EPA Takes Action to Protect Public from an Illegal Nano Silver Pesticide in Food Containers; Cites NJ Company for Selling Food Containers with an Unregistered Pesticide Warns Large Retailers Not to...

Today's post was shared by US EPA News and comes from yosemite.epa.gov

 The U.S. Environmental Protection Agency has issued an order to the Pathway Investment Corp. of Englewood, New Jersey to stop the sale of plastic food storage containers that have not been tested or registered with the EPA, in violation of federal pesticides law. The company’s Kinetic Go Green Premium Food Storage Containers and Kinetic Smartwist Series Containers both contain nano silver as an active ingredient, and the company markets other products as containing nano silver, which the company claims helps reduce the growth of mold, fungus and bacteria. Such claims can only be made on products that have been properly tested and are registered with the EPA.

“Claims that mold, fungus or bacteria are controlled or destroyed by a particular product must be backed up with testing so that consumers know that the products do what the labels say,” said EPA Regional Administrator Judith A. Enck. “Unless these products are registered with the EPA, consumers have no information about whether the claims are accurate. The EPA will continue to take action against companies making unverified public health claims.”

Some pesticides have been linked to various forms of illnesses in people, ranging from skin and eye irritation to cancer. Some pesticides may also affect the hormone or endocrine systems. In many situations, there are non-chemical methods that will effectively control pests.

Under federal pesticide...

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Heath Concerns About the Misuse of Pesticides for Bed Bug Control

Hotel workers as well as consumes are being cautioned cautioned about exposure to pesticides to control bed bugs.
The Agency for Toxic Substances and Disease Registry (ATSDR) and the Centers for Disease Control and Prevention (CDC) are alerting the public to an emerging national concern regarding misuse of pesticides to treat infestations of bed bugs and other insects indoors. Some pesticides are being applied indoors even though they are approved only for outdoor use. Even pesticides that are approved for indoor use can cause harm if over applied or not used as instructed on the product label.
There has been a dramatic increase in the number of bed bug-related inquiries received by the National Pesticide Information Center (NPIC) over the past several years, with many involving incidents of pesticide exposure, spills, or misapplications. From January 2006-December 2010, NPIC reported 169 calls to their hotline where residents, homeowners, or pesticide applicators sprayed pesticides indoors to treat bedbugs. These cases involved pesticides that were misapplied, not intended for indoor use, or legally banned from use. Of those, 129 resulted in mild or serious health effects (including one death) for persons living in affected residences.
ATSDR warns that outdoor pesticides should not be used indoors under any circumstances. Homeowners and applicators should always carefully read the product label to make sure that:
it has an EPA registration number

• it is intended for indoor use
• it is effective against bed bugs (the label should say it is meant to be used to treat your home for bed bugs) and
• you know how to properly mix the product (if a concentrate) and where and how to apply it safely within the home.
• ....
  Jon L.Gelman of Wayne NJ, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).  

More About Pesticides

Workers' Compensation: Aerial spraying pesticides to fight ...

Aug 22, 2012

Based on reports from the United States Centers for Disease Control (CDC) arial spraying of pesticides has been mandated in Texas because of the number of reported cases of West Nile Flu. Questions are now being raised ...

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Workers' Compensation: Monsanto guilty of chemical poisoning in ...

Feb 14, 2012

Consistent with an enforcement trend by the EU to reduce agricultural pesticides used by 50% between 2008-2018, a French court on Monday declared U.S. biotech giant Monsanto guilty of chemical poisoning of a French ...

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Intentional Tort Claim Against Employer Proceeds for Pesticide

Aug 11, 2010

A US District Court in NJ is allowing a claim of injured agricultural worker to proceed against an employer directly for an intentional tort flowing from a pesticide spraying. The workers, residents of Puerto Rico, were employed ...

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Mother's Occupational Exposure to Pesticide Increases Child's Risk

Jul 02, 2009

A recent study by the McLaughlin Centre for Population Health Risk Assessment of the University of Ottawa finds that an increased risk of childhood leukemia is associated with the mother's exposure at work to pesticides.

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Claim Permitted Against Employer For Concealment of Chemical Dangers

A Federal Court permitted a claim a claim by the estate of a former worker to advance against an his employer despite the exclusivity bar of the workers compensation act. The employer had not warned the employee of the potential deadly side effects of pesticides.


In satisfying the two prong (conduct and context) NJ test for an intentional tort against an employer, the employee's estate set forth that the employer had intentionally and fraudulently concealed information of the hazardous nature of the chemicals and substances that the employee worked with as an exterminator.


The employee, who applied pesticides for 11 years, was not furnished with adequate safety equipment and was not provided with warning materials available to the employer.


The court held that employer's conduct was substantially certain to cause injury or death. The estate filed a certification substantiating the events surrounding the exposure and death; material Safety Data Sheets; and expert reports. Where the conduct of the employer is actively misleading and illness and death were substantially certain to occur the employ can be held liable.


Where the conduct of the employer in not protecting the employee is more than a fact of industrial life and is "plainly beyond anything the Legislature intended the Workers' Compensation Act to immune," the compensation act is not an exclusive remedy against the employer.


The Court held that the employer "understood the hazardous nature of the chemicals but failed to provide the decedent with the equipment necessary to ensure his safety. ".... the employer turned a "blind eye to the risks inherent chemical in the use of the chemicals" and went as far as hiding those risks so that the employee was not aware of their existence. "Concealment is hardly an expected fact of life in industrial
employment."

Click Here For Complete Decision: Blackshear v. Syngenta Crop Protection, Inc., Civ. Action No. 10-3585 (KSH) (USDCT - NJ 2011)

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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