Natural Resources Defense Council Inc. v. PETCO Animal Supplies Stores Inc.; Central Garden & Pet Company; Farnam Companies Inc.; Sergeant's Pet Care Products Inc.; Virbac Corporation; Wellmark International; Albertsons Inc.; New Albertsons's Inc.; Drs. Foster & Smith Inc.; Fins, Furs & Feathers Inc. dba Petstore.Com; Jeffers Inc.; KV Vet Supply In
Published: Jan. 22, 2011 | Result Date: Dec. 10, 2010 | Filing Date: Jan. 1, 1900 |Case number: RG09487873 Settlement – Equitable Agreement
Court
Alameda Superior
Attorneys
Plaintiff
Jonathan D. Weissglass
(Law Office of Jonathan D. Weissglass)
Barbara J. Chisholm
(Altshuler Berzon LLP)
Defendant
Michele B. Corash
(Morrison & Foerster LLP)
Facts
The Natural Resources Defense Council (NRDC) filed suit against pet product retailers and manufacturers for failing to comply with California's Safe Drinking Water and Toxic Enforcement Act. NRDC also petitioned the Environmental Protection Agency to order the removal of flea and tick collars containing a cancer-causing chemical called propoxur from pet products nationwide.
Businesses are prohibited from knowingly exposing consumers to any chemicals "known to cause cancer or reproductive harm" without proper warning. Propoxur was listed as a carcinogen in California. By law, these products should have received warning labels as of Aug. 11, 2007.
The NDRC claimed that the carcinogen not only puts household pets at risk, but also puts the whole family's health in jeopardy. In a 2009 study, NRDC found high levels of propoxur and tetrachlorvinphos on pet fur after use of ordinary flea collars. Both chemicals are commonly used in household pet products. Such chemicals can cause damage to the brain and nervous system and may cause cancer.
The findings emphasized the danger to humans, especially young children since they are more likely to place their hands in their mouths after petting an animal, thereby causing them to ingest hazardous residues. This is of particular concern to children because their neurological and metabolic systems are still developing.
Result
Eighteen pet product retailers and manufacturers, including PetSmart and PETCO, agreed to put warning labels on flea and tick collars that contain propoxur.
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