A federal court in California has denied the motion to dismiss filed by The Hain Celestial Group in four consolidated putative class actions alleging that the company deceives consumers by labeling and promoting 10 of its Celestial Seasonings® teas as “100% Natural” when they contain chemical insecticides, fungicides and herbicides. Von Slomski v. The Hain Celestial Group, Inc., No. 13-1757 (C.D. Cal., order entered June 10, 2014). So ruling, the court disagreed that the plaintiffs failed to state a claim or lacked standing, or that the litigation should be dismissed under the primary jurisdiction doctrine. The company challenged the Eurofins test on which the plaintiffs rely to support their claim that the teas contain “significant levels” of man-made, chemical pesticides. According to the defendant, the plaintiffs failed to provide details about the testing, and the study “was published by ‘an admittedly biased short-seller that admits that it issued the report…
Tag Archives pesticide
The Environmental Working Group (EWG) has issued its 2014 Shopper’s Guide to Pesticides in Produce, which ranks pesticide contamination in “48 popular fruits and vegetables based on an analysis of more than 32,000 samples tested by the U.S. Department of Agriculture [USDA] and the federal Food and Drug Administration [FDA].” Apples topped this year’s annual “Dirty Dozen™” list of most pesticide-contaminated produce for the fourth year. Other fruits and vegetables in the Dirty Dozen include strawberries, grapes, celery, peaches, spinach, sweet bell peppers, imported nectarines, cucumbers, cherry tomatoes, potatoes and imported snap peas. Kale, collard greens and hot peppers were highlighted in a section called “Dirty Dozen-Plus™,” as items “frequently contaminated with insecticides that are particularly toxic to human health.” Avocados topped this year’s “Clean Fifteen™” list—fruits and vegetables with the least amount of residues, with only 1 percent showing any detectable pesticides. Other items on that list include corn, pineapples, cabbage, frozen sweet…
The Environmental Working Group (EWG) has requested that the U.S. Environmental Protection Agency (EPA) halt the use of a “post harvest growth regulator”—diphenylamine (DPA)—on apples “until a rigorous analysis (re-registration) by EPA of the chemical can prove that it poses a reasonable certainty of no harm to consumers.” EWG cites in support of its request a 2012 European Food Safety Authority finding that “it could not confirm the safety of [DPA] because producers had not provided information about DPA on European apples and pears,” the European Commission’s (EC’s) ban on the chemical’s use on pears and apples in June 2012, and the EC’s decision to reduce the allowable level of DPA on imports to 0.1 part per million. According to EWG, some 80 percent of domestic apples tested had measurable levels of the chemical on them, with the average level four times the European import limit. DPA is apparently applied after…
The U.S. Department of Agriculture’s Food Safety and Inspection Service and the U.S Environmental Protection Agency have announced an April 10, 2014, public meeting in Arlington, Virginia, to provide information and receive public comments on agenda items and draft U.S. positions for discussion during the 46th Session of the Codex Committee on Pesticide Residues of the Codex Alimentarius Commission in Hong Kong, China, on May 5-17, 2014. Agenda items include (i) revision to the Codex classification of food and feed for step 6-selected vegetable commodity groups (roots and tubers); (ii) draft discussion paper on guidance for setting maximum residue limits (MRLs) for pesticides for minor uses and specialty crops; (iii) revision of the committee’s risk analysis principles on pesticide residues; (iv) priority list for establishing MRLs for pesticides; and (v) guidance for assessing pesticide residue analysis methods. See Federal Register, March 26, 2014. Issue 518
A French organic winemaker has reportedly appeared in court to answer to charges that he defied an official order to spray his vineyard with a pesticide to prevent the spread of a leafhopper insect believed to be responsible for a devastating bacterial disease that has affected vines in Burgundy’s Côte-d’Or region, where Emmanuel Giboulot produces Côte de Beaune and Hautes-Côtes de Nuits organic wines. He claims that the pesticide does not work and is harmful to pollinating insects such as bees. He also apparently insists that more natural means can be used to fight the disease. According to a news source, Giboulot faces a six-month prison sentence and €30,000 (US$41,000) fine for failing to apply the insecticide treatment to his vineyard in July 2013. An online petition about his case has reportedly been signed by more than 40,000 supporters, and a large crowd gathered outside the Dijon court on March…
