May 14, 2002

 

Mr. Brian J. Foster
Snell & Wilmer
One Arizona Center
Phoenix, Arizona 85004-2202

SENT ELECTRONICALLY TO:  Brian J. Foster

Re: Your Letter of April 30, 2002

Dear Mr. Foster: 

I was handed your letter dated April 30, 2002 and will try to answer it to the best of my ability concerning this very serious matter. Understanding the severity of the claims you have made in your letter that I received May 4, 2002, this response is an earnest attempt to work with you regarding the contentions stated in that letter.

Firstly, I do not work for Safe2Use, nor do I have the authority to change anything on the Safe2Use website.  Included in this response to your 4/30/02 letter is some of my beginning research that I conducted in the last few days as a result of your letter to me.

I would like to take this opportunity to note the following definitions from the American Heritage Dictionary prior to addressing your letter in its entirety for the sole purpose of your keeping them in mind when you read my 
responses.

  1. tox-ic (tok'sik), Adjective 1. Poisonous. 2. Of or caused by a poison or toxin. tox'i-cal-ly

  2. poi-son (poi'zen), Noun A substance that causes injury, illness or death, especially by chemical means.Verb: poi-soned, poi-son-ing, poi-sons 1. To give poison to; kill or harm with poison. 2. To make poisonous. 3. To have a harmful influence on; corrupt or ruin. 

  3. haz-ard (haz’erd), Noun 1. A chance; accident. 2. A danger; risk.

I personally believe we all have a legal right-to-know about any/all inherent and/or potential health and/or safety threats.  In order to protect our health, we need better information about hazards, toxic chemicals and/or poisons that could threaten us, our families and pets.

The following is a response to your 4/30/02 letter.  I have taken the license and the liberty to intersperse my responses to your letter within the frame of it for each and every contention in an attempt to prevent any further misunderstandings.  I am responding to your letter to the best of my ability based on the time constraint placed on me as well as the resources available in the sincere hope this matter can come to a quick resolve:

Your Letter: 


Snell & Wilmer 
------------L.L.P.-------------
LAW OFFICES
One Arizona Center
Phoenix, Arizona 85004-2202
(602) 382-6000
Fax: (602) 382-6070
www.@swlaw.com


April 30, 2002


Mr. Steve Tveuten 
Safe2Use 
2454 Mesquite Ln. 
Corona, CA 92882 

Re: Articles Posted on the Safe2Use.com and Getipm.com Web Sites 

Dear Mr. Tvedten:

As you are aware from our letter posted on your web site, Snell & Wilmer L.L.P. represents Medicis Pharmaceutical Corporation ("Medicis") concerning misinformation disseminated about their product, OVIDE® (malathion) Lotion .05%, a prescription anti-lice pharmaceutical product. Medicis is greatly concerned with the false statements about OVIDE made throughout the above referenced internet sites that you maintain. Accordingly, Medicis is prepared to take whatever legal action is necessary against you and Safe2Use including, but not limited to, filing a lawsuit asserting claims for libel and business torts.

For example, the "National Head Lice Organization Rejects New Guidelines" article posted at http://www.safe2use.com/ca-ipm/00-11-28.htm, makes reference in three (3) paragraphs to OVIDE being an "ineffective or highly toxic pesticide.

Please note, based upon information and belief, the above-mentioned article was not written by me, nor is it posted  on my web site and I have never knowingly written any personal comments regarding Ovide as being "ineffective or highly toxic pesticide.

Your Letter:

Then, your editor's note at the end of the article astonishingly claims malathion has been linked to Mad Cow Disease. 

Based upon information and belief, I know of no personal claims made by myself that malathion is linked to Mad Cow Disease. This is clearly someone else's opinion and notation.

  1. Malathion is an organophosphate, as stated on Page 16 of the FDA Document on Ovide the Pharmacology/Toxicology Review States: "Malathion is classified as an organophosphorous pesticide and has been used in the United States since 1952."; and further

  2. It is suggested that organophosphates are being linked to Mad Cow Disease.... http://eionews.addr.com/organop/organop.htm

Your Letter: 

These statements are ridiculous and blatantly false.

