Attorney for Medicis manufacturer, of Malathion based Ovide - who writes below that
"USP grade Malathion is safe, effective and nontoxic" 

Our question to you: Is pure, USP Malathion safe, effective and nontoxic? 

When did a regulated pesticide become "safe and effective"

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Dear Subscribers, below is a letter sent to a company that promotes alternatives to pesticide poison head lice treatments.  Because the National Head Lice Information & Resources Center is a small dedicated company, they are at a loss as to what to do about this threat.  Here is the article mentioned in the attorney's letter: "Malathion Warning"

Malathion Warning -- Consumers may want to avoid using Malathion for health and safety reasons. Ovide lotion (by prescription) which contains .5% malathion has been reintroduced to the U.S. consumer market as a treatment for head lice. Malathion is a neurotoxic organophosphate and has been shown to be irritating to the skin and scalp. Children may not tolerate this treatment well because of the discomfort. More importantly, according to an alert from the Rachel Carson Council to the NPA, "adverse effects associated with malathion include eye damage, decreased immunity, liver damage, cancer, nerve toxicity, and developmental problems... Malathion can also interact with other cholinesterase inhibiting pesticides and certain drugs although the packaging fails to mention this." Malathion is also highly flammable and should never be used near any heat sources including hair dryers, and electric curlers, etc."

Medical professionals who prescribe Malathion for the treatment of head lice should determine whether a patient understands the risks associated with using Malathion as well as how to apply the treatment safely. They should also be warned that many head lice populations have developed resistance to Malathion.

Our question to you:  Is USP Malathion safe, effective and nontoxic? As described below....

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Snell & Wilmer 
LLP 
Law Offices
One Arizona Center
Phoenix, Arizona 85004
(602) 382-6000

VIA FACSIMILE'AND U.S. MAIL

Ms. Joan Sawyer
Ms. Roberta MacPhee
Sawyer Mac Productions
215 Lexington Avenue
Cambridge, MA O2138

Re: "National Head Lice Organization Rejects New Guidelines" Article Posted on www.NewsAlert.com Web-Site; "Malathion Warning" Article Posted on the AHLIRC Web-Site

Dear Ms. Sawyer and MacPhee:

Snell & Wilmer L.Lp. has been retained by Medicis Pharmaceutical Corporation ('Medicis") concerning the American Head Lice Information & Resource Center's ("AHLIRC") posting of the libelous press release/article titled "National Head Lice Organization Rejects New Guidelines" and AHLIRC's web-site article titled "Malathion Warning." As you know, Medicis is the maker of OVIDE® (malathion) Lotion.05%, a prescription lice pharmaceutical product.  Medicis is greatly concerned with the false statements made in your articles.

Specifically, the  "National Head Lice Organization Rejects New Guidelines" article made reference in three (3) paragraphs to OVIDE® being an "ineffective or highly toxic pesticide." This statement is false OVIDE is neither ineffective or toxic.  As you are fully aware, since you have been previously advised and sent information regarding this exact issue several months ago by Medicis, OVIDE 's active ingredient, malathion, is not just produced in one grade of chemical purity. Malathion can be used an industrial pesticide crop spray or in a pure USP ("United States Pharmacopoeia") form.

As you clearly know, medical studies and tests have been conducted concerning the industrial grade use of malathion, which conclude inappropriate use of the pesticidal spray malathion may have toxic side-effects.  The industrial grade of malathion contains many impurities which have been associated with reported side-effects. However, the USP grade of malathion contained in OVIDE is 99.7% pure and, as you know or should know, does not cause any "toxic" effects. The article you posted states the opposite and, in fact, indicates that the two purity grades of the chemical malathion are in fact the same.

The Food and Drug Administration has approved USP grade malathion as being safe and effective for a prescription anti-lice product.  Further, since 1971, malathion has been used in the United Kingdom as in active ingredient in various over the counter products to treat head lice.  Regulatory authorities in the United Kingdom have approved the use of malathion containing products for children down to the age of six months.  USP pure malathion is a safe effective chemical for the treatment of head lice.  Your references to OVIDE being "toxic and ineffective" are blatantly false.

Medicis is aware that the "National Head Lice Organization Rejects New Guidelines" article, has recently been removed from the NewsAlert.com web-site.  Regardless of its removal, the article was accessible to readers for several weeks.  As discussed, the article contained serious factual errors.  These false statements caused Medicis to suffer significant monetary damage and irreparable harm to its industry reputation.

Furthermore, Medicis is also aware the AHLIRC's own web-site, www.headliceinfo.com/whatup.htm, has posted an article with substantially similar factual errors.  The article titled, " Malathion Warning", references the Rachel Carson Council findings given to the National Pediculosis Association ("NPA"). Your author quotes the NPA article, stating, "[A]dverse effects associated with malathion include eye damage, cancer, nerve toxicity, and developmental problems. Once again, as you have been previously advised, these referenced side-effects are associated with use of the industrial grade of malathion.  The quoted side-effects do not occur with the use of USP pharmaceutical pure malathion, as is found in OVIDE.  Your reference to industrial grade malathion side-effects in an article concerning pharmaceutical grade malathion is false, and materially misleading to readers.  Any reader of this article would simply think the industrial malathion quote refers to the same chemical found in OVIDE, with the same stated side-effects. Clearly, this is untrue.  Your posting of this article with knowledge of its falsity demonstrates a reckless disregard for the truth.

Because of the false information contained in the Rachel Carson Council article promoted by the NPA which you have referenced, Medicis demanded that the NPA remove the article from their own www.headlice.org web-site. Debra Altschuler, the President of the NPA, removed the Rachel Carson Council article on November 2, 2000. Similarly, Medicis now demands that the "Malathion Warning" article be removed immediately in its entirety, with a retraction, from the www.headliceinfo.comlwhatup.htm web-site.  If the corrective action is not taken within ten (10) days following the receipt of this letter, Medicis will take appropriate action.

Further, Medicis will now closely monitor all articles published or posted by the AHLIRC.  The publication of similar articles will subject you and the AHLIRC to substantial risk.  What makes your acts even more egregious is that you are knowlingly making false statements solely to sell you own alternative head lice products.  As a reasonably prudent business promoter you should be aware of your liability for publishing these articles.  If further actionable articles are published by the AHLIRC, Medicis will take appropriate action against you, and the AHLIRC for the damages the false publications may have caused Medicis, along with any future damages similar articles promoted by the AHLIRC may cause Medicis.

Very truly yours,

Snell & Wilmer

/s/

Brian J. Foster

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(Editor:  Also read the full article mentioned in the letter National Head Lice Organization Rejects New Guidelines)

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