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J&J: Update
Sep 10, 2024
It was announced on September 4, 2024 that the American pharmaceutical giant Johnson & Johnson (J&J) planned to throw another $1.1 billion at efforts to resolve tens of thousands of legal claims alleging that asbestos fibers in the company’s talc-based baby powder had caused cancers in US consumers. If J&J can get agreement to the new settlement from 75% of the claimants, it can proceed with plans to bankrupt the subsidiary company it created as a means of off-loading its asbestos liabilities by the end of this month. See: Johnson & Johnson to pay additional $1.1 bn to resolve talc settlement.
Health Clinic Fightback
Aug 28, 2024
On August 21, 2024, legal representatives for a health clinic in Libby, Montana appealed a contentious 2023 jury decision ordering it to pay almost $6 million for having submitted hundreds of false claims on behalf of asbestos-injured people. The facility is located in Libby, Montana, a town of 3,000 people which became infamous due to the local epidemic of asbestos-related diseases caused by years of vermiculite mining. Asbestos fibers were liberated by the mining and transport of vermiculite, causing former employees, family members and townspeople to contact debilitating and deadly diseases. See: Montana asbestos clinic seeks to reverse $6M in fines, penalties over false claims.
Avon Files for Bankruptcy
Aug 16, 2024
In an August 12, 2024 press release, the Avon company announced that it had filed for voluntary Chapter 11 reorganization because of potential liabilities posed by hundreds of U.S. cancer claims over the presence of asbestos fibers in its talc-containing consumer products. According to the company the move was intended “to address its debt and legacy talc liabilities.” “Today's action,” said Avon Chair John Dubel “and the proposed sale of Avon's non-U.S. operations will maximize the value of our assets and enable us to address our obligations in an orderly manner.” See: Avon Products, Inc. Takes Steps to Address Debt and Legacy Liabilities in U.S. Court Process.
J&J Settlement
Aug 15, 2024
It was reported on August 12, 2024 that Johnson & Johnson (J&J) had reached the threshold needed for its proposed $6.5-billion settlement of talc claims to proceed. The company’s third attempt to resolve the contentious bankruptcy of its subsidiary LTL Management achieved more than 75% approval from cancer claimants according to news circulated by Bloomberg News. As of now, there are 61,000 lawsuits pending over allegations that asbestos fibers were contained in J&J talc-based baby powder, a substance which was withdrawn from sale in North America in 2020 and globally in 2023. See: J&J has enough support from claimants for $6.5-billion talc settlement, Bloomberg reports.
Asbestos in the Water?
Aug 5, 2024
On August 2, a news team from San Antonio, Texas broke a story about the health hazard posed by aging asbestos-containing pipes used in the local water delivery system. According to new research, there are still 2,000 miles of asbestos-cement water pipes in the city; they constitute 27% of the pipes for the entire San Antonio water system. These toxic pipes pose a health hazard not only for local people who consume the water but also for the work crews called upon to repair and/or replace the pipes. This month, an asbestos eradication program will be launched to replace the toxic pipes; it could, however, take years to complete the work. See: 27 percent of SAWS water pipe contains asbestos, experts divided on health risks.
Toxic Talc
Jul 30, 2024
Last week, a US appeals court affirmed a decision that ended a second attempt by Johnson & Johnson (J&J) to settle tens of thousands of cancer claims using the contentious legal stratagem known as the “Texas two-step.” The Court ruled that J&J’s plan was invalid as the shell company it had set up to receive the liabilities was not in “financial distress.” Despite this ruling, J&J is progressing yet another attempt to settle the lawsuits brought by people who allege their cancers were caused by the use of asbestos-containing J&J talc-based baby powder. See: With J&J pushing a 3rd talc bankruptcy, court affirms earlier loss.
Protecting Victims’ Rights
Jul 25, 2024
On July 23, 2024, a bipartisan bill was introduced in the US Senate that would prevent financially viable companies from dumping their liabilities via the use of a legal manoeuvre – commonly referred to as the “Texas two-step.” The “Ending Corporate Bankruptcy Abuse Act of 2024” was sponsored by Senator Sheldon Whitehouse, a Democrat from Rhode Island and Josh Hawley, a Missouri Republican. The “Texas two-step” has been used by companies such as Johnson & Johnson and Georgia-Pacific to off-load asbestos liabilities in tens of thousands of cancer cases. See: US Senate bill aims to curb Texas two-step bankruptcies.
Toxic Talc
Jul 25, 2024
Current negotiations between the US pharmaceutical giant Johnson & Johnson (J&J) and the companies which supplied it with talc for use in its manufacturing processes are believed to be inching towards a settlement. Under the proposal, the suppliers – Imerys Talc America and Cyprus Mines Corporation – will contribute to a $505 million settlement package. J&J is facing 57,000+ lawsuits from claimants who allege their cancers were caused by exposure to asbestos fibers in J&J talc-based baby powder. See: Johnson & Johnson Nears Settlement in Talc Dispute.
Asbestos Shenanigans
Jul 11, 2024
Off-loading asbestos liabilities has become a popular pastime for corporations facing a tidal wave of lawsuits from those injured by the production, use and sale of asbestos-containing material. According to the July 10th article cited below: “Private equity firms (in the US) are quietly buying up a literal toxic asset: companies’ liabilities for decades of asbestos poisoning.” Once the huge payouts from the industrial manufacturers have been received and the liabilities transferred, the new owners make use of well-tried legal machinations to deny or delay the payment of claims. See: Wall Street Is Investing In Your Asbestos Poisoning.
Right to Free Speech Upheld for Scientist
Jun 9, 2024
According to a Reuters report, on June 28, 2024, New Jersey District Judge Georgette Castner “dismissed a lawsuit brought by a Johnson & Johnson (J&J) subsidiary against a scientist who published a paper linking talc-based consumer products to cancer, finding that the research was not fraudulent or libelous.” Dr. Jacqueline Moline had been sued over comments she made in a 2020 paper which concluded that exposure to asbestos-contaminated talc products could cause mesothelioma, the signature cancer associated with exposures to asbestos. See: Scientist defeats J&J lawsuit over cancer research.
Toxic Talc
Jun 26, 2024
Yet another class action was filed on June 17, 2024 against the US Pharmaceutical giant Johnson and Johnson (J&J) by cancer claimants who alleged that use of the company’s talc-based products caused ovarian and other cancers. The thousands of potential plaintiffs seek damages and the establishment of a medical monitoring program “on behalf of women who have been diagnosed with cancer, or might develop it in the future, allegedly as a result of using the company's baby powder and other talc products.” See: J&J hit with new class action over talc seeking medical monitoring for cancer.
Caring for the Caregivers
Jun 20, 2024
A $1.1 million grant has been received by the Michigan State University (MSU) to undertake a study designed to improve psychosocial support for mesothelioma caregivers. The funding was donated by the U.S. Department of Defense and the Mesothelioma Applied Research Foundation. The research by MSU social work doctoral students Jen Hirsch and Linda Zhang will take four years and feature various research modes including: information gathering, in-person sessions, homework and in-depth participant interviews. See: MSU School of Social Work received $1.1M grant for mesothelioma research.
Toxic Talc Settlement
Jun 14, 2024
On June 11, 2024, the US pharmaceutical giant Johnson & Johnson (J&J) announced that it had reached a $700 million settlement with 42 US states and Washington, D.C. The payout is intended to resolve charges that the company misled consumers into believing that the use of J&J’s talc-based products was safe. J&J did not admit wrongdoing. There are currently over 60,000 cancer claims from plaintiffs who allege their diseases were caused by asbestos fibers contained in the company’s talc-based baby powder. See: Johnson & Johnson reaches $700 million talc settlement with US states.
Plaintiff’s Toxic Talc Victory
Jun 12, 2024
A jury in the US State of Oregon handed down a victim’s verdict earlier this month when it ordered the pharmaceutical giant Johnson & Johnson (J&J) to pay $260 million to a claimant who contracted mesothelioma as a result of using the company’s asbestos-contaminated talc-based baby powder. The payout, which included $60 million in compensatory damages and $200 million in punitive damages, was awarded to the 48-year old plaintiff Kyung Lee and her husband. A J&J spokesperson said that the company would appeal. See: J&J must pay $260 million in latest talc trial, Oregon jury says.
Jury Award for Bereaved Family
Jun 4, 2024
The family of a Connecticut man who had worked at the General Electric (GE) plant in Pittsfield, Massachusetts won a $15+ million compensation award from a jury last month (May, 2024); the jury concluded that the asbestos cancer death of Nicholas Barone had been caused by toxic workplace exposures. The defendant in the case was Vanderbilt Minerals LLC, a successor to International Talc, the company which had supplied the GE plant with asbestos-contaminated talc. The amount of punitive damages Vanderbilt will be required to pay has not yet been determined. See: A former Pittsfield GE plant engineer successfully argued in court that materials he worked with contained asbestos and caused his fatal cancer.
Washington Company Fined & Decertified
May 31, 2024
A company called Seattle Asbestos of Washington – a contractor specializing in asbestos removal work – was fined by the Washington Department of Labor & Industries (L&I) over dozens of infringements of asbestos regulations at multiple domestic properties in Washington State. Upon discovery of the shoddy and illegal working practices, L&I ordered all work to stop and began the process of revoking the company’s certification to undertake asbestos removal projects in the State. The company was fined $790,000+. See: Washington Asbestos Removal Company Fined Nearly $800K.
Occupational Asbestos Diseases: Update
May 30, 2024
The paper cited below, by academics in China, analyzed data on the number of deaths from occupationally-caused asbestos-related diseases in the US from 1990 to 2019. There were different incidence rates across the country, with the highest number of fatalities in California. The leading cause of workplace asbestos deaths over the last five years were from tracheal, bronchial, and lung cancer. Concluding the paper, the authors advocated “for the U.S. to immediately implement a total prohibition on asbestos.” See: Assessing trends and burden of occupational exposure to asbestos in the United States: a comprehensive analysis from 1990 to 2019.
Fraud Accusations: Johnson & Johnson
May 28, 2024
Six law firms announced last week that they would be mounting a class action in the U.S. District Court in New Jersey against Johnson & Johnson’s (J&J) “fraudulent” attempt to off-load asbestos liabilities to a bankrupt company. The claimants in these cases are women who contracted ovarian cancer after using J&J talc-based baby powder contaminated with asbestos. J&J is accused of “playing a dark game of chess with this country's financial and judicial systems. With a net worth of nearly $400 billion, this corporation has deliberately manipulated assets to sidestep its obligations to ovarian cancer victims and in so doing has robbed them of true and rightful justice.” See: Proposed Class Action Filed by Six Law Firms Alleging Series of Fraudulent Transfers by Johnson & Johnson in Talc Litigation.
Toxic Talc and Ovarian Cancer
May 22, 2024
An analysis of research by seven scientists from the National Institute of Environmental Health Sciences, North Carolina into the link between the use of asbestos-containing talc products and ovarian cancer – which was published on May 15, 2024 in the Journal of Clinical Oncology – “found that applying talc powder to the genitals was associated with ovarian cancer and that the association was greater for people who used the powder frequently or for long periods of time.” The title of the peer-reviewed paper was: Intimate Care Products and Incidence of Hormone-Related Cancers: A Quantitative Bias Analysis. See: Study links talc use to ovarian cancer – a potential boon for thousands suing J&J.
Supreme Court Ruling
May 17, 2024
On May 13, 2024, the US Supreme Court declined to support a lawsuit by asbestos victims who argued that the defendant corporation Georgia-Pacific was not entitled to legal protection as a result of a bankruptcy action filed by its affiliate Bestwell, which was created in 2017 as a means of off-loading Georgia-Pacific’s asbestos liabilities. This process, which is commonly known as the Texas Two-Step, puts a hold on all litigation including personal injury asbestos lawsuits. See: Texas Two-Step Asbestos Bankruptcy Avoids Supreme Court Look.
Asbestos Ban – A Long Time Coming
May 17, 2024
The commentary cited below contained a concise and lucid explanation of why the US, despite a mountain of scientific and medical evidence, continued to use asbestos long after other nations had banned it. After a quick review of landmark developments in the last 120+ years, author Naomi Oreskes explained that efforts to ban asbestos in the US had been repeatedly frustrated by asbestos vested interests. Concluding the article, Ms Oreskes wrote: “America was once a leader in occupational health and safety. Now we are laggards. It took 126 years for us to heed Lucy Deane’s warning about the dangers of asbestos. We need a better way to translate science into policy.” See: Asbestos Is Finally Banned in the U.S. Here’s Why It Took So Long.
Asbestos Update Shows Major Failings
May 14, 2024
According to the results of a recent US research project asbestos exposure remains a “significant threat” in the United States, the dangers of asbestos exposures are commonly underestimated and recommendations for health screening of at-risk individuals are routinely ignored. The author of the article cited below expressed surprise that almost 2 out of 5 US workers were still at risk from toxic workplace exposures; when asked, few of them were aware of the serious hazard of such exposures. See: Asbestos Safety Demands Lifelong Vigilance – Here's Why.
Johnson & Johnson: New Proposal
May 7, 2024
The news released on May 1, 2024 that the US pharmaceutical giant Johnson & Johnson (J&J) had proposed a new deal to resolve tens of thousands of cancer cases resulting from asbestos fibers in its talc-based baby powder was covered extensively at home and abroad. If the proposal is agreed, J&J would be able to resolve current and future ovarian cancer claims which make up 99% of the talc-related lawsuits brought against the company. Last year, J&J settled 95% of the outstanding legal actions on behalf of mesothelioma plaintiffs for an undisclosed sum of money. See: Johnson & Johnson proposes $6.5bn settlement of talc cancer lawsuits.
Victims’ Verdict in Montana
Apr 25, 2024
On April 22, 2024, a federal jury in a Montana court ruled that the actions of the defendant corporation – BNSF Railways – had contributed to the lung cancers contracted by two people from the mining town of Libby who were exposed to asbestos fiber when vermiculite shipments were transported from the mine by BNSF many decades ago. The claimants died of their asbestos illnesses in 2020. The estates of the deceased were awarded $4 million in compensatory damages. See: Jury: BNSF Railway Contributed to 2 Deaths in Montana Town Where Asbestos Sickened Thousands.
Victim’s Victory in Toxic Talc Case
Apr 23, 2024
On April 19, 2024, a jury in Chicago, Illinois ordered Johnson & Johnson (J&J) and Kenvue – the former consumer healthcare division of J&J – to pay compensation of $45 million to the family of mesothelioma sufferer Theresa Garcia who died in July 2020. The claimants allege that Mrs Garcia had contracted mesothelioma after having used asbestos-contaminated talc-based baby powder produced by J&J. Commenting on the verdict, J&J spokesperson Erik Haas said that the company would appeal the decision immediately. See: Court Orders Johnson & Johnson And Kenvue To Pay $45 Million In Talcum Baby Powder Lawsuit.
BNSF Railroad Denies Liability
Apr 23, 2024
On Friday, April 19, 2024, the legal team for BNSF Railways told a Montana federal civil court that the company was not liable for the lung cancer deaths of two Libby residents as it hadn’t known that the vermiculite transported by the railways was contaminated with asbestos fibers. According to lawyer Chad Knight “In the 50s, 60s and 70s no one in the public suspected there might be health concerns.” This is the first of many lawsuits to be heard in a federal civil court over the railroad’s culpability for the disaster which befell the former mining town. See: BNSF Railway says it didn't know about asbestos that's killed hundreds in Montana town.
Asbestos Victims Sue Railroad Company
Apr 15, 2024
Texas-based BNSF Railway, a company owned by the American billionaire Warren Buffet, is being sued by multiple asbestos victims – including 61-year old asbestos victim Paul Resch and the estates of Joyce Wald and Thomas Wells – who alleged that the railway failed to prevent cancerous fibers being liberated as a result of its operations in the Montana town of Libby. To date, arguments advanced by BNSF’s legal team in defence of the company have been rejected by U.S. District Court Judge Brian Morris. See: Victims of Montana asbestos pollution that killed hundreds take Warren Buffet's railroad to court.
Asbestos Malfunctions at GSA
Mar 11, 2024
The General Services Administration (GSA), an independent US government agency tasked with helping manage federal agencies, published a 48-page report in March 2024 (see: Federal Real Property: More Consistent Monitoring of Asbestos Could Improve Oversight) that disclosed that 2/3 of the GSA’s buildings (638 out of 955) haven’t been inspected for asbestos for five years, including some of which that may never have been inspected. A comprehensive plan for completing required inspections and updating the agency’s asbestos policy is under consideration by GSA officials. See: Federal Real Property: More Consistent Monitoring of Asbestos Could Improve Oversight.
Medical Clinic Support Program
Feb 12, 2024
The Center for Asbestos Related Disease (CARD) Clinic continues to provide healthcare for people in the town of Libby, Montana who were poisoned by exposures to asbestos liberated during the mining of vermiculite by the company W.R. Grace. Clinic staff provide free screenings to 1,000+ people for asbestos-related diseases and lung cancers every year. The medical programs are supported by a federal grant and eligibility for these services is reliant on applicants having lived, worked, or spent at least 6 months in Lincoln County, Montana more than ten years ago. See: Center for Asbestos Related Disease Continues FREE Asbestos & Lung Cancer Screenings.
New Jersey Asbestos Hotspot
Feb 8, 2024
The Mayor of Paterson, New Jersey was warned by federal officials of the “unacceptable risk” to members of the public posed by asbestos hidden in decaying industrial structures near Great Falls National Historical Park. According to the EPA’s Superfund and Emergency Management Division director Pat Evangelista: “As the buildings continue to deteriorate over time, the release and migration of the asbestos will also increase…A partial, or total collapse of the structure, should that occur, would cause a catastrophic release and an increased continual release of asbestos.” See: Feds warn of ‘unacceptable risk’ from contaminated buildings at Paterson’s Great Falls.
New Asbestos Trade Data
Feb 2, 2024
Asbestos trade data was uploaded on January 31, 2024 to the website of the United States Geological Survey (USGS) which showed that global asbestos consumption for 2023 (1.3 million tonnes/mt) was slightly less than for 2022 (1.33 mt). “Global demand,” the two-page briefing sheet stated “demand for asbestos will likely continue for the foreseeable future, particularly for use in cement pipe, roofing sheets, and other construction materials in Asia.” It was estimated that 100 tonnes of asbestos were used in the US in 2023, most of which came from stockpiles. No asbestos was imported to the US between January and September 2023. See: Asbestos Fact Sheet on USGS website.
No Justice for Asbestos Victims
Jan 24, 2024
Cancer lawsuits against the US company Georgia-Pacific (GP), owned by Koch Industries, remain in limbo thanks to a contentious legal stratagem – the “Texas two-step” – which allows solvent corporations to avoid paying claims by off-loading them to a bankrupt company. It has been estimated that there are 60,000 GP asbestos plaintiffs waiting for their day in court since all lawsuits were frozen in 2017 when GP underwent a financial reorganization which dumped the claims on a new company – Bestwall LLC – that was quickly put into bankruptcy. See: Families condemn Koch brothers over ploy to avoid asbestos compensation.
Abusing Asbestos Victims
Jan 24, 2024
On January 22, 2024, an amicus brief over the use by US corporations of the legal stratagem – nicknamed “the Texas two-step” – was submitted to the Supreme Court by Senators Dick Durbin (Illinois), Sheldon Whitehouse (Rhode Island), Josh Hawley (Missouri) and attorney-generals from 24 States, calling on the Court to reverse a 2023 appeal court decision freezing 64,000 asbestos lawsuits against Georgia-Pacific, a company worth tens of billions of dollars. See: Senators, states ask US Supreme Court to curb ‘two-step’ bankruptcy abuse.
Asbestos Hazard in the Military
Jan 16, 2024
Extracts of texts from documents obtained by Associated Press were quoted in the article cited below which highlighted asbestos exposures experienced by USA military personnel at three nuclear missile bases. The hazard of occupational exposures to chrysotile (white) asbestos was downplayed in official reports despite the ubiquity of the substance on the bases. A serviceman from the Malmstrom base wrote in a complaint he submitted to the Inspector General that missile workers “routinely removed, handled and replaced these (asbestos floor) tiles as part of required survival equipment inventories.” See: The Air Force said its nuclear missile capsules were safe. But toxic dangers lurked, documents show.
Deal Reached for Asbestos Victims: Finally!
Jan 16, 2024
On December 21, 2023, a long-standing legal battle ended when an agreement worth $150 million was reached at a Texas bankruptcy court to settle asbestos lawsuits initiated by workers and family victims arising over injuries caused by asbestos exposures at the St. Croix refinery owned by the Hess Corporation in the US Virgin Islands. Within 10 days, the company agreed to place $105 million into a trust for 910 claimants, with the balance of the money being put aside for future claims. The first 400 cases were filed in 1997/98; many of the plaintiffs have died while the case has been litigated. See: Hess Corp. Settles St. Croix Asbestos Lawsuit for $150 Million.
Johnson & Johnson: Update
Jan 11, 2024
On January 8, 2024, Forbes reported that Johnson & Johnson (J&J) had signed a $700 million agreement with the Attorney Generals of 40 US States to resolve claims arising from J&J’s marketing of talc-based baby powder and its failure to warn customers about the cancer risk. The company faces more than 50,000 personal injury claims from cancer patients who allege their diseases were caused by exposure to asbestos fibers contained in the talc used to make J&J’s iconic baby powder. See: Johnson & Johnson Will Pay $700 Million To Resolve Baby Powder Marketing Probe, Report Says.
Asbestos-Cement: Updated Research
Jan 10, 2024
Citing a research paper published in November, 2023, the author of the article cited below which was uploaded on January 5, 2024 reported the alarming finding that: “Airborne fibers released from asbestos cement exceed the permissible level by 50 times.” Considering that asbestos-cement products account for the majority of material still being manufactured with asbestos, this finding is of serious concern not only to people in the USA where the research was done, but to people in every country where asbestos material has been used. See: “Alarming” Findings: Current Uses of Asbestos Exceed Exposure Limits.
J&J Update from New Jersey
Jan 5, 2024
On December 29, 2023, U.S. District Judge Zahid Quraishi in Trenton, New Jersey, allowed Johnson & Johnson (J&J) shareholders from Feb. 22, 2013, to Dec. 13, 2018, to pursue a class action accusing J&J “of fraudulently concealing how its talc products were contaminated by cancer-causing asbestos.” The company had presented arguments calling for the class period to be shortened by a year. Reacting to the verdict, corporate spokesman Erik Haas pledged that J&J would “continue to vigorously litigate cases that challenge the safety of our product or the accuracy of our public statements.” See: Judge certifies Johnson & Johnson shareholder class action over talc disclosures.
Verdict for Mesothelioma Widow
Jan 3, 2024
After a nine-day trial, a jury in Cook County, Illinois last month awarded $30 million to the widow of a man whose asbestos cancer death had been caused by childhood exposures to asbestos brought home on his father’s work clothes. The defendant, Bridgestone Firestone, had operated a tire manufacturing facility in Decatur where asbestos-containing talc had been used. Thomas Jackson died five weeks after being diagnosed with peritoneal mesothelioma; he was 64 years old. See: Illinois Jury Awards $30 Million Verdict In Mesothelioma Case Against Bridgestone Firestone.