I am a researcher and not a degreed scientist. I have no way to judge if any statements made by others (including yours) are "ridiculous and blatantly false". I do have the right to my personal opinion and/or beliefs, however.

Your Letter:

"When used as directed, OVIDE is neither ineffective nor toxic. You are aware of the false statements contained in the "National Head Lice Organization Rejects New Guidelines" article because you have posted our letter advising the AHLIRC of the inaccuracies found in this article. Based upon our letter detailing these falsehoods, the AHLIRC removed this specific article from their web-site. You are aware this article contains libelous statements, yet you proceeded to post this defamatory material regardless of the consequences. Your actions are malicious, and represent a reckless disregard for the truth." 

Based upon information and belief, I am not personally aware that any false and/or libelous and/or defamatory statements are or were contained in this particular article; only that you disagreed with the article. In talking with Joan Sawyer, she said the AHLIRC took the article down not because it was a lie, but because they did not have the energy to fight a lawsuit. I would further note that Safe2Use is not my web site. I never previously made the statement that: "When used as directed, Ovide is neither effective nor non-toxic." In regard to the various and numerous articles posted on various websites, I do, indeed, have a point of view regarding poisons and pesticides which is clearly stated. I both welcome and allow others, including yourself, to post their differing comments and/or opinions and/or research on these web sites. As you clearly mention, I do not originate most of the articles and documentation posted on these web sites. Many articles, opinions, comments, etc. posted on these sites are from other sources and have often been removed or archived by the authors for various reasons. Since these various web sites have, obviously, been posting articles for review and comment for over 2 years prior to receiving the first Ovide articles and/or comments for posting there is a confirmed track record of being unbiased and mentioning many products by name. I have been neither malicious or shown a reckless disregard for the truth; I merely provide a forum for comment from the public who freely enter my own and/or these other web sites and/or our extensively subscribed mailing lists without charge. I have posted your comments entirely; was that also done "maliciously" and/or with a "reckless disregard for the truth"?

These web sites all post literally thousands articles for review and comment. In fairness to those who may have already read the article that AHLIRC "may have removed from their web site," I have asked that your comments be again added to this "offending" article that I did not write, nor did I post. As I do not own or control this web site, I am not able to demand it be removed.

Your Letter:

As you know, OVIDE's active ingredient, malathion, is not just produced in one grade of chemical purity. Malathion can be used as an agricultural pesticide crop spray or in a pure USP ("United States Pharmacopeia") form. Medical studies and tests have been conducted concerning the agricultural grade use of malathion, which conclude inappropriate use of the pesticidal spray malathion may have toxic side effects. The agricultural grade of malathion contains many impurities that 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 (when used as directed) and further is not a "poison".

According to the OVIDE FDA Pharmacology/Toxicology Review http://www.fda.gov/cder/foi/nda/99/18613s009s010_ovide.pdf (Pg. 16) at the FDA site: “Malathion is classified as an organophosphorous pesticide and has been used in the United States since 1952. “

According to National Library of Medicine and Medline Plus in their writing on OVIDE, they clearly state: "Malathion is a poison." http://www.nlm.nih.gov/medlineplus/druginfo/malathiontopical202336.html

I would humbly suggest that you provide the National Library of Medicine and Medline Plus with any and/or all research, documentation, testing and/or other information that scientifically states that USP malathion (Ovide's active ingredient) is not a poison as the written statements made by both the National Library of Medicine and Medline Plus clearly have“ misled me to believe.”

Several toxicologists have commented to me that malathion's impurities are toxic (e.g., malaoxon and isomalathion) and have said: "Commercial malathion as used in agriculture is impure. It has to be. The impurities act as synergists to make malathion toxic. Without them malathion is so low in toxicity it might be possible to claim it is not a poison. Some years back American Cyanamid came up with a pure and almost odor free formulation of malathion they called Cythion. The trouble was it was so free of impurities that it didn't work to kill bugs. The result was they gave up on it. So what about USP malathion? If it is as pure as claimed, it won't work for louse control That is, the stuff has to be a poison to (kill) control lice and nits. If not a poison, it won't control (kill) lice and nits. After all, the term "poison" means toxicity. They can't have it both ways."

