Michigan Company Drops 2 Herbicides Because of Prop. 65

In the first indication that businesses are complying with Proposition 65 by removing toxic chemicals from their products, a Michigan chemical company confirmed Wednesday that it has stopped manufacturing two herbicides because of California’s anti-toxics initiative.

A Celex Corp. spokesman said the company has changed the chemical formula for the two products because they contained arsenic, which is known to cause cancer. For sales throughout the United States, the firm has replaced the products with new ones using chemicals not yet subject to the initiative’s requirements.

Proposition 65 sponsors hailed Celex’s action as a sign that the initiative is accomplishing its drafters’ intent.

“This is the law working exactly the way it’s supposed to,” said David Roe, an attorney for the Environmental Defense Fund and a principal author of the measure. “The lesson is that a good part of our exposure to carcinogens is not really necessary.”

Under Proposition 65, which voters approved in 1986, businesses are prohibited from exposing the public to chemicals known to cause cancer or birth defects without first providing a warning. The warning requirement took effect Feb. 27 for arsenic and 28 other toxic chemicals.

Some companies have responded to the law by posting vague warnings telling the public they may be exposed to chemicals that cause cancer or birth defects. Business leaders said some firms are also considering removing toxic chemicals from their products but would not identify any such businesses by name.

Celex Corp.’s decision came to light after the Natural Resources Defense Council sent hundreds of letters about the new law to businesses known to make products containing chemicals covered by the initiative.

In response, Celex sent a letter to the environmental group saying it will no longer make Super K-Gro Liquid Fence & Grass Edger and Super K-Gro Vegetation Killer.

“As a result of (Proposition 65), Celex Corp. decided to stop manufacturing these two products,” the letter said. “We started replacing them with products containing alternative active ingredients not listed as known to cause cancer or reproductive toxicity. We no longer manufacture the old products.”

Jeffrey T. Walker, a government regulatory specialist for the company, said in an interview that one of the products had contained sodium dimethyl arsinate and the other contained dimethyl arsenic acid. Both substances have been replaced by diquat dibromide, and the products have been renamed by adding “Formula 2” to the old titles.

Roe suggested that many other companies could make similar changes in their products and reduce the public’s exposure to a broad range of toxic chemicals.

He also noted that Proposition 65 is affecting consumers beyond California’s borders, as national companies such as Celex change their products for the entire nation.

Despite Celex’s effort to comply with Proposition 65, the use of diquat dibromide could cause problems for the company down the road.

Lawrie Mott, a scientist with the Natural Resources Defense Council, said the substance contains minute amounts of ethylene dibromide, which will be subject to the law’s warning requirements beginning July 1. However, she said, the amount of ethylene dibromide may be small enough that it will not pose a health risk under the law.