Subject:      Response to Medicis' (Malathion) Second Litigation Letter (See attached)
             Date:      Mon, 22 Jul 2002 14:13:39 -0400
            From:      "Steve Tvedten" <steve@getipm.com>
Organization:      Get Set, Inc.
                To:      "Brian J. Foster" <bfoster@swlaw.com>

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

SENT ELECTRONICALLY TO:  Brian J. Foster

Re: Your Letter of July 10, 2002

Dear Mr. Foster,

I have again been handed your latest letter to me, dated July 10, 2002 . Because you did not even request a response from me, it would appear your mind is already made up on what you are going to do. Even so, I will nonetheless make another honest attempt in trying to resolve this matter.

My first response to you dated May 14, 2002 was a sincere attempt at clearing up any/all misunderstandings, although based on the tone of your latest letter you clearly disagree and are obviously upset with the "tone" of my previous response. Just because you or anyone has an opinion does not necessarily make it true or factual As I previously stated, it seems apparent that your mind is already made up, so, it may be very difficult for me to try to convince you with some of the more important facts. But, I will honestly try one again:

Fact #1 - I do not live in California .

Fact #2 - I have never refused to cooperate. I have cooperated fully with all of your requests as far as my "authority" will allow me to do so. I have posted all of your comments and will continue to do so. I do not have anything to hide from the public eye. I do not work for Safe2Use, nor do I have any authority to alter anything on their (or on your or anyone else's) web sites. The only websites that are mine to change are as follows: http://www.getipm.com, http://www.thebestcontrol.com, and http://www.learnipm.com

Fact #3 - The only Medicis/Ovide item that I have posted on any of my web sites is a Link to Your Ovide Letter: http://www.getipm.com/OVIDE/ovide-response.htm; and a letter from a family that used Ovide: http://www.getipm.com/articles/letters/ovide-child.htm .

Fact #4 - I know of no other Medicis/Ovide material (pro or con) on any of my websites other than what is listed in Fact #3 above.. If you find any other references to Medicis/Ovide, please let me know ASAP so that I can address those issues.

Fact #5 - Your presumption that I have any personal say/authority/responsibility/liability over the posting of any materials on any other website that also posts any of my material is ridiculous.  Your written accusation that I am "personally responsible or liable " for anything and/or everything "they" post and/or do; reminds me of the predicament Mr. Dicken's Beadle Bumble found himself in regarding his wife's actions.  When told that he was "legally" responsible for her actions, he responded:  "If the law supposes that; the law is a ass, a idiot."  Even though Beadle Bumble's grammar was bad, it would seem to me the "law" would have learned to understand a man's "personal" responsibility/liability a little better after 160 years, especially seeing that I do not own nor am I even married to the lady that owns and runs the safe2use website.

Fact #6 - If EPA has declared any pesticide "safe", you may wish to read my Link to the federal Law regarding the legality of such comments:  http://www.getipm.com/government/fifra-laws/safe-law.htm

Fact #7 - The following EPA Assessing Cumulative Risk Link tells me that EPA is not supposed to look at any individual organophosphate's "safety"  as you seem to state they are now doing in your latest letter: http://www.epa.gov/pesticides/cumulative/

Fact #8 - (Pharmaceutical grade) malathion is not the only ingredient in Ovide. You can reference my letter to you dated May 14, 2002 for my initial comments and concerns regarding the other ingredients in Ovide.

Fact #9 - If my singular voice "crying in the wilderness" is already "harming" Medicis, what do you think will be the result of forcing me into a public forum and jury trial especially since I have done nothing wrong but to honestly try to answer your questions and to comply with your requests, as far as it is in my power to do so? Especially since it is very obvious that I have taken a great deal of time and effort to try to resolve this matter.

Fact #10 - I have made a moral choice not to use any volatile pesticides and no threat will ever make me say that any volatile pesticide is "safe". Despite all of your "assurances", I personally still choose not to use Ovide pediculicide on any of my children or grandchildren, or recommend its use to others; as I do not personally believe that Ovide is the safest, most effective way to remove lice and/or nits. 

In the event that you still choose to sue me for any of my personal opinions and/or responses to you, I will authorize the Institute of Pest Management, Inc. to conduct studies on inhalation, dermal and occular sensitivity and/or flammability using the entire Ovide formulation, all of which, of course will be published on my websites along with the entirety of any legal action you and your client decide to take against me.

In closing Mr. Foster, I believe that we still live in a free country that guarantees me several rights, including Free Speech and Free Press. With that stated, I am advising you that legal representation will be pursued by me from the National Writers Union of which I am a card-carrying member and the American Civil Liberties Union if you decide to take legal action against me. If there is anything more that I can do in order to resolve your concerns other than what I have already done, please let me know.

Respectfully,


Stephen L. Tvedten

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

July 10, 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:

This letter responds to your letter and e-mail, both dated May 14, 2002 , concerning the above referenced matter. The tone of your letter makes it clear that it would not be productive to send a lengthy response to your letter since you have shown no intention of resolving the legitimate concerns Medicis has expressed over the knowingly defamatory information published on your web sites. 

Your statements that you do not work for Safe2Use and do not have the ability or authority to alter the Safe2Use web sites are false. You are the author of commentary on these sites and clearly have the authority and ability to add and remove articles. You were able to quickly post my letter of April 30, 2002, on the Safe2Use site and your response to my letter. This fact is further evidenced by your lengthy response concerning the defamatory information contained on these web sites. Because you maintain these defamatory sites, you will be held personally liable for the materials contained therein. 

As you mayor may not be aware, on June 10, 2002 , the EPA released its Revised Organophosphate Risk Assessment findings. This report can be found at www.epa.gov/ pesticides/cumulative. Of the 32 pesticides for which the EP A assigned Relative Potency Factors ("RPF"), two were found unsafe. However, malathion was numbered among the 30 remaining pesticides that the EPA found to be safe. In fact, malathion had the lowest RFP of all the pesticides evaluated. 

When one considers that (1) pharmaceutical grade malathion is 99% malathion versus the less pure pesticide grade malathion and (2) is used in a prescription drug product at a 0.5% concentration versus exposure to 100% malathion as a pesticide, there is no question, malathion and Ovide are safe human pediculicides.

Since you refuse to cooperate, litigation appears to be the only means to ensure my client's interests are protected. Your bad faith conduct is further evidenced by the fact that you are the only party that continues to publish libelous and defamatory articles regarding Medicis' Ovide product. Medicis has expressed its concerns to other web sites and authors, including the National Pediculosis Association and the American Head Lice Information and Resource Center. After Medicis expressed concerns over their misleading and defamatory articles regarding Ovide, all of these named entities removed the defamatory articles or references. Your sites, Safe2Use and Getipm, are the only ones that have not cooperated and are thus forcing Medicis to file a lawsuit against you personally. 

Further, your sites maintain some of the same articles that these other organizations have tacitly acknowledged contain defamatory information by their willingness to remove the objectionable articles. Your awareness of these facts, and your continued insistence upon publishing these defamatory articles, raises your actions to a level of egregious bad faith. Under the law, this heightened form of knowing, reckless behavior may subject you to punitive damages well in excess of the damages your actions have caused and continue to cause Medicis. 

Since you refuse to cooperate, litigation appears to be the only means to ensure my client's interests are protected.

Sincerely,

 

Brian J. Foster

2nd Letter | 2nd Letter Comments | 1st Letter | 1st Letter Comments | Site Map

Additional Research sent to Mr. Foster

Organophosphates and Mammary Tumors | Organophosphates found in Meconium

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