Lawsuit Challenges TruGreen Chemical Lawn Care Company for Deceptive Safety Claims; Pesticide Applications Stopped by Some States During COVID-19 Crisis as Nonessential
(Beyond Pesticides, March 30, 2020) Last week, Beyond Pesticides sued TruGreen, the national chemical landscaping company, for misrepresenting the safety of the toxic chemicals that it uses to treat lawns. The case is Beyond Pesticides v. TruGreen (DC Superior Court, Case No. 2020CA001973B, March, 20, 2020). At the same time, the organization is urging all states to prohibit toxic chemical spraying in neighborhoods as non-essential and hazardous. Widespread exposure to lawn pesticides, which are immune system and respiratory toxicants, can elevate serious risk factors associated with COVID-19 (coronavirus).
As part of its marketing, TruGreen tells consumers that it offers environmentally friendly, sustainable lawn care services that use no chemicals that may cause cancer, allergic reactions, or other health or environmental harms. These claims, according to Beyond Pesticides’ complaint, are false and deceptive and illegal under the laws of the District of Columbia.
Advocates suggest that during the COVID-19 crisis the cessation of pesticide applications in neighborhoods across the U.S. will reduce involuntary exposure to chemicals that exacerbate respiratory and immune system illness and risk factors associated with coronavirus. Lawn care services have been determined by some states to be non-essential services and are prohibited from applying chemicals and delivering other lawn services. However, TruGreen has notified customers that it will continue to deliver services where permitted. Some companies are reporting cancellations. The litigation is intended to curtail use of hazardous pesticides long-term.
TruGreen makes several claims to consumers that, according to the lawsuit, the company knows to be false. As stated in the complaint, “TruGreen purports to offer environmentally friendly, sustainable lawn care services that use no chemicals that may cause cancer, allergic reactions, or other health or environmental harms.” Beyond Pesticides shows that these claims are false and deceptive.
Quoting from TruGreen’s information to consumers, identified as false and deceptive in the ligitation:
“We will not approve products containing known or probable human carcinogens as defined by the U.S. EPA, the National Toxicology Program, or the International Agency for Research in Cancer [IARC].”
“We do not approve products that are known skin sensitizers or that may produce allergic reactions.”
“We do not approve products known or thought likely to leach to groundwater when applied to lawns.”
In fact, TruGreen uses the weed killer glyphosate (Roundup), which is identified by IARC of the World Health Organization as probably carcinogenic. It uses a chlorophenoxy (Tri-Power) another weed killer whose label warns of “irreversible eye damage” and “allergic reactions.” Another hazardous pesticide identified in the lawsuit is triclorfon (Dylox), a neurotoxic organophosate insecticide.
As stated in the complaint, TruGreen’ s representations are intended to, and do, portray to consumers that its lawn care services are environmentally responsible and free from harmful chemicals.
“It’s time that chemical lawn care companies to stop deceiving the public and their customers with deceptive, misleading, and false information on the real hazards of the pesticide they use,” said Jay Feldman, executive director of Beyond Pesticides. “These practices are particularly abhorrent, given the availability of organic compatible products that do not cause harm,” said Mr. Feldman.
Beyond Pesticides advocates for the adoption of organic land management, a systems approach that eliminates toxic chemical pesticides and fertilizers and builds organic matter and soil biology as a means of cycling nutrients for plant health. This approach is successfully and economically used in managing lawns, parks, and playing fields across the country.
TruGreen’s false and misleading representations and omissions violate the District of Columbia Consumer Protection Procedures Act (“DC CPPA”), D.C. Code§§ 28-3901, et seq. Beyond Pesticides is represented by the Richman Law Group in New York City.
A rising international force of rebel botanists armed with chalk has taken up street graffiti to highlight the names and importance of the diverse but downtrodden flora growing in the cracks of paths and walls in towns and cities across Europe.
The idea of naming wild plants wherever they go – which began in France – has gone viral, with people chalking and sharing their images on social media. More than 127,000 people have liked a photo of chalked-up tree names in a London suburb, while a video of botanist Boris Presseq of Toulouse Museum of Natural History chalking up names to highlight street flowers in the French city has had 7m views.
For more than a month, we've been sheltering in place, and you haven't heard much from us. But rest assured, we haven't stopped working....
