Guest guest Posted March 10, 2003 Report Share Posted March 10, 2003 Comments? Misty http://www..com He's no flake One San Francisco man takes on the makers of dandruff shampoo http://www.sfbg.com/News/36/12/ogflak.html By Cassi Feldman Perry Gottesfeld does not have dandruff. But the 40-year-old public health advocate has made it his mission to protect those who do. Most dandruff shampoos contain coal tar, a sticky, strong-smelling substance used for centuries to treat skin conditions. But coal tar has a little side effect shampoo makers don't want you to know about: it causes cancer. In 1999 Gottesfeld, who runs a fledgling nonprofit called Occupational Knowledge International, filed suit against 20 pharmaceutical companies and drug stores for flouting Proposition 65, a state law that requires warning labels on products that contain carcinogens. On Dec. 7 the defendants went before San Francisco Superior Court Judge James Robertson to request that he dismiss the case. But Gottesfeld prevailed and the trial date was set for January 7, 2002. Passed by voters in 1986, Prop. 65 is one of the most stringent consumer-protection laws in the country, designed to set higher standards than those established by the federal Food and Drug Administration. " The FDA has no obligation to warn us if things are carcinogenic, " Gottesfeld told the Bay Guardian. " That's why Prop. 65 is so important. When a company is faced with having to label the product or make the product safer, nine times out of ten it opts to make the product safer. " As a result of Prop. 65 lawsuits, Preparation H no longer contains mercury; calcium supplements don't contain lead; Wite-Out is made without cancer-causing trichloroethylene. But the makers of shampoos such as Tegrin, Neutrogena T/Gel, and Psoriasin Scalp are reluctant to dispense with coal tar, the active ingredient in many of their products. Strangely, Neutrogena cosponsored a 2000 study proving that dandruff shampoo without coal tar works better. So why does the company keep fighting? Neutrogena's lawyers did not return calls by press time. Coal tar was first identified as carcinogenic in the 18th century when chimney sweeps in England developed alarmingly high rates of scrotum cancer. Here in the Bay Area, coal tar was the chief contaminant in soil beneath Daly City's Midway Village housing complex, prompting multiple lawsuits and two major cleanups. So when Gottesfeld learned that certain soaps, creams, and hair products contained coal tar, he was understandably concerned. He recalls walking by a pyramid display of Neutrogena T/Gel Shampoo in a drugstore window two years ago and thinking to himself, " Someone should do something about that. " It isn't an easy case. Though the dangers of industrial coal tar are well established, those of pharmaceutical coal tar have been a matter of dispute. Gottesfeld and California attorney general Bill Lockyer, who has joined the suit, both sponsored risk assessments that supported labeling the products. But the defendants' scientists found that coal tar's carcinogens were below the " no significant risk level " set by Prop. 65. At any rate, the companies argued, FDA limits should override those set by the state. In a letter to Judge Robertson, lead defense attorney Carol Brophy wrote, " A Proposition 65 cancer warning clearly and irreconcilably conflicts with federal laws. " If the companies win, Gottesfeld worries, it would threaten the very foundation Prop. 65 itself. " It's one man against an army, " he said. " I wouldn't have done this if I didn't believe it was a real public health concern. " Quote Link to comment Share on other sites More sharing options...
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