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Dow AgroSciences 0 - Quebec 1

Quebec is one of five provinces with a cosmetic pesticide ban. In 2009, the American company Dow AgroSciences challenged the legality under NAFTA of the ban, particularly as it pertains to 2, 4-D herbicides.

In a settlement reached last week between Canada and Dow AgroSciences, the company waived its legal action and claims, and accepted no compensation, implicitly confirming the legality under NAFTA of Quebec's ban.

"This is a very strong message to all jurisdictions that the precautionary arguments for the defence of Quebec's lawn pesticide ban are strong and can be used for other substances," said Sidney Ribaux, executive director of Equiterre.

This victory should remind the Quebec govermment of just how important its Pesticides Management Code really is. In a recent progress report comparing different provincial regulations regarding the use of pesticides for cosmetic purposes, the David Suzuki Foundation and Equiterre found that Quebec has fallen behind other provinces. It needs to update its legislation to protect the health of its citizens.