Crime & Punishment
Dec 12, 2023
As a result of legal action taken by the Attorney General of Michigan Dana Nessel against contractors who had been accused of mishandling asbestos during demolition work, Metropolitan Environmental, LLC and its owner Lamar Grace, were found liable for “operating an illegal dump in Southfield and storing asbestos and other hazardous waste there.” Both defendants were ordered to pay $125,000. Commenting on this case, AG Nessel said: “Environmental laws protect Michiganders from exposure to dangerous air pollution and hazardous waste.” See: Attorney General Nessel takes action against contractors accused of mishandling asbestos.
Johnson & Johnson New Litigation Strategy
Dec 8, 2023
Bloomberg News reported this week that Johnson & Johnson (J&J) has adopted a new strategy to avoid some of the upcoming trials resulting from an estimated 50,000 lawsuits over the presence of asbestos in J&J’s iconic talc-based baby powder. Three leading US law firms are reported to have settled cases with J&J under confidential agreements. The law firms named in the article cited below were: Kazan, McClain Satterley & Greenwood, Levy Konigsberg, and Motley Rice. J&J is expected to pursue a third bankruptcy filing to resolve the talc litigation in its entirety. See: J&J Is Pushing to Settle Baby Powder Cases Linked to Asbestos.
Asbestos in the Navy
Dec 5, 2023
A commentary uploaded on the Federal News Network on November 30, 2023 highlighted the long-tail legacy of asbestos exposures experienced by US naval personnel. Throughout much of the 20th century, the use of asbestos-containing products was routine for all branches of the military. Navy service personnel, unfortunately, experienced “exceptionally” high exposures because they lived and worked close to this toxic material. Veterans were advised to get periodic health check-ups to catch early symptoms of asbestos-related diseases; the earlier the diseases were detected, the better the chances for successful treatment. See: Protecting those who protected us: Raising awareness of Navy veterans’ asbestos exposure.
Asbestos at California Jail
Nov 27, 2023
A whistleblower’s complaint by a California member of the American Federation of Government Employees trade union (AFGE) was upheld by the U.S. Office of Special Counsel who ruled that the management at the Federal Correctional Institution Dublin, California violated OSHA standards by exposing staff and inmates to asbestos and mold found throughout the prison. The AFGE’s Assistant General Counsel Ward Morrow called on: “Congress and its oversight committees to further investigate the failure by the Department of Justice and the Bureau of Prisons to provide full disclosure to the staff and inmates as to their exposure, as well as the need for proper medical surveillance.” See: Office of Special Counsel finds multiple OSHA violations at troubled federal prison.
Victims’ Victory over J&J
Nov 24, 2023
It was reported on November 16, 2023, that the first two mesothelioma cases against Johnson & Johnson (J&J) to go to trial after a federal court had rejected the company’s latest bankruptcy plans had been settled. The claimants – Rosalino Reyes (deceased in 2020) and Marlin Eagles – alleged that their cancers had been caused by exposure to asbestos in J&J’s talc-based baby powder. J&J agreed to settle these as well as other claims being represented by the California law firm which had represented Reyes and Eagles: Kazan, McClain, Satterley & Greenwood. See: J&J settles first talc cases to go to trial after failed bankruptcies.
Assessing the Hazard Posed by AC
Nov 24, 2023
A paper published by Perry Gottesfeld on November 9, 2023 in the Annals of Work Exposures and Health reviewed reports on asbestos levels created during the processing and use of asbestos-cement (AC) building products. The author highlighted the hazardous conditions created by the use of power saws when cutting AC products, finding that the vast majority of tasks undertaken with AC sheets and AC pipes exceeded US allowable limits. The author concluded that: “Intermittent high exposures from the ongoing use of AC products in countries around the world are associated with an increased lifetime risk of asbestos-related disease.” See: Exposure hazards from continuing use and removal of asbestos cement products.
Asbestos: New Study
Nov 17, 2023
A paper entitled Exposure hazards from continuing use and removal of asbestos-cement products, which was published on November 9, 2023 in the Annals of Work Exposures and Health, concluded that the installation and removal of asbestos-cement (AC) products caused levels of airborne asbestos fibers which “almost always exceed U.S. occupational limits.” Water is delivered via 600,000 miles of ageing AC pipes still in place in the USA. As AC building products account for 90% of asbestos used worldwide, these findings are of relevance not only to Americans but to people the world over. See: Asbestos Use Surpasses Safe Exposure Limits.
Update on J&J Asbestos Lawsuits
Nov 14, 2023
Recently, it was reported that there are now 40,000+ lawsuits against Johnson & Johnson (J&J) over the historic presence of asbestos fibers in its iconic talc-based baby powder. The article which is cited below reported that in addition to the personal injury cases, Los Angeles County had filed a lawsuit against the pharmaceutical multinational. The LA case alleged that despite knowing about the dangers posed by asbestos in its baby powder, J&J continued to market this product thereby causing untold misery to LA County residents. Lawyers for the County also claimed that J&J had a marketing policy which targeted minority women. See: Talcum Baby Powder Ovarian Cancer Lawsuit.
Growing Support for Asbestos Ban
Oct 30, 2023
A week ago, New York City Comptroller Brad Lander – a trustee of the New York City Fire Pension Fund and the New York City Police Pension Fund – denounced the continued use of asbestos by the Occidental Chemical Corporation (OxyChem), the only US company to still import asbestos for use in the chlor-alkali industry. As of September 1, 2023, the pension companies mentioned above collectively owned $61 million worth of shares of Occidental Petroleum, OxyChem’s parent company. According to Lander, OxyChem is opposed to an asbestos phase-out even though other US chlor-alkali companies are engaged in the transition to asbestos-free technology. See: NYC Comptroller Urges OxyChem to Stop Importing Asbestos.
Prison Sentence for Asbestos Crime
Oct 16, 2023
On October 10, 2023, a federal court in Las Vegas, Nevada ruled that contractors Rene Morales and Hector Vasquez were guilty of violating the Clean Air Act by failing to implement asbestos protections during renovation work to convert a warehouse into a marijuana facility. Under their supervision, asbestos-containing drywall material and ceiling coatings were removed without following mandatory abatement measures and guidelines. Both men pleaded guilty; they each received sentences of six months. Commenting on the verdict, US Attorney Jason Frierson said: “These crimes endanger the lives of workers, tenants, and the community at large.” See: Las Vegas contractors imprisoned for reckless asbestos release during warehouse renovation.
Mesothelioma Drug Approval
Oct 13, 2023
The US Food and Drug Administration awarded the cancer vaccine Ultimovacs, designed “to induce an immune response against the cancer cell proliferation enzyme telomerase (hTERT) in patients with malignant pleural mesothelioma,” an orphan drug designation. This decision was taken based on the initial results of a Phase II randomized, open-label clinical trial organized by Oslo University Hospital and conducted in Norway, Spain, Australia, Denmark, and Sweden. The orphan drug status qualifies sponsors for multiple incentives including tax credits, fee exemptions and market exclusivity. See: Ultimovacs bags orphan drug tag for mesothelioma vaccine.
Using the Law to Defraud Victims
Oct 9, 2023
The use of a financial stratagem – nicknamed The Texas Two-Step” – by US asbestos defendants to escape liabilities for causing injuries and deaths to tens of thousands of people was the subject of the article cited below. The text contained an interview with Amy DeMaio, the daughter of a deceased mesothelioma victim, who had been exposed to asbestos during his career as a construction worker. Ms. DeMaio was scandalized by the behaviour of defendant corporations which are abusing the bankruptcy system to escape accountability for their actions. See: ‘They made a huge profit knowing they’d kill people’: US firms use tactics to avoid paying asbestos victims.
Asbestos-related Lung Cancer, Jury Victory
Oct 5, 2023
It was announced on September 12, 2023, that a $38 million judgment had been awarded to a man suffering from asbestos-related lung cancer. A New York jury ruled that his disease had been caused by workplace exposures to asbestos at construction demolition sites. Over a period of 20 years, the 66-year old plaintiff had done a lot of work on boilers and the defendant in this case – Burnham LLC, a US boiler company – was found 85% responsible for the injuries sustained. Fifteen per cent of the damages were deducted as the worker had a history of smoking. See: $38 Million Verdict for Smoker with Lung Cancer from Asbestos.
Asbestos in Municipal Water Delivery System
Sep 25, 2023
Danny Johnson, the Mayor of the US city of Marked Tree, announced last week that the authorities in Arkansas had secured a $500,000 grant from the United States Department of Agriculture for the removal of 50-year old asbestos water pipes from the urban infrastructure. Work on the upgrade of the town’s water delivery system will begin in January 2024. According to the National Cancer Institute, asbestos is a human carcinogen. This is why the town routinely monitors the quality of the water. See: City working to remove asbestos from water pipes.
Mesothelioma Case to Proceed
Sep 22, 2023
A motion by the defendant Avondale for the dismissal of a personal injury mesothelioma case on the grounds that the action was pre-empted by federal law was dismissed on September 8, 2023, by the US District Court for the Eastern District of Louisiana. As a result of the findings cited in the three-page verdict, litigation by surviving family members of the deceased shipyard worker Felton Robichaux will proceed. The late Mr Robichaux had been exposed to asbestos whilst employed at Avondale Shipyard from 1961 to 1979 as an insulator and carpenter. See: US District Court for the Eastern District of Louisiana Verdict Robinchaux, et al. versus Huntington Ingalls Inc. September 8, 2023.
Teachers Lawsuit over Asbestos Protest
Sep 21, 2023
Three teachers in Philadelphia – Ethan Tannen, Carolyn Gray and Karen Celli – who held outdoor lessons to manifest their concern over teaching in a school contaminated with asbestos issued a class action lawsuit against the School District of Philadelphia last month. The claimants alleged that the district had violated their First Amendment rights after the protest by docking their wages “for unauthorized absences” from the Julia R. Masterman Laboratory and Demonstration School. See: Philadelphia teachers sue district for First Amendment rights violation over asbestos protests.
Medical Expert Sues J&J
Sep 21, 2023
Last week, lawyers for Dr Jacqueline Moline asked a federal court in Trenton, New Jersey to throw out a lawsuit by Johnson and Johnson (J&J) they said was intended to “intimidate” her as part of the company’s campaign to defend itself from tens of thousands of asbestos cancer claims. J&J filed the suit in May 2023 over research published by Dr Moline in 2019 that linked the use of cosmetic talc products and cancer. The doctor said that her research was sound and that she was entitled under the First Amendment to the right of free speech. See: Doctor asks court to toss J&J lawsuit against her over cancer research.
Asbestos Legacy of 9/11
Sep 18, 2023
On the anniversary of the terrorist attacks on the World Trade Center, the Italian article cited below highlighted the repercussions from the events on that day. Amongst the pollutants such as lead, mercury and benzene released by the attack were 400 hundred tons of asbestos, a known carcinogen. Based on estimates by health experts, up to 525,000 people inhaled asbestos liberated by the attack in NYC, the majority of whom were first responders or clean-up workers. The effects of these exposures won’t be known, in full, till at least 2041. See: 11 settembre, gli effetti dell’amianto sono problematiche ancora oggi [September 11th, the effects of asbestos [released] are still problematic today].
FDA Taking on the Cosmetics Industry
Aug 28, 2023
Until 2022, the sale of cosmetics in the US was virtually unregulated. Last year, Congress gave the Food and Drug Administration (FDA) authority over the industry. New FDA regulations will mandate that companies that market makeup, shampoo, nail polish etc. register the sites where their products were made and disclose the ingredients of individual products. The FDA is developing a standard for analysing whether talcum powder, found in baby powder and some cosmetics, contains asbestos. The FDA is authorized to order a mandatory recall of a cosmetic product if it identifies a serious health issue. See: F.D.A. Oversees Cosmetic Safety.
State Supreme Court Ruling
Aug 25, 2023
On August 3, 2023, the Supreme Court of the US State of Washington issued its ruling in a mesothelioma case brought by the family of deceased insulation worker Warren Wright. The Supreme Court confirmed the lower court (2021) and appeal court’s rulings awarding the family $4 million compensation reduced to $2.2m when compensation settlement payments from other defendants were off-set. Warren Wright had been employed by a contractor for Exxon in 1979 to remove asbestos insulation from pipes and equipment in an oil refinery. See: WAYNE WRIGHT, individually and as personal representative for the estate of WARREN WRIGHT, deceased v. EXXONMOBIL OIL COMPANY. [Case] No. 100768-0.
Asbestos in Philadelphia’s Schools
Aug 23, 2023
Asbestos contamination of schools in Pennsylvania’s capital has been widely covered by the media, with the closure of several schools necessitating the relocation of pupils and/or online learning in 2022/23. In the run-up to the school term that will begin in September, news has been released that: Building 21 High School and Mitchell Elementary will reopen; Frankford High School will partially reopen, with 9th grade students being sent to Clemente school; Universal Vare Charter Middle School will be closed for the year with students being sent to the McDaniel Annex Building. See: Ongoing asbestos issues in Philly schools forcing students to switch buildings.
Another Obituary: Paul Brodeur
Aug 21, 2023
An obituary of legendary investigative reporter Paul Brodeur was published in the New York Times on August 17, 2023. The text highlighted the important role Brodeur’s articles played in attracting “national attention to subjects like the toxic hazards of asbestos and the destructive impact of chlorofluorocarbons on the ozone layer…” In his seminal 1968 article The Magic Mineral, Brodeur wrote: “There is not an automobile, airplane, train, ship, missile or engine of any sort that does not contain asbestos in some form or other, and it has found its way into literally every building, factory, home and farm across the land.” See: Paul Brodeur, Reporter Who Exposed the Hazards of Asbestos, Dies at 92.
Post-Disaster Hazard in Hawaii
Aug 18, 2023
On August 11, 2023, Hawaii’s Department of Health issued an alert in the aftermath of the horrific fires which decimated the Lahaina area of the island of Maui warning local people and emergency responders of the danger posed by the inhalation of: “Ash and dust (particularly from burned buildings) [which] may contain toxic and cancer-causing chemicals including asbestos, arsenic, and lead.” As many of the buildings in the historic city were erected during the asbestos heyday, it is thought that they contained asbestos. See: What To Know About The Potential Health Risks Of The Maui Fires—From Birth Defects To Cancer.
Mesothelioma Treatment: Update
Aug 18, 2023
Researchers from the US State of North Carolina published a paper in last month’s Nature journal which showed that the chemotherapy drug Cisplatin was a better choice for Hyperthermic (heated) Intraperitoneal Chemotherapy (HIPEC) treatment of patients with peritoneal mesothelioma. For people with an interest in mesothelioma research, there are many other papers on mesothelioma developments on the Nature website
See: Cisplatin exhibits superiority over MMC as a perfusion agent in a peritoneal mesothelioma patient. specific organoid HIPEC platform.
Sad news from Cape Cod
Aug 16, 2023
The news was reported last week of the death of legendary investigative reporter and author Paul Brodeur whose meticulous research first exposed the malfeasance of US asbestos companies whose ill treatment of workers caused countless numbers to suffer ill health and premature death. In his articles and books, he revealed the industrial–medical conspiracy developed and sustained by asbestos dollars to create a climate in which sales of “the Magic Mineral” would flourish. He had a long retirement on Cape Cod, the holiday island favored by many including President John Kennedy and his family. See: Paul Brodeur, journalist who exposed asbestos hazards, dies at 92.
J&J Bankruptcy: Round 2
Aug 3, 2023
On July 28, 2023, U.S. Bankruptcy Judge Michael Kaplan in Trenton, New Jersey rejected plans by Johnson & Johnson (J&J) to resolve tens of thousands of asbestos lawsuits with an $8.9 billion settlement that would stop new claims from being filed. This was the second court decision to reject these plans. Lawyers for plaintiffs who believe their cancers were caused by use of asbestos-contaminated talc in J&J baby powder called the company’s attempt to curtail cancer claims “an abuse of U.S. bankruptcy law.” See: J&J effort to resolve talc lawsuits in bankruptcy fails a second time.
Georgia-Pacific Controversy
Aug 3, 2023
The U.S. Chamber of Commerce is now at loggerheads with 20 US states and the District of Columbia over the use by Georgia-Pacific of the contentious legal strategy referred to as the “Texas two-step.” The States called on the 4th U.S. Circuit Court of Appeals to rethink a divided June 20, 2023 verdict that allowed the company to dump tens of thousands of asbestos lawsuits into Bestwell, a spin-off subsidiary seeking to use Chapter 11 bankruptcy to avoid mass tort litigation. See: Georgia-Pacific’s ‘Texas two-step’ pits state AGs against U.S. Chamber.
Verdict for Mesothelioma Claimant
Jul 25, 2023
A jury in Oakland, California on July 18, 2023 issued a victim’s verdict in a case brought by a 24-year old mesothelioma victim who alleged that his cancer was caused by exposure to asbestos contained in Johnson & Johnson’s (J&J) talc-based baby powder. In his closing argument to the jury Joe Satterley, the lawyer representing Emory Hernandez Valadez, said that J&J had been engaged in a “despicable” decades-long cover-up of asbestos contamination of its iconic baby powder. The jury agreed and awarded the plaintiff the sum of $18.8 million. See: J&J must pay $18.8 million to California cancer patient in baby powder suit.
J&J Summer Offensive
Jul 18, 2023
In a July 12, 2023 Reuters article it was announced that LTL Management – a Johnson & Johnson subsidiary – had launched a lawsuit earlier this month in a New Jersey federal court against researchers who had published a paper about studies showing that the use of talc-based personal products could cause cancer; J&J denied these findings. The lawsuit targeted Drs Richard Kradin, Theresa Emory and John Maddox, all of whom were requested to “retract and/or issue a correction" of the study which stated that the use of asbestos-contaminated talc-based consumer products could cause mesothelioma. See: Johnson & Johnson sues researchers who linked talc to cancer.
Victims’ Attack J&J Legal Strategy
Jul 18, 2023
US cancer victims with claims against the American pharmaceutical giant Johnson & Johnson (J&J) remain incensed at the success J&J is having in avoiding its liabilities. Forty thousand claims have been made by users of J&J talc-based baby powder by people who believe that their cancers were caused by use of J&J’s iconic product. The article cited below includes an interview with mesothelioma sufferer Juliet Gray. “When you’re selling products to people for their health,” she said “that they used to take care of themselves and those products are tainted with something so toxic you get a terminal cancer from it, that is not OK…” See: Johnson and Johnson bankruptcy claim is a ruse to limit liability, cancer victims say.
Asbestos Case Reinstated
Jul 14, 2023
A mesothelioma case was resurrected on July 7, 2023 after a Kentucky appellate court reversed a lower court’s ruling that had dismissed a lawsuit against two companies. The personal injury case, which had been brought by Paul Williams widower of a mesothelioma victim, sought damages from Schneider Electric USA Inc. and Union Carbide Corp. for the 2017 death of Vickie Williams, aged 54, who was exposed to asbestos fibers brought home on her father’s work clothes. As a teenager in 1978, Ms Williams had also worked for Schneider Electric USA Inc. for three months. See: Estate of mesothelioma victim may pursue claims.
Review of EPA Asbestos Paper
Jul 4, 2023
A call for 10 to 15 scientific and technical experts to review the US Environmental Protection Agency’s (EPA’s) 2023 White Paper on the Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2 was issued on June 22, 2023. According to the EPA, the white paper will be released for public review and comment in late July 2023. In this white paper, the conditions of use (COU) of asbestos, including other types of asbestos in addition to chrysotile, “that EPA had excluded from Part 1 as legacy uses and associated disposals, as well as any COU of asbestos-containing talc” will be evaluated. See: EPA Requests Nominations for Experts to Review White Paper to Be Used in the Risk Evaluation for Asbestos Part 2 under TSCA.
Update from Trenton Court
Jun 29, 2023
On June 27, 2023, in Trenton, New Jersey US Bankruptcy Judge Michael Kaplan began hearing evidence and arguments over Johnson & Johnson’s (J&J) latest $8.9 billion plan to settle 38,000+ asbestos-related cancer lawsuits which alleged that the company sold baby powder contaminated with asbestos fibers. In April, 2023, J&J had tried unsuccessfully to convince a US appeals court that the bankruptcy of its subsidiary LTL Management, into which all the parent company’s asbestos lawsuits had been dumped, was legitimate. The company is hoping that its arguments will find favor with the NJ Judge. See: J&J's $8.9 billion talc settlement faces US bankruptcy test.
Remediating Asbestos Site in Montana
Jun 28, 2023
Early in June, Environmental Protection Agency Community Involvement Coordinator Beth Archer told residents and local officials about the latest developments regarding the former vermiculite mine at the Libby Asbestos Superfund site in the run-up to the commencement of a new phase of the US Government’s cleanup of the toxic town. Dania Zinner, remedial project manager for the EPA said the proposed plan would be completed by by 2025 or 2026, adding: “We make sure that we put a lot of long-term management tools onto a property, just to make sure that the remedy stays protective of human health and the environment into perpetuity, so forever.” See: EPA recaps progress, looks at former mine site.
Duty of Care Owed
Jun 26, 2023
On June 20, 2023, a 26-page ruling by the United States Court of Appeals for the Seventh Circuit reversed a district court summary judgment which found that a manufacturer had not owed a duty of care to its customers, such as Bruce Johnson who contracted cancer as a result of exposure to asbestos contained in vermiculite packaging material used by Orton Ceramic. Mr. Johnson was diagnosed with malignant mesothelioma on March 3, 2017; he died on January 6, 2020. The case was remanded for further proceedings. See: Judgment in the appeal of the Deborah Johnson vs Edward Orton, Jr. Ceramic Foundation.
Father’s Day without Dad
Jun 22, 2023
A touching and timely article published on Father’s Day by Kate Hash described her family’s loss, five years after her father died from the asbestos cancer, mesothelioma. For years, the author said, she had struggled with the concept of receiving money for his death in the form of compensation from the employer which had negligently exposed him to asbestos at the steel mill where he worked. “This year,” she wrote “will be the first time I feel in touch with and comfortable in the power of the inheritance that my dad has left me.” See: My dad died from work-related mesothelioma. Receiving compensation was both empowering and painful.
Asbestos in Cosmetics
Jun 19, 2023
The feature length article in the US magazine cited below explored the background to the thousands of US lawsuits proceeding over the harmful consequences of consumers use of cosmetic and healthcare talc-based products contaminated with asbestos fibers. Scientific articles are referenced and lists of brands and products are included along with warnings about the consequences for human health of exposure to asbestos. Despite the known hazard, the Food and Drug Administration “does not regulate cosmetic-grade talc.” Readers are advised to use products which are not talc-based. See: Asbestos in Cosmetics: Should We Worry?
J&J Trial in California
Jun 6, 2023
It was reported on May 31, 2023, that a trial against the US pharmaceutical giant Johnson & Johnson (J&J) had opened in Alameda County, California. Although almost all other legal actions against the company had been frozen due to bankruptcy proceedings, this trial was allowed to proceed by US Chief Bankruptcy Judge Michael Kaplan due to the serious condition of the plaintiff, 24-year old Emory Hernandez who is dying from the asbestos cancer mesothelioma. Even if Hernandez wins, he won’t be able to collect on the judgment until the bankruptcy is resolved. Nevertheless, the trial’s outcome could influence whether other plaintiffs decide to join in a proposed settlement. See: J&J faces new trial over talc cancer claims, amid settlement push.
I’d rather be in Philadelphia?
Jun 5, 2023
US comedian W. C. Fields was rumored to have as his epitaph “I’d rather be in Philadelphia.” Considering the state of the city’s schools, he might have wanted to reconsider. The article cited below names Philadelphia schools known to contain asbestos. The contamination isn’t surprising considering that the average building in the municipal School District is over 70 years old. Six of the city’s schools were closed in 2022-23 because of asbestos. Since 2016, 2,400 asbestos remediation projects have been completed in school buildings. The asbestos inspection program is way behind schedule. See: Asbestos in Philadelphia schools: What we know.
