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Nano Poison scandal: Misuse of a Major German Testing "Seal of Approval”

14.04.2006 - vzbv

In the recent scandal involving the application of nanotechnology, some 97 cases of poisoning - some serious - have been reported throughout Germany. The posising resulted from the use of the household cleaner "Nano Magic”. The exact cause still remains unknown. vzbv, the Federation of German Consumer Organisations has information that the manufacturer of the product used the seal of approval of a major German testing organisation (TUV Sued) without authorisation. This was confirmed by TUV Sued. The vzbv has reported the case to the district attorney and called for a criminal investigation against the manufacturer for suspected violation of the German Food, Household, and Animal Feed Law.

The vzbv criticised the manufacturer for a lack of planning in using nanotechnology without the appropriate precautions. However, even after the German Institute of Risk Assessment (Bundesinstitut für Risikobewertung) held an expert roundtable in early April, it is unclear whether the health damages associated with "Nano Magic” were caused by a nanotechnology component. "According to our assessment, the product development is apparently taking place through experimentation on consumers” said vzbv Chairwoman Professor Edda Müller, referring to the set of serious poisoning caused by the bathroom cleaner spray.

Experts have warned for some time that the effects of nanoparticles on human health have not been thouroughly examined. Nonetheless, numerous consumer products have been produced containing nanotechnology. This is being done by using tiny particles that are a thousand times smaller than the width of a human hair. It is unknown how these particles affect the human body.

TUV Sued: Nano Magic Product wrongly used approval stamp
Both sprays distributed under the name "Nano Magic” used the TUV Sued stamp "Production Inspected, Safety Approved”. According to the TUV Sued, this attribution was never given for the product under reference. "It is irresponsible to give the consumers a mistaken sense of security by falsifying stamps,” said vzbv Chair Edda Müller.

The vzbv views the current case as evidence for the weakness of the laws on product safety. Müller demands a reform of the European laws on product liability in the following areas:

• First, The precautionary principle: Until now the producer is devoid of liability if it can prove that existing flaws could not have been anticipated based on the current state of research. This exception infringes the precautionary principle and the rights of consumers to have only safe products brought onto the market. For that reason this exception should be taken out of the EU Directive on product liability.
  
• Second, reversing the burden of proof: According to the current law, the injured consumer carries the burden of proof. This leads to a situation where consumers often cannot pursue their claims. For consumers, the causal connection between the flaw of the product and the resulting damage is often very difficult to prove.
  
• Third, compensation in the case of damages: the current directive provides a limit of a €500 deductible in the case of damages. From the perspective of the consumer, this is not justified and ought to be eliminated.
  
• Fourth, restitution fund: a restitution fund ought to be established for consumers harmed by consumer products. Restitution payments should be made without a long lawsuit and the payment should be provided without bureaucracy.