FOR IMMEDIATE RELEASE CONTACT:

Adam Eidinger: 202-744-2671

David Bronner: 760-807-6203
June 2, 2005

DR. BRONNER'S & SUN DOG'S MAGIC WILL CONTINUE TO DISPLAY THE USDA NOP ORGANIC SEAL ON THEIR
CERTIFIED ORGANIC FOOD-GRADE LOTIONS & BALMS
NOP REVERSAL ON POLICY VIOLATES ADMINISTRATIVE LAW,
IS NON-BINDING AND UNENFORCEABLE

ESCONDIDO, CA - Dr. Bronner's & Sun Dog's Magic (www.drbronnersundog.com), makers of certified organic food-grade lotions, lip balms and body balms, is today announcing its intention to continue to label its products "certified organic" in accordance with the US Department of Agriculture National Organic Program ("NOP") rules and to display the USDA seal. Although USDA has informally indicated that it now believes personal care products cannot be so labeled, that position "represents a clear reversal of USDA's prior policy and cannot be lawfully enforced," stated company president David Bronner. "We want to reassure consumers, retailers and distributors that Dr. Bronner's and Sun Dog's Magic certified organic products can and will continue to be sold and can and will continue to display the appropriate USDA labeling and seal."

In a foundational May 2002 "Policy Statement" on the scope of the NOP, USDA made clear that producers of non-food products such as personal care containing agricultural ingredients "are eligible to seek certification under the NOP." Based on this "Policy Statement," Dr. Bronner's and a number of other producers of body care, cosmetic and other classes of non-food products based on agricultural ingredients invested in sourcing and formulating with NOP-certified organic ingredients, and sought and obtained certification under the NOP, thereby allowing them to label and market their products as certified "organic" or "made with organic" under the NOP. Certifying agencies understood the Policy Statement to authorize such certification. Indeed, within the last week, the head of NOP was quoted in the press as saying that if a producer's "product was composed of agricultural ingredients, and you thought you could get certified, you were welcome to try."

In April 2004, USDA issued a "Guidance Statement" reversing this position and indicating that producers of personal care products would not be eligible to seek certification. A month later, however, that "Guidance Statement" was ordered rescinded by then-Secretary of Agriculture Ann Veneman. Then, a few weeks ago, USDA issued an informal "response" to a statement of the National Organic Standards Board and, in that response, indicated again that personal care products are not eligible to be labeled in accordance with NOP.

The newest USDA pronouncement mirrors the rescinded "Guidance Statement", and completely contradicts the foundational 2002 USDA NOP policy that formally invited body care companies to invest in certifying NOP qualified products. "Having issued a policy statement intended to have a binding effect, on which Dr. Bronner's and other companies justifiably relied, NOP cannot suddenly, without notice or opportunity for comment, adopt a new policy and purport to make it enforceable against producers of personal care products," Mr. Bronner said. "We have been advised that, under well established principles under the Administrative Procedure Act, to adopt such a change in its previously established policy, USDA is required to proceed by notice and comment rulemaking. They are not going to try and fine us for complying in full with the NOP. Furthermore, the NOP had in 2004 attempted to deny pet foods access to the NOP, but is now allowing pet foods to do so in order to divide and isolate personal care; but certified organic lip balms are consumed by people in a way that pet food of course is not, so the agency also flunks the arbitrary and capricious standard of administrative law."

"The USDA NOP has been contradicting itself in ways that prejudice the rights of producers and consumers and will not stand up in court," said Mr. Bronner. "The agency has made a point of saying that their guidance documents are "non-binding" and presumably unenforceable. USDA knows that any enforcement action will be legally unsustainable and so we do not anticipate any such action. Organic olive oil does not become magically non-organic when used in a lotion instead of a salad dressing. Consumers and retailers want personal care that is nothing less than organic food for the skin. High quality certified organic body care products like ours should be distinguishable from low-quality so-called "organic" personal care that is based on standard conventional synthetic ingredients. Retailers and consumers who want organic food-grade personal care should look for the USDA organic seal."
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