Johnson & Johnson: Update
Jun 5, 2023
The Attorney Generals of the US states of New Mexico and Mississippi last month (May 2023) added their support to the growing list of opponents to the plans by Johnson and Johnson (J&J) to off-load its asbestos liabilities into a bankrupt company (LTL). Included amongst those opposing J&J’s legal stratagems are cancer victims, their defense teams, politicians and the US Department of Justice. J&J has floated a nearly $9 billion plan to settle all its asbestos claims, both current and future. See: State AGs Join Opposition to LTL Bankruptcy in Talcum Powder Lawsuits.
Hess Corporation Asbestos Settlement
Jun 2, 2023
According to an article published on May 26, 2022, Hess Corporation – the US parent company of HONX, a joint owner of the Hovensa Oil Refinery on the island of St. Croix in the US Virgin Islands – has agreed to pay $106 million into a trust for former refinery workers and their families who were injured by asbestos exposures in St. Croix. The deal, which was filed with a Texas bankruptcy court on May 24, set aside $90m for current claimants, $15m for future claimants and $1m to cover the trust’s administrative costs. “The settlement,” wrote journalist Mat Probasco “makes Hess immune from future asbestos-related legal action.” See: Hess Settles St. Croix Asbestos Claims For $106 Million.
Asbestos Phase-Out
May 31, 2023
OxyChem (also known as Occidental Chemical Corporation) – one of the biggest manufacturers of chlorine in the US – announced last week that it planned to phase out asbestos technology at its chlor-alkali plant. A company press release noted that: “OxyChem has picked membrane electrolysis technology from Thyssenkrupp Nucera to replace the diaphragm technology at its largest chlor-alkali facility, in LaPorte, Texas. The project is expected to take 3 years.” The other two big US chlorine manufacturers – Olin and Westlake – had previously announced plans to phase out asbestos diaphragms. See: OxyChem will adopt membrane technology at chlor-alkali plant.
Asbestos in Schools
May 25 2023
On May 18, 2023 concerned parents, school staff, and their supporters held a rally on the steps of the Philadelphia School District’s headquarters to demand increased clarity and coordination on tackling asbestos contamination of the city’s schools. After initially being rebuffed by security personnel, the petitions presented on Thursday by groups from Henry and Mitchell elementary schools, and Building 21 and Frankford High – four schools closed by asbestos problems this year – were accepted by Oz Hill, the district’s chief operating officer, and district spokesperson Monique Braxton. See: Philly teachers and parents from schools closed by asbestos petition the district for better information.
Johnson & Johnson Asbestos Scandal
May 22, 2023
A 24-minute video uploaded on May 11, 2023 detailed the controversy surrounding the US pharmaceutical giant Johnson and Johnson (J&J) which stands accused by tens of thousands of people of causing their cancers. The claimants argue that use of J&J’s talc-based baby powder, which was contaminated with asbestos fibers had been the reason they contracted mesothelioma, and/or ovarian cancer. Internal documents exhibited during this video showed that the company had known about the risks and still continued selling its iconic baby powder throughout the world. See: Inside the Johnson & Johnson Baby Powder Controversy.
Recognition for Libby Clinic
May 22, 2023
A resolution introduced to the Montana House of Representatives by Representative Steve Gunderson, which recognized the “critical importance of the lessons learned during the asbestos-related Public Health Emergency declared in Lincoln County… as well as the ongoing contributions made by the Center for Asbestos Related Disease to both the Libby community and the field of asbestos related diseases,” was passed earlier this month. The well-deserved recognition of the work of the center will allow it to access additional funding to support ongoing operations and expand clinical and educational services to people nationwide exposed to Libby asbestos. See: Center for Asbestos Related Disease (CARD) Designated as a Center of Excellence.
Johnson & Johnson: Toxic Talc
May 15, 2023
On May 7, 2023, a 45-minute segment, entitled Shaken: Baby Powder on Trial, was broadcast on the CNN TV show The Whole Story, explaining the controversial attempts by Johnson & Johnson (J&J) to off-load cancer lawsuits by consumers who allege that fatal diseases they contracted were due to use of asbestos-contaminated J&J talc-based baby powder. Despite all the evidence to the contrary, J&J continues to deny there was asbestos in its baby powder, with one spokesperson on the program saying: “We have always believed this is a safe product. And that's why we continue to sell it for over 125 years. It was a sad day in 2020 when we stopped selling this iconic product.” See: Transcript of The Whole Story TV Program - Shaken: Baby Powder on Trial.
Attack on New J&J Corporate Entity
May 4, 2023
As a new Johnson & Johnson (J&J) consumer business (Kenvue) attempted to complete its Initial Public Offer roadshow, seven lawsuits from US cancer claimants who allege their diseases were caused by use of J&J’s asbestos-contaminated talc-based baby powder were filed which named Kenvue, including one lawsuit brought by husband and wife Justin and Kathryn Bergeron from Louisiana. The Bergerons case was filed in Middlesex County, New Jersey, the location of J&J’s home office. See: Talcum powder cancer claims target J&J’s new consumer carve-out.
Asbestos in Schools
May 4, 2023
On April 28, 2023, it was announced that yet another Philadelphia school – Universal Vare – had been closed after damaged asbestos was found in plaster above second-floor ceiling tiles during a routine inspection. It is unclear how much other asbestos is present within the school; pending further investigations, the school will remain closed. This is the sixth school in the city to be shuttered due to asbestos; the others are: Building 21, Frankford High, Mitchell Elementary and C.W. Henry and Simon Gratz Charter High School. See: A sixth Philadelphia school has closed because of damaged asbestos.
Johnson & Johnson
May 3, 2023
On April 24, 2023, lawyers representing cancer claimants urged that a US bankruptcy court in Trenton, New Jersey dismiss yet another bankruptcy filing, the second, by Johnson & Johnson’s (J&J) subsidiary LTL Management. The plaintiffs argued that J&J – a multinational pharmaceutical conglomerate worth more than $400 billion – was abusing the bankruptcy system and denying the legal rights of tens of thousands of consumers who had been injured by using baby powder contaminated with asbestos fibers. See: Cancer victims urge US judge to dismiss J&J talc unit second bankruptcy.
RSP in Construction Workers
Apr 28, 2023
According to a new study by researchers from Duke University’s Occupational & Environmental Medicine Division in North Carolina, asbestos workers had the highest prevalence (35.3%) of restrictive spirometry pattern (RSP), followed by truck drivers (32.9%), boilermakers (31.2%), plumbers, steamfitters and pipefitters (29.0%), and electricians 28.4%. “Restriction,” explained the authors “happens when the lungs become stiff after inhaling dust over time, which causes scarring that reduces the person’s ability to breathe in… [there is a] need for more preventive measures for workers.” See: Construction Workers at Increased Risk for Life-Threatening Lung Disease, Study Finds.
Johnson & Johnson: Update from NJ
Apr 27, 2023
On April 20, 2023, US Bankruptcy Judge Michael Kaplan issued a mixed verdict in a New Jersey court when he froze for 60 days the progress of tens of thousands of lawsuits brought by cancer victims over the presence of asbestos in talc-based baby powder made by Johnson and Johnson (J&J). According to the Judge, the stay in litigation is to allow LTL Management – a bankrupt J&J subsidiary – time to gain court approval of an $8.9 billion settlement. New lawsuits, however, can be filed over the next two months. See: J&J Wins Pause of Baby Powder Trials, Must Face New Suits.
Johnson & Johnson: Update
Apr 24, 2023
On April 18, 2023, lawyers for the Johnson & Johnson (J&J) subsidiary LTL Management petitioned a court in Trenton, New Jersey to freeze personal injury lawsuits against it and its parent company J&J until bankruptcy proceedings were finalized. LTL, which was set up in October 2021 by J&J as a dumping ground for tens of thousands of cancer lawsuits regarding J&J’s asbestos-contaminated talc-based baby powder, filed for bankruptcy within days of being set up. The first bankruptcy petition was dismissed by the Philadelphia-based 3rd U.S. Circuit Court of Appeals in January 2023. LTL has now re-filed for voluntary Chapter 11 bankruptcy protection, hoping to re-freeze the cancer litigation. See: Johnson & Johnson talc unit again seeks to halt 38,000 cancer lawsuits.
Asbestos Found after Indiana Blaze
Apr 24, 2023
A series of air monitoring surveys conducted by the U.S. Environmental Protection Agency (EPA) after the April 11, 2023 fire at the 175,000-square feet My Way Trading Warehouse in Richmond, Indiana, detected the presence of asbestos as well as other toxic substances. Debris containing asbestos was found, the Agency said, in neighborhoods surrounding the warehouse. Local residents were advised to contact the EPA to access assistance from EPA asbestos removal professionals to eradicate the hazard. See: EPA finds asbestos, compound used in chemical weapons in Richmond fire air samples.
Indiana Fire: Asbestos Alert
Apr 20, 2023
In a statement issued by the US Environmental Protection Agency (EPA) on April 12, 2023, the Agency said it had “started collecting debris samples in the surrounding community to determine whether asbestos-containing materials may have left the site” of an ongoing plastics fire in a warehouse in the US state of Indiana. Up to 2,000 residents were displaced from their homes, according to the Department of Homeland Security. The EPA warned the community that “asbestos-containing materials may be present due to the age of the building.” Any debris from the fire should be considered toxic until the results of the EPA analyses were available. See: Some debris from Indiana plastics fire may contain asbestos, EPA warns as particulate matter enters the air.
Johnson & Johnson: Litigation Update
Apr 17, 2023
On April 11, 2023, lawyers for the U.S. Trustee – the U.S. Department of Justice's bankruptcy watchdog – and tens of thousands of sufferers of cancers contracted, allegedly, as a result of using asbestos-containing talc-based baby powder produced by Johnson & Johnson urged U.S. District Judge Michael Kaplan in Trenton, New Jersey to to stop a second bankruptcy filing by the J&J subsidiary LTL Management. The lawyers challenged LTL’s assertions that two-thirds of the talc claimants would support the deal. See: J&J talc unit faces skepticism on bankruptcy settlement support.
Another Asbestos Bankruptcy
Apr 17, 2023
Pursuant to a Texas bankruptcy court order, a Washington-based media group launched a media campaign in 19 languages this year (2023) with a 1.7 billion target audience in 169 countries, to advise potential claimants of their right to take legal action over occupational asbestos exposures at the St. Croix oil refinery in the US Virgin Islands. The deadline for the submission of claims against the owners of the facility – the Hess Oil Virgin Islands Corporation now called HONX – was March 17, 2023. According to court records submitted on April 7, 2023, 303 calls had been received by March 31, 2023. See: Thousands, Maybe 1.7 billion, Observe Hess Asbestos Suit Deadline.
Asbestos in Schools: Philadelphia Update
Apr 14, 2022
Last week, students from two schools in Philadelphia – Mitchell Elementary School and Frankford High School – were switched to virtual learning when their schools were closed because of the discovery of asbestos. The situation was, said a spokesperson for the Philadelphia Federation of Teachers, “deeply concerning and upsetting.” On March 1, 2023 students were sent home when asbestos was discovered at another Philadelphia high school: Building 21. Although Building 21 will be closed long-term, it’s hoped that students from the other two schools may be able to return to their schools this month. See: Two Philadelphia Schools Close After Asbestos Found ‘DEEPLY CONCERNING’.
J&J’s Racist Marketing
Apr 14, 2023
A commentary focusing on the entrenched mistreatment of black female consumers in the US, took as the starting point for its discussion, news that the US pharmaceutical giant Johnson & Johnson (J&J) was progressing a nearly $9 billion plan to offload cancer claims from people who allege that their illnesses had been caused by use of J&J’s iconic baby powder. According to the claimants, the powder was contaminated with asbestos fibers. Other dangerous products marketed to black women included hair relaxers, the use of which had been linked to uterine fibroids and cancer. See: OP-ED: Johnson & Johnson’s Lawsuit is a Cruel Reminder that Black Women are (Still) Unprotected.
Major U-Turn by Chemical Company
Apr 13, 2023
In an unexpected change of policy on April 4, 2023, US chlorine producer Olin Corporation announced that it would no longer oppose legislation banning asbestos. In a letter to the Environmental Protection Agency (EPA), Olin CEO Scott Sutton told regulators that the company would endorse proposed prohibitions as long as there was a seven year phase out for asbestos-containing materials already in use. “Additionally,” he wrote “no asbestos imports into the U.S. are required past today.” The EPA’s current public consultation on draft asbestos proposals will end on April 17; the EPA said it would consider the Olin submission along with other information. See: Major Chemical Company Changes Tune on Asbestos, No Longer Opposes EPA Ban.
Asbestos Outreach Project in Montana
Apr 11, 2023
Pursuant to its remit to provide care for people who may have contracted an asbestos-related disease as a result of asbestos exposures in Libby, Montana, the Center for Asbestos Related Disease (CARD) has obtained funding from the Centers for Disease Control and Prevention to establish an asbestos outreach program. To qualify for medical screening, a person must have spent at least six months in Lincoln County, Montana over ten years ago. On April 27, CARD’s mobile screening clinic will visit Sanders County. The medical tests which will be undertaken include chest x-rays, autoimmune blood tests, spirometry breathing tests, compilations of health and exposure histories and interviews with trained providers. See: Mobile asbestos screening clinic coming to Sanders County.
Asbestos Crimes in Massachusetts
Apr 11, 2023
Last week, the Attorney General of Massachusetts Andrea Joy Campbell announced that she had lodged criminal charges against Franklin Analytical Services Inc. and its owners Thomas J. McCoog Sr. and Amy Franklin McCoog, arising from illegal asbestos operations carried out in the Massachusetts towns of New Bedford, Fall River, Dartmouth, North Andover, Stoughton, Bridgewater, West Bridgewater and Brockton. According to a press release, the accused were indicted by a grand jury on 32 counts of violating the Massachusetts Clean Air Act. See: Marion company charged with illegal asbestos work in New Bedford, Fall River, Dartmouth.
Johnson & Johnson: Update
Apr 7, 2023
On April 4, 2023, it was announced that the US pharmaceutical behemoth Johnson and Johnson (J&J) had reached a deal to advance plans for a nearly $9 billion settlement with ~40,000 US litigants who claim that their use of J&J’s asbestos-contaminated talc-based baby powder had given them cancer. Pending court approval, the settlement under discussion would be paid out over 25 years through the J&J subsidiary LTL Management, which is now in bankruptcy. The settlement plan was, said a J&J spokesman, “not an admission of wrongdoing.” See: Johnson & Johnson Reaches Deal for $8.9 Billion Talc Settlement.
Challenging Georgia-Pacific’s Asbestos Dodge
Apr 5, 2023
A legal reversal handed down by a three-judge federal appeals court panel in Philadelphia in January 2023 in litigation over Johnson & Johnson’s attempt to off-load its asbestos liabilities could impact on the outcome of asbestos cases brought against Koch Industries’ subsidiary Georgia-Pacific (GP). Koch Industries was the first conglomerate to use the “Texas two-step” to dump asbestos claims into a subsidiary which was then put into bankruptcy whilst the parent company retained all the company’s assets and profits. On February 17, a mesothelioma victim filed a lawsuit with the North Carolina court challenging GP’s bankruptcy claim, noting that in 2022 GP had paid $2.5 billion in dividends to its parent company. See: Court Ruling Could Curtail Koch’s Legal Sleight of Hand on Asbestos Claims.
Another Congressional Ban Asbestos Bill
Apr 3, 2023
A bill to ban asbestos was reintroduced to Congress on March 30, 2023 by Senator Jeff Merkley and Representative Suzanne Bonamici. In a press release Merkley said: “Every day that goes by without an asbestos ban is another day that Americans’ health and lives are being put in grave danger...We’ve known for generations that asbestos is lethal, yet the U.S. has continued to allow some industries to value profits over people.” Echoing her colleague’s comments Congresswoman Bonamici added: “It is unacceptable that the United States continues to allow the importation, manufacture, and distribution of asbestos—a known carcinogen that has killed too many people in our country.” See: Merkley, Bonamici introduce legislation to ban asbestos – KTVZ.
J&J Appeals to Supreme Court
Mar 27, 2023
On March 22, 2023, Johnson and Johnson (J&J) announced that it planned to ask the US Supreme Court to endorse the corporation’s use of the “Texas Two-Step” to dodge 38,000 cancer claims from consumers of J&J’s talc-based baby powder which, so the claimants say, was contaminated with asbestos fibers. J&J dumped these claims into a new subsidiary – LTL Management – which was shortly thereafter put into bankruptcy. On March 22, the 3rd U.S. Circuit Court of Appeals based in Philadelphia unanimously rejected J&J’s appeal of the Court’s January 2023 decision which ruled that LTL's bankruptcy should be dismissed. See: J&J to seek U.S. Supreme Court review on unit's bankruptcy.
Asbestos in Philadelphia’s Schools
Mar 27, 2023
According to Philadelphia School District Superintendent T. B. Watlington Sr., more asbestos material will be found in the city’s schools. The presence of asbestos had been known for years, but little had been done to reduce risk to school users. Watlington blamed underfunding and financial and staffing challenges, as well as the fact that the city’s school board is dependent on other entities for its ability to raise funds: “This is a moment that demands sustained investment in our schools and collaboration among district, civic, political and business leaders. It requires all of us to work toward our shared goal of creating and maintaining healthy, safe educational environments for all our students and staff.” See: Investigation underway over asbestos issues as Philly schools superintendent warns more discoveries are likely.
Progress Update on US Ban
Mar 23, 2023
Last week (March 16 & 17, 2023), the US Environmental Protection Agency (EPA) published documents with information about plans to finalize the Agency’s position regarding the legality of the use of chrysotile asbestos and products containing it in the US. Feedback from a public consultation process was mixed with the representatives of the industrial sector arguing for action on an asbestos ban to be phased in and citizens’ groups calling for an immediate end to the use of this class 1 carcinogen. Further comments can be submitted until April 17, 2023. See: EPA Releases Additional Data on Ongoing Uses of Chrysotile Asbestos.
Connecticut Mesothelioma Verdict
Mar 21, 2023
A Connecticut jury this month broke state records for the level of compensatory damages awarded in a mesothelioma case; punitive damages are yet to be determined. Defendants Vanderbilt Minerals and DAP, Inc., manufacturers of asbestos-containing building material used by John Peckham, were ordered to pay his widow and family the sum of $20 million for his 2020 death from the signature asbestos cancer. In the 1960s Peckham used DAP “33” window glazing which contained chrysotile asbestos and asbestos-contaminated talc. Whilst employed at the Stillwater Worsted Mill in East Woodstock, Peckham scraped and removed dried glazing from window frames whilst replacing hundreds of windows. See: Connecticut Jury Awards $20M in Worker’s Death from Asbestos Exposure.
Asbestos in Schools
Mar 20, 2023
Having withstood a fierce backlash from adverse publicity over the effects of asbestos contamination of Philadelphia’s public schools and school shutdowns over asbestos discoveries, municipal leaders threatened to withhold further funding until they receive a “detailed plan for rectifying the issue of unsafe and deteriorating school buildings” from the Philadelphia School Board. Calls are being made for state legislators to allocate funds to bring the city’s schools up to standard. So far, in 2023, there have been in excess of 195 asbestos removal projects in Philadelphia schools. See: City officials threaten to withhold school funding amid asbestos issues.
Update on EPA Asbestos Ban
Mar 20, 2023
The attempt by The Environmental Protection Agency (EPA) to ban the use of chrysotile (white) asbestos, the only type of asbestos still in use in the US, continues to be plagued by setbacks not least of which is the determined opposition by vested interests including representatives of the chlorine industry, the U.S. Chamber of Commerce, the chemical manufacturers’ American Chemistry Council and the oil industry’s American Petroleum Institute. If all the planets align, a proposed rule announced by the EPA on April 5, 2022 to outlaw the use of chrysotile asbestos in the US could become final by late 2023. See: The EPA’s Ongoing Battle to Ban Asbestos.
Philadelphia High Schools Shut
Mar 15, 2023
Two days after a Philadelphia High School was closed because of asbestos contamination this month (March 2023), another high school in West Oak Lane was closed when asbestos material was found in the auditorium balcony and on two stairwells. A letter sent to parents by the Superintendent of the School District of Philadelphia Tony Watlington admitted that “records indicate asbestos damage has existed in the auditorium since June 2021, and possibly longer.” Plans to relocate the students to an alternative facility failed when only 22 out of 390 pupils showed up for lessons at the new location; the others resorted to virtual schooling. See: Philadelphia students kept in asbestos-ridden school for over two years.
Asbestos Bankruptcies under Scrutiny
Mar 14, 2023
After the Philadelphia-based Third Circuit Court of Appeals on January 30, 2023 ruled against the use of the legal stratagem known as the “Texas Two-Step” by Johnson & Johnson (J&J) to offload asbestos liabilities, new challenges are being launched by lawyers working on behalf of asbestos victims whose claims against asbestos defendants had been put on indefinite hold, with the Court’s opinion being cited. Writing the verdict issued by the Court of Appeals, Judge Thomas Ambro noted: “Good intentions – such as to protect the J&J brand or comprehensively resolve litigation – do not suffice alone,” to warrant bankruptcy. See: Asbestos Bankruptcies Facing Fresh Challenges After J&J Ruling.
Toxic Talc!
Mar 10, 2023
Another US case over exposures to asbestos-containing talc cosmetic products ended with a plaintiff’s victory in a South Carolina court on March 3, 2023. Mesothelioma sufferer Sarah Plant was awarded $29.14 million when the jury ruled on the guilt of talc supplier Whittaker Clark & Daniels. Since the proceedings began other defendants, including cosmetics company Mary Kay and makeup pigment company Color Techniques, had entered into confidential settlements with the plaintiff. See: Jury Awards $29M+ Cosmetic Talc Asbestos Verdict.
Asbestos in Schools
Mar 9, 2023
The discovery of asbestos in a 1915 Philadelphia high school, which was reported on March 4, 2023, led to the student body being relocated the following week to an alternative site: the fourth floor of the Strawberry Mansion High School. The contamination in Building 21 Philadelphia was identified following a routine inspection; following which, the school building was temporarily shut. Commenting on the state of the city’s schools, President of the Philadelphia Federation of Teachers Jerry Jordan said: “It is reprehensible that so many of our buildings are over 100 years old and have been neglected because there was not enough money in the budget to maintain them.” See: Philadelphia students move to new high school after asbestos scare.
Paying the Price for Toxic Talc
Feb 27, 2023
In a February 21, 2023 press release, US Congressman Steve Cohen announced that he had written to the US Comptroller General Gene L. Dodaro of the Government Accountability Office to ask for a review of the federal government’s costs associated with treating patients who had become ill after using asbestos-contaminated Johnson & Johnson (J&J) baby powder: “Through our funding for health care, the federal government subsidized J&J by paying for the consequences of their misconduct…Since the 1970s, J&J has known its iconic baby powder contained asbestos.” See: Congressman Cohen Seeks GAO Review of Costs of Treating Patients Harmed by Johnson & Johnson Baby Powder.
