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®: CRE Regulatory Action of the Week

Dupont Ordered to Perform Non-Validated Tests
On April 18, 2003, a West Virginia state court ordered DuPont to pay for blood tests of perfluorooctanate acid (PFOA) in residents near the company's Washington, West Virginia plant. DuPont is appealing this order, which was issued in class action litigation alleging exposure and harmful effects from PFOA releases from the plant. CRE understands that the test that DuPont must use to comply with the order has never been properly validated and that there are questions regarding its accuracy and reliability. Under similar circumstances, and in response to a Data Quality Act petition filed by CRE and agricultural groups, EPA stated that non-validated tests for atrazine's endocrine effects could not be used for any regulatory purpose and additional tests for these effects should be performed once properly validated test protocols have been developed. To their credit, DuPont and 3M are working with CDC to validate a reproducible and reliable tests to measure PFOA in human blood. CRE believes that, until such tests have been developed, any PFOA testing done pursuant to the state court order could not be considered accurate, reliable and reproducible; therefore, such tests could not be consistent with the Data Quality Act.