Court to rule in row over air freshener risks

Claims by European consumer groups that exposure to air fresheners present real health risks to users have been challenged in a Dutch court by US-based consumer products firm Sara Lee. The case has excited intense political interest. It represents the latest flashpoint over the EU's proposed Reach chemical control regime.

During a two-and-a-half hour hearing on Monday, lawyers for Sara Lee demanded that European consumer association Beuc and its Dutch member withdraw their "unsubstantiated allegations" and reserved the right to apply for financial damages. It produced four documents to support its case. The court is due to give its ruling on 7 March.

Beuc sparked the row last November when it published test results on air quality impacts of 74 air freshener products. These documented what the group called "worrying levels" in indoor air of toxic chemicals including benzene, formaldehyde, styrene and several allergens (ED 22/11/04).

The test results were then published in consumer magazines in Belgium, France, Italy, Portugal and Spain, leading to product withdrawals in two countries and widespread consumer rejection of air fresheners. In its court action, Sara Lee is claiming to have suffered a 30% drop in Dutch sales.

The row also concerns companies' right of reply. Sara Lee is claiming that it wasn't given one, whereas Beuc insists that it sent relevant data to every affected manufacturer before publication.

Beuc admits that the case has led to concerns over its conduct in EU political circles - while blaming industry lobbyists for fanning the flames. Last week it issued a detailed scientific report on the test programme designed to scotch criticisms over its transparency. On Wednesday it is planning to go on the offensive by issuing counter arguments to industry complaints.

A large number of industry groups on both sides of the Atlantic will be watching this closely. One of the first to criticise Beuc last November was America's consumer specialty products association CSPA. Dutch detergents industry association NVZ has also got involved in the row. Another US-based manufacturer, SC Johnson, last week criticised Beuc's scientific report on its tests.