Ongoing Fight to Ban Asbestos
Feb 22, 2023
Efforts under the Biden Administration to protect Americans from toxic exposures to asbestos have hit the buffers, according to the article cited below from the Washington Post. Legal questions, political in-fighting and bureaucratic delays are hampering efforts by the Environmental Protection Agency (EPA) to outlaw the use of chrysolite (white) asbestos. The EPA is facing stiff opposition from vested interests including the US Chamber of Commerce, the chemical manufacturers’ American Chemistry Council and the oil industry’s American Petroleum Institute. See: EPA struggles to ban asbestos, other chemicals years after Congress granted new powers.
Bestbell Bankruptcy: A Fraud?
Feb 20, 2023
On February 17, 2023, cancer patient Wilson Buckingham petitioned a bankruptcy court in the Western District of North Carolina to dismiss a proposal to allow Bestbell, a subsidiary of US asbestos defendant Georgia-Pacific, to enter into a state of bankruptcy. Like thousands of other cancer victims, the lawsuit brought by mesothelioma sufferer Wilson Buckingham was put on hold pending the outcome of Bestbell’s bankruptcy proceedings. Buckingham’s lawyers said that the bankruptcy served “no purpose other than to prevent asbestos-related lawsuits from proceeding…” See: Cancer patient asks court to end Georgia-Pacific asbestos bankruptcy.
Update: J&J Talc Litigation
Feb 16, 2023
Following an Appeals Court rejection of bankruptcy plans by Johnson & Johnson (J&J) to offload its asbestos liabilities, US District Judge Michael Shipp has been appointed to take over toxic talc litigation against J&J; Chief District Judge Freda Wolfson, who had formerly supervised these proceedings, retired on February 1. Thirty-eight thousand cases brought over alleged asbestos contamination of J&J’s talc-based baby powder had been on hold since October 2021, due to bankruptcy filings which have now been disallowed. See: Thousands of J&J talc lawsuits in New Jersey get new judge.
Rubber Workers’ Victory in Talc Litigation
Feb 13, 2023
For decades. personal injury claims for asbestos-injured workers against their former employer B.F. Goodrich Co. and its suppliers were lost as a result of a catalogue of lies. A $60 million settlement has been reached for 3,800 Akron, Ohio rubber workers and their heirs with Eastern Magnesia Talc, the biggest supplier of talc or soapstone to US rubber companies from the 1950s to the early 1980s. Claimants will receive between $4,000 and $300,000. According to plaintiffs’ lawyer Tom Bevan: “What we’re doing now is correcting an injustice that occurred as many as 30 years ago…Unfortunately, these people haven’t survived to see the money, but it should go to their children or heirs.” See: ‘Correcting an injustice’: How one company's lies killed thousands of Akron rubber workers
Toxic Talc Battle
Feb 2, 2023
On January 30, 2023, a three-judge panel of the US Court of Appeals 3rd Circuit rejected Johnson & Johnson’s (J&J) latest attempt to off-load tens of thousands of asbestos cases by filing a contentious bankruptcy. In its 56-page verdict, the judges wrote: “LTL (the subsidiary into which the asbestos claims were dumped), at the time of its (bankruptcy) filing, was highly solvent with access to cash to meet comfortably its liabilities.” The personal injury claims were made by people who alleged that the cancers they contracted had been caused by use of J&J’s asbestos-contaminated talc-based baby powder. See: U.S. court rejects J&J bankruptcy strategy for thousands of talc lawsuits.
Insurers Accused of Delaying Tactics
Jan 27, 2023
The Zurich American Insurance Company has been accused of needlessly dragging out the judicial process in order to force asbestos plaintiff Ralph Hutt to settle his claim. Some weeks ago, mesothelioma sufferer Hutt was awarded $36.5 million by a Montana jury which had accepted his claim against Zurich, the current owner of the Maryland Casualty Company. The insurer had, the jury found, failed to protect miners from hazardous exposures at the vermiculite mine in Libby, Montana. According to Hutt’s lawsuit against Zurich: “It is profitable for Zurich to breach its claim settlement duties and thereby increase the time over which it can generate income on money owed…” See: Lawsuit claims insurance company deliberately stalling in Libby asbestos cases.
Corporate Profits Trump Victims’ Claims
Jan 23, 2023
Strategems used by American corporations to offload financial liabilities continue to insulate insurers and manufacturers from asbestos claims. Koch Industries, an industrial conglomerate, received almost $2.5 billion in dividend payments in 2022 from its unit Georgia-Pacific, which had dumped its asbestos liabilities into a subsidiary (Bestwell) that filed for bankruptcy in a North Carolina court just three months after it had been set up. Thousands of asbestos lawsuits had been filed against Georgia-Pacific accusing the company and its executives of concealing knowledge about the hazard posed by asbestos contained in its building products. See: Koch gets $2.5 bln in dividends from unit that offloaded asbestos liability.
Asbestos Settlement for Libby Crimes?
Jan 11, 2023
On January 10, Governor of the US State of Montana Greg Gianforte announced that the State had been offered $18.5 million to settle claims over asbestos contamination caused by the operations of the vermiculite mine owned by W.R. Grace in the town of Libby. Environmental pollution occurred from the time mining started in 1963 until it ceased in 1990. A clean-up program carried out by the Environmental Protection Agency cost $600 million; in 2008, the company agreed to pay $250 million towards the cost of the decontamination work. See: W.R. Grace offers $18.5M to settle Montana asbestos claims.
Victim’s Verdict Upheld in Montana
Jan 11, 2023
A jury decision awarding 36.5 million dollars to asbestos plaintiff Ralph V. Hutt was upheld by Montana Judge John W. Parker of Cascade County District Court. Defendant Maryland Casualty Company had, the jurors found, conspired with the Libby-based mining company W.R. Grace to conceal the extent of the hazard posed by the mining of asbestos-contaminated vermiculite. Judge Parker said the insurance company’s actions were so atrocious that it’s behaviour could have been grounds for an even higher monetary award. See: Cascade County judge upholds jury’s $36.5M decision in asbestos case.
Toxic Talc
Jan 4, 2023
In December 2022, a California jury issued a plaintiffs’ verdict in a case brought against cosmetics giant Avon, now owned by Natura & Co, over the fatal asbestos cancer contracted by Los Angeles resident Rita-Ann Chapman. Mrs. Chapman, who began using Avon body and face powders aged 8, was awarded $40.8 million in actual damages and a further $11.3 million in punitive damages after jurors found that the company had acted with “malice, oppression or fraud” in hiding the health risks associated with the use of these products. Avon’s lawyers announced plans to appeal the verdict; this is the first such case Avon has lost in the US. See: California Jury Awards Woman $52.1 Million in Mesothelioma Case Against Avon.
Chlorine Production and Asbestos Deaths
Dec 9, 2022
The photographic essay cited below was a damning indictment of the behaviour of US chlorine producers Olin and OxyChem which negligently exposed workers to asbestos and other hazardous substances over many decades. For the first time, workers have broken their silence about the reality of working in plants belonging to these companies. Their accounts of routine toxic exposures are in direct contradiction to the continued reassurances provided by the corporations to US government agencies. Efforts by the Environmental Protection Agency to ban asbestos have repeatedly been blocked by lobbyists representing the chlorine industry. See: Factory workers across the U.S. say they were exposed to asbestos on the job.
OxyChem’s Asbestos Crimes
Oct 26, 2022
In a follow-up article to a devastating exposé on the legacy created by the operations of a chlorine plant owned by the OxyChem company (see: They inhaled asbestos for decades on the job. Now, workers break their silence), the environmental and human consequences of toxic fallout from an OxyChem plastics factory have been revealed. Whilst chrysotile (white) asbestos was used in the chlorine production, crocidolite (blue) asbestos was used at the plastics factory. Both fibers are deadly. See: Lawsuits: A Factory Blew Asbestos Into a Neighborhood; Decades Later, Residents Are Getting Sick and Dying.
Déjà vu, Again!
Oct 24, 2022
The residents of the Montana town of Libby know all about the deadly repercussions of mining operations. Thousands of residents as well as workers have paid with their health and even their lives for the profits of the vermiculite mining company: W R Grace. Grace employees liberated asbestos fibers as a consequence of their production processes; these toxic fibers wreaked havoc on the people of Libby who contracted a variety of deadly asbestos-related cancers and diseases. The latest health alert in Libby is over selenium in the runoff from coal mines in British Colombia, 125 miles away, which could end up in U.S. lakes and rivers. See: Doubts Downstream.
Asbestos Reality in Chlorine Plant
Oct 21, 2022
The 2021 closure of the chlorine plant in Niagara Falls, owned by the OxyChem company, has emboldened many of the former workers to speak out about the horrific conditions they endured. The narratives, which were collected from scores of workers described the ever-present asbestos dust and lack of effective protective measures, shocked experts who reacted with comments such as “totally unacceptable”; “fraught with danger”; “it sounds like something that maybe would happen in the 1940s or the 1950s.” Even now OxyChem and Olin are contesting efforts by the US government to ban imports of asbestos, claiming it would drastically impact on their companies’ profitability. See: They inhaled asbestos for decades on the job. Now, workers break their silence.
Mesothelioma Update
Oct 3, 2022
On September 29, 2022, it was announced that the Federal Drugs Administration – the US agency responsible for protecting public health by ensuring the safety of medicines and biological products and the safety of the nation's food etc. – had granted orphan drug designation to SynKIR-110, a type of T-cell therapy, for the treatment of a type of mesothelioma. Preclinical studies had shown that SynKIR-110 could produce remissions in mouse models of glioblastoma and mesothelioma. See: FDA grants orphan drug designation to CAR-T for mesothelioma.
Holding Johnson & Johnson to Account
Sep 26, 2022
On September 19, 2022, a three-judge panel of the United States Court of Appeals for the Third Circuit in Philadelphia heard arguments that Johnson and Johnson (J&J) had callously dumped 40,000 cancer cases, claiming potential bankruptcy, despite the fact that it was one of the country’s biggest companies. The claimants – the majority were women – accused J&J of selling baby powder contaminated with asbestos fibers. It is not known when the court ruling will be handed down; any verdict is likely to be appealed to the Supreme Court. See: J&J tried to block lawsuits from 40,000 cancer patients. A court wants answers.
Exposé: Johnson & Johnson
Sep 14, 2022
A detailed analysis of the history and strategies of the US pharmaceutical giant Johnson & Johnson (J&J) was published in the September 12, 2022 issue of the New Yorker magazine. The text by journalist Casey Cept was methodical as well as comprehensive in its description of how this national brand exploited consumers’ trust whilst promoting the company’s iconic baby powder despite the presence of asbestos fibers. J&J made full use of loopholes in government oversight to avoid regulation and exploited judicial stratagems to freeze claims by US cancer victims. It is a sorry tale but one exceedingly well told. See: Johnson & Johnson & New War on Consumer Protection.
Asbestos-Containing Sediment Hazard
Aug 23 2022
On August 22, 2022, construction will begin on a major project to dam the source of asbestos-containing sediment in the Sumas Mountains which is released into a creek in East Whatcom County, Washington State. One hundred thousand cubic yards of toxic sediment winds up in Swift Creek and from there flows into the Sumas River. In July 2022, the Department of Environment issued a warning about the hazard: “Avoid walking, driving, cycling, riding horses, or disturbing the riverbed or dredge piles along Swift Creek and Sumas River, or where flooding may have left deposits… When disturbed, asbestos fibers in the dry sediments can become airborne. Airborne asbestos can be inhaled and potentially cause health problems.” See: Construction on asbestos-filled creek in Whatcom to begin next week.
Corporation Dumps Cancer Claims
Aug 18, 2022
On August 16, 2022, it was announced that yet another US asbestos defendant had dumped its asbestos-liabilities to avoid thousands of claims from cancer victims, with the divestment by Crane Holdings of the wholly-owned subsidiary Redco Corporation. All Crane’s liabilities, including asbestos liabilities, had been transferred to Redco which has been bought by Spruce Lake Liability Management Holdco LLC. According to a press release issued by the company: the “Transaction permanently removes all asbestos related liabilities and obligations from Crane’s balance sheet.” See: Crane Holdings to divest legacy asbestos liabilities.
Johnson & Johnson U-Turn
Aug 16, 2022
In a major reversal of corporate policy on August 11, 2022, Johnson & Johnson – the multinational pharmaceutical – announced it planned to withdraw its iconic talc-based baby powder from all global markets in 2023. The presence of asbestos in the product has led to nearly 40,000 legal claims from cancer victims as a result of which it was withdrawn from sale in North America in 2020. Groups representing asbestos victims, women, consumers and investor-activists had all called for sales of the product to be stopped as a matter of public health in all markets. See: Johnson & Johnson to replace talc-based powder with cornstarch.
Asbestos Clean-up in New York
Aug 16, 2022
In an August 12, 2022 news release by the Environmental Protection Agency, it was announced that an agreement had been reached to remediate asbestos waste piles at the former TechCity site – a location once used by the IBM company to manufacture computers – in Ulster County, New York to preserve public health and turn “formerly contaminated land into a boost for the local economy.” According to the agreement, the developer iPark87, LLC “will remove asbestos from the interior of Building 1, remove three large debris piles containing asbestos… and dispose of the waste off-site at an EPA-approved landfill.” No public funding will be used to decontaminate the site. See: EPA and Senator Schumer Mark Recent Settlement to Remove Asbestos Piles from TechCity Site in Ulster County, New York.
New EPA Asbestos Discovery in Dallas
Jul 26, 2022
According to the US Environmental Protection Agency (EPA), asbestos fibers found in soil samples from yards near the former site of the Texas Vermiculite Company were the result of the company’s manufacturing operations from 1953 to 1992. Although the plant was decontaminated, no testing or remediation had ever been done in the West Dallas properties near the former W.R. Grace vermiculite processing plant. Between 1967 and 1992, nearly 400,000 tons of vermiculite ore from Libby, Montana was used at the plant. Many of the workers and residents of Libby have contracted asbestos-related diseases. See: EPA Finds Asbestos in the Soil Near the Former W.R. Grace Plant in West Dallas.
Rebranding by Johnson & Johnson
Jul 26, 2022
Having withdrawn its talc-based baby powder from North American markets – it remains on sale elsewhere – in 2020, Johnson and Johnson (J&J) has launched a new range of baby care products: Vivvi & Bloom. Marketed under this brand are body wash and shampoo, body lotion and a massage oil. The 34,000 cancer claims against J&J arising from the asbestos fibers allegedly contained in its iconic baby powder remain in limbo due to the use of contentious legal instruments via which J&J dumped its asbestos liabilities into a company which was immediately put into bankruptcy. See: J&J launches new baby care brand amid ongoing asbestos controversy.
Support for Immediate Asbestos Ban
Jul 22, 2022
A July 20th blog by the Environmental Defense Fund (EDF), based on its 39-page submission to the Environment Protection Agency (EPA) over plans to finally end the use of chrysotile (white) asbestos in the US, encouraged the EPA to act more decisively by: banning asbestos within 6 months, securing workers the same protections from asbestos exposures as would be provided for members of the public, “not consider costs or other non-risk factors in risk evaluations,” etc. See: EPA Takes Important Step to Ban Chrysotile Asbestos.
Asbestos Antiques?
Jul 21, 2022
Controversy is rife over the sale by the New York auction house Sotheby’s of two refectory tables by the 20th century French designer Jean Prouvé which contained asbestos material. The tables, topped with a type of sheetrock, were made from Granipoli concrete which is a mixture of cement and asbestos. The first 1939 table was sold in December 2021 for $988,000 whilst the second was sold in June 2022 for $1.6m. Antiques dealer Jonathan O’Hea raised the alarm when he read that the piece was made of “fibrated Granipoli concrete.” See: Sotheby’s Sold a Jean Prouvé Table for $1.6 Million Last Month—But Didn’t Mention It Might Contain Asbestos.
Twelve States for Asbestos Ban
Jul 18, 2022
A letter dated July 13, 2022 was sent by a coalition of Attorney Generals (AGs) from 12 states to the Administrator of the Environmental Protection Agency Michael Regan calling for an immediate and total ban on the use of the remaining types of asbestos still used in the US. Commenting on the AGs’ action, California’s AG Rob Bonta said: “Public health and the integrity of our communities go hand in hand. This isn’t something that’s up for debate: Asbestos harms people, it weakens communities, and puts at risk the lives of those who come into contact with it… we are urging EPA to do all it can to better protect the public from the dangers of asbestos.” See: Attorney General Bonta Calls for Stronger Protections Against Toxic Asbestos.
Ban Asbestos NOW!
Jul 14, 2022
In a commentary uploaded on July 12, 2022, the North American coalition of Public Interest Research Groups (P.I.R.G.) called on the US Government to follow the lead of 70 other countries and implement a comprehensive and immediate ban on the use of asbestos. In it’s commentary, the P.I.R.G. noted that: “There is overwhelming evidence that there is no safe level of exposure to asbestos” and that “asbestos exposure contributes to thousands of Americans dying from asbestos-related illness and disease each year.” See: UPDATE: 9,227 comments submitted urging EPA to ban deadly asbestos.Jul 14, 2022
EPA Asbestos Action
Jul 13, 2022
On June 29, 2022, a notice was published in the Federal Register regarding the Environmental Protection Agency’s (EPA) evaluation of the health hazards posed by legacy uses and disposal of asbestos in the US. Subjects covered in Asbestos Part 2 included: the conditions of use, hazards, exposures and at-risk populations. According to an EPA spokesperson, the document will be finalized no later than December 1, 2024. As of now, there is no ban on the use of asbestos in the US. See: Asbestos Part 2 Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos; Final Scope of the Risk Evaluation To Be Conducted Under the Toxic Substances Control Act; Notice of Availability.
Occupational Asbestos Exposures: Update
Jun 23, 2022
A commentary on the website of the Environmental Defense Fund, a US environmental advocacy group, highlighted, the disconnect between government policies to safeguard the health of the general public and workers. The text cited below focused on proposed rules by the Environmental Protection Agency (EPA) which would permit “a risk level to workers 100 times less protective than for everyone else!” As far as the EPA is concerned, there is a “higher acceptable cancer risk for workers than the rest of the population.” See: Workers are people too; EPA should treat them that way.
Johnson & Johnson Decried
Jun 23, 2022
It comes to something when a pro-industry advocacy organization – The American Council on Science and Health – widely acknowledged for its bias in favor of industry, condemns the American pharmaceutical giant Johnson and Johnson (J&J). In an article on its website, J&J’s use of the “Texas two-step” to deprive dying cancer victims of compensation was soundly condemned as a gross betrayal of the company’s mission statement to “put the interests of ‘mothers and fathers and all others who use our products and services’ above those of shareholders.” See: Thinking Out Loud: The Texas Two-Step.
Loopholes Denying Justice to Cancer Plaintiffs
Jun 20, 2022
A 28-minute Behind the Money podcast broadcast on June 15, 2022 which was entitled “Inside Johnson & Johnson’s Bankruptcy two-step” told the story of American couple Val and Holly Johnson who on May 5, 2020 decided to sue Johnson & Johnson, alleging that the company’s negligence had led to Val contracting the deadly cancer mesothelioma. According to the Johnsons, the company had sold asbestos-containing talc-based baby powder knowing that this contamination could cause consumers to contract cancer. On October 5, 2020, a jury awarded 61-year old Val $27 million, finding J&J guilty of “malice or fraud… as well as negligence.” Due to financial machinations by the company, it now looks unlikely that he or his wife will ever see a penny. See: Inside Johnson & Johnson’s bankruptcy two-step.
Serpentine: California Resource and Hazard
Jun 20, 2022
Serpentine rock, found in northern and central California, can contain chrysotile (white) asbestos fibers. Oddly enough, Serpentine is the state mineral of California. Although, California’s Air Resources Board acted in 1990 to minimize hazardous exposures, the use of crushed Serpentine as a road surfacing material, liberated and continues to liberate toxic fibers as did the development of new housing in El Dorado Hills, a suburb of Sacramento where deposits of naturally occurring Serpentine rock were bulldozed and reused. Monitoring of asbestos fiber levels in El Dorado Hills identified contamination in the air, soil, and water. See: Environmental Asbestos Risks in California.
Congressional Hearing on Asbestos Ban
Jun 13, 2022
On June 9, 2022, invited speakers addressed members of the Senate Committee on Environment and Public Works at a hearing to gather evidence regarding pending proposals to prohibit the use in the US of all types of asbestos fiber and all types of products containing asbestos fiber. Amongst those giving evidence on bill S. 4244 were experts representing asbestos victims and trade unions, medical experts, and spokespersons from commercial interests. The draft legislation was introduced by Senator Jeff Merkley and Representative Suzanne Bonamici. See: A Legislative Hearing on S. 4244, Legislation to Prohibit the Manufacture, Processing, and Distribution in Commerce of Asbestos.
The Polluter Pays in North Carolina
Jun 10, 2022
On June 8, 2022, the US department of Justice issued a press release announcing that a settlement had been reached following legal action begun in 2019 under the Superfund Law by the Federal Government to recoup the costs of removing 4,000 tons of asbestos-contaminated debris at two Superfund Sites in North Carolina. The sum of $1.25 million will be repaid to the Government by Fred D. Godley Jr. and his companies 436 Cone Avenue LLC and F.D. Godley Number Three LLC. Commenting on the outcome, EPA Region 4 Administrator Daniel Blackman said: “EPA is committed to protecting communities by enforcing an individual’s obligations to properly manage and dispose of hazardous waste.” See: Fred D. Godley Jr. and Companies to Pay $1.25 Million for Asbestos Cleanup.
Asbestos Ban Bill
May 23 2022
A May 18, 2022, press release by U.S. Senator Jeff Merkley, who represents the state of Oregon, announced the tabling of Congressional legislation to prohibit the manufacture, processing, use, and distribution in commerce of all types of commercial asbestos. In his statement, the Senator said: “We’ve known for generations that asbestos is lethal… Other developed nations have already acted to protect their citizens from this deadly substance by banning asbestos. Why has America not done the same?” See: Merkley, Bonamici Introduce Bicameral Legislation to Ban Asbestos and Save Lives.
America’s Toxic Industrial Legacy
May 18, 2022
The investigative piece cited below explored in some depth the deadly consequences of employment in tire-industry jobs in the heartland of the USA. A cocktail of deadly exposures was part of the workplace experience of employees at the Goodyear Tire & Rubber Co. factory in Akron, Ohio. Amongst the most toxic materials used in the workplace were asbestos and benzene. According to veteran asbestos litigator Thomas W. Bevan, in the beginning Goodyear denied using asbestos, saying: “We’re a tire company; we don’t use asbestos!” despite the fact they had an asbestos department at the plant. See: It was the Rubber Capital of the World. The health consequences linger.
Glimmer of Hope for J&J Victims
May 16, 2022
On May 11, 2022, the Third U.S. Circuit Court of Appeals announced plans to reconsider contentious measures implemented by the American pharmaceutical giant Johnson & Johnson (J&J) to put into bankruptcy a purpose-built subsidiary in order to freeze almost 40,000 cancer claims against the parent company. The litigation put on hold concerned the sale of talc-based baby powder containing asbestos fibers to American consumers. The appeal will revaluate a February 2022 ruling by Judge Michael Kaplan from a federal bankruptcy court in Trenton, New Jersey. See: Not so fast on Johnson & Johnson's Texas Two-Step strategy as appeals court says it'll take another look.
Official: 25% Rise in Asbestos Mortality
May 13, 2022
Data from the U.S. Centers for Disease Control (CDC) has been released which confirmed that over the last 20 years there has been a 25% increase in the number of women dying in the U.S. from the signature asbestos cancer, mesothelioma. Between,1999 to 2020, 12,227 females aged 25 and up died from mesothelioma; the majority were older than 55. The states with the highest female mesothelioma death rates were: Louisiana, Maine, Minnesota, Montana, Oregon, Washington, and Wisconsin, according to a report in Morbidity and Mortality Weekly Report
See: CDC: Mesothelioma Deaths Up Among Women.