These degreed toxicoligists also noted: A Google search on malathion and/or Ovide will turn up a lot of information on Ovide/malathion from many other reliable sources.

These degreed toxicologists also noted: "We suggest you check out:http://www.epa.gov/pesticides/op/malathion/product.pdf andhttp://www.epa.gov/pesticides/op/malathion.htm" and noted that: "I see no data there that anyone produces 99.7 percent pure Malathion in the EPA web info in the 1st link above. If their product kills lice, I presume that it functions like other organophosphate pesticides. I know that some organophosphate pesticides have now been shown to produce gene expression of a particular marker protein. If that marker protein can be shown to appear in children using this product, then you have direct evidence of exposure. In the EPA data, it appears that at least one contaminant is not removed from fairly pure Malathion."

I would personally add that while the 1999 FDA comment to Medicis Pharmaceutical Corporation does indeed state that: "adequate information has been presented to demonstrate that the drug product (Ovide) is safe and effective"...I know that it is against the federal law to state any pesticide is "safe"; obviously, one can "legally" say "approved drugs are safe." I have highlighted some of the FDA writing that seems, in this Researcher's opinion, to bring up several questions. For your convenience, the document is located at http://www.fda.gov/cder/foi/nda/99/18613s009s010_ovide.pdf and specific comments taken from this document are noted below:

  1. There seems to be no mention of Ovide's malathion as being "pure USP" malathion. (Entire document)

  2. There seems to be no concern with Ovide's other ingredients, namely Isopropyl alcohol (78%), terpineol, dipentene, pine (or fir) needle oil. (Entire Document) (I have included some of my new research on these items, that shows most (if not all) of these ingredients to be hazardous, toxic, carcinogenic, cause skin and/or eye irritations, and/or are flammable.) For example, the New Jersey Department of Health and Senior Services has a Hazardous Substance Fact Sheet on both isopropyl alcohol and dipentene. (See links above.) Based on these Hazardous Substance Fact Sheets, over three-quarters of the ingredients in Ovide are described as being hazardous by New Jersey and others. I personally would not put these hazardous ingredients on my children’s or grandchildren's heads, especially for 8 – 12 hours. The MSDS for terpineol notes that this product may cause skin irritation and you should wash skin with soap and water for at least 15 minutes and that terpineol (by itself) may cause eye irritation, redness and pain, and “Do not flush to sewer, “, etc. Based on this MSDS, as a parent, I would not put terpineol on my children’s or grandchildren's heads. Pine needle oil (See links above.) and (per “Cosmetics Unmasked”.) is one of the substances recently listed by the EU Scientific Committee for Cosmetics and Non-Food Products as one of the most likely ingredients to cause an allergic or adverse reaction. So no, we would not recommend its use on anyone. In reading all of the research literature on all of the various ingredients in Ovide pediculicide, I can honestly say I would not personally allow the use of this prescription-only pediculicide on any of my children or grandchildren. Based upon information and belief, I do not believe that all of the ingredients in OVIDE pediculicide are either completely “safe” and/or “non-toxic” and/or "not hazardous".

  3. There does seem to be "some concern" that the applier should wash their hands immediately after an Ovide application but the child should continue to have the very same pediculicide on their head for 8 -12 hours.

  4. Carcinogenesis, Mutagenesis, and Impairment of Fertility of Ovide has not been studied. (See Page 7)

  5. It is not known if OVIDE Lotion has the potential to cause contact allergic sensitization. (See Page 8)

  6. Malathion, although a weaker cholinesterase inhibitor than some other organophosphates, may be expected to exhibit the same symptoms of cholinesterase depletion after accidental ingestion orally. (See Page 8)

  7. Nursing Mothers: Malathion in an acetone vehicle has been reported to be absorbed through human skin to the extent of 8% of the applied dose. However. percutaneous absorption from the Ovide Lotion formulation has not been studied. and it is not known whether malathion is excreted in human milk. Because many drugs are excreted in human milk. caution should be exercised when Ovide Lotion is administered to (or handled by) a nursing mother. (See Page 8)