Now more than ever, it’s important to have safe parks. Unprecedented numbers of people, of all ages, are seeking exercise, recreation, and access to natural beauty in our parks as we shelter in place to avoid spreading the Covid-19 virus. It is imperative that parks be free of toxins that can cause disease and compromise our immune systems. This means no harmful, synthetic pesticides should be applied at this time.
Our Resolution was about to be introduced on March 12, 2020, before City Council suspended it’s meetings.
The resolution urges the City of Philadelphia to immediately halt the purchase and use of any herbicides containing glyphosate and/or 2,4 D and to phase out the use of all other synthetic herbicides on all city owned and leased grounds over the next 18 months as these herbicides include known carcinogens and pose serious health risks to all those frequenting City parks, recreation centers, fields and other public spaces. It further urges the City to replace use of such herbicides with safe methods known as organic driven integrated pest management.
-We will continue to advocate for this goal and work with City Council to pass this Resolution.
-We secured a Pilot Park Program to transition two Philadelphia parks to organic land management practices in partnership with Non Toxic Neighborhoods. More details on this are forthcoming.
These are challenging times. Philadelphia residents are facing the risk of illness, food insecurity, unemployment, school closures and social isolation. At the same time, people are acting with great compassion. Still, the widespread use of harmful, synthetic pesticide use continues to be a public health crisis with long term ramifications, and we will continue to press for positive change.
The Black Institute Shows Higher Pesticide Use in Low-Income Neighborhoods in New York City, Calls for Pesticide Ban in Parks
Toxic pesticide use in New York City (NYC) parks would get the boot if a bill — Intro 1524 — being considered by the New York City Council passes. The bill “would ban all city agencies from spraying highly toxic pesticides, such as glyphosate (Roundup), and be the most far-reaching legislation to implement pesticide-free land practices in New York City parks,” according to a press release from its sponsors, New York City Council members Ben Kallos and Carlina Rivera. The January 29 hearing on the bill in the council’s Committee on Health was preceded by release of an important report from The Black Institute: Poison Parks, which calls out the NYC Parks Department for, in particular, its continued use of glyphosate-based herbicides. It also notes, “Minority and low-income communities suffer from the use of this chemical and have become victims of environmental racism.”
NYC Council members Kallos and Rivera point out, in their joint press release, that glyphosate is the pesticide most intensively used by city agencies, and that, “The use of this pesticide poses a health risk for anyone who frequents city parks and playgrounds, as well as, city workers, including city parks employees who come into contact with glyphosate containing chemicals while spraying.” Council member Rivera said: “Our parks and open spaces are critical to our health when our communities have so few of them, so we have to make sure our city is pushing toward making them safer, greener, and more resilient. But no New Yorker should ever have to be exposed to toxic pesticides and it is long past time that our city ban these dangerous chemicals.” Member Kallos added, “Parks should be for playing, not pesticides. All families should be able to enjoy our city parks without having to worry that they are being exposed to toxic pesticides that could give them and their families cancer.”
The Poison Parks report puts its advocacy of nonchemical management of public land in an environmental justice, as well as a public health, context. It defines environmental racism as racial discrimination in: environmental policy-making; the enforcement of regulation and laws; the deliberate targeting of communities of color for toxic waste disposal and the siting of polluting industries; the official sanctioning of the life-threatening presence of poisons and pollutants in communities of color; and the history of excluding people of color from mainstream environmental groups, decision-making boards, commission[s], and regulatory bodies. It also says that the Environmental Justice movement “has failed to address large-scale environmental practices, funded by big business, [that] disproportionately affect communities of color.”
The report includes data and maps that demonstrate the impacts of such environmental racism, including this from 2017–2018: “In Manhattan, Harlem was disproportionately sprayed in comparison with the rest of Manhattan. When analyzing this data, only locations that included parks, playgrounds, or recreation centers on park land were considered. Of the fifty parks or playgrounds sprayed in Manhattan in 2018, only 8 locations were not in Harlem. Forty-two locations were in Harlem where about 62% of the population is Black or Brown.” (Manhattan boasts more than 100 city parks.)