Draft Measures to Monitor Asbestos Imports
May 6, 2022
A proposal published on May 5, 2022 by the Environmental Protection Agency (EPA) set out in 80 pages draft guidance for asbestos-importing companies to inform the EPA about the amounts and uses of all asbestos and asbestos material brought into the USA as per Section 8 of the Toxic Substances Control Act (TSCA). The proposed measures are intended to address a loophole recognized by US District Judge Edward Chen who ruled in 2021 that the Agency had not fulfilled its “obligation to collect reasonably available information to inform and facilitate its regulatory obligations under TSCA.” See: Reporting and Recordkeeping Requirements under the Toxic Substances Control Act: Asbestos.
Update: Mesothelioma Research
May 6, 2022
In a paper just published by a team of researchers from the University of Hawaii’s Cancer Center, recommendations were made for the treatment of people with the signature asbestos cancer, mesothelioma. According to the lead author Dr. Michael Carbone: “The paper will help physicians in the U.S. and abroad to understand the unique aspects of mesothelioma in carriers of genetic BAP1 mutations. This will help them take better care of their patients and family members who may have inherited the defective BAP1 gene.” See: Life-saving new approaches for mesothelioma cancer recommended.
Chlorine Producers Attack Asbestos Ban
May 4, 2022
A thoughtful commentary on actions being taken by US vested interests to contest plans by the Biden Administration to ban the use of asbestos in the US highlighted arguments advanced by trade associations and chlorine producers which say that the prohibitions would not only threaten thousands of jobs but also cause a shortage of drinking water. In evidence submitted to the EPA on behalf of the U.S. Chamber of Commerce, Martin J. Durbin urged the “EPA to reconsider the specific condition of use of the chemical substance [chrysotile asbestos] and the drastic impact it would have on drinking and wastewater systems.” See: Chemical industry fights U.S. government move to ban asbestos.
Toxic Talc, Toxic Shareholders
May 3, 2022
Shareholders attending the virtual Annual General Meeting of the US pharmaceutical giant Johnson & Johnson (J&J) on April 28, 2022 considered a raft of resolutions including one which called on J&J to withdraw the sale of asbestos-containing talc-based baby powder not only from North America but also from markets around the world. Despite the urging of campaigners representing groups endangered by these double standards and ethical investors such as Glass Lewis which called on J&J to stop “all sales of talc-based baby powder … outside North America,” resolution 10 was defeated with one observer remarking: “This is no longer a political or legal or consumer problem…This is a shareholder problem.” See [subscription site]: Johnson & Johnson investors reject proposal to end global talc sales.
Johnson & Johnson
Apr 22, 2022
Shareholders of Johnson & Johnson (J&J) who meet on April 28, 2022 for the company’s Annual Meeting will be asked to consider a resolution entitled: Discontinue Global Sales of Baby Powder Containing Talc which calls on the company “to halt the sale of its talc-based Baby Powder globally to protect women and marginalized communities across the globe.” This resolution was proposed by Tulipshare Ltd., an activist-investor platform based in London, in support of worldwide condemnation of J&J’s hypocritical marketing strategy whereby toxic talc-based baby powder has been withdrawn from North America but remains on sale elsewhere. See: Johnson & Johnson Notice of Annual Meeting & Proxy Statement.
EPA Asbestos Ban: Review
Apr 19, 2022
The ubiquity of asbestos-containing products throughout the United States remains a potent human hazard despite steps by the Biden administration to outlaw future use of chrysotile (white) asbestos. Scientists, medical experts and campaigners decried a draft ban by the Environmental Protection Agency (EPA) as insufficient and inadequate in light of historic use of asbestos products which have become part of the national infrastructure. According to the author of the article cited below: “The agency is expected to look at legacy uses in the future, but it could be years before potential risks are assessed, let alone addressed.” See: Despite new regulations, US faces major asbestos problem.
Claimant’s Ruling for J&J Victim
Apr 14, 2022
On April 12, 2022, U.S. Bankruptcy Judge Michael Kaplan ruled that despite bankruptcy proceedings freezing asbestos claims against Johnson & Johnson (J&J), a lawsuit could proceed on behalf of the family of a deceased plaintiff who had sued the company in 1986. The plaintiff dropped his lawsuit when J&J produced evidence showing that no tests had been done which showed that J&J talc contained asbestos. This was a lie. Because of the falsehoods told by the company, the case can proceed. J&J said it “will defend the case if it proceeds.” See: Johnson & Johnson Can’t Block Lawsuit Claiming It Lied About Asbestos in Talc.
Asbestos Hazard at California Prison
Apr 11, 2022
In early 2022, trade union officials issued complaints to US authorities over multiple failings at a Federal Correctional Institution in Dublin California that included the existence of deteriorating asbestos-containing products throughout the facility. Their complaints have been found to be accurate by a government watchdog. As a result, the U.S. Office of Special Counsel has requested that Attorney General Merrick Garland undertake an investigation and report back within 60 days. According to Emery Nelson, spokesman for the Bureau of Prisons: “All safety concerns reported by staff are being addressed.” See: Feds Accused of Ignoring Asbestos, Mold at Women's Prison.
J&J Condemned by Grieving Mother
Apr 6, 2022
The tragic case of Hannah Wilt, who died on February 14, 2022 at the age of 27 from the asbestos cancer mesothelioma, was the focus of the article cited below, which explored the means put in place by Johnson and Johnson to avoid paying compensation to people injured by exposures to asbestos fibers contained in their talc-based baby powder. The fact that one of the wealthiest corporations in the US had dodged claims from dying plaintiffs was described as “heartless” and “ruthless” by Hanah’s Mother who said: “It's disgusting that for monetary gain they will stop at nothing.” See: Rich companies are using a quiet tactic to block lawsuits: bankruptcy.
Mesothelioma Causation: Update
Apr 4, 2022
The results of research by American scientists could pave the way for a better understanding of how mesothelioma, the signature cancer associated with asbestos exposure, is caused and how it can be prevented. A research team, led by Dr. Christian Mosimann, at the Anschutz Medical Campus, University of Colorado and their international partners reported last week that in numerous mesothelioma tumors the Hand2 protein – normally dormant after the embryonic stages of life – is reactivated. This discovery could help doctors develop better treatments and therapies for mesothelioma patients. See: Study Shows Critical Protein May Play a Role in Origin of Mesothelioma.
J&J Pioneers Toxic Legal Stratagems
Mar 28, 2022
The headline of the article cited below is considered by some to be one the more insulting in recent memory as it triumphs as a victory the disenfranchisement of people dying from cancer contracted through exposure to asbestos-contaminated talc-based baby powder sold by the US pharmaceutical giant Johnson & Johnson (J&J). The author explored the ramifications of a February 2022 court decision allowing J&J to exploit a legal loophole to avoid its liabilities and considered how other defendants facing product-liability claims like 3M Co., and Dow Inc. might also dump claims to protect the corporate bottom line. See: J&J’s Victory Over Cancer Victims Clears Path for 3M, Others.
Calls for Action over Racist Policies
Mar 21, 2022
In a March 17, 2022 press release, lawyers representing African-American women with cancer claims against Johnson and Johnson called on the “Congressional Black Caucus to denounce Johnson & Johnson’s alleged exploitation of Black Americans and to close a legal loophole that allows the company to avoid properly compensating thousands of Black women who suffered ovarian cancer from the use of Johnson & Johnson’s powder products.” The lawyers said they were “shocked that Johnson & Johnson …would knowingly inflict physical, psychological, and financial harm on Black Americans not once, but three times.” See: Attorneys Ben Crump and Diandra “Fu” Debrosse Zimmermann Decry Alleged Johnson & Johnson Exploitation of Black Americans & Evasion of Responsibility.
Asbestos Pipes Caused Landslide?
Mar 18, 2022
A $5 million lawsuit has been filed in the State of Washington after a January 17, 2022 landslide endangered the lives of a Seattle family. The plaintiffs and homeowners John and Barb Surdi alleged that the town of Bellevue had been aware of and failed to warn them of the possibility that deteriorating asbestos-cement pipework could result in such a catastrophic loss. Their lawyer David Bricklin argued that the use of iron pipes would have prevented the landslide and destruction from happening. See: Family of collapsed Bellevue home files $5M claim against city, alleging failure to warn them, [and to] replace aging water pipe.
Mechanic’s Victory over the Ford Motor Co.
Mar 15, 2022
On March 10, 2022, a Missouri jury issued a plaintiff’s verdict in a cancer case brought by a former mechanic against the Ford Motor Company. William Trokey had alleged that he had contracted the fatal cancer mesothelioma having worked with toxic drum brakes produced by Ford from 1960 to 1968. The jury agreed and awarded him and his wife $20 million. In the company’s defence, Ford’s lawyers had argued that Trokey’s exposure to Ford’s products was too limited to have caused his cancer which could, they said, have been the result of other exposures. See: Ford hit with $20m in Missouri Asbestos Trial.
Activists Win Approval from US SEC
Mar 11, 2022
A resolution calling on Johnson & Johnson’s shareholders to rule on the company’s racist marketing policy will be put to a vote at the company’s upcoming annual general meeting. Although J&J banned the sale of its iconic asbestos-laced talc-based baby powder in the US and Canada in response to 38,000 cancer lawsuits, sales of this product continue elsewhere. The US Securities and Exchange Commission (SEC) supported a motion calling out these double standards by activist-investors from the platform Tulipshare whose CEO Antoine Argouges said: “Having our proposal on the ballot marks a momentous step in accountability. See: Cancerous baby powder may get the boot, thanks to Tulipshare.
Human Experimentation by J&J
Mar 11, 2022
Still reeling from the explosion of bad press over its abandonment of cancer sufferers exposed to asbestos in its baby powder, the American pharmaceutical giant Johnson and Johnson (J&J) was revealed this week to have used inmates in the US prison system as guinea pigs. The subjects, most of whom were black inmates in a Philadelphia prison, were injected with asbestos fibers “to compare the [effects of the] cancer-causing compound to talc.” Apologizing for its action J&J, nevertheless, said: “the tests did not violate research standards at the time.” See: Court docs reveal J&J’s role in prison tests comparing talc to asbestos.
Asbestos Deaths in Libby, Montana
Mar 4, 2022
Research published in this month’s issue of the American Journal of Industrial Medicine by academics regarding the cause of death of a cohort of 1,883 individuals occupationally and/or environmentally exposed to amphiboles produced during vermiculite mining operations in Libby, Montana confirmed that “Asbestos is the leading cause of mortality following both occupational and nonoccupational exposure to LA [Libby amphiboles] in those with asbestos-related disease.” See: Case-fatality study of workers and residents with radiographic asbestos disease in Libby, Montana.
NJ Verdict Disenfranchises Cancer Victims
Feb 28, 2022
On February 25, 2022, US bankruptcy judge Michael Kaplan ruled that Johnson and Johnson (J&J) could proceed with a contentious bankruptcy manoeuvre which had frozen cancer claims from 38,000 plaintiffs who alleged that their diseases had been caused by exposure to asbestos fibers in J&J’s talc-based baby powder. “The Court,” said Kaplan “remains steadfast in its belief that justice will best be served by expeditiously providing critical compensation through a court-supervised, fair, and less costly settlement trust arrangement.” During the five-day trial in New Jersey which preceded this verdict, claimants’ lawyers argued that J&J’s actions had deprived “innocent talc victims of their day in court.” See: Johnson & Johnson wins a key court battle in baby powder case.
Major Legal Victory for Libby Worker
Feb 28, 2022
A feature length article in the New York Times detailed news of a landmark verdict in the fight for asbestos justice by people in Libby, Montana who had been injured by asbestos exposures resulting from vermiculite mining operations of W.R. Grace. While W.R. Grace avoided most of its liabilities using via bankruptcy laws, Maryland Casualty Company, a workers’ compensation insurer which had “engaged in affirmative actions to conceal the asbestos exposure risk and worker injuries,” has been found guilty and ordered to pay damages of $36.5 million to asbestosis sufferer Ralph Hutt, who had worked for W.R. Grace for 18 months in 1968 and 1969. See: Ex-Worker Wins $36.5 Million From Company That Hid Asbestos Damage.
Insurer Liable as Part of Asbestos Conspiracy
Feb 22, 2022
Asbestosis sufferer Ralph Hutt won a historic victory last week when a Montana jury handed down a judgment awarding him the sum of $36.5 million in an action against the insurance company Maryland Casualty Company which had not only sold policies to W.R. Grace Co., the owners of the vermiculite mill in Libby, Montana, but had also colluded with the company to hide from employees the truth about the toxic nature of their employment. Whereas W.R. Grace Co. managed to avoid its liability to asbestos-injured workers by a convenient bankruptcy, the jury found that the insurer had had a duty as the administrator of Grace’s safety planning to warn workers of the hazards. See: Libby asbestos worker wins historic $36.5M award from Cascade County jury.
Senator Durbin Goes on the Attack!
Feb 21, 2022
In remarks to the Senate on February 15, 2022, Senator Dick Durbin castigated the US pharmaceutical giant Johnson and Johnson for lying to consumers about asbestos contamination of its iconic baby powder and for engaging in contentious financial manoeuvres which would deprive thousands of cancer victims of their day in court. Durbin did not pull his punches saying: “There’s a justice system for rich people and powerful corporations – and there’s the system for everyone else… And many days, it seems that the gulf between those two systems of justice is getting wider and deeper.” See: “They Knew There Was Asbestos In Johnson & Johnson Baby Powder:” Durbin Shreds J&J In Senate Speech.
Johnson and Johnson: New Jersey Update
Feb 16, 2022
On February 14, 2022 representatives of LTL Management, the contentious bankrupt subsidiary set up by Johnson and Johnson in which it dumped cancer claims related to the use of its asbestos contaminated talc-based baby powder, appeared in a New Jersey court to defend the bankruptcy, saying it was the best way to reach an “equitable, efficient, and consensual resolution” of 38,000+ claims. Disagreeing with this opinion, plaintiffs’ lawyer Jeffrey Jones told U.S. Bankruptcy Judge Michael Kaplan: “At its core, this case is rotten.” Judge Kaplan has scheduled a five-day trial. See:Johnson & Johnson defends talc bankruptcy strategy called ‘rotten’ by cancer plaintiffs.
Asbestos Roofing: Too Toxic for Use
Feb 15, 2022
A feature article in last week’s issue of Vents magazine, a publication established by California college students with a focus on news about Asian-American politics and popular culture, examined the subject of asbestos-cement (AC) roofing which is widespread throughout Asian countries. Having discussed the properties of asbestos and its uses, the author Shahbaz Ahmed considered evidence about the risks it posed to occupants of buildings with AC roofs before concluding: “Asbestos roofs … are quite harmful. Its risks and negative effects certainly outweigh its positives.” See: How harmful are asbestos roofs?
Ethical Investors Target Johnson and Johnson
Feb 9, 2022
An article in The Guardian newspaper on February 6, 2022, reported that a group of ethical investors had submitted an official request to Johnson and Johnson (J&J) and to the Securities and Exchange Committee for a resolution to be debated at the company’s April 2022 Annual General Meeting which called on J&J to withdraw the sale of talc-based baby powder worldwide not just in the US and Canada. The group backing this resolution is the London-based investment platform Tulipshare. To avoid liability to 40,000+ cancer victims, J&J off-loaded their claims into a separate company which was immediately put into bankruptcy. See: Johnson & Johnson faces push to force global ban on talc baby powder sales.
Exposé: Johnson & Johnson!
Feb 7, 2022
The feature length article cited below exposed the long-standing plan – code name: Project Plato – implemented in 2021 by the US pharmaceutical giant Johnson & Johnson (J&J) to circumvent 38,000+ personal injury cancer claims arising from the presence of asbestos fibers in its iconic talc-based baby powder. Even as J&J reassured courts, claimants and the stock exchange that it would defend these claims vigorously, it was proceeding with secret discussions over how best to avoid liability to dying customers. One observer said that J&J’s actions “marked a benchmark low for killer capitalism.” See: Inside Johnson & Johnson’s secret plan to cap litigation payouts to cancer victims.
Confronting One Country’s Deadly Legacy
Feb 2, 2022
An opinion piece in the February 2022 issue of the US magazine Lawyer Monthly, reviewed the country’s deplorable asbestos history and pointed out that “between 1990 and 2019, more than 1 million people in the United States were harmed or died due to asbestos-related illnesses.” Despite this deplorable statistic, asbestos use remains legal throughout the country and asbestos-containing building products, friction material and gaskets remain on sale. Efforts to ban asbestos by the Environmental Protection Agency and the Congress have, to date, failed. See: Could the United States Legally Ban Asbestos Forever?
Libby, Montana’s “Public Health Emergency”
Jan 25, 2022
A press release issued last week by the Center for Asbestos Related Disease in Libby, Montana highlighted the publication in the December 2021 issue of the American Journal of Industrial Medicine of a paper about the asbestos “public health emergency” in Libby. Between 2000 and 2010, 203 people in Libby died due to asbestos-related diseases. Sixty-seven per cent of the deceased had been occupationally exposed to asbestos whilst employed at the local vermiculite mine and elsewhere; the remainder had been environmentally exposed to asbestos fibers liberated by the mining process or used around town to build baseball fields, running tracks, etc. See: Center for Asbestos Related Disease (CARD) Article Illuminates High Levels of Asbestos Related Mortality.
Remembering Libby, Montana
Jan 24, 2022
The article cited below detailed international man-made disasters and listed the “Montana Asbestos Clouds” in fourth place after the Aberfan Colliery Slip (Wales), the Seveso Disaster (Italy) and the Chernobyl meltdown (Ukraine). The US disaster was caused by the mining of vermiculite in the town of Libby, Montana during the 20th century as a result of which asbestos contamination spread throughout the town exposing not only miners but also other employees and local people to invisible fibers capable of causing various cancers and diseases. The scale of the disaster, with almost 10% of the townsfolk dying from asbestos-related diseases, led to a massive and protracted clean-up operation by the Environmental Protection Agency. See: 10 of the world’s biggest man-made disasters.
Toxic Legacy of 9/11 Attacks
Jan 24, 2022
The Italian language article cited below explored the deadly legacy posed by asbestos contamination of national infrastructures. The subject was timely because of the ongoing criminal case against the Swiss asbestos billionaire Stephen Schmidheiny who is charged with causing hundreds of deaths of Italian workers and local people. The author of this article cited data from the 2001 attack on the World Trade Center during which clouds of toxic dust – including asbestos – spread throughout Manhattan. The first known fatality linked to the attack was that of first responder Nick Ursta. He died from the asbestos cancer mesothelioma in 2019. See: La nube di polvere post Torri Gemelle? «Era amianto» [The dust cloud after the Twin Towers? “It was asbestos”].
New US Asbestos Testing Protocols?
Jan 17, 2022
On January 13, 2022, the U.S. Food and Drug Administration (FDA) released a white paper on the state-of-the-art of scientific testing for asbestos contamination of talc-containing cosmetics and talc intended for use in cosmetics; the text was a collaborative effort and was produced by the Interagency Working Group on Asbestos in Consumer Products. The paper’s authors made several recommendations including using both Polarized Light Microscopy (PLM) and Transmission Electron Microscopy (TEM) to identify the presence of asbestos. The paper is currently being peer reviewed. See: FDA Releases Federal Interagency Working Group Scientific Opinions on Testing Methods for Asbestos in Talc-Containing Cosmetic Products.
Johnson & Johnson Update
Jan 17, 2022
On January 11, 2022, Chief US District Judge Freda Wolfson – a New Jersey federal judge – denied a request from claimants suing Johnson and Johnson (J&J) who had asked the Court for permission to bypass bankruptcy protections put in place to shield the pharmaceutical giant from personal injury claims, including some from dying cancer plaintiffs. Wolfson. who did not say why she declined to decide the matter, said she would explain her reasons within twenty days. There are estimated to be 38,000 claims against J&J arising from asbestos contamination of its baby powder. These claims were put into a new entity in 2021 which was then put into bankruptcy. See: J&J talc judge says legal shield dispute is for bankruptcy court.
Alleged Contamination of Cosmetics
Jan 13, 2022
A California NGO, Environmental Health Advocates (EHA), has launched a lawsuit in the Oakland Superior Court against suppliers of cosmetic products – eyeshadow and blushers – which were contaminated with asbestos fibers. The supplier B2 Fashions is accused of failing to inform the public of the presence of asbestos, a known carcinogen. EHA argues that “no customers would voluntarily apply asbestos-laced cosmetics to their faces if they knew such a decision could result in a cancer diagnosis.” Despite the company receiving a 60-notice alerting them to the contamination, there had been no recall and the toxic products had remained on sale. See: Entorno Law Files Lawsuit Against B2 Fashions, Inc. For Asbestos In Eyeshadow & Blush Palette.
EPA Asbestos Evaluation: Part II
Jan 7, 2022
On December 29, 2021, the US Environmental Protection Agency (EPA) made public its Draft Scope of the Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos (Draft Scope) for the evaluation of asbestos issues excluded from Part 1 such as legacy uses, associated disposals and the hazard posed by asbestos fibers found in talc and talc-containing products. Evidence can be submitted to the EPA during the public consultation until February 14, 2022. See: EPA Publishes Draft Scope of the Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos.
Johnson & Johnson’s Toxic Powder
Dec 22, 2021
On December 17, 2021, Democratic Senators and members of the House of Representatives wrote to the incoming CEO of Johnson & Johnson (J&J) Joaquin Duato to denounce the company’s financial manoeuvrings to off-load 38,000 claims from people who allege they had contracted asbestos cancer as a result of using J&J’s talc-based baby powder. “We write today,” the letter said “to inquire if you, as incoming CEO, will continue Johnson & Johnson’s current efforts to avoid accountability to cancer victims, or if you will reverse course. Your response will help inform the direction of our oversight and legislative response to this important issue.” See: Durbin, Senate and House Dems: Will Johnson & Johnson Continue To Avoid Accountability To Cancer Victims?
Multimillion Dollar Mesothelioma Verdict
Dec 17, 2021
In a unanimous jury verdict, a court in King County, Washington was told that retired teacher George Kraemer had contracted the asbestos cancer mesothelioma from exposure to asbestos fibers brought home on his father’s work clothes nearly 80 years ago. Mr. Kraemer was awarded $10,000,000 against Lone Star Industries, the company which had taken over Pioneer Sand & Gravel, the supplier of asbestos insulation to the Todd Shipyard which had, in the early 1940s, built destroyers for use by the American Navy during WW II. Kraemer's father had worked as an insulator at the shipyard. See: East Wenatchee Retired Teacher Wins $10 million Judgment in Asbestos Case.
Controversy over Asbestos-cement Water Pipes
Dec 10, 2021
The commentary cited below about contamination of the water delivery system in the small New York town of Altamont references a November 2, 2021 amendment to the NY Constitution’s Bill of Rights which said: “Each person shall have a right to clean air and water, and a healthful environment.” The author of this text interviewed Altamont’s superintendent of public works Jeff Moller, Professor Yanna Liang, Chair of the Department of Environmental and Sustainable Engineering, from the University at Albany and Professor Arthur Frank, medical specialist in asbestos-related diseases from Drexel University to clarify the occupational and public health risk posed by asbestos-cement pipes. See: We shouldn’t play Russian roulette with our water supply.
