Attny General Announces Lawsuit Against Dursban Manufacturer For False Safety Claims

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http://www.nytimes.com/2003/04/03/business/03DOW.html

" Dursban, once a common household pesticide, is still used in agricultural products. It contains chlorpyrifos, a synthetic compound linked to severe health problems in humans, including nerve damage, asthma and birth defects… "

New York Times

April 3, 2003

Spitzer Says He'll Sue Dow Chemical Unit

By THE ASSOCIATED PRESS

GARDEN CITY, N.Y., April 2 (AP) — Attorney General Eliot Spitzer of New York said today that he intended to sue a leading pesticides manufacturer, contending it violated a 1994 agreement against falsely advertising a product.

In a speech on children's health issues at Adelphi University, Mr. Spitzer said his office had notified Dow AgroSciences, a subsidiary of the Dow Chemical Company, that it intended to sue over suspected violations of an agreement governing the advertising of the pesticide Dursban.

A spokesman for Dow Agro- Sciences, which is based in Indianapolis, said the company would mount a " vigorous defense " against Mr. Spitzer's " meritless allegations. "

Mr. Spitzer contended that a 1994 pact called for the company to stop contending that Dursban was safe. Since then, according to the attorney general, the company has continued to say it is safe.

" Consumers must not be lulled into a false sense of security by misleading safety claims, " he said. " They should be urged to use pesticides only with the utmost caution. "

The company was sent a letter today, giving it five days' notice of the intent to sue. The lawsuit, which is expected to be filed next week in New York State Supreme Court in Manhattan, seeks a court order directing the company to halt the advertising, said a spokesman for Mr. Spitzer, Marc Violette.

The lawsuit also calls for monetary penalties.

Dursban, once a common household pesticide, is still used in agricultural products. It contains chlorpyrifos, a synthetic compound linked to severe health problems in humans, including nerve damage, asthma and birth defects, Mr. Violette said.

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