Groups Sue EPA for Disclosure of Pesticide Inert Ingredients on Product Labels

Washington, DC–(ENEWSPF)–March 6, 2014.  Yesterday, Center for Environmental Health, Beyond Pesticides, and Physicians for Social Responsibility, represented by Earthjustice, filed a complaint against the U.S. Environmental Protection Agency (EPA) for failing to complete rulemaking that would require pesticide manufacturers to disclose the inert ingredients on their pesticide product labels. An inert ingredient is any ingredient that is “not active,” or not targeted to killing a pest.

“Consumers and users of pesticide products have a right to know all the ingredients that are in products they purchase so that they can make more informed choices in the marketplace,” said Jay Feldman, Executive Director of Beyond Pesticides. EPA’s 2010 proposal noted public disclosure “may lead to less exposure to… hazardous inert ingredient[s] because consumers will likely choose products informed by the label.” In turn, “pesticide producers will likely respond by producing products with less hazardous inert ingredients.”

Billions of pounds of pesticides are dispersed throughout the U.S. and enter our food supply, homes, schools, public lands and waterways. The public knows very little about the chemicals contained in most of these pesticides because under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), pesticide manufacturers are only required to list “active” ingredients that target a pest and not “inert” ingredients, despite the fact that many inerts are hazardous or suspected toxic chemicals

In general, inert ingredients are minimally tested despite state, federal and international agencies’ knowledge that they may be hazardous to human health. For example, the U.S. government lists creosols as a “Hazardous Waste” under Superfund regulations, yet allows these chemicals to be listed as inert ingredients in pesticide products. Creosols are known to produce skin and eye irritations, burns, inflammation, blindness, pneumonia, pancreatitis, central nervous system depression and kidney failure. The pesticide naphthalene is an inert ingredient in some products and listed as an active ingredient in others

Pesticide labels only identify the weight percentage of inert ingredients, which often comprise 50 to 99 percent of a formulation, and mislead the public into thinking that these other “inert” ingredients are safe. In 1997, EPA’s own studies found that “many consumers have a misleading impression of the term ‘inert ingredient’ believing it to indicate water or other harmless ingredients.”

“Pesticides are in the water we drink, the air we breathe, and the food we eat. Pesticide companies should not be able to keep us in the dark about the identity and toxicity of these chemicals,” said Caroline Cox, Research Director of Center for Environmental Health.

Back in 2009, EPA responded to two petitions, one by led by the Northwest Coalition for Alternatives to Pesticides (joined by Beyond Pesticides and 20 other organizations), and a second by 15 State Attorneys General, that identified over 350 inert pesticide ingredients as hazardous. The petitioners asked EPA to require these inert ingredients be identified on the labels of products that include them in their formulations. This action only happed after the Center filed a lawsuit in 2009 to compel EPA to begin the rulemaking process.

On December 23, 2009, EPA took another promising step forward with an Advanced Notice of Proposed Rulemaking (ANPR), anouncing its intention to seek public input on developing an inert ingredient disclosure rule. Putting forth two proposals, one would require listing of all ingredients already identified as hazardous and the other would require listing of all ingredients. The comment period for the proposals closed in April 2010, but EPA has taken no further action since then.

“EPA said that these inert ingredients should be labeled to protect consumers, but has done nothing to require such labeling. In the meantime, families and children exposed to these chemicals are suffering illnesses their doctors can’t adequately treat because they have no idea what chemicals they are dealing with,” said Wendy Park, attorney at Earthjustice. “The fact is that the EPA has identified hundreds of these ‘inert’ chemicals as hazardous or potentially hazardous. We need a safeguard in place to protect communities.”

Public comments in favor of the rule included support from doctors. “When pesticide producers refuse to identify all the ingredients in pesticides, doctors are compromised in their ability to treat patients,” said Barbara Gottlieb, Director of Environment and Health at Physicians for Social Responsibility. “Immediate access to information on inert substances in pesticides can make a critical difference in patient outcome.

Together with its allies, Beyond Pesticides hopes to move EPA forward on this important issue and establish public access to important information about the chemicals used around them.

Sources: Earthjustice, http://www.beyondpesticides.org

All unattributed positions and opinions in this piece are those of Beyond Pesticides.


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