  8. Mice exposed dermally to malathion, high concentrations were associated with the induction of chromosome aberrations in somatic (bone marrow) and germ cells (primary spermatocytes) (See Page 17)

  9. Tests for mutagenicity, have not been conducted (See Page 17)

  10. The Statistical/Clinical Review and Evaluation only addressed data for 1981. (See Page 26)

  11. As safety data did not have large enough number of subjects, this is a matter of clinical judgement of the reviewing medical division to decide whether Ovide Lotion is safe in the treatment of children with head lice. (See Pgs. 30-31).

  12. It would seem to me as a researcher, there are obvious notations or clear indications that Ovide (malathion) has "some significant data gaps as to its dermal "toxicity or safety.";

  13. Lastly, Ovide, clearly is flammable - to me, as a parent, this seems enough to me to consider the use of Ovide is and/or can be inherently "dangerous and/or toxic". It is interesting that the NIOSH Pocket Guide to Chemical Hazards notes that while malathion (by itself) is a combustible liquid, it may be difficult to ignite.

As a parent, I want to have all (not just the active ingredient) of the ingredients in any product fully studied and tested to prove they are all totally safe, non-toxic and/or not hazardous in any way before I choose to use any product on my children and/or grandchildren; but, of course, that is only my personal opinion.

Your Letter:

"OVIDE is a safe, effective means of treating head lice infestations. The above referenced article and other statements on your web sites state the opposite and, in fact, indicate that the two grades of the chemical malathion are in fact the same."

I repeat, I never wrote the above-mentioned article, but you are correct in your reading of the 1999 FDA's letter stating that (per the FDA) Ovide is "safe and effective". However, in reading the entire 1999 FDA letter and your client's supporting documentation, I have found no statement as to the chemical differences shown by the "grade" of malathion. However, I looked further to substantiate your statement of differences in the grades of malathion used. Here's what I found about malathion's chemical structure:

EPA Registered Malathion: C10H19O6PS2; (EPA, Malathion Re-registration, Page 5 )

FDA Approved OVIDE Malathion: C10H19O6PS2; (FDA Approval packet, Pg. 11)

I'm not a degreed chemist, but can you really see any difference?

I thought you might like to read the appeal the EPA Headquarters Union recently made regarding malathion, etc. Click on: EPA APPEAL ARTICLE: http://www.getipm.com/government/epa-appeal.htm

As far as your comment that Ovide is a "safe" means to "treat" head lice infestations, I would refer you to your own 1999 FDA letter, National Library of Medicine and Consumer Reports and their comments.

Consumer Reports noted that "the malathion contained in a single Ovide treatment can be up to 30 times the recognized safe one-time dose for a young child. Yet according to the product's label, no tests have been done to measure how much of the malathion is absorbed through the scalp, nor is it known whether Ovide is safe for children under 6." We can't recommend Ovide because of the lack of information on safety for young children. The active ingredients in the over-the-counter products are much less toxic to the nervous system than malathion and are not readily absorbed through the skin. Perhaps you should write Consumer Reports, The National Library of Medicine and Medline Plus and tell them they are all wrong abut Ovide's and/or malathion's "safety": (Reference: http://www.consumerreports.org) (Search Ovide.)

As you and most Americans are aware, several of "our" governmental agencies have often declared one thing or another "safe," including things like: artificial sweeteners, thalidimide, Seldane, phen-fen, DDT, chlordane, lead pipes and paint, asbestos, etc. In fact the Journal of the American Medical Association (JAMA) is publishing a study which finds: "Safety of New Drugs Cannot Be Known for Many Years - Twenty Percent Ultimately Found to Have Life-Threatening Adverse Effects" http://www.citizen.org/pressroom/release.cfm?ID=1097 - Based on the fact that one in five new drugs has serious side effects that do not show up until well after the medicine has received government approval; it is very hard for me to say any “medicine” is “safe” and/or "non-toxic".

