Judge Dismisses Apple Growers’ Suit Over Report on Pesticides in Fruit

A U.S. District Court judge in Spokane, Wash., has dismissed a lawsuit by a dozen apple growers against an environmental group that raised concerns about the effect pesticides in fruits and vegetables have on small children.

The Natural Resources Defense Council report was cited by the CBS television show “60 Minutes” in a segment on Alar, a growth regulator used on apples.

The CBS report sparked widespread publicity about Alar, which is a suspected carcinogen. The chemical was voluntarily removed from the market, said J. Jarrett Sandlin, the growers’ attorney.

U.S. District Judge William Fremming Nielsen wrote in his dismissal order Thursday that in the council’s report, “unlike the ’60 Minutes’ message, there is no hint that every apple in the country is dangerous.”

Nielsen noted that “while it cannot be (denied) that Alar and thus apples played a role in the message,” the report also addressed 26 other fruits and vegetables.

Nielsen also dismissed the growers’ suit against Fenton Communications, a public relations firm that disseminated the council’s report. He has not decided whether to dismiss “60 Minutes” as a defendant.