FOR IMMEDIATE RELEASE
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Jim Wheaton,
Environmental Law Foundation, 510-208-4555
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Additional information: www.envirolaw.org/cases/poison.html
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Company promotes popular home fertilizer containing lead, arsenic as “environmentally safe”
The allegations of the complaint are as follows: The Arizona-based Ironite Products Company's signature product, "Ironite," is made from mine tailings from a proposed Superfund site in Humboldt, Arizona. Ironite contains high levels of lead and arsenic – heavy metals that are known to cause cancer and reproductive harm. The arsenic and lead levels in Ironite exceed California Department of Food and Agriculture (CDFA) regulations, and labels on Ironite omit information about the contents of heavy metals as required by California law. Ironite is promoted by its manufacturer as "environmentally safe" and recommended for use on vegetables, flowers, lawns, potted plants, shrubs and trees.
"When
it comes to fertilizers, what you see is not necessarily what you get. Ironite
Products Company is passing mining waste along to consumers as fertilizer
that is environmentally friendly for you and your garden," said James Wheaton,
President of Environmental Law Foundation (ELF).
A number of
governmental and non-profit group investigations have shed the light on the
flow of "recycled" toxic waste from U.S. factories to fertilizer companies
and the lack of government oversight. Some fertilizer manufacturers use toxic
waste as a cheap and plentiful source of plant micronutrients, such as zinc
or iron. However, such waste streams are often highly contaminated with persistent
toxic chemicals, including heavy metals and dioxin.
In 1998
the Washington State Legislature passed the Fertilizer Regulation Act, the
first law in the country to adopt standards and to require disclosure of the
contents of heavy metals in fertilizer. The Washington Department of Agriculture
has vigorously enforced its laws against Ironite Products Company and has
issued a number of stop sale orders on Ironite.
In
October 2001, CDFA passed its own set of standards limiting the amount of
arsenic, cadmium, and lead in fertilizers. These standards went into effect
January 1, 2002. The CDFA also requires disclosure on fertilizer labels of
the maximum levels of nine heavy metals, or, alternatively, a statement on
labels referring customers to a toll-free number or website for metals information.
Companies were given extra time to comply with the labeling provisions, which
go into effect today.
Canada banned the use of Ironite in 1997 because of its high heavy metals content. But in California and across the country, Ironite can be found on the shelves of major retailers, including Ace, Albertsons, Home Depot, Lowe's, Target, True Value, Walgreens, and WalMart.
The
Ironite Products Company posts the content of heavy metals in its fertilizer
on the Washington State Department of Agriculture’s website.
ELF is suing Ironite Products Company under the California Business and Professions Code and the California Food and Agriculture Code in San Francisco Superior Court. The group will ask the court to order the Company to halt its distribution of Ironite in California until it reduces the amount of lead and arsenic in Ironite, and until it labels Ironite in compliance with California law.
The
Environmental Law Foundation is a non-profit organization dedicated to preserving
and enhancing human health and the environment by working to reduce public
health hazards posed by toxic chemicals.
For more information
about the lawsuit and toxic fertilizer, visit ELF's website at www.envirolaw.org/poison.html