I am posting, or asking the various web sites to post, the entire 1999 FDA letter and my newest supporting documentation/research so that your allegations of my reckless disregard for the truth can be finally put to rest. I am perfectly willing to allow the public access your comments and to the papers that your client provided and the FDA relied upon to make this "safe and effective" determination. I am also including the additional data I found on the other "non-toxic" ingredients in Ovide pediculicide, sold by prescription only in the U. S. A. 

Your Letter:

"Other objectionable references to OVIDE are found at: http://www.safe2use.com/ca- ipm/00-11-28-ltr.htm in the article titled, "Malathion Warning","

This, obviously, is just another article reprinted from another source and posted and commented on it by someone other than me.. I did not initiate this article and it is not on my web site, but I will be happy to again ask the Web Mistress to post any/all of your additional comments.

Your Letter:

"http://www.getipm.com/articles/letters/ovide-child.htm, where you reference OVIDE as being a "dangerous poison";"

While I personally did not make this reference, I sincerely apologize and have had, at your request, the Web Mistress for my site remove the word "dangerous". Obviously, people should make up their own minds as to whether any volatile and/or flammable EPA "registered" pesticide poison and/or any (volatile and/or flammable) FDA "approved" pediculicide obtained in the USA by prescription only (that the National Library of Medicine and Medline Plus call a poison) is in their own opinion, a "dangerous poison".

I will be happy to post, and/or ask others to post, any scientific (unbiased) literature you have that shows that either malathion and/or any other of Ovide's ingredients are all totally "safe", "non-toxic", "not a poison," "not hazardous" and/or have no potentially dangerous side effects. 

Your Letter:

"http://www.safe2use.com/poisons-pesticides/pesticides/products-lice-scabies.htm, where you again refer to OVIDE under the title "Registered Pesticide Poisons"; "

Once again, this is not my web site, but according to the FDA Pharmacology/Toxicology Review (Page 16 of Ovide package) at the FDA site: "Malathion is classified as an organophosphorous pesticide and has been used in the United States since 1952." No where in the 40 pages do any of the toxicology/pharmacology studies (seem to me) speak to "pharmaceutical grade" malathion. The use of malathion in the U.S. since 1952 has been as a pesticide (economic poison) and its use was grand fathered in with the establishment of the EPA as a "registered" economic poison or pesticide.

I have asked the Web Mistress from that web site to change the notation to read Ovide is not an EPA "registered" pesticide poison; it is an FDA pediculicde that is obtained in the U.S.A. by prescription only, that Medline Plus and the National Library of Medicine both clearly call a poison. Malathion (when used on inanimate objects) is still, obviously, an EPA "registered" pesticide (economic poison).

Your Letter:

"and finally at http:// www.safe2use.com/ca-ipm/00-12-16.htm, where you request your followers contact the LA County Health Department and re-examine their proposed use of OVIDE because it is a dangerous poison."

Once again, I would like to note this is not my web site and/or my notation, and I clearly have no "followers". Many different individuals, groups, institutions and government agencies have entered various websites that post my research and/or subscribed to one or more of my lists because of the valuable research information I provide free of charge. Not everyone who reads what I have researched agrees with that research. They, obviously, are not "followers". If anyone chooses, they can and and do respond on any of the various subjects; that is their choice. Whenever anyone writes me, I try to have their comments (pro or con) posted on at least one web site. I have reviewed this page and find nowhere that I have personally stated that Ovide was or is a "dangerous poison".

Your Letter:

Your copious references to OVIDE ® being a "dangerous poison" are patently false. Neither OVIDE® nor malathion can be defined as a "poison". These untrue statements are causing Medicis to suffer significant monetary damages and irreparable harm to its industry reputation.

Based on information and belief, I do not believe I have ever written Ovide® is a "dangerous poison". Both the National Library of Medicine and Medline Plus clearly say the malathion in Ovide is a poison. I am asking you to supply me with any and all data you have on any loss of sales and wish to inquire whether this loss, in your opinion, was caused by my research.