Toxic Talc Update
Dec. 8, 2021
An article recapping the controversial steps by which Johnson and Johnson (J&J) managed to temporarily suspend the tens of thousands of cancer claims against it pointed out that once a 60-day reprieve has been spent and the litigation is moved from North Carolina to New Jersey, things could change. J&J used the “Texas Two-step” to dump the personal injury lawsuits into a shell company which it immediately put into bankruptcy. This legal strategy has not yet been tested by a New Jersey court so some hope remains for the thousands of claimants who allege that they were injured by exposures to asbestos fibers contained in J&J’s talc-based baby powder. See: J&J Baby Powder Lawsuits On Hold For Now.
Asbestos Victory over Insurers in Montana
Dec 6, 2021
On November 23, 2021, by a 6-1 majority 69-page ruling in the case of: National Indemnity Co. V. State of Montana, the Montana Supreme Court affirmed a lower court judgment that a Berkshire Hathaway Inc. subsidiary must pay the State of Montana $97.8 million in asbestos claims and other costs pursuant to a comprehensive general liability policy issued for 1973 through 1975. The Court accepted that the State knew about the existence of hazardous conditions at the site of W. R. Grace and Co.’s vermiculite mine in Libby. Two issues were remanded back to the lower court. See: Montana awarded $97.8M in asbestos insurance claim case.
Migration of Asbestos Fibers: New Research
Nov 22, 2021
Peer-reviewed laboratory research reported in the November 2021 online issue of the Journal of Hazardous Materials questioned the safety of burying asbestos waste due to new findings by US scientists which showed that asbestos fibers could, in the presence of certain organic material in soil, become mobile. This revelation means that buried asbestos could eventually reach groundwater and “could make it to nearby communities via irrigation, or become airborne after washing up and drying out on riverbanks.” The research could, if confirmed by additional work, have serious implications for the way the Environment Protection Agency and other government bodies handle asbestos-contaminated sites. See: Mobility of asbestos fibers below ground is enhanced by dissolved organic matter from soil amendments.
Mesothelioma: Treatment Update
Nov 18, 2021
New data published in Nature Medicine, a peer-reviewed medical journal, has shown improved survival rates in people with previously untreated, unresectable malignant pleural mesothelioma treated with Imfinzi (durvalumab) plus platinum-pemetrexed chemotherapy compared with chemotherapy alone. According to the lead author of the study, Dr. Patrick Forde, director of the Thoracic Oncology Clinical Research Program at Johns Hopkins Medicine in Baltimore: “the signals here are that there are groups of patients who derive a significant benefit from the combination of chemo with immunotherapy.” Whilst none of the 55 participants achieved a complete response, 31 showed a partial response to treatment. See: Imfinzi-Chemo Combo Improves Survival for Mesothelioma.
J&J Toxic Talc Litigation: Update
Nov 15, 2021
In what is being seen as a “major setback” for Johnson & Johnson (J&J), on November 10, 2021 Federal Bankruptcy Judge Craig Whitley in North Carolina allowed a 60-day stay on 38,000 asbestos lawsuits against the company over sales of its talc-based baby powder. The Judge had previously said these cases should be heard in New Jersey where the company is headquartered. J&J, which used a legal manoeuvre known as the “Texas two-step” to dump the cancer claims into a new bankrupt entity called LTL, wanted all the litigation frozen during a case review which could take years. See: A judge temporarily halts baby powder cancer lawsuits against Johnson & Johnson.
Award for Montana Asbestos Medic
Nov 12, 2021
A long career of public service has been recognized by the Montana Public Health Association with the announcement that Dr. Brad Black, the former Medical Director of the Center for Asbestos Related Disease (CARD), would receive its 2021 Career Achievement Award at a ceremony in April 2022. Dr. Black was one of the founding members of the CARD clinic and remains “a leading advocate for healthcare, treatment, and research to benefit those impacted by Libby amphibole asbestos.” Residents as well as workers in the town of Libby, Montana have, for decades, contracted asbestos-related diseases from workplace and environmental asbestos exposures. See: CARD's Dr. Brad Black Wins State Public Health Award.
Johnson & Johnson: Bankruptcy Update
Nov 1, 2021
According to a news report of October 27, 2021, it’s possible that US Bankruptcy Judge Craig Whitley, based in Charlotte, North Carolina, may derail Johnson & Johnson’s (J&J’s) attempts to off-load its liabilities for cancers caused by use of its talc-based baby powder to a bankrupt company: LTL Management LLC. On October 26, the Judge ordered LTL to justify their choice of a North Carolina jurisdiction when most of the talc claims against the company were filed in New Jersey, the location of J&J’s & LTL’s corporate headquarters. (For more on the background to this case see Johnson & Johnson’s ‘Texas-two-step’ puts spotlight on US bankruptcy regime.)
See: Judge May Not Let Johnson & Johnson Subsidiary File for Bankruptcy in N.C.
California: New Rights for Victims' Relatives
Oct 27, 2021
On October 1, 2021, the Governor and Secretary of the State of California signed a bill which will allow family members to posthumously claim compensation for pain and suffering endured during the lifetime of a deceased relative. The new law – based on Senate Bill No. 447 – comes into effect on January 1, 2022 and marks a turning point for people killed by asbestos-related diseases and others. Forty-five other US states, have similar provisions which uphold the legal rights of victims and their families; the hold out states are Florida, Idaho, Colorado and Arizona. According to one US attorney, prior to the passage of this bill, “asbestos companies received a ‘death discount’ if a mesothelioma victim passed away prior to trial.” See: Bill Information: SB-447 Civil actions: decedent’s cause of action.(2021-2022).
Update: Johnson & Johnson
Oct 20, 2021
More details have been reported of the mechanisms used by Johnson and Johnson (J&J) to off-load tens of thousands of asbestos cancer claims from consumers who used its iconic talc-based baby powder which has been found to contain asbestos fibers. Last week, J&J put the claims initiated by ovarian cancer and mesothelioma sufferers into a company called LTL Management LLC; on October 14, LTL filed for bankruptcy protection in the state of North Carolina. The talc lawsuits will now be suspended until LTL’s bankruptcy proceedings have been resolved. See: J&J puts talc liabilities into bankruptcy.
J&J Dumps Cancer Liabilities
Oct 18, 2021
In a widely anticipated and high-profile move that was reported as far afield as Russia and Brazil within minutes of the announcement being made, Johnson & Johnson (J&J) declared it had off-loaded liabilities from tens of thousands of cancer cases using the Texas two-step to exploit corporate bankruptcy laws. J&J dumped the claims over asbestos-contaminated talc-based J&J baby powder into a new subsidiary which was promptly put into Chapter 11 protection. Commenting on the news, US Attorney Joe Satterley categorized J&J’s decision as “corporate fraud at its worst” saying: “There’s no way this litigation presents a material threat to this company. It’s laughable.” See: Johnson & Johnson Puts Talc Injury Claims Into Bankruptcy.
EPA U-Turn on Asbestos
Oct 18, 2021
On October 12, 2021, the US Environmental Protection Agency (EPA) reached a settlement with civil society groups which had issued lawsuits against the Agency to force it to adequately evaluate under 2016 revisions to the Toxic Substances Control Act, all the human health risks posed by asbestos. The EPA has agreed to expand the scope of its investigations and to review risks to citizens posed by exposure to all types of asbestos fibers – including chrysotile (white) asbestos – as well as asbestos legacy uses by December 1, 2024. See: US EPA to strengthen asbestos risk evaluation.
Honeywell Sues Asbestos Trust Fund
Sep 28, 2021
A frequently named asbestos defendant Honeywell International Inc. has brought a lawsuit [15-00204] in the U.S. Bankruptcy Court for the Western District of Pennsylvania (Pittsburgh) against a trust fund that had been set up to resolve the bankruptcy of North American Refractories Co. (Narco), a former Honeywell affiliate. In return, administrators for the trust fund have issued a countersuit accusing Honeywell of trying to evade its liability for asbestos claims brought by individuals injured by exposure to Narco products. See: Honeywell, Asbestos Victims Battle Over $2.3 Billion in Claims.
Toxic Talc Lawsuit Reinstated
Sep 23, 2021
On September 21, 2021, by unanimous consent a California Appeals Court reinstated a lawsuit by the widow of Douglas Strobel against Johnson and Johnson (J&J). Mr. Strobel’s death aged 68 in 2020 from the asbestos cancer mesothelioma was caused, he believed, by his lifelong use of J&J’s talc-based baby powder. In the Court’s 44-page ruling, they rejected an earlier finding that expert witnesses did not have first-hand evidence that the talcum powder used had contained asbestos fibers and remanded the lawsuit for “further proceedings.” This decision can be appealed to the California Supreme Court. See: Court reinstates suit by Solano County woman against J&J over baby powder.
Immunotherapy Treatment: Update
Sep 17, 2021
A commentary on a US mesothelioma charity website highlighted research findings by a pharmaceutical company due to be released at the 2021 European Society for Medical Oncology meeting today (September 17). According to Bristol Myers Squibb, the three-year overall survival data from its CheckMate-743 study of nivolumab/ipilimumab immunotherapy in mesothelioma showed that 23% of patients were alive at 35.5 months compared to 15% of those treated with chemotherapy. No new side effects had been identified. See: Released 3-year survival data for nivolumab/ipilimumab combination immunotherapy for mesothelioma.
Post 9/11 Cancer Epidemic
Sep 14, 2021
An article on a Polish news portal highlighted the health issues being faced by first responders to the 9/11 attack. According to the text, 18,000 of the 50,000 people who were part of the rescue operations – including manual workers involved in the cleanup – have been diagnosed with serious diseases including 9,795 cases of cancer. The number of casualties continues to grow with many Poles amongst the injured. The lethal cocktail of toxins, including asbestos, in the dust clouds covering the site could, American scientists predict, affect up to 60,000 people. See: Ratowali ludzi po zamachu 11 wrzesnia. Teraz umieraja na raka [They saved people after the 9/11 attack. Now they are dying of cancer].
N.Y. Asbestos Prosecutions
Sep 8, 2021
On September 2, 2021, the New York Attorney General Letitia James and New York City Department of Investigation Commissioner Margaret Garnett announced the indictments of Certified Asbestos Investigators Valentino Buono, Jeff Ezulike, Russell Goss and Kostas Kamberis for filing multiple false asbestos inspection reports and thereby endangering the health of N.Y. workers and citizens. The accused were arraigned before Supreme Court Judge Toni Cimino in Queens County on a total of 19 counts. See: Attorney General James and DOI Commissioner Garnett Announce Indictment of Four Asbestos Investigators for Filing Fraudulent Inspection Reports.
Asbestos Hazard at Philadelphia School
Sep 6, 2021
The failure to address asbestos contamination at one of Philadelphia’s most high-profile schools, led to a drastic action last week by teachers, students and parents who refused to enter Masterman school, Philadelphia’s premier magnet school. Trade union officials confirmed that “more than 60 areas of damaged asbestos have been identified in the school, with imminent hazards identified in the art room and in a second-floor bathroom, as well as damaged material and dust above drop ceilings.” The asbestos problem at Masterman has been known about for over 25 years. See: School District Gets an F on Asbestos Issue.
J&J’s Killer Baby Powder
Aug 30 2021
Last week, a jury in the California Superior Court of Alameda County issued a plaintiff’s verdict in a case brought by mesothelioma sufferer 35-year-old Christina Prudencio who had contracted the fatal cancer from exposure to asbestos fibers contained in Johnson and Johnson’s talc-based baby powder. Ms. Prudencio was awarded $26.5 million in compensatory damages. The question of whether punitive damages will also be awarded remains to be resolved. Damning evidence was presented during the trial about a sustained corporate cover-up going back many decades. See: Baby Powder Mesothelioma Victim Awarded $26.5 Million by California Jury.
Asbestos in Schools
Aug 30, 2021
American children are being exposed to colossal levels of asbestos dust which remain in classrooms throughout the country. The current official policy of “wait and see” has been shown to be unfit for purpose as the educational infrastructure continues to deteriorate through a lack of resources. The scope and severity of the problem remains unknown as the last national survey of asbestos in schools was completed nearly 40 years ago; “there is no federal collection of data on the conditions of schools.” A recent attempt to quantify the problem revealed that the majority of local education agencies reported asbestos contamination of schools. See: The danger of America’s forgotten battle with asbestos. Students and school personnel remain at risk.
Court Upholds Cancer Verdict against J&J
Aug 13, 2021
On August 5, 2021. the California Court of Appeal, First District threw out an appeal from Johnson and Johnson (J&J) over a jury verdict which had awarded $29 million for the ovarian cancer contracted by Teresa Elizabeth Leavitt who had used the company’s iconic baby powder throughout her life. The jury had found that substantial evidence supported the finding that it was more likely than not that “Johnson & Johnson’s baby powder was contaminated with asbestos when Leavitt used it…” There are believed to be more than 30,000 cancer cases pending against J&J over asbestos contamination of its baby powder. See: J&J Fails to Escape Jury’s $29 Million Award in Baby Powder Suit.
Cancer Class Action for Black Women
Jul 29, 2021
At a press conference on July 27, 2021, the high-profile US civil rights attorney Ben Crump announced that a lawsuit had been launched against Johnson & Johnson on behalf of black women who contracted ovarian cancer after having used the company’s iconic talc-based baby which, it was alleged, contained asbestos fibers. The claimants were members of the National Council of Negro Women (NCNW). Commenting on the case, NCNW’s Executive Director Janice Mathis said: “This company, through its words and images, told Black women that we were offensive in our natural state and needed to use their products to stay fresh… Generations of Black women believed them…” See: Ben Crump files lawsuit against Johnson & Johnson on behalf of Black women.
OSHA Asbestos Citations
Jul 22, 2021
According to a July 19, 2021 press release issued by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), three companies – Eastern Coast Management Inc., SRZ Mgmt Holdings LLC and SRZ OP Bentonview LLC – were cited for failing to test for the presence of asbestos, erect protective barriers and provide respiratory and personal protective equipment to staff during refurbishment work in January 2021 to replace flooring at a health facility. As a result, residents of the Bentonview Park Health & Rehabilitation Center in Monett, Missouri as well as specialist technicians were exposed to asbestos. See: U.S. Department of Labor Cites Three Employers at Missouri Residential Care Facility.
Avoidance of Toxic Talc Claims?
Jul 19, 2021
The American pharmaceutical Johnson & Johnson (J&J), which is facing tens of thousands of cancer claims from people who used its asbestos-contaminated talc-based baby powder, is considering options for off-loading its liabilities in order to minimize compensation payouts. According to Reuters, the use of the Texas two-step – a stratagem which allows a company to create a new entity for housing liabilities which would then file for bankruptcy – is under discussion. Refusing to comment on the rumors, a company spokesperson told Reuters: “Johnson & Johnson Consumer Inc. has not decided on any particular course of action in this litigation other than to continue to defend the safety of talc and litigate these cases in the tort system, as the pending trials demonstrate.” See: J&J exploring putting talc liabilities into bankruptcy.
Peritoneal Mesothelioma: Progress
Jul 16, 2021
Good news has been published by researchers from the University of Texas who found a “40% objective response rate in patients with advanced malignant peritoneal mesothelioma” in a phase II study that used a combination of atezolizumab and bevacizumab to treat patients. In a July 14, 2021 article in Cancer Discovery, Associate Professor of Gastrointestinal Medical Oncology Dr. Kanwal Raghav, who led the study, said: “There is a grave unmet need for patients with peritoneal mesothelioma… This study establishes a much-needed treatment option and represents an effort to encourage research for this rare disease.” See: Drug combination shows meaningful responses for malignant peritoneal mesothelioma patient.
Mesothelioma Verdict Upheld
Jul 14, 2021
On July 8, 2021, the Washington Supreme Court overturned an Appellate Court’s verdict which had rejected a jury’s decision in a wrongful death case brought by the family of Jerry “Doy” Coogan, an auto mechanic who had died in 2015 aged 67 from the asbestos cancer mesothelioma. The Supreme Court Judges, who reinstated a $81.5 million verdict, unanimously held that the Court of Appeals had “overstepped its limited role and inappropriately substituted its own judgment for that of the trial court, and most importantly, the jury.” The two defendants which had sold or supplied the asbestos-containing brake pads and other parts which the deceased had used were held liable for the damages awarded. See: Court Upholds $81.5 Million Verdict in Mesothelioma Case.
New York’s Toxic Asbestos Legacy
Jul 5, 2021
On July 2, 2021 at an on-site press conference, US Senator Chuck Schumer announced a plan to clean up the New York town of Ulster’s asbestos-contaminated Tech City site. Joining him at the event, which was held in front of mounds of asbestos waste, were Ulster County Executive Pat Ryan, State Senator Michelle Hinchey and other officials. Schumer is calling on Congress to allocate an additional $5 billion to revive the EPA’s Superfund Program in order to remove toxic chemicals from sites like Tech City saying: “It’s high time that we fully clean up asbestos on this Tech City site, and it poses a threat to Ulster County residents.” See: Schumer seeking federal support to clean up Ulster's Tech City.
US State Action on Asbestos
Jun 21, 2021
On June 15, 2021, the New Jersey Senate Environment and Energy Committee approved a bill to provide financial support to homeowners removing lead and asbestos from their homes; under the terms of the bill, homeowners can deduct up to $25,000 from gross income tax for lead paint removal, lead pipe removal and asbestos removal as long as they employ a state-licensed professional to undertake the work. According to Senator Christopher Bateman: “This bill will make it easier for homeowners to do the right thing and have trained professionals remediate toxins and carcinogens from their property ensuring a healthy environment for current and future residents of the property.” See: Asbestos and lead removal bill clears Senate Environment and Energy Committee.
Asbestos Hazard to Handymen
Jun 16, 2021
The risks to do-it-yourself repairmen and renovators posed by asbestos-containing products hidden within national infrastructures were flagged up in the lengthy article cited below. Since the Covid pandemic began, home improvement companies have reported record sales and a new generation of DIYers has embarked upon projects, with little or no knowledge of the invisible and potentially lethal dangers they might encounter. The first such danger discussed in this article is asbestos, which was said a leading US expert, used in up to 5,000 products such as building materials and roofing shingles. The predicted third wave of asbestos diseases has already started amongst DIYers. See: The hobby with hidden health risks.
Progress on Asbestos Reporting
Jun 10, 2021
A press release issued on June 7, 2021 on behalf of the Attorney General of the State of Massachusetts Maura Healey broke the news of an agreement reached by a coalition of 11 states and civil society groups with the US Environmental Protection Agency (EPA). The EPA agreed to implement procedures instructing chemical companies to report their use and import of asbestos, in order to better assess the country’s capacity to protect citizens from toxic exposures. The Trump administration had challenged a December 2020 court order in support of the coalition’s position; Biden’s EPA agreed to progress the required reporting. See: Coalition Co-led by AG Healey Secures Federal Court Order and Settlement Requiring Asbestos Reporting to Protect Public Health.
Toxic Talc Victory!
Jun 2, 2021
On June 1, 2021, the US Supreme Court rejected an appeal by the American pharmaceutical giant Johnson & Johnson (J&J) of a $2.1 billion Missouri verdict for women who contracted ovarian cancer as a consequence of using J&J’s asbestos-contaminated talc-based baby powder. The size of the sum awarded was a reflection of the jury’s condemnation of the company’s “particularly reprehensible conduct” and the fact that although J&J had known of the potential harm of the toxic contamination it had “misrepresented the safety of these products for decades.” J&J is facing a further 21,800 toxic talc lawsuits. See: Supreme Court rejects Johnson & Johnson’s appeal of $2 billion penalty in baby powder cancer case.
North Dakota Restricts Victims’ Rights
May 28, 2021
At a May 26, 2021 press conference in Fargo – the capital of North Dakota – Landis Larson, President of the North Dakota AFL-CIO, warned union members that new state legislation will create restrictions for potential asbestos claimants injured through toxic exposures at work. Landis urged that individuals at-risk of contracting these diseases get medical screening prior to July 15, in order to begin the process of seeking legal relief before the restrictive law House Bill 1207 comes into effect on August 1. Landis’ electrician father-in-law and his mother-in-law both died from asbestos cancer. See: Labor groups urge asbestos exposure screenings before ND law takes effect.
Lawsuit Targeting Asbestos Failures at EPA
May 21, 2021
On May 18, 2021, a coalition of US health and environmental groups filed a complaint against the Environmental Protection Agency (EPA) over its failure to adequately consider the legacy risks posed by asbestos incorporated within the American infrastructure as mandated by the Toxic Substances Control Act. The complainants were seeking an order from a San Francisco federal court instructing the EPA to take steps to protect public health from the asbestos hazard. Acting on behalf of the plaintiffs, lawyer Robert Sussman accepted that President Biden's administration had “inherited the incomplete asbestos evaluation” from the Trump administration but was “hopeful” of a more productive collaboration with Biden’s EPA. See: Health groups sue to make EPA evaluate ‘legacy’ asbestos risk.
Asbestos Justice on Hold
May 10, 2021
On May 4, 2021, a lawyer in the U.S. Virgin Islands (V.I.) Russell Pate filed a petition seeking a writ of mandamus to compel the V.I. Superior Court to assign hundreds of cases orphaned – including asbestos cases – when the presiding judge, Superior Court Judge Robert Molloy, was promoted to a U.S. District Court. The suspended cases include those brought by 46 former oil refinery workers, 80% percent of whom have now died, who sought damages for alleged silica dust and asbestos exposures. About 1,000 asbestos-related lawsuits have been resolved in the V.I. courts, but 400 remain pending. See: Attorney Seeks Writ of Mandamus to Move Cases Forward.
Baby Powder Litigation
May 6, 2021
The debate about harm caused by the use of Johnson and Johnson’s iconic talc-based baby powder does not seem to lessen as yet more plaintiffs instigate lawsuits against the US pharmaceutical company for failing to protect them from toxic exposures despite knowledge about the harm caused by impurities in its products. According to corporate documents, J&J knew that the talc it was using could contain asbestos fibers and chose not to warn consumers. Despite the existence of a safer alternative based on cornstarch, J&J continued to sell the toxic powder until 2020 when it was withdrawn from markets in North America but remained on sale elsewhere. See: The Talc Powder Controversy: Why It Could Matter to Women.
Lawsuit Targeting Montana Medical Clinic
May 6, 2021
More details have emerged about the basis for the lawsuit being brought by asbestos defendants against a medical clinic in Libby – a Montana town where hundreds of people have died from asbestos-related diseases due to vermiculite mining operations by the company W. R. Grace. The litigants allege that personnel at the Center for Asbestos Related Disease (CARD) defrauded Medicare and federal agencies by running unnecessary tests – including X-rays and CT scans – and over-diagnosing cases of asbestos-related diseases. The legal team for CARD view the lawsuit as an attempt to damage the clinic’s credibility and undermine the legitimacy of its diagnoses. See: Lawsuit against Libby clinic centers on lung scans.
Buffet Company Sues Medical Clinic
May 4, 2021
The repercussions of mining in Libby, Montana continue with diagnoses of asbestos-related diseases, caused by exposure to fibers liberated by W.R. Grace’s vermiculite operations, being made every year. The Center for Asbestos Related Disease Clinic provides a vital role in supporting and treating the injured. One of the defendants in Libby asbestos cases is the BNSF Railway, owned by billionaire Warren Buffett’s Berkshire Hathaway company. BNSF is suing the Clinic in federal court, alleging that it is defrauding Medicare and grant agencies by over-diagnosing asbestos-related diseases and running unnecessary tests. See: In Poisoned Montana Town, Warren Buffett-Owned Railroad Accuses Clinic of Medicare Fraud.