The Black Institute President Bertha Lewis said, in comments to the New York Daily News, “We understand the movement about climate and pollution going on. Too many times, the effect on black people and brown people and people of color is an afterthought.” The Bronx Chronicle also quotes Ms. Lewis: “Millions of New Yorkers rely on our public parks. Children, seniors, working people, immigrants, and their pets use them every day, but most don’t know the weed killer Roundup™ used in our parks is literally poisoning them. As our report shows, the neighborhoods affected are black and brown communities, such as Idlewild Park in Queens, where 90% of the residents are black. Average New Yorkers can’t just go to a park upstate or [on] Long Island to enjoy the outdoors. Public parks are the backyard for most New York City residents. We have banned plastic bags, we have banned trucks idling, and we have banned Styrofoam™. It is high time we ban the weed killer Roundup™.”
In the Executive Summary, the report cites the long-standing use of Roundup (made by Monsanto, now owned by Bayer AG) by the New York City Parks Department, and says, “Glyphosate is slowly poisoning state and city employees, children, the elderly, and pets,” adding that city employees who apply the herbicide are at the greatest risk of harm because of their consistent exposure. The report further decries NYC agencies’ argument that glyphosate herbicides such as Roundup cause no harm because they are approved by the Environmental Protection Agency (EPA).
Poison Parks correctly notes that EPA permits toxic pesticides to remain registered (allowed for use) and on the market for years and years because its protocol is to review registrations only every 15 years. Roundup has been on the market since 1974. Its effects had “not been studied since 1993,” according to Poison Parks, which also says that in a 2018 review, EPA repeatedly found “something biased or inadequate in each case reporting a positive correlation between non-Hodgkin lymphoma and exposure to glyphosate. At the same time, any report with findings supporting that glyphosate does not cause cancer faced far less scrutiny.”
The report advocates for laws — “below” the federal level, given the state of EPA — that ban the use of glyphosate: “There are safe and healthy methods of reducing weeds without the use of toxic chemicals that threaten [New York] City’s most vulnerable. . . . Parks and recreation areas are timeless community magnets. They provide a place of relaxation and connection to others: a place for children to play, our pets to be free, and opportunity to escape the grind of city life, and need to be protected.” Poison Parks calls on New York City to:
The issue is made more urgent, for New York City and for many, many municipalities and states, because most environmental regulation below the federal level in the U.S relies heavily on the determinations of EPA. Under the Trump administration, federal environmental regulation generally, and regulation of pesticides, in particular, have been dramatically weakened; this administration and its EPA clearly advantage agrochemical and other industry interests over the health of people and ecosystems. The consequent loss of public trust in federal agencies broadly, and EPA in particular, reinforce the need for localities to step up and protect local and regional residents and environments.
The bill, which was first proposed in 2015 after Member Kallos heard from students at NYC Public School 290 about their worries about the toxicity and health impacts of pesticides on people and animals, would also establish a 75-foot protective buffer between any natural body of water and permitted pesticide use. On January 29, bill sponsors Kallos and Rivera, and 34 NYC Council colleagues sent a letter to Mayor Bill de Blasio, requesting that he put a moratorium on the use of toxic pesticides “until policies and procedures can be codified by the City Council and relevant agencies.”
Mr. Feldman’s comments at the Committee on Health hearing included: “With glyphosate being the poster child for unacceptable, hazardous pesticide use around our children and families, this legislation is critically needed to protect the residents and the environment of New York City, and advance the adoption of organic land management practices in parks and playing fields. . . . The approach to land care specified by this legislation identifies an allowed substance list to ensure that the products and practices used are compatible with the organic systems that protect people and local ecology. It is this approach to pesticide reform that will effectively stop the unnecessary use of hazardous pesticides applied in parks and public spaces throughout the city. While addressing urgent local concerns related to public and worker health and the environment, passage of this law in New York City will make an important contribution to reversing the escalating crises in biodiversity, including pollinator declines, and the climate crisis — which are exacerbated by petroleum-based, synthetic pesticides, the release of carbon into the environment, and the lost opportunity to sequester carbon in organic soil systems.”
(Beyond Pesticides, February 12, 2020) Corteva, a company spun-off from DowDupont, will stop producing chlorpyrifos by the end of this year as a result of declining sales. Despite the move being in the interest of public health, the company is earning little praise from health advocates for what amounts to simply a shrewd financial decision. As news articles on the announcement have noted, Corteva will continue to support Environmental Protection Agency (EPA) registration of chlorpyrifos, which allows generic manufacturers to continue to sell this brain-damaging chemical.