My research http://www.getipm.com/OVIDE/earnings.pdf has found the following: “Medicis has met or beat the street estimates for 35 straight quarters.” I also wish to inform you there are many researchers and makers of competitive products, including Safe2Use, which are legally allowed to state their opinions and what they believe to be the truth. 

David M. Noetzel, entomologist, writing for the College of Agricultural, Food, and Environmental Sciences wrote in his: Control of Lice on Humans: (http://www.extension.umn.edu/distribution/housingandclothing/DK1030.html) Remember: Insecticidal control of lice should only be carried out following positive identification. of the lice. Insecticides are poisons and their application to the human body should be considered carefully. Use the insecticidal preparations precisely as directed, avoiding application to mucous membranes and eyes. Obviously David believes that Ovide and other pediculicides that use insecticides are "poisons". Perhaps you should write David and tell him that his statements are not true and that he may also be "causing Medicis to suffer significant monetary damages and irreparable harm to its industry reputation."

I have and will continue to refer to Ovide as an USA FDA prescription-only pediculicide that the both National Library of Medicine and Medline Plus clearly call a poison. I have no idea where I supposedly wrote Ovide is a "dangerous poison"; if you can note where, I will see that it is corrected to read, "the National Library of Medicine and/or Medline Plus both clearly refer to the malathion in Ovide (a pediculicide available in the U. S. A. by prescription only) as a poison".

I have repeatedly sent out comments and/or articles others have written that show malathion is truly an EPA "registered" POISON, that many others have said is extremely dangerous because of the active ingredient and its contaminants and/or transformation products. I have again asked that all of your opposing opinions and/or comments be posted in their entirety. Medline Plus and the National Library of Medicine Health Information clearly state Ovide's malathion is a poison. I have attached their web information and Consumer Reports warnings about the malathion (prescription only) pediculicide called Ovide.

I would like to mention that when someone gets a head lice infestation the main sign is the intense itching the lice cause - and my research has consistently found that the person's continual scratching routinely causes the skin of the (infested) scalp to be broken and/or torn. The National Library of Medicine and Medline Plus clearly indicate the chances of (Ovide) malathion poisoning "may exist, especially if the skin is broken."

The National Library of Medicine and Medline Plus also clearly note: “Breathing in even small amounts of carbamate- or organophosphate-type insecticides or pesticides…may add to the effects of this medicine. The Environmental Health Perspectives, 109(3): 299-303, March, 2001, noted that in their “Biological Monitoring Survey of Organophosporus Pesticide Exposure among Pre-school Children in the Seattle Metropolitan Area”: “In this whole study of 96 children, only one child showed no measurable concentration of the [OP] metabolites in the Spring and Fall samples. ”This one child’s parents “reported buying exclusively organic produce and did not use any pesticides at home.” (To me) this makes Medline’s “Precautions while (or before) using this medicine (Ovide)” especially “of interest” to the other 95 “Seattle” pre-school children. 

On Friday, May 10th, PBS did a program: ARE WE MAKING OUR CHILDREN SICK? KIDS AND CHEMICALS, A SPECIAL REPORT ON NOW WITH BILL MOYERS TRACKS THE SCIENTIFIC SEARCH FOR ANSWERS ABOUT HOW ENVIRONMENTAL TOXINS AFFECT AMERICA'S CHILDREN in which DR. LANDRIGAN stated: Many of the pesticides in common use, particularly members of the organophosphate family, were deliberately designed to be toxic to the nervous system. They kill insects by poisoning the nervous systems of the insects and they have the same capability in humans. http://www.pbs.org/now/transcript/transcript117_full.html

These professional sites then go on to describe the symptoms of (Ovide) malathion poisoning.

I will ask that Medline Plus and National Library of Medicine information be posted on the various web sites for which I write and I humbly ask you to contact National Library of Medicine and Medline Plus, if in fact, you really believe their professional warnings and/or statements that Ovide’s malathion is a poison are "incorrect" and/or "patently false".