Asbestos Crimes in Massachusetts
Apr 26, 2021
The Attorney General of Massachusetts Maura Healey is suing four companies for flouting laws intended to prevent toxic exposures to asbestos. “We allege,” said Healey “that the defendants’ reckless disregard of basic workplace procedures and failure to take proper precautions put the health and safety of workers, building occupants, and the surrounding community at risk.” The charges relate to work undertaken in March 2019 by: Ray Services Inc., an asbestos abatement company; O’Reilly, Talbot, & Okun Associates, Inc., an environmental consulting company; Allegrone Construction Co., a general contractor; and Service Transport Group, a transportation company. See: AG Healey Sues Four Companies for Illegal Asbestos Work at Former Springfield YMCA.
Thousands More US Asbestos Tragedies
Apr 8, 2021
An April 3 expose detailed the tragedy caused by toxic exposures of up to 6,000 workers who had been employed at a Minnesota factory producing mineral board and ceiling tile products using asbestos. The plant belonged to the Conwed company – formerly known as the Wood Conversion Co. – and was located in the town of Cloquet; although it closed in 1985, members of its workforce continue to contract deadly diseases caused by workplace exposures to asbestos between 1958 and 1974, when the company ceased using asbestos. The article focuses on the case of Gene “Randy” Backe, who died of the asbestos cancer mesothelioma last year. See: Minnesota factory workers feel aftermath of asbestos 36 years later.
Prison Sentence for Asbestos Crimes?
Apr 7, 2021
On March 26, 2021, the US Department of Justice (DOJ) confirmed that Gunay Yakup – an asbestos abatement operative and supervisor – had admitted involvement in an illegal conspiracy to remove asbestos at a former IBM site in Kingston, New York in 2016. Due to time constraints imposed upon him by other conspirators, Yakup took the decision to violate mandatory practices for the stripping, bagging, removal and disposal of asbestos as stipulated under the Clean Air Act. Sentencing will take place on July 27; the maximum penalty for these crimes is five years in prison. See: Abatement Supervisor Pleads Guilty to Illegally Removing Asbestos.
Mesothelioma Checkpoint Inhibition
Mar 29, 2021
At the March 19, 2021 International Conference on Surgical Cancer Care held by the Society of Surgical Oncology, scientists from the Rutgers Cancer Institute of New Jersey presented the research findings into whether peritoneal mesothelioma cancer cells expressed high amounts of PD-L1, a protein that was abundantly present on some types of cancer cells. They found that this was the case and speculated that: “patients with peritoneal mesothelioma may be inhibiting the immune system from recognizing the cancer and attacking it… Our plan will be to test checkpoint inhibition in patients prospectively to determine whether or not it is associated with significant antitumor activity.” See: Exploring PD-L1 Expression in Malignant Peritoneal Mesothelioma.
US Policy and Administrative Failures
Mar 29, 2021
A commentary about protecting citizens from deadly exposures to chemicals during the time of Covid-19, highlighted failures by the authorities to take effective action on the deadly legacy posed by asbestos consumption and problems caused by failing to ban asbestos in the US as a result of industry interference. The Environmental Protection Agency which was tasked with protecting Americans from hazardous products and taking steps to monitor historic and current use, neglected to do so under the Trump Administration despite 2016 revisions to the Toxic Substances Control Act which had reinforced the EPA’s responsibility to undertake a comprehensive asbestos review. See: The Past, Present, and Future of Asbestos Regulations in America.
Unsafe at any Price?
Mar 24, 2021
Detroit’s top demolition asbestos abatement contractor during 2016 and 2019 was a company called BBEK Environmental. During that time, the company had received at least a dozen citations for failing to comply with regulations stipulating safety protocols for the removal and disposal of asbestos-containing material. Although the company was suspended from Detroit’s demolition program, state authorities still allow it to operate in Detroit endangering workers and residents. This situation is discussed in the article cited below, where the views of Michigan authorities, city and state politicians, and legal and technical experts, were canvassed. See: This Asbestos Company Is Suspended From Detroit’s Demo Program. Why Is It Getting Big Jobs In The City?
Johnson & Johnson: Collateral Damage
Mar 11, 2021
An article in Newsweek highlighted the knock-on effect of the reputational damage suffered by Johnson & Johnson (J&J) as a result of the thousands of lawsuits the company is facing over asbestos contamination of its talc-based baby powder on public concern over the safety of J&J’s one-shot vaccine, approved for use on February 27, 2021. The negative perception of the brand was, said the article, helping “drive vaccine alarmism and skepticism.” Social media was awash with postings pointing out that the new vaccine had been produced by the same company that had sold carcinogenic baby powder. See: Johnson & Johnson's Talc Lawsuits Are Fueling Skepticism of its COVID Vaccine.
Legal Attack on Libby’s Medical Clinic
Mar 9, 2021
In February, 2021, the federal government decided it would not intervene in a lawsuit being brought by BNSF Railway Co. against the Center for Asbestos Related Disease (CARD) in Libby, Montana which alleged that the nonprofit clinic committed Medicare fraud by using federal grants to perform “unnecessary” check-ups and treatments on patients. Alas, CARD is no stranger to legal attacks: “Like W.R. Grace tried in the past, BNSF is using this lawsuit to try to prevent CARD from screening and treating individuals exposed in Libby for asbestos-related diseases.” The clinic must respond to the lawsuit by April 23. See: Feds steer clear of BNSF suit against CARD clinic.
Politicians Attack Victims’ Rights
Mar 9, 2021
Three draft pieces of proposed legislation – House Bills 638, 639 and 687 – targeting asbestos- and silica-exposure lawsuits, which would shield defendants from third-party liabilities, are being considered by the Georgia State General Assembly. Collectively, the legislation would, as of May 1, 2021, impose onerous burdens on claimants that would require the disclosure of sensitive information, detailed historical data and legal strategies. Unsurprisingly, the three politicians co-sponsoring these bills are Republicans. See: Bartow legislators back slate of bills targeting asbestos lawsuits.
Toxic Talc
Mar 4, 2021
A damning review of the talc industry’s role in blocking US regulations on cosmetic talc from the 1970s until today presented evidence of how the industry was able to influence: government agencies’ regulatory proceedings; the adoption of testing methods and the disclosure of test results; the nature of press coverage and medical publications. As a result of this manipulation, the industry’s assertion since 1976 that talc was asbestos-free remained unchallenged for decades. The prioritization of corporate profits over public health had disastrous consequences. See: A Review of the Talc Industry’s Influence on Federal Regulation and Scientific Standards for Asbestos in Talc.
Asbestos in Philadelphia’s Schools
Feb 25, 2021
Earlier this week, Pennsylvania (PA) State Representative Elizabeth Fiedler and PA State Senator Vincent Hughes tabled proposals to address the hazardous conditions of PA’s schools, including the presence of weathered and aging asbestos-containing products. Fiedler told reporters: “For generations, our educators, students and school staff have been sent into buildings where they could get brain damage because of chipped paint or cancer because of exposed asbestos… To call this appalling is an understatement.” Amongst the measures proposed were grants for emergency repairs to make schools safe by remediating asbestos and other sources of contamination. See: Fiedler unveils plan to repair hazardous public schools in PA.
Toxic Talc
Feb 24, 2021
The US Pharmaceutical giant Johnson & Johnson has set aside $3.9 billion for litigation expenses in 2020 “primarily associated with talc-related reserves and certain settlements.” The company is facing 25,000 US lawsuits over sales of its iconic baby powder which was alleged to be contaminated with carcinogenic asbestos fibers that caused cases of mesothelioma, ovarian cancer, and lung cancer. The reserves are almost double the previous $2.1bn estimate for talc litigation. The company was ordered by a NY State Judge to pay $120m compensation to a Brooklyn couple in November 2020. See: Johnson & Johnson sets aside almost $4 billion for talc verdict, filing shows.
Third Wave of Asbestos Deaths
Feb 23, 2021
Predictions that the incidence of asbestos-related mortality in the USA would decline after the introduction of regulations in the 1970s have proved to be “overly optimistic.” Based on the number of cases of asbestos cancer being diagnosed in people under 55 years old, experts concluded that “inhalation exposure to asbestos is still ongoing.” These cases, which are part of the “third wave” of asbestos-related diseases, are mostly contracted by construction and demolition workers, roofers, carpenters, plumbers, shipbuilders and industry workers. See: Third Wave of Asbestos Disease Impacts America’s Workers.
Lack of Trust Delays Schools’ Reopening
Feb 18, 2021
As plans for reopening Philadelphia’s schools for in-person teaching are being considered, the distrust of officials from the Education Department – based on their failures to protect school users from toxic exposures – continues to fester. An extract from a letter by Adam Sanchez and Nina Willbach expressed their feelings as follows: “District leaders ask us to trust them to keep teachers, students, and our families safe. But these same leaders have kept us in poisoned schools for decades, with unsafe building conditions of lead, mold, and asbestos.” (The PFT trade union, which represents over 11,000 public school personnel, has called plans to reopen schools on February 22 “reckless”.)
See: Philadelphia Teachers and District Struggle over Terms of School Reopening.
Asbestos Data from the US: Update
Feb 8, 2020
A January 2021 release by the United States Geological Survey detailed annual US asbestos imports between 2016 and 2020 which averaged ~445 tons (t) a year. Imports for 2020 were 300t, a 75% increase on 2019. All the fiber imported was chrysotile (white) asbestos which originated in Brazil and was destined for use by the US chloralkali industry. It is noteworthy that the text reported a decrease in annual global asbestos consumption from around 2 million tons in 2010 to roughly 1 million tons in recent years, with the top asbestos producers in 2020 being Russia (790,000t), Kazakhstan (210,000t) and China (100,000t). See: U.S. Geological Survey, Mineral Commodity Summaries, January 2021 - Asbestos.
Building Trust at Philadelphia’s Schools?
Feb 3, 2021
Philadelphia’s legacy of unsafe schools has led many to question the integrity of assurances issued by the Philadelphia School District that it is safe to reopen schools for in-person teaching despite the coronavirus pandemic. “District leaders ask us” wrote Adam Sanchez, a Philadelphia teacher of African American history, and Philadelphia teacher Nina Willbach “to trust them to keep teachers, students, and our families safe. But these same leaders have kept us in poisoned schools for decades, with unsafe building conditions of lead, mold, and asbestos. The district needs to build trust by engaging in a democratic process to ensure teachers and our union that our buildings are safe enough to reopen.” See: Philly leaders lied for decades about school safety. Why should teachers trust them during a pandemic?
Pressure on EPA for Asbestos Rethink
Jan 29, 2021
Public advocacy groups and campaigners have put the U.S. Environmental Protection Agency (EPA) on notice of their intent to file a lawsuit over the EPA’s multiple failures under the Trump Administration to adequately evaluate public and occupational health risks posed by asbestos exposures. According to lawyer Robert Sussman, the petitioners “want to see a comprehensive and robust evaluation of asbestos that looks at all the risks, all the products and types of asbestos which are out there that people are exposed to and looks thoroughly at the science.” See: Ninth Circuit Asked to Undo Asbestos Review by Trump EPA.
Deadly Asbestos Legacy
Jan 26, 2021
Contamination caused by decades of manufacturing by the Carolina Asbestos Company at an old factory near Charlotte, North Carolina remains decades after operations had ceased. Redevelopment of the site and area has been hindered by the high cost of decontamination. Generations of workers and local residents paid with their lives for the profits of the company. Behind the mill, is a 25 foot high mountain of asbestos waste called Asbestos Hill. Despite attempts to cover the asbestos pile with vegetation, the site remains a toxic reminder of the area’s industrial past. Local people are concerned that redevelopment would release asbestos into the air. See: Davidson's Legacy of Asbestos Contamination and Distrust.
Asbestos Cover-up
Jan 12, 2021
Two podcasts totalling 90 minutes examined the question of whether or not there was a cover-up in the US about the hazards posed by occupational and environmental exposures to asbestos. The content of the broadcasts traced the history of asbestos use and the evolution of medical and scientific knowledge regarding its dangers from the 19th century to the present. The presenters concluded that there was sufficient proof to establish that government stakeholders had supported vested interests to prioritize the needs of the asbestos industry over the welfare of US citizens in a conspiracy which condemned many of those affected to debilitating disease and premature death. See: The Asbestos Cover-Up Pt 1 and The Asbestos Cover-Up Pt 2.
EPA Asbestos Evaluation: Update
Jan 7, 2021
A commentary which was part of the January 4, 2021 online edition of the National Law Review reported on the publication on December 30, 2020 of the Final Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos of the Environmental Protection Agency (EPA), stating that the EPA “found that there is unreasonable risk to workers, occupational non-users, consumers, and/or bystanders within each of the six chrysotile asbestos use categories.” The EPA could take various actions to address the risks posed by asbestos exposure including prohibiting its consumption, handling and sale throughout the US. See: EPA Publishes Final Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos.
EPA’s Asbestos U-Turn?
Jan 4, 2021
A commentary in the weekly magazine entitled Chemical & Engineering News, published by the American Chemical Society, asked whether the end had finally come for chrysotile asbestos, stating: “the US Environmental Protection Agency [EPA] is set to address the cancer risks posed by all current uses of chrysotile asbestos” following the publication on December 30 of a final assessment which found “unreasonable risks” to workers and members of the public who handle chlor-alkali diaphragms, gaskets, aftermarket automobile brakes, and other asbestos-containing products. Following EPA procedures, the Agency has one year to propose measures to prevent toxic exposures as identified in the final assessment. See: Is the end near for chrysotile asbestos?
Court Orders Asbestos Action by EPA
Dec 29, 2020
A 36-page ruling handed down on December 22, 2020 by Judge Edward Chen of the United States District Court for the Northern District of California ordered the Environmental Protection Agency (EPA) to upgrade asbestos reporting by implementing measures to collect data on the import and use of asbestos and asbestos-containing products in the US. In a statement welcoming this verdict, the Attorney General of Massachusetts Maura Healey said “The Trump Administration’s failure to use its authority to protect all of us from dangerous exposures to asbestos is as unconscionable as it is inexplicable.” See: EPA Ordered to Close Asbestos Reporting Loopholes.
Toxic Talc
Nov 30, 2020
An analysis of 21 samples of cosmetics in powder, liquid and cream forms – including eye shadow, foundation, blush, face and body powders – which was commissioned by the Environmental Working Group (EWG) revealed that ~15% were contaminated with asbestos. Commenting on these disturbing findings, EWG Senior Vice President for Government Affairs Scott Farber said: “While consumers should be alarmed and outraged, it’s hardly a surprise, considering the federal law regulating the cosmetics industry has not been updated since 1938.” More than 2,000 personal care products sold in the US contain talc, 1,000 are loose or pressed powders which pose an elevated risk of inhalation. See: Analysis: Talc-Based Cosmetics Test Positive for Asbestos.
Johnson & Johnson $120 Million Payout
Nov 24, 2020
On November 18, 2020, New York State Supreme Court Judge Gerald Lebovits upheld a jury’s 2019 finding that Johnson & Johnson was liable for the asbestos cancer contracted by 67-year old mesothelioma sufferer Donna Olson who had routinely used the company’s talc-based baby powder as part of her daily hygiene routine. The Judge, however, lowered the damages awarded by the jury to the Brooklyn woman and her husband from $325 million to $120m which included $15m of compensatory and $105m of punitive damages. See: Johnson & Johnson ordered to pay $120 million as damages in New York baby powder case.
Victims’ Victory in Missouri!
Nov 23, 2020
The Missouri Supreme Court has rejected legal efforts by Johnson & Johnson to overturn a state appellate court’s opinion and has upheld a $2.11 billion verdict against the company for punitive and compensatory damages to 20 plaintiffs with ovarian cancer caused by their use of the company’s talc-based baby powder. In June 2020 the Court of Appeals for the Eastern District of Missouri had unanimously upheld a trial jury’s finding that J&J had engaged in “reprehensible conduct” by manufacturing and selling asbestos-containing talcum powder products over many decades. See: Missouri supreme court denies review of $2.11 billion talc-ovarian cancer ruling.
Remediating Philadelphia’s Schools
Nov 20, 2020
The University of Pennsylvania announced on November 17th that it would be making a $100 million donation to the Philadelphia School District to fund work to remediate asbestos and lead contamination in schools. The funding will be delivered over a decade with $10m being provided each year. Welcoming this news, School District officials said the gift will “not only help us to ensure these safe spaces for every student," but will allow the district to invest in “a new and compelling vision for school facilities.” See: Penn to donate $100 million to Philadelphia School District to help with asbestos, lead abatement.
Asbestos Litigation against EPA
Nov 18, 2020
On November 12, 2020, lawyers representing the Environmental Protection Agency (EPA) defended the US government’s asbestos policy in a San Francisco federal court against a lawsuit brought by six U.S. public health organizations. According to Justice Department lawyer Brandon Adkins: “The EPA has offered its basis which is rooted in science, and the court should defer to the agency’s discretion.” The plaintiffs allege that the EPA violated the Administrative Procedure Act by denying their 2018 petition asking the Agency to amend the TSCA Chemical Data Reporting rule and require additional reporting on asbestos in order to protect citizens from toxic exposures. See: Trump’s EPA Defends Asbestos Reporting Loopholes in Court.
Victims’ Ruling!
Nov 6, 2020
On November 3, 2020 the Missouri Supreme Court rejected an appeal by the pharmaceutical giant Johnson and Johnson (J&J) over a 2018 jury verdict awarding $2.12 billion to women who contracted ovarian cancer as a result of using the company’s baby powder which they alleged had contained asbestos fibers. On June 20, 2020, a state appeals court had upheld the original verdict but reduced J&J’s payout from $4.69 billion after dismissing claims by some of the 22 plaintiffs. Lawyers for J&J announced that the company would take this case to the Supreme Court. See: Johnson & Johnson fails to overturn $2.12 billion baby powder verdict, plans Supreme Court appeal.
Award for Health & Safety Activist
Oct 30, 2020
On October 27, 2020, it was announced that the work of Sanjiv Pandita, from the Asian Network for the Rights of Occupational and Environmental Victims (ANROEV), the Asian Ban Asbestos Network (ABAN) and the NGO Solidar Suisse, had been recognized by members of the American Public Health Association (APHA). In a virtual presentation made by Garrett Brown, Sanjiv was awarded the Leslie Nickels International Health & Safety Award 2020 in recognition of his “outstanding achievement in the field of occupational health and safety outside the U.S.” See: 2020 APHA OHS Awards [View from 1.01.20-1.12.00].
One Patient’s Journey
Oct 30, 2020
The story of 49-year old American physician’s assistant Deane Berg’s battle with bilateral ovarian cancer provided the focus for a half hour podcast. Her testimony was lucid, detailed and draining, in equal measure. Deane’s determination to identify the cause of her cancer sent her on a journey through the medical literature which led her to conclude that her long-term use of Johnson & Johnson’s talc-based baby powder, contaminated with asbestos, had been the cause of the cancer. After a thorough investigation, Deane hired Alan Smith from Mississippi to represent her; subsequently, Deane, filed the first lawsuit in the US against Johnson & Johnson over its sales of contaminated baby powder. See: Verified: Dust UP – Unlikely Partners.
Mesothelioma Risk from Chrysotile
Oct 28, 2020
A paper published on October 21, 2020 examined occupational histories for 508 male workers, 176 of whom contracted mesothelioma – from a US case–control mesothelioma study in 1975-1980. While exposure to the complex mixture of extra-long amosite, short and long chrysotile, tremolite and anthophyllite fibers was associated with the highest risk of contracting mesothelioma, exposure to long and short chrysotile fibers alone was also associated with increased mesothelioma risk. The authors of the paper concluded: “that policies aimed at regulating asbestos should target both pure chrysotile and mixtures that include amphibole.” See: Mesothelioma risk among those exposed to chrysotile asbestos only and mixtures that include amphibole: a case-control study in the USA, 1975-1980.
Mesothelioma: Update
Oct 26, 2020
A paper published in the October 13, 2020 issue of the Proceedings of the National Academy of Sciences of the United States of America by researchers in the US and Italy examined critical issues about how the inhalation of asbestos fibers can cause the signature asbestos cancer, mesothelioma. The scientists, who found that doses of chloroquine or the antidepressant drug desmethylclomipramine increased asbestos-induced cell death, concluded that: “these Food and Drug Administration-approved drugs might be repurposed to protect high-risk asbestos-exposed individuals from developing mesothelioma.” See: Asbestos induces mesothelial cell transformation via HMGB1-driven autophagy.
Asbestos & COVID-19 in Montana
Oct 13 2020
The people of Libby, Montana know all about living with an invisible killer. The operations of the vermiculite mine dispersed asbestos fibers throughout the town for decades, as a result of which many people who never worked at the mine contracted asbestos-related diseases by just breathing the air. The contamination which scarred their lungs makes them particularly vulnerable to complications from COVID-19. According to Dr. Miles Miller from Libby’s Center for Asbestos Related Diseases, at least 1 in 10 people in Libby have an asbestos-related illness which would compromise their recovery from the virus. See: COVID-19 Stalks A Montana Town Already Grappling with Asbestos Disease.
Johnson & Johnson $100 Million Settlement
Oct 8, 2020
On October 5, 2020, news was released that Johnson & Johnson (J&J) had come to a $100 million agreement to settle over 1,000 cases concerning cancers caused by use of its talc-based baby powder, despite its continued reassurances that its iconic product was free from asbestos. According to a company statement: “In certain circumstances, we do choose to settle lawsuits, which is done without an admission of liability and in no way changes our position regarding the safety of our products…” Although J&J has withdrawn this product from sale in North America it continues to market it in markets around the world. See: J&J to pay more than US$100M to end over 1,000 talc suits.
New Mesothelioma Treatment
Oct 7, 2020
On October, 2020, the US Food and Drug Administration (FDA) approved the combination of nivolumab plus ipilimumab as first-line treatment for adult patients with unresectable malignant pleural mesothelioma, after studying the results of a randomized, open-label trial in patients with unresectable malignant pleural mesothelioma and no prior anticancer therapy. The trial demonstrated a statistically significant improvement in overall survival for patients treated with nivolumab plus ipilimumab compared with those who received chemotherapy. See: FDA approves nivolumab and ipilimumab for unresectable malignant pleural mesothelioma.
Asbestos Ban Bill: Update
Oct 5, 2020
Hopes were dashed on September 29, 2020 when the House of Representatives failed to pass a bill – H. R. 1603 – banning asbestos in the US. Commentators from the Democratic Party claimed that the bill’s progress had been stalled by Republicans over potential legal ramifications the legislation might have had on toxic talc lawsuits. Expressing his disappointment over this turn in events, Frank Pallone Jr., Chairman of the Energy and Commerce Committee, said: “Everyone should be able to support a ban on this known carcinogen, which has no place in our consumer products or processes. More than 40,000 Americans die every year from asbestos exposure, but Republicans are willing to look the other way.” See: Asbestos ban stalls in Congress amid partisan fight.
Asbestos in Schools: Charges!
Oct 2, 2020
On September 30, 2020, three officials – including former superintendent Alexis Kirijan of the Scranton, Pennsylvania school district – were charged with felony child endangerment over allegations that they had known about asbestos and lead contamination in Scranton schools but failed to take remedial action. The other defendants charged were former Director of Operations Jeffrey Brazil and current maintenance supervisor Joseph Slack. Allegations regarding the knowledge that officials had had regarding unsafe conditions at the schools had previously been made by current and former Scranton employees in a federal lawsuit. See: School officials charged over lead, asbestos contamination.
