training
to comply with advertising restrictions.

Spitzer investigated Dow ads from 1995 to this year.

Among the advertised claims cited by Spitzer was: "No significant
adverse health effects will likely result from exposures to Dursban
even at levels substantially above those expected to occur when
applied at label rates."

"Excellent studies conducted by independent scientists have clearly
shown that chlorpyrifos, the active ingredient in Dursban, is toxic to
the human brain and nervous system and is especially dangerous to the
developing brain of infants," said Dr. Philip Landrigan of the
Department of Community and Preventative Medicine at Mount Sinai
Medical Center in New York City.

Spitzer said he was surprised $2 million is apparently the largest
pesticide penalty.

"I was a bit incredulous and I said go back and check because $2
million does not seem that enormous given the risks and harm that flow
from some of these pesticides," Spitzer said. "I think we need to do
better."
Spoken like a true pre-law major.

Message-id: <27afd67f.0312171736.290b0bbf@posting.google.com> writes:

I bought a great big bottle while it was still available.