It seems to me that National Library of Medicine and Medline Plus, and not I, have both clearly said Ovide and malathion are indeed POISONS! I humbly suggest you contact National Library of Medicine and Medline Plus and tell them (and not me) to refrain from calling Ovide’s malathion pediculicide and the malathion pesticide a "poison". When (and if) they do, I will gladly note that correction in my research, web sites and I will personally ask others to do the same, and apologize to you and your Client in writing for allowing the National Library of Medicine and Medline Plus to “deceive” me into believing that Ovide's malathion is a poison.

Paracelsus, the 16th century physician and alchemist, has been rightfully called “The Father of Toxicology” and the foundation of our pesticide regulatory system. Paracelsus wrote, “All things are poison and nothing is without poison. ”If what you say is really true and agricultural malathion and Ovide’s malathion are not poisons, it is simply terrible that the unprofessionalism of Paracelsus and/or all of these esteemed researchers from the National Resources Defense Council, FDA, the National Library of Medicine, Medline Plus, who have “deceived” me into believing that Ovide's malathion is a poison!

Your Letter:

Medicis demands that the defamatory article and statements listed above that improperly reference OVIDE® be removed with a retraction to be posted on your web sites. Medicis further demands you remove any other defamatory postings that are not specifically mentioned which remain on your web site. If the corrective action is not taken within ten (10) days following the receipt of this letter, Medicis will take appropriate legal action.

Please review any web sites that post my comments and/or research - if I have personally made any untrue statement about Ovide's malathion or "regular" malathion, or anything else, I will be happy to retract them and/or remove and/or to correct them all. Safe2use and many other web sites post my comments, your comments and the comments of many others and, hopefully, will continue to do so, as long as there is Freedom of Speech and the Press in this Country and on the Internet. 

Your Letter:

Medicis will now closely monitor all articles and statements posted on your web sites for further objectionable materials. The publication of similar articles will subject you to substantial damages.

I sincerely hope you do, because I do not want to knowingly or unknowingly make any false and/or misleading statements.I said in the beginning and I will repeat again, I am trying to resolve this very serious matter. AS FAR AS I AM AWARE, OVIDE IS NOT SOLD AS AN OVER-THE-COUNTER PEDICULICIDE BUT HAS TO BE PRESCRIBED BY A DOCTOR. I DO NOT KNOW OF A SINGLE DOCTOR THAT HAS PRESCRIBED OVIDE IN THE PAST TO WHOM I HAVE SENT ANY INFORMATION (EITHER PRO OR CON). The attached 21-page letter from the National Resources Defence Council (NRDC) to EPA on February 12, 2001 regarding malathion, Docket OPP-34223 clearly notes in the II Summary: “NRDC is very pleased with EPA’s decision to cancel highly problematic uses of malathion, most notably: pet formulations and all other indoor uses (with a few limited exceptions), its uses on livestock, and all pressurized can formulations. ”It personally astounds me that you can no longer use malathion on your pets or livestock or inside, but you can still “safely” use Ovide's malathion inside on children for 8 to 12 hours! As a parent, I personally would not allow the use of this “safe and effective” pediculicide on any of my children or grandchildren (especially inside my home) because I do not personally believe all of the ingredients in Ovide are either “safe” and/or “non-toxic” and/or "not hazardous".

Your Letter:

What makes your acts even more egregious is that you are knowingly making false statements solely to sell your own alternative "Not Nice to Lice" head lice Products. As a reasonably prudent business promoter, you should be aware of your liability for publishing these defamatory statements. 

If you read any of my books, literature and other research posted on numerous web sites, and/or published in magazines like Alternative Medicine, I continually recommend hundreds and hundreds of different alternatives that can be safely and effetively used rather than any "registered" pesticides and/or "approved" pediculicides. My previously published alternatives to pediculicides include saunas, vinegar, salt water, shaving, mayonnaise, Dial shampoo, hair conditioners, combs, etc. For the record, I do not personally sell any of these above-mentioned alternatives or anything except my writings, books, cd-roms and/or consultations. To me, pediculicides, pesticides, suicides, homicides and/or anything that ends in "cides" means death. I believe most dictionaries and people would agree with "my" interpretation of the suffix "cide". It would also seem to me that the very fact Ovide (malathion) pediculicide "effectively kills lice and nits" means that Ovide (malathion) pediculicide is both a poison and toxic, at least according to the dictionary definitions. The very fact Ovide (malathion) is a prescribed pediculicide that Medicis and FDA and you all claim is an effective pediculicide clearly means (to me) that Ovide kills lice and nits.

