The Mercury News

Dow Chemical sued over pesticide linked to kids’ brain damage.

Lawsuits in California say traces of now banned substance still found in several clients’ homes

- By Don Thompson

Lawsuits filed Monday in California seek potential class-action damages from Dow Chemical and its successor company over a widely used bug killer linked to brain damage in children.

Chlorpyrif­os is approved for use on more than 80 crops, including oranges, berries, grapes, soybeans, almonds and walnuts, though California banned sales of the pesticide last year and spraying of it this year. Some other states, including New York, have moved to ban it.

Stuart Calwell, lead attorney in the lawsuits, argued that its effects linger in Central Valley agricultur­al

communitie­s contaminat­ed by chlorpyrif­os during decades of use, with measurable levels still found in his clients’ homes.

Lawyers project that at least 100,000 homes in the nation’s largest agricultur­al state may need to

dispose of most of their belongings because they are contaminat­ed with the pesticide.

“We have found it in the houses, we have found it in carpet, in upholstere­d furniture, we found it in a teddy bear, and we found it on the

walls and surfaces,” Calwell said. “Then a little child picks up a teddy bear and holds on to it.”

All that needs to be cleaned up, he says, because “it’s not going away on its own.”

State records show 61 million pounds of the pesticide were applied from 1974 through 2017 in four counties where the lawsuits were filed, Calwell said.

Officials with Dow and its affiliated Corteva Inc. did not immediatel­y respond to telephone and email requests seeking comment.

Corteva stopped producing the pesticide last year. The Delaware-based company was created after a merger of Dow Chemical and Dupont and had been the world’s largest manufactur­er of chlorpyrif­os. The company has said it

believes the product is safe and said it stopped production because of declining sales.

Scientific studies have shown that chlorpyrif­os damages the brains of fetuses and children. It was first used in 1965 but was banned for household use in 2001.

The U.S. Environmen­tal Protection Agency is weighing whether to ban the product

or declare it safe, including for infants and children. The 9th U.S. Circuit Court of Appeals in April ordered the EPA to make a decision after studying the product for more than a decade. The Trump administra­tion had halted the rule-making process.

The lawsuits were filed on behalf of people in Fresno, Kings, Madera and Tulare counties.

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 ?? DAMIAN DOVARGANES — THE ASSOCIATED PRESS ARCHIVES ?? A foreman watches workers pick fruit in an orchard in Arvin. Lawsuits filed in four California counties seek damages from Dow Chemical and its successor company over an ingredient found in now-banned pesticide.
DAMIAN DOVARGANES — THE ASSOCIATED PRESS ARCHIVES A foreman watches workers pick fruit in an orchard in Arvin. Lawsuits filed in four California counties seek damages from Dow Chemical and its successor company over an ingredient found in now-banned pesticide.

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