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P A N U P S
Pesticide Action Network Updates Service
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New York Sues Dow for Calling Dursban Safe

April 18, 2003

Dow Agrosciences is the target of legal action by the state of New York for
falsely advertising the pesticide Dursban as "safe."

In early April 2003, New York's state attorney announced that he will sue the
pesticide producing subsidiary of Dow Chemical Company for breaching a 1994
agreement against false advertising. The lawsuit, to be filed in the New York
Supreme Court, will seek a court order directing the company to stop deceptive
advertising. The state is also seeking monetary damages in the range of "tens of
millions" of dollars. Dow maintains that the charges are unwarranted.

Labels for Dursban continue to claim the safety of the product despite the
documented toxicity of its active ingredient, chlorpyrifos. Exposure to
chlorpyrifos can lead to a range of symptoms, including excessive salivation and
tearing, uncontrolled urination, weakness, nausea, vomiting, diarrhea,
headaches, pinpoint pupils, confusion and dizziness. Tremors, convulsions or
respiratory paralysis may occur at higher doses, sometimes leading to coma and
death. These neurological effects of exposure are caused by the chemicals
ability to block the function of cholinesterase, an enzyme necessary for the
proper transmission of nerve impulses.

According to New York State Attorney Eliot Spitzer, the state's 1994 agreement
with Dow specified that the company was to stop making public claims that
Dursban was "safe." Spitzer notes that such unsubstantiated safety claims are
also prohibited by state and federal law.

Chlorpyrifos is a suspected endocrine disruptor, with potential to interfere
with the natural function of estrogen, androgen and thyroid hormones. There are
no data suggesting that chlorpyrifos is a human carcinogen or reproductive
toxicant.

Chlorpyrifos is an insecticide used on agricultural crops, livestock and until
very recently for home pest control as well (primarily as a termiticide and in
pet flea collars). The U.S. Environmental Protection Agency estimates that about
20 million pounds of chlorpyrifos were applied in the U.S. in the year 2000,
about half for agricultural uses and half for residential uses. Approximately
half of all agricultural applications are in corn production.

Home use products containing chlorpyrifos are being phased out, with most uses
banned by the end of 2002. Some residential and other non-agricultural use of
chlorpyrifos will continue, including mosquito control, outdoor areas where
children's exposure is unlikely, and container baits in homes. Agriculturally,
the pesticide's use on apples and grapes has been restricted and use on tomatoes
was eliminated in 2000, but many other uses continue.

Chlorpyrifos was also highlighted in a recent report from the Centers for
Disease Control and Prevention (CDC) which measured chemicals in the blood and
urine of the U.S population. The CDC report documented metabolites of the
pesticide chlorpyrifos in study subjects, and found particularly high levels of
the chemical in children age 6-11 years (PANUPS, February 14, 2003,
http://www.panna.org/resources/panups/panup_20030214.dv.html).

In 1997, the New York State Attorney General filed a lawsuit against Monsanto
arguing that the company's advertising inaccurately portrayed Monsanto's
glyphosate-containing products (brand name Roundup) as safe and not causing any
harmful effects to people or the environment. As part of an out-of-court
settlement, Monsanto agreed to discontinue use of terms such as "biodegradable"
and "environmentally friendly" in all advertising of glyphosate-containing
products in New York state and paid US$50,000 toward the state's costs of
pursuing the case.

Sources: Press Release, New York Attorney General's Office "State to Sue
Pesticide Manufacturer Over Misleading Ads: Dow Chemical Co. Subsidiary to
Renege on Earlier Agreement" April 2, 2003; Reuters "NY sues Dow unit over
pesticide advertising" April 4, 2003
http://www.planetark.org/dailynewsstory.cfm/newsid/20371/story.htm ; PANUPS,
January 10, 1997.

For more information on Chlorpyrifos, visit:
http://www.panna.org/resources/documents/factsChlorpyrifos.dv.html and
http://www.pesticideinfo.org/.

Contact: PANNA.

PANUPS is a weekly email news service providing resource guides and reporting on
pesticide issues that don't always get coverage by the mainstream media. It's
produced by Pesticide Action Network North America, a non-profit and
non-governmental organization working to advance sustainable alternatives to
pesticides worldwide.

You can join our efforts! We gladly accept donations for our work and all
contributions are tax deductible in the United States. Visit
http://www.panna.org/donate.


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