Would you like me to say the pediculicide called Ovide (malathion) does not kill lice and nits? If not, the pediculicide called Ovide (malathion) is both toxic and a poison by FDA and Medicis and your own definitions. Which of the above are false and/or misleading and/or defamatory statements?

Your Letter:

If further actionable articles are published or those noted in this letter are not removed, Medicis will take appropriate action against you for the damages the false publications have caused Medicis, along with any future damages similar articles may cause Medicis. If you have any questions, please contact me directly.

"Fifty or 60 years ago in this country the major diseases in children were the infectious diseases. Today the major causes of illness in kids are chronic diseases. Asthma is the leading cause of admission of children to hospital; it's the leading cause of school absenteeism. Cancer, after injuries, is the leading killer of children in the United States. Developmental disabilities are common. They affect anywhere from five to ten percent of all children. Things like attention deficit disorder, dyslexia, autism." Dr. Philip Landrigan

"We know that chemicals in the environment are responsible for some of these effects. We know, for example, that some cases of development disability in children are caused by exposures to lead, to pesticides, to mercury, to PCBs. We suspect that children who are exposed to pesticides are at greater risk of childhood cancer than other children. But mostly we don't know." Dr. Philip Landrigan

"Of the 3000 or so high production volume chemicals in use in this country today only 43% have been even minimally tested. Only about 10 percent have been thoroughly tested to examine their potential effects on children's health and development. So little testing has left scientists and policy makers in the dark about the toxicity of thousands of chemicals. This is changing - slowly." Bill Moyers

Source : ( PBS. Now by Bill Moyers, May 10, 2002: Dr. Philip Landrigan is a pioneer in the emerging field of children's environmental health. From New York's Mount Sinai School of Medicine he works with scientists around the country to understand how kids are affected by exposure to chemicals.) http://www.pbs.org/now/transcript/transcript117_full.html

My only remaining question is, after reading all my various comments, responses and/or additional research, whether or not you still feel there "are any actionable articles that are published by me personally". Based upon information and belief, I have not personally or knowingly made any false publications and/or claims, and have posted any/all opposing views, including yours.

Although I am not a lawyer, I wish to inform you that I believe I have a first amendment right, that of freedom of speech and if you sue Safe2Use, a California company and/or me, you might be subject to a SLAPP lawsuit for filing a defamatory suit based upon free speech.You might also like to read about a lawsuit that failed that was brought against another web site that dared to mention another large and profitable corporation, Terminex in a derogatory manner. (See Newspaper Article:Terminix backs out of suit against private citizen's web site: http://www.safe2use.com/ca-ipm/00-03-19.htm / http://law.about.com/library/docs/blpress06.htm.

Actual Terminix Legal memorandum: http://www.citizen.org/litigation/briefs/IntFreeSpch/articles.cfm?ID=1881You might also like to read an article entitled “Suing Greenwashers” (See Suing Greenwashers:
http://www.courtinfo.ca.gov/opinions/documents/S087859.PDF).

As I have said before and will again restate: I firmly believe, as a parent, that I personally would not allow the use of the pediculicide called Ovide (malathion, etc.) available in the U. S. A. by prescription only to be used on any of my children and/or grandchildren because I do not believe the entire pediculicide to be either “safe” and/or “non-toxic” and/or "not hazardous". I now believe like Paracelsus that all things (including malathion) are poison.

I will, however, if you wish, in the interest of fairness, put the following disclaimer on everything I publish and/or write and/or post in the future regarding the pediculicide called Ovide: “These statements have not been approved by the FDA, Medicis Pharmaceutical Corporation, nor by their attorneys, Snell & Wilmer L.L.P. and, therefore, they indeed may be false or misleading statements.”

Sincerely,


Stephen L. Tvedten

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