FRESNO –– Two competing organic fertilizer companies may go to federal court over the authenticity of seabird poop.
True Organic Products (TOP) filed a complaint on Sept. 17 in the U.S. District Court for the Eastern District of California against California Organic Fertilizers (COF), alleging false advertising.
According to the complaint, COF uses "nitrogenated red guano" to produce its liquid fertilizer called Phytamin Clear.
Phytamin Clear’s label advertises that the fertilizer is made with seabird guano. But TOP says its tests on the product show the substance is not entirely guano, but "nitrogenated," which may come from sodium nitrate.
Sodium nitrate is approved for organic fertilizer in many U.S. jurisdictions, but not in Canada, the compaint states.
The tests also showed high levels of perchlorate, according to the complaint.
"Perchlorate is a persistent contaminant that can be harmful to humans," the complaint states. "The maximum contaminant level of perchlorate allowed in California's public water systems is 6 parts per billion. The perchlorate levels found in the five Phytamin Clear samples ranged from 30 to 170 parts per million.”
TOP claims perchlorate is not naturally found in seabird guano.
TOP alleges COF is misleading customers by advertising Phytamin Clear as an organic product. The compnay seeks injunctive relief and damages.