“Other people are going to continue to profit from harming children,” said Marisa Ordonia, an attorney with the group EarthJustice to Canada’s National Observer. “It is big that such a major player is saying no, we’re not going to do this any more. It’s a great signal that people don’t want brain-damaging pesticides on their food. But we’re going to continue to keep fighting to make sure children and farmworkers are protected.”
At odds is the difference between halting production of chlorpyrifos and cancelling its EPA registration. While Corteva has the ability to voluntarily stop producing its own product, EPA registration permits other generic manufacturers to continue to producing the product. And, over the years, there would be nothing to stop Corteva from reintroducing “new” chlorpyrifos products back onto the market.
Chlorpyrifos is an organophosphate class insecticide. Chemicals in this class are known to inhibit the proper nerve functioning by inactivating the enzyme acetylcholine esterase. Acute exposure to chlorpyrifos can result in numbness, tingling sensation, in-coordination, dizziness, vomiting, sweating, nausea, stomach cramps, headache, vision disturbances, muscle twitching, drowsiness, anxiety, slurred speech, depression, confusion and in extreme cases, respiratory arrest, unconsciousness, convulsions, and death. The chemical’s use in agriculture means that the general public is regularly exposed to smaller doses of the chemical in food.
The most concerning impacts of chlorpyrifos are seen in low income, fenceline, minority, and farmworker communities, where working or living near chlorpyrifos-sprayed fields can mean high rates of chronic exposure.
A study from the Columbia Children’s Center for Environmental Health (CCCEH) at Columbia University found that children exposed to high levels of chlorpyrifos had mental development delays, attention problems, attention-deficit/hyperactivity disorder problems, and pervasive developmental disorder problems at three years of age. Concentrations of chlorpyrifos in umbilical cord blood also corresponded to a decrease in the psychomotor development and a decrease in the mental development in 3 year olds. A follow-up study in 2012 finds that children with high exposure levels of chlorpyrifos have changes to the brain, including enlargement of superior temporal, posterior middle temporal, and inferior postcentral gyri bilaterally, and enlarged superior frontal gyrus, gyrus rectus, cuneus, and precuneus along the mesial wall of the right hemisphere.
In 2016, EPA under the Trump administration reversed an impending ban on the chemical after, records reveal, then-EPA administrator Scott Pruitt met privately with Dow Chemical’s CEO. Since that time, EPA and environmental groups have battled out the chemical’s use in the courts (see this previous Daily News for a timeline). In July 2019, the agency announced officially that it would permit continued uses of chlorpyrifos indefinitely.
While EPA continues to fail to meet its namesake charge of protection of the environment, states and countries around the world taking meaningful action. Two years ago, Hawaii became the first state to take action through a phase-out that completely eliminates all use of the chemical by 2022. Soon after California became the first state to eliminate use through the rulemaking process. In New York, a law passed by the state legislature implementing a ban prior to Hawaii’s was vetoed by Governor Cuomo (D) and shunted to a slower state rulemaking process. Meanwhile, the EU decided not to renew its registration for the chemical, permitting only a short grace period of 3 months for final storage, disposal and use.
The removal of Corteva (DowDupont) from the chlorpyrifos marketplace is indicative of a pattern within the current administration that puts profit at all cost above the health of the American people, and American children in particular, according to advocates. Decisions regarding public health should not be determined by the dictates of the marketplace, but by the sound science in states like NY, CA, and HI, the EU and other countries are following for the benefit of their residents. Help us send a message to EPA that science matters, and the agency must promote scientific integrity over corporate profits by signing your name today.
All unattributed positions and opinions in this piece are those of Beyond Pesticides.
Source: Reuters, Canada’s National Observer
Use of Pesticides in Philadelphia Parks
In response to a Right to Know request, in June of 2019 Philadelphia Parks & Recreation provided the following information on their pesticide usage:
Proclypse or Prodiamine 65
Aquaneat (aquatic foliar) – alternates: Rodeo or AquaPro
Clean Slate – alternates: Transline or Stinger
Escort XP or Patriot
RoundUp - alternates: Ranger Pro or KleenUp
Basal bark or cut stump
Garlon 4 Ultra or Triclopyr 4
Captain XTR or Cutine Plus
Reward or Diquat SPC 2L
And the fungicide Zerotol 2.0
We have submitted a similar right to know request to the Philadelphia School District, and when they respond, we will post their response to this page.