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Woman Admits Testing Pesticides on Unknowing Subjects; Corporation Pleads Guilty to Obstruction of Justice

Release Date: 02/02/2000
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(#00026) Newark, N.J. -- A Verona woman pleaded guilty today to violating federal environmental laws by testing products containing pesticides on human subjects without their knowledge or consent, U.S. Attorney Robert J. Cleary announced.

Lynne Harrison, 67, of Verona, pleaded guilty to a one-count Information charging that she violated a provision of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by using the pesticide DEET on human test subjects without their being fully informed of the nature and purpose of the tests and of any reasonably foreseeable physical or mental health consequences, according to Assistant U.S. Attorney Jeffrey D. Clark.

Harrison Research Laboratories Inc. of Union, of which Harrison is president and majority owner, also pleaded guilty to obstruction of justice in connection with an inspection being conducted by the Environmental Protection Agency.

"This was a violation of the law and a violation of the people this company used in its tests," Cleary said.

Said EPA Regional Administrator Jeanne M. Fox: "This is an alarming case because it involves someone misleading and using people as guinea pigs to conducts experiments. Under federal law, Harrison had a duty to inform people about the potential effects of the DEET product and permit them to then make an informed decision about whether to participate in the test."

Harrison told U.S. District Judge Nicholas H. Politan that her company tested products containing DEET on human test subjects without informing them they were being exposed to the chemical. Harrison admitted that in 1995 and 1996, her company tested products containing DEET on at least 300 unsuspecting test subjects.

Harrison also admitted on behalf of her company that, upon notification of an EPA audit, Harrison Research Laboratories asked the firm that contracted for the tests to backdate documents to help Harrison Research Laboratories comply with regulatory requirements.

Harrison is scheduled to be sentenced before Judge Politan on May 3. Harrison faces a maximum sentence of 30 days in prison and a $1,000 fine on the misdemeanor charge. The company faces a maximum fine of up to $500,000.

Under U.S. Sentencing Guidelines, Judge Politan will determine the actual sentences based upon a formula that takes into account the severity and characteristics of the offense and the defendant's criminal history, if any, Cleary said.

Parole has been abolished in the federal system. Under Sentencing Guidelines, defendants who are given custodial terms must serve nearly all that time.  Harrison remains free on a personal recognizance bond.

Cleary credited special agents of the EPA, under the direction of William V. Lometti, Special Agent in Charge of EPA's Criminal Investigation Division in New York; David M. Dillon, Resident Agent in Charge of EPA's Criminal Division in Trenton, and Dr. Adrian Enache, head of EPA's Regional Pesticides Program, with developing the case against Harrison and her company.

The Government is represented by Assistant U.S. Attorney Clark of the U.S. Attorney's Special Prosecutions Division in Newark.