News Release! News Release! News Release!
Date: October 16, 1996
Contacts: Norma Grier, NCAP, Eugene OR, (541) 344-5044
Jay Feldman, NCAMP, Washington D.C., (202) 543-5450
Deborah Mailander, Michael Axline, WELC, Eugene, OR (541) 485-2471
Court Rules that EPA Must Disclose Secret Ingredients in Pesticides
Two pesticide reform organizations today announced a historic ruling by the District of Columbia Federal District Court that significantly expands the public's right-to-know about secret chemicals in pesticide products. With limited exceptions, the Environmental Protection Agency (EPA) must now provide information about the identity of so-called "inert" ingredients in pesticide products.
"Pesticides are poisons," says Norma Grier, Executive Director of the Northwest Coalition for Alternatives to Pesticides (NCAP). "They are one of the few classes of toxic substances that are intentionally broadcast into the environment. This ruling puts a stop to pesticide industry secrets and gives all Americans the right to know the identity of pesticide product ingredients."
Using six pesticide formulations as the focus, NCAP and the National Coalition Against the Misuse of Pesticides (NCAMP), represented by the Western Environmental Law Center (WELC), in 1994 filed a Freedom of Information Act lawsuit arguing that EPA must publicly disclose the identities of these products' ingredients. The recent ruling upholds their claims.
"Americans are exposed to pesticides in their food, water, homes, schools, workplaces, and parks," says Jay Feldman, NCAMP Executive Director. "This decision provides public access to critically important information about the "inert" ingredients in these pesticides."
"Inert" ingredients are any of over 2,300 substances that are added to pesticides but are not named on product labels. Despite their name, they are neither biologically, chemically, or toxicologically inert. They often comprise most, even up to 99 percent, of a pesticide product. EPA has been routinely accepting manufacturers' claims that "inerts" are trade secret.
The court agreed with NCAP and NCAMP that EPA improperly relied on unsubstantiated claims by manufacturers that the identity of the ingredients was "trade secret" or "confidential business information." The court ruled that EPA and the manufacturers had failed to show that competitive harm would occur from release of the identity of the majority of chemicals in the pesticide products that were the subject of the lawsuit.
The opinion clarifies that these chemicals are not exempt from the Freedom of Information Act. "Federal agencies can no longer rubber-stamp chemical manufacturers' claims of confidentiality," said Deborah Mailander of WELC.
"The identity of the majority of ingredients in many pesticide products has been withheld in the past," says Michael Axline of WELC. "Now when people ask what is in the pesticides that they have been exposed to, EPA will have to tell them."
NCAP is a grassroots, regional organization that promotes sustainable resource management, prevention of pest problems, use of alternatives to pesticides, and the right to be free from pesticide exposure. Northwest Coalition for Alternatives to Pesticides (NCAP); PO Box 1393; Eugene, OR 97440 (541) 344-5044.
NCAMP is a national organization that coordinates grassroot citizen efforts to educate the public about the hazards of pesticides and alternatives to their use. National Coalition Against the Misuse of Pesticides (NCAMP); 701 E Street S.E., Suite 200; Washington D.C. 20003 (202) 543-5450.
The Western Environmental Law Center is a public interest environmental law firm representing grassroots citizen organizations who seek to enforce environmental laws. WELC; 1216 Lincoln St.; Eugene, OR 97401 (541) 485-2471