As many as 1,700 people in Japan have reportedly become ill after eating frozen food allegedly contaminated with the pesticide malathion, a chemical used to kill aphids in corn and rice fields. The food, which included frozen pizza and chicken nuggets and apparently contained 2.6 million times the permitted level of the pesticide, has been traced to manufacturer Maruha Nichiro Holdings. The company has issued a public apology and recalled some 6.4 million packages of frozen food—1.2 million of which have reportedly been recovered. Authorities say it is unclear how the items became contaminated and will continue to investigate. See BBCNewsAsia.com and YahooNewsCanada.com, January 8, 2014. Issue 509
Two Hawaiian counties have reportedly passed legislation designed to tighten regulations on biotech companies and the planting of genetically modified (GM) crops. After delaying the ballot to appoint a new member as a replacement for Nadine Nakamura, who vacated her seat to become Mayor Bernard Carvalho’s managing director, the Kauai County Council apparently voted 5-2 to override the mayor’s veto of a bill requiring agricultural companies to disclose information about their pesticide use and establishing no-spray zones around schools, residences, medical facilities, roads, and waterways. Slated to take effect in August 2014, the initiative has drawn criticism from seed and biotech companies, which have already considered taking the matter to court. Carvalho has also purportedly warned that the law could be open to challenge under state and federal preemption rules, the state’s Right to Farm Act and provisions in the County Charter. Additional details about the legislation appear in Issue…
The mayor of Kauai County, Hawaii, has vetoed a bill that sought to restrict pesticide use by agricultural companies developing genetically modified (GM) crops on the island. The bill would have required biotechnology crop companies to disclose what pesticides they use and established no-spray zones around schools, residences, medical facilities, roads, and waterways. Although the provision that aimed to restrict the growing of GM crops was eventually removed, seed companies that operate on Kauai reportedly said that the measure would disrupt their operations. Calling the bill “legally flawed,” Kauai County Mayor Bernard Carvalho Jr. purportedly agreed with the intent of the bill but argued instead for a study of the environmental and health impacts of pesticide use on the island. “We can and will find legal means to address these important health and safety issues,” Carvalho said in a statement. Critics reportedly claim that biotech crops contribute to extensive pesticide…
California’s pesticide regulator has reportedly filed a petition against Whole Foods alleging that several of its pet products, including cat litter and dog and cat flea spray, contain pesticides that have not been registered with the state. Cal. Dep’t of Pesticide Registration v. Whole Foods Mkt. Cal., Inc., No. 2013-00150499 (Cal. Super. Ct., Sacramento Cty., filed September 9, 2013). State law evidently requires pre approval of pesticide products so they can be tested and approved for safe use. The company is reportedly cooperating with the state and has indicated that it “looks forward to addressing the matter before a judge.” If Whole Foods has violated state law, California may impose fines. According to an agency spokesperson, failure to register pesticide products has been an ongoing issue with the Austin-based retail grocery chain and the agency intends to investigate it for a range of purportedly unregistered products. See Huffington Post, September…
Following a request from the European Commission concerning the declining health of bees in Europe, the European Food Safety Authority (EFSA) has published new guidance for assessing the potential risks to bees from the use of pesticides. Noting that a previous risk assessment for honeybees did not fully account for risks from chronic or repeat exposure to pesticides, or the potential risks to larvae, EFSA said that the new guidance fills these gaps, adds schemes for bumble bees and solitary bees and proposes a new method for assessing whether the potential harm posed to bees from the use of a plant protection product is acceptable. “This method—which gives a more precise assessment of acceptable loss of foragers than the existing approach—should afford greater protection to honey bee colonies situated on the edge of fields treated with pesticides,” said EFSA. According to EFSA pesticide experts, the attributes to protect honey bees are…
