Lets us recall the facts. On June 16, 2009, MDRGF and J. MARET (a farmer) demand on the basis of scientific analyses, from the French Ministry of Agriculture, to abrogate the marketing authorizations for 3 Round Up® formulations: Express, Extra and GT Plus (the « RU »).
On October 18 2009, before the French Council of State, MDRGF and J. MARET challenge the tacit refusal of the Minister to abrogate the marketing authorizations through an appeal based on the fact that POEA has not been taken into account in the RU as an active substance (i.e. the POEA substance is not considered as an adjuvant).
Minister’s answer: POEA is not mentioned in the marketing authorization applications! In early October 2009, the plaintiffs (MDRGF and J. Maret) receive at last a letter from Monsieur Bruno LEMAIRE, French Agriculture Minister, dated from October 14, 2009, stating that in “the marketing authorization applications, [for the three products] (…) in question, none of the formulas mentioned above contain POEA”.
Expertise reports and revelations ! October and November 2009. MDRGF and J. Maret have analyses carried out on 2 of the RU (Express and GT plus) to check what the Minister said by two different laboratories. The results contradict categorically the Minister and confirm the presence of POEA in the 2 tested Round Ups ®! Such results demonstrate that the real composition of these 2 commercialized Round Ups® does not correspond to the whole composition as stated in the marketing authorization applications.
Even better, the analyses carried out by one of the laboratories show differences in chemical composition between two samples of RU Express (with the same marketing authorizations) and also between RU GT PLUS samples (same marketing authorizations number, but different dates).
«The analyses we carried out to demonstrate the presence of POEA in the two tested Round Ups®, in contradiction with the information provided by the Agriculture Minister. The 2 commercialized Round Ups® do not correspond to the formulas registered and approved by the services of the Ministry of Agriculture. “This situation is unacceptable!” declared F. Veillerette, President of MDRGF who is demanding “an immediate marketing ban for the 2 Round Ups®”.
“Our analyses also show a difference in the composition of the 2 Round Ups®, where the formulations have the same marketing authorization number. This should not be the case, since a number of marketing authorization corresponds to one formulation. AFSSA and the Minister will have to explain themselves on such inconsistencies” added J. Maret.
“We are thinking of going to court” they said.