Lawn Care Companies Breaking Federal Advertising Regulations: Toronto Report

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        Subject:     Lawn Care Companies Breaking Federal Advertising Regulations: Toronto Report
           
Date:     Fri, 23 Aug 2002 15:40:13 -400 
           From:     Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)

To:     Paul Helliker <phelliker@cdpr.ca.gov>
          Director, State of California, Department of Pesticide Regulation 

cc:   "Brian J. Foster" <bfoster@swlaw.com>
cc:    Christine Whitman whitman.christine@epa.gov

Monday, August 19, 2002 - Lawn Care Companies Breaking Federal Advertising Regulations: Toronto report by JORDAN HEATH-RAWLINGS - Canadian Press.

TORONTO (CP) - A Toronto environmental group is set to release a report on Tuesday that accuses several Ontario lawn-care services of breaking federal law by advertising potentially dangerous pesticides as "safe."

The report from the Toronto Environmental Alliance, obtained by The Canadian Press on Monday, says that the federal Pest Management Regulatory Agency (PMRA) prohibits companies from advertising pesticide services with terms like "safe" or "ecologically friendly."

"We looked at the ads and Web sites of the pesticide industry and compared them to federal law," said Rich Whaley, toxics program co-ordinator for the alliance. "We found that roughly 75 per cent of the advertising was illegal."

"This is the one area where the government is really clear: it says you can't claim (pesticides) are safe."

The report lists 31 violations of PMRA regulations and urges the federal government to enforce them.

"We're not sure why the government hasn't kept a closer eye on what the lawn-care companies put on the Web," Whaley said.

The Pest Control Products Act says companies may not market pesticides in a way that "is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety."

The environmental alliance's report states that "according to the PMRA, this clause makes it illegal to say a control product is 'safe."'

Federal Environment Minister David Anderson was not available for comment on Monday.

But Chris Krepski, a spokesman for Health Canada, said that lawn-care companies face strict advertising controls.

"The manufacturer of a pesticide has to say that his product is for used for these specific uses, and we test for that use and the advertising surrounding it."

Krepski said the government would look into the report's claims on a case-by-case basis once it's released, adding it would ensure the law is enforced.

Lawn-care agencies responded immediately, saying they're careful with their advertising.

"When you are advertising, you do have to watch the wording," said John Ladds, spokesman for lawn-care company Turf Management. "We have actually called the PMRA on some competitors ... and it all comes down to what the PMRA considers legal."

Turf Management and the Weed Man franchise that it controls have never advertised in a misleading way, Ladds said.

"If we were, the PMRA would have contacted us already. We are the largest lawn-care company in Canada ... a competitor would have seen (our ads) and called the PMRA."

Other lawn-care companies were also skeptical when told of the environmental report.

"We've never been told we're breaking the law," said Kyle Tobin, owner of Lawnsavers, one of the companies named in the report.

The report claims that Lawnsavers' code of practice, "Safe, Green, Effective and Worry-Free," is a violation of PMRA regulations because Lawnsavers provides pesticide services.

But Tobin said that pesticides are used sparingly, and are not intended to be included in Lawnsavers' regular services.

"Our code of practice was created to specify that we do not use pesticides unless it is to care for a sick plant," he said. "Just like a doctor would not haphazardly prescribe medicine without a proper cause, our company, and the majority of the industry, operates the same way."

The owner of another lawn-care service named by the report, Dr. Green, refused to comment except to insist that the report's claim was highly subjective.

"That's their viewpoint I guess; the products that we use have been deemed safe for responsible use," said Lorraine Van Haastrecht. "I believe my advertising information is accurate and we've had no complaints whatsoever."

But Whaley said that lawn-care companies are nervous about public opinion, and are trying to tell customers what they want to hear.

"(People) are looking for information and what they're getting from the industry is lies," he said. "What we're hoping to do is let Canadians know that trusting the Weed Man about pesticides is like trusting the Marlboro Man about tobacco."

© Copyright  2002 The Canadian Press

http://www.canada.com/search/site/story.asp?id=2FC0CC3D-502A-45AC-96DE-D302B873AB38


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