Dow to sue over Quebec pesticide ban Claiming **no scientific basis** for residential ban, U.S. company demands $2-million (U.S.) in damages under NAFTA's Chapter 11
MARTIN MITTELSTAEDT Globe and Mail update April 9, 2009 at 6:44 PM EDT _http://www.theglobeandmail.com/servlet/story/RTGAM.20090409.wdow0409/BNStor y/National/home_ (http://www.theglobeandmail.com/servlet/story/RTGAM.20090409.wdow0409/BNStory/National/home) Dow AgroSciences LLC has decided to sue the federal government over Quebec's ban on the residential use of pesticides. The U.S.-based company, maker of the herbicide 2,4-D, is claiming $2-million (U.S.) in damages, using controversial provisions in the North American Free Trade Agreement that allow businesses to sue governments over regulations that harm their interests. Although Dow announced last year that it was mulling over such legal action, the company had until this month to file a formal notice of arbitration under NAFTA and begin its lawsuit. The case has attracted wide interest because so-called cosmetic pesticide bans are becoming increasingly popular, with Ontario recently following Quebec's lead in introducing one and many retailers removing chemical bug and weed killers from their shelves. Some environmental groups have been pointing to the possibility that Dow would launch its legal action as a reason for renegotiating the Chapter 11 provisions in NAFTA that allow investors to seek compensation over government regulations. But Dow said in its notice of arbitration, which has been posted on the Foreign Affairs and International Trade website, that its dispute has arisen because Quebec has “no scientific basis to impose the ban.” It says 2,4-D, a weed killer often used on dandelions, has received extensive testing and there is **no evidence** it poses a **health or safety risk to humans when used according to label directions.** Under NAFTA, Dow is required to challenge Ottawa, even though its problem is with a Quebec law. Health Canada, which regulates pesticides, has approved 2,4-D for use on residential lawns, and ironically, Dow is using the federal stamp of approval as part of the basis of its claim. A spokesperson for the company said its action wasn't taken to try to stop pesticide bans from spreading. **What is really important here is the scientific principle. Do we want regulations in Canada made on political whim or do we want them based on science?** said Brenda Harris, regulator and government affairs manager for Dow AgroSciences Canada Inc. But Lisa Gue, a spokesperson for the David Suzuki Foundation, said she was **disappointed** that Dow chose to go forward with the claim. **We*re calling on the federal government to vigorously defend Quebec*s ban on 2,4-D.** Martin Mittelstaedt is The Globe*s Environment Reporter ---------------------------------------------------------------------------- --------- Obviously, they haven't seen this latest study! Glyphosate formulations induce apoptosis and necrosis in human umbilical, embryonic, and placental cells _http://www.ncbi.nlm.nih.gov/pubmed/19105591?ordinalpos=1&itool=EntrezSystem 2.PEntrez.Pubmed.Pubmed_ResultsPanel.Pubmed_DefaultReportPanel.Pubmed_RVDocS um_ (http://www.ncbi.nlm.nih.gov/pubmed/19105591?ordinalpos=1&itool=EntrezSystem2.PEntrez.Pubmed.Pubmed_ResultsPanel.Pubmed_DefaultReportPanel.Pubmed_RV DocSum) Benachour N, Séralini GE. UniVersity of Caen, Laboratory Estrogens and Reproduction, UPRES EA 2608, Institute of Biology, Caen 14032, France. We have evaluated the toxicity of four glyphosate (G)-based herbicides in Roundup formulations, from 10(5) times dilutions, on three different human cell types. This dilution level is far below agricultural recommendations and corresponds to low levels of residues in food or feed. The formulations have been compared to G alone and with its main metabolite AMPA or with one known adjuvant of R formulations, POEA. HUVEC primary neonate umbilical cord vein cells have been tested with 293 embryonic kidney and JEG3 placental cell lines. All R formulations cause total cell death within 24 h, through an inhibition of the mitochondrial succinate dehydrogenase activity, and necrosis, by release of cytosolic adenylate kinase measuring membrane damage. They also induce apoptosis via activation of enzymatic caspases 3/7 activity. This is confirmed by characteristic DNA fragmentation, nuclear shrinkage (pyknosis), and nuclear fragmentation (karyorrhexis), which is demonstrated by DAPI in apoptotic round cells. G provokes only apoptosis, and HUVEC are 100 times more sensitive overall at this level. The deleterious effects are not proportional to G concentrations but rather depend on the nature of the adjuvants. AMPA and POEA separately and synergistically damage cell membranes like R but at different concentrations. Their mixtures are generally even more harmful with G. In conclusion, the R adjuvants like POEA change human cell permeability and amplify toxicity induced already by G, through apoptosis and necrosis. The real threshold of G toxicity must take into account the presence of adjuvants but also G metabolism and time-amplified effects or bioaccumulation. This should be discussed when analyzing the in vivo toxic actions of R. This work clearly confirms that the adjuvants in Roundup formulations are not inert. Moreover, the proprietary mixtures available on the market could cause cell damage and even death around residual levels to be expected, especially in food and feed derived from R formulation-treated crops. (http://www.papercut.biz/emailStripper.htm) -------------- next part -------------- An HTML attachment was scrubbed... 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