Asbestos Removal during a Pandemic
Sep 17, 2020
The harsh reality of life for asbestos abatement workers in New York City during Covid-19 was the focus of an insightful online article. Most of the workers who contributed to this piece were immigrants from Latin America or Eastern Europe who had few, if any, alternative sources of employment. New legislation has increased demands for asbestos removal but abatement workers are aware that their pay checks come with consequences: many of their colleagues have gotten sick or died from Covid-19 as well as asbestos-related diseases. A support group for NYC asbestos abatement workers has been founded to help them find safer employment. See: Asbestos Removal Is a Hard Job, but Covid-19 Makes It Harder.
Court Rejects Defendants’ Motions
Sep 15, 2020
At the end of last month (August 2020), the U.S. District Court for the District of New Jersey rejected motions by asbestos defendants Foster Wheeler and Westinghouse in a case brought for the mesothelioma death of Arthur Hammell, a serving member of the US Naval Reserve in 1962-64. The deceased, who was assigned to the U.S.S. Charles H. Roan, worked in boiler maintenance with equipment manufactured by the defendants, both of which asked the Court for a summary judgment on the basis that the plaintiff could not establish that the manufacturers had a duty to warn for injuries caused by asbestos [products] manufactured and furnished by third parties. See: Various Defendants’ Motion for Summary Judgment Denied on Duty to Warn in Naval Action.
EPA Sued Over Missing Asbestos Data
Sep 14, 2020
Attorney Generals from several US states and campaigning groups are suing the Environmental Protection Agency (EPA) in the Federal District Court for the Northern District of California over the EPA’s “arbitrary and capricious” decision to deny states’ previous petition that requested the EPA collect more data on imported asbestos under the authority granted in the Toxic Substances Control Act (TSCA). All the asbestos fiber imported into the United States nowadays is chrysotile (white) asbestos from Russia. See: EPA’s Asbestos Problem: Pending Litigation and Draft Risk Evaluation.
Asbestos in Schools: Update
Sep 8, 2020
A presentation by the architectural firm designing a state-of-the-art educational center to replace one of Philadelphia’s asbestos-riddled schools took place last week. The plans for the modern campus for North Philadelphia’s T.M. Peirce Elementary School – which was shut in 2019 due to concerns over the presence of asbestos and lead – were approved on September 2, 2020 by the Philadelphia Art Commission. The new three-story building will have open spaces that include a new playground, trees and a mural. See: $30 million campus to replace asbestos-contaminated North Philadelphia school.
Toxic Talc
Sep 5, 2020
An August 27, 2020 news release by the US campaigning group Black Women for Wellness (BWW) condemned Johnson & Johnson for its policy of withdrawing toxic baby powder from North American markets whilst continuing to sell it abroad. This product, which has been linked to the causation of cancer due to the presence of asbestos fibers, has been condemned by government agencies and independent scientists. The position of BWW is supported by 200 groups in the US and abroad focused on women's’ health, safe cosmetics, environmental and other public health issues. See: Toxic Products Marketed to Black Women: J&J refuses to remove talc Baby Powder from global market even as it ends U.S. sales due to lawsuits.
Indictment of EPA Asbestos Proposals
Sep 2, 2020
The 112-page Draft Risk Evaluation for Chrysotile Asbestos (the Evaluation) was released on August 27, 2020 by the Science Advisory Committee on Chemicals (SACC). The Evaluation found that proposals by the Environmental Protection Agency (EPA) to address the country’s asbestos legacy were not fit for purpose: “Overall, EPA’s environmental and human health risk evaluations for asbestos was not considered adequate…” Missing data, incomplete health risk estimates and “meager” exposure data undermined confidence in conclusions reached and recommendations made by the EPA. See: Peer Review of EPA Draft Risk Evaluation of Asbestos.
Asbestos Litigation during Covid-19
Sep 1, 2020
An August 2020 study from a US corporate consultancy group provided data suggesting that the rate of asbestos litigation has declined during Covid-19; in the first half of 2020 there was a 17% fall in the number of asbestos lawsuits compared to the same period in 2019. The decrease included a downturn in mesothelioma as well as other types of asbestos-related lung cancer and non-cancer cases. Analyst Megan Shockley said that 2020’s drop in numbers had been due to the closure of courts. The author of this article, however, alleged that the pace of asbestos litigation had been falling for some while: from 5,500 lawsuits in 2014, to 4,600 in 2016 and 4,062 in 2019. See: Are asbestos filings another COVID-19 casualty?
COVID-19 and Asbestos Lung Disease
Aug 28. 2020
The lungs of many of the residents in Libby, Montana have been compromised through environmental exposure to asbestos dust liberated during decades of vermiculite mining by W R Grace. Their condition makes them particularly vulnerable to complications from COVID-19. According to Miles Miller, a member of staff at Libby’s Center for Asbestos Related Disease: “Our patients having an underlying lung disease would make recovery from COVID-19 more difficult.” Fears of contracting coronavirus has led many people in Libby to take extraordinary measures to isolate themselves from possible sources of infection. See: Asbestos Devastated Libby, Montana. Now COVID-19 Hangs In The Air.
Schools’ Asbestos Scandal
Aug 24. 2020
On August 19, 2020, the Board of Education of the School District of Philadelphia issued a Report on renovation work at the Benjamin Franklin High School which resulted in a forced closure of the premises in 2019 and the relocation of all the students and staff. The School District of Philadelphia was harshly criticized for failures including poor dust and asbestos containment. The use of an outdated Asbestos Inspection Report resulted in multiple asbestos incidents; on September 25, 2019, exposed asbestos was found around air ducts in the school’s boiler room. See: Philly School Board ‘Deeply Regrets' Asbestos Issues at High School.
Asbestos at College
Aug 20, 2020
An expose which focused on the long-standing unaddressed hazard posed by the presence of asbestos-containing material in US college buildings cited multiple examples of inadequate practices at Penn State University; in the last ten years, Penn State spent “more money on landscaping than it did to abate asbestos.” Having investigated the asbestos situation on campus in the 1970s and 1980s, university officials realized the extent of the problem and the enormous cost of remediation; according to Pennsylvania Attorney Mike Robb, they made a conscious decision to remove “as little as possible.” See: Unwilling to pay to remove dangerous asbestos, universities across the U.S. claim it’s safe to ignore.
Toxic Talc
Aug 10, 2020
On August 5, 2020, a three-judge panel of the New Jersey Superior Court overruled a decision by trial judge Nelson Johnson which had thrown out expert evidence by Graham Colditz and Daniel Cramer in a jury trial brought against Johnson & Johnson (J&J) by two plaintiffs with ovarian cancer. The claimants had used J&J’s talc-based baby powder which, they alleged, had caused their fatal cancers. The consequences of this ruling may include the reinstatement of 1,000 other cancer cases against J&J in New Jersey. The company is headquartered in New Brunswick, New Jersey and had hoped that transferring the talc litigation to the state might have given it a “home-court advantage.” It seems not to be the case. See: J&J Stung by New Jersey Court Ruling Reviving Talc Cancer Claims.
More Toxic Talc!
Jul 27, 2020
Last week, BASF SE – the world’s biggest chemical maker – and the New York-based law firm of Cahill, Gordon & Reindel LLP agreed to jointly pay a combined $72.5 million to settle claims that they had hidden evidence that certain talc products, sourced from the company’s talc mine in Vermont, had contained asbestos, in an effort to defeat thousands of lawsuits, according to papers filed in a federal court in New Jersey. The total value of the agreement is almost $100 million when legal fees and others costs are added. See: BASF, Cahill Law Firm to Pay $72.5 Million in Talc-Scam Deal.
Johnson & Johnson Accused!
Jul 9, 2020
Reuters has reported action by international groups condemning Johnson & Johnson (J&J) for its policy which has withdrawn asbestos-tainted baby powder from North American markets but not from overseas markets. In a statement by the US non-profit organization and advocacy group Black Women for Wellness, which was supported by 170 groups from 50+ countries, the health advocates questioned J&J’s avowed commitment to “fighting racial inequality” when it continued to target “Black and Brown consumers” in marketing efforts for its iconic but potentially toxic baby powder. See: Nonprofits urge Johnson & Johnson to halt sales of Baby Powder globally.
Victims’ Verdict by Missouri Court
Jun 25, 2020
In a high-profile ruling on June 23, 2020 by an appellate court in Missouri, a verdict worth more than $2 billion in damages against Johnson & Johnson was upheld with scathing comments made about the company’s negligent behaviour: “A reasonable inference from all this evidence is that, motivated by profits, defendants disregarded the safety of consumers,” the court said. The plaintiffs alleged they had contracted ovarian cancer having been exposed to asbestos in the company’s talcum products, including its iconic baby powder. The court agreed that the plaintiffs had shown “clear and convincing evidence” of the defendants’ “outrageous” conduct. See: Women With Cancer Awarded Billions in Baby Powder Suit.
Ban Asbestos NOW!
Jun 23, 2020
A statement released by Oregon Senator Jeff Merkley on June 22, 2020, the 4th anniversary of the passing of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, deplored the US Government’s failure to progress public safety under the Act, citing the stalemate on asbestos saying: “Today, not only has EPA failed to ban asbestos, they have failed even to complete the review required by law. This unconscionable delay will cost thousands more American lives. Roughly 40,000 Americans each year die from asbestos-related causes, and this number will not decline until we take decisive action to protect Americans from asbestos.” See: Merkley criticizes years of EPA delays, urges Congress to ban asbestos.
Victim’s Verdict in NJ
Jun 17, 2020
On June 3, 2020 in a 5:2 decision, the New Jersey Supreme Court ruled that equipment manufacturers could be held strictly liable for failing to issues warnings regarding the hazard posed by asbestos-containing component parts, including replacement parts, made or supplied by third parties which had been used in their products. For 40 years, the plaintiff Arthur Whelan – who contracted mesothelioma – had worked as a plumber and auto mechanic. Subsequent to this verdict, the case Whelan v. Armstrong Intl was remanded to the trial court. See: Whether Asbestos-Containing Components Were Manufactured by Third Parties No Longer Matters in New Jersey.
Asbestos Outrage in Philadelphia
Jun 12, 2020
Teachers, school staff and students demonstrated on June 10, 2020 in front of the headquarters of the school district over the widespread asbestos contamination found in schools in Philadelphia and denounced the unsafe conditions created by slipshod asbestos removal work, with one elementary school nurse categorizing the situation as a “public health crisis.” The protesters alleged that the health hazard created by the presence of asbestos in their schools was an example of systemic racism. See: Educators protest racism, health hazards in Philly schools.
EPA Meeting on Asbestos
Jun 12, 2020
This week (June 8-11), the US Environmental Protection Agency (EPA) held a virtual public meeting of the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals [Docket Number EPA–HQ–OPPT–2019–0501] to consider the 310-page Draft Risk Evaluation for of Asbestos. Medical professionals, scientists, occupational health experts, public health campaigners and asbestos victims have been highly critical of the exemptions proposed in this report which would allow the continued use of asbestos. The original date for this meeting had been postponed due to the Covid-19 pandemic. See: Peer Review of the Draft Risk Evaluation of Asbestos.
Toxic Talc
Jun 10, 2020
In the wake of the scandal over the sale of asbestos-contaminated cosmetics, three of the biggest global cosmetic brands – Chanel, Revlon and L’Oreal – are taking steps to protect their reputations and bottom lines by eliminating talc-based products from their ranges according to a report just issued by Reuters. In light of the Johnson & Johnson baby powder fiasco and the ~20,000 lawsuits the company is facing, Chanel has been eliminating talc from face and body powders and Revlon has been transitioning to talc-free body products. See: Exclusive: Chanel, Revlon, L'Oreal pivoting away from talc in some products.
Support for US Asbestos Ban
Jun 5, 2020
On June 2, 2020, California Attorney General Xavier Becerra, Massachusetts Attorney General Maura Healey and 12 other attorney generals submitted comments criticizing the Environmental Protection Agency’s (EPA) finding that some uses of asbestos present no unreasonable risk to human health. Reasserting that the “dangers of asbestos are indisputable,” the Attorney Generals urged “the EPA to stop this farce and actually consider science and evidence as it evaluates the risk of this known carcinogen.” See: California Attorney General Criticizes EPA for Failing to Protect Americans from Asbestos, a Long-Known Dangerous Carcinogen.
Asbestos in Classic Cars
Jun 3, 2020
A commentary by a car enthusiast on a US specialist website highlighted the health hazards posed to car restorers by the presence of asbestos in parts contained in classic and vintage cars such as: brake pads, brake linings, clutch discs, transmission parts, gaskets, valve rings and hood linings. Asbestos was also used in some fiberglass or plastic bodywork, insulation and under coatings. The author of this text reported that mechanics and body shop technicians were at a higher risk of exposure to asbestos whilst working on older vehicles; over time, friable asbestos fibers collected in brake drums and transmission housing and could easily be inhaled during operations such as changing a clutch disc or brake shoes. See: Restoring classic and vintage cars containing asbestos parts.
Victory in Asbestos Case
May 26, 2020
On May 21, 2020, in a unanimous decision, the California Supreme Court overturned a 2018 Appeals Court ruling and reinstated the 2017 verdict of an Alameda County jury which had awarded Frank C. Hart $1.6 million for occupational asbestos exposure which resulted in his contracting the asbestos cancer mesothelioma. At the heart of the Supreme Court’s verdict was its acceptance of the validity of testimony relating to product identification: e.g. that evidence given by a foreman remembering the logo of Keenan Properties on paperwork was sufficient to establish the company’s culpability. See: State high court reinstates verdict against company for fatal cancer caused by asbestos.
Toxic Talc Withdrawn
May 21, 2020
Johnson & Johnson (J&J) has announced that its iconic but contentious baby powder will be withdrawn from sale in the US and Canada. Although a company statement asserted that this action was taken “as part of a portfolio assessment related to Covid-19,” it is more likely that the ~20,000 pending lawsuits over cancers caused by exposure to J&J’s asbestos-contaminated baby powder were paramount in the decision despite the company’s continuing assertions that: “Decades of scientific studies by medical experts around the world support the safety of our product.” See: Johnson & Johnson to stop selling baby powder in US and Canada.
Asbestos Alert!
May 18, 2020
Tests undertaken in the US have identified asbestos in talc-containing eye shadow palettes being sold on Amazon, eBay and an online website. Almost 90% of the shades tested in the Jmkcoz Eyeshadow Palette kit, Beauty Glazed Gorgeous and Me Eye Shadow Tray Palette were found to contain “up to nearly 3.9 million asbestos fiber structures per gram.” In recent years, there have been multiple discoveries of asbestos contamination of cosmetic and make-up products. In May 2018, UK campaigners reported that scientists had found asbestos fibers in children’s make-up products being sold in a London retail outlet. See: Alert: Tests Find Asbestos in Talc-Based Eye Shadow Kits.
Toxic Talc
May 18, 2020
Imerys – a company involved in US litigation over asbestos-contaminated talc – reached a settlement last week which will end personal injury lawsuits against the company’s three talc subsidiaries in North America: Imerys Talc America, Imerys Talc Vermont and Imerys Talc Canada; the assets of these subsidiaries will be sold to settle the cancer disputes in the US. The agreement, which was announced on May 15, 2020, provided for a restructuring plan as part of ongoing corporate restructuring efforts under Chapter 11. See: North American Talc Subsidiaries of Imerys File Plan of Reorganization and Disclosure Statement.
Asbestos Deliberations in June
May 14, 2020
On May 11, 2020, the U.S. Environmental Protection Agency announced that the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals (SACC) will meet from June 8 to 11, 2020 to peer review a draft risk evaluation for asbestos; the deliberations will be virtual, with participation by phone and webcast only. A previously announced virtual meeting for SACC to review the draft asbestos risk evaluation had been postponed by the EPA. Interested parties must submit requests to present evidence and/or monitor the sessions. See: SACC Will Peer Review Draft Risk Evaluation for Asbestos in June.
Asbestos Clinic Reopens
May 11, 2020
After weeks of being closed “to protect the area's uniquely vulnerable population (many of whom have asbestos-related respiratory conditions and lung disease),” the Center for Asbestos Related Disease (CARD) in Libby, Montana announced plans to reopen on May 11. All possible healthcare measures will be taken within the clinic to protect staff and patients from exposure to Covid-19. During the closure, CARD staff operated a drive-through Covid-19 testing station in the CARD parking lot, which allowed early identification of disease and provided a mechanism to limit exposure at other health facilities. See: Center for Asbestos Related Disease Set to Reopen on May 11, 2020.
Making the Political Personal
May 4, 2020
An article in The New Review discussed the political context in which the US marked Labor Day, May Day and Workers Memorial Day (IWMD). This year, IWMD had a special significance for the author as her 82-year old grandfather had just died from mesothelioma having been exposed to asbestos working at an iron powder factory. “Industrial workers like him were,” she wrote “four times more likely to contract the disease than members of the general population.” Speculating on whether his employers had known about the asbestos hazard, she wrote: “Yet even now, as the world grapples with an invisible plague, employers seem hell-bent on flouting safety regulations and cutting corners.” See: The Grim New Relevance of Workers Memorial Day.
Toxic Talc: NJ Update
Apr 30, 2020
A ruling handed down by U.S. District Judge Freda Wolfson on April 27, 2020 gave the green light for thousands of personal injury lawsuits to proceed in New Jersey against the Johnson & Johnson (J&J) company. J&J had tried to bar testimony by plaintiffs’ experts regarding the link between the use of its asbestos-contaminated talcum powder products and the occurrence of ovarian cancer. Wolfson’s decision will allow the introduction of epidemiological and anecdotal evidence as provided by the claimants explaining the link between personal hygiene practices and the occurrence of their cancers. See: U.S. judge rules talc lawsuits against J&J can proceed, testimony limited.
EPA Asbestos Remediation in NY
Apr 29, 2020
An alert uploaded on April 21, 2020 announced that the U.S. Environmental Protection Agency (EPA) had demolished an asbestos-contaminated building and removed approximately 200 tons of contaminated debris at an industrial park in the Town of Ulster, Ulster County, New York. This work – which was a collaborative effort between federal, state, and local governments – was undertaken under the auspices of an EPA Superfund program “to address the threat to public health from asbestos at this site and get this property on the path to productive reuse.” See: EPA Advances Superfund Cleanup Work at TechCity in Ulster County, New York.
Progress in Pennsylvania
Apr 16, 2020
Members of the Rockhill Environmental Preservation Alliance welcomed news that Hanson Aggregates Pennsylvania – the owners of Rockhill Quarry in Bucks County’s East Rockhill Township, Pa. – terminated the current lease. The environmental activists had been campaigning about the spread of naturally occurring asbestos which occurred as a result of mining operations at the site. It is not known whether the Rockhill Quarry will be permanently abandoned but local people welcomed the shutdown. State officials discovered asbestos at the quarry in December 2018. See: No mining, for now, at East Rockhill quarry where asbestos naturally occurs.
Victims’ Verdict in NY Appeal
Apr 15, 2020
On April 9, 2020, for the first time a verdict awarded by a New York jury in a case over toxic exposure to asbestos-contaminated talc was upheld by a panel of the First Department of New York’s Supreme Court, Appellate Division in a case brought on behalf of mesothelioma victim Florence Nemeth and her husband. Between 1960 and 1971, Mrs. Nemeth had been “exposed to billions or trillions of asbestos fibers” contained in Desert Flower Dusting Powder on a daily basis. She was diagnosed with peritoneal mesothelioma in November, 2012 and died in March, 2016. On August 22, 2017, the jury had awarded the Nemeths a total of $16.5 million, of which the defendant in that case was ordered to pay ~$3m; the panel increased this amount to $3.3m. See: Nemeth v Brenntag North America et al.
New Asbestos Litigation
Apr 10, 2020
This commentary by Kris Maher on an article published on March 17, 2020 entitled Asbestos Warnings Grow With Penn State Lawsuit, National Push, analyzed the fall-out for defendants from a lawsuit brought against Penn State University. The case was important for two reasons: it was the first filed against a university on behalf of a former employee and it was made possible due to a Pennsylvania court verdict in 2013 allowing employees to sue employers for negligence. Professor Peter Labosky Jr. died from mesothelioma in August, 2014, five months after diagnosis; his family alleged that his death had resulted from occupational exposure to asbestos. See: A Never Ending Story: Asbestos Exposure and Mesothelioma.
Progress in Pennsylvania
Apr 9, 2020
On February 19, 2020, by a vote of 6-1, the Pennsylvania Supreme Court issued a verdict in the case of Roverano v John Crane, Inc. which found that manufacturers and suppliers of asbestos-containing products must share liability equally (rather than allowing juries to allocate percentage of fault to each defendant as some courts had done). The plaintiff had contracted lung cancer as a result of exposure to asbestos material whilst employed as a carpenter by the PECO Energy Company; damages of $6.4 million were awarded by the jury to the plaintiff and his wife. See: The Roverano Effect: Pennsylvania Supreme Court clarifies apportionment of damages in multi-defendant asbestos cases.
Asbestos Alert!
Apr 2, 2020
On March 30, 2020, the Environmental Protection Agency (EPA) published a draft risk evaluation that found that: “workers, occupational non-users, consumers, and bystanders could be adversely affected by asbestos under certain conditions of use.” The EPA identified unreasonable risks to those: working in the chlor-alkali industry, processing asbestos-containing gaskets in chemical production and handling and/or disposing of asbestos-containing brakes, friction material and automotive linings. The findings will be peer reviewed by independent scientific experts before action is taken to address these hazards. See: Draft Risk Evaluation for Asbestos.
Plaintiff’s Verdict in Montana
Mar 31, 2020
On March 25, the Montana Supreme Court held that a workers compensation insurer was liable for claims from people who had worked at the Grace vermiculite plant in Libby, Montana. The factory was at the center of an epidemic of asbestos-related disease and death caused by the presence of asbestos fiber in the vermiculite ore. In 2017, a Montana Asbestos Claims Court ruled that Maryland Casualty – which had provided Grace with workers compensation insurance from 1963 to 1973 – was liable for damages for workplace-related asbestos injury to Grace workers. The insurer appealed, and the Montana Supreme Court unanimously upheld that ruling. See: Mine Workers’ Asbestos Suit Against Insurer Advanced by Montana High Court.
Call for Urgent Action
Mar 26, 2020
In mid-March, several US environmental organizations launched a lawsuit against the Environmental Protection Agency (EPA) for its alleged violation of the Toxic Substances Control Act (TSCA). The litigants asserted that instead of using changes made in 2016 to TSCA to protect the public, the EPA was using them to streamline approval for the new use of potentially dangerous chemicals. It had been hoped that the changes to TSCA would have seen the EPA finally ban the use of asbestos and asbestos-containing products to protect Americans from hazardous exposures which could cause deadly cancers and respiratory diseases. This did not happen. See: Trump’s EPA is being sued for hiding information about new chemicals.
Toxic Talc
Mar 18, 2020
A paper uploaded by the American Journal of Industrial Medicine on March 16, 2020 reviewed the cases of 75 people with mesothelioma whose only asbestos exposures were repeated exposures to cosmetic talcum powder. After extensive questioning, pathological testing, medical examinations and other procedures, the authors concluded that: “Mesotheliomas can develop following exposures to cosmetic talcum powders. These appