And now:Ish <[EMAIL PROTECTED]> writes:

Texas firm guilty of selling pesticides for sanitizing toothbrushes
 7.54 a.m. ET (1154 GMT) July 15, 1999
http://www.foxmarketwire.com/wires/0715/f_ap_0715_10.sml

ABERDEEN, S.D. — A Texas company has been found guilty of illegally selling
pesticides used to sanitize floors and silverware for use in disinfecting
toothbrushes used by American Indian children in a Head Start program.

Friendly Systems Inc. of Irving, Texas, was found guilty in federal court
Wednesday of three counts of selling products with claims they could be
used for purposes different than those stated on its EPA-approved labels.

The maximum penalty is $200,000 on each count. Asked about an appeal, Mark
Werbner, a lawyer for Friendly Systems, said: "We'll have to discuss that.
I'm not sure.''

Prosecutors said the sales happened three times between November 1995 and
March 1997. The pesticides, Tisan and DDS-164, were being used to sanitize
children's toothbrushes at the Rosebud Sioux Tribe's Head Start centers.

The products are approved for sanitizing floors, walls, tables and kitchen
items such as glasses and silverware, but they are not registered for
killing germs on toothbrushes.

Parents have said 100 or more children were exposed to the chemicals and
many have developed medical problems such as nosebleeds, excessive fatigue,
chest and joint pains, headaches, tooth decay and blisters around the mouth.

Head Start programs are meant to benefit preschool children whose parents
are on public assistance or whose income is below the poverty level.

Assistant U.S. Attorney Randy Seiler characterized the company and its
saleswoman as too intent on making a sale to worry about the safety of
children.

"Does it make sense that a product that is used for cleaning urinals is
safe for cleaning toothbrushes for children in South Dakota?'' he asked.
"These claims substantially differ from the registration and the label.''

Werbner said the government had not proven a substantial difference between
the pesticides' approved use of cleaning silverware, for instance, and
toothbrushes, which also go in the mouth.

U.S. District Judge Charles Kornmann said sentencing won't happen until at
least Oct. 4.


© 1999, News America Digital Publishing, Inc. d/b/a Fox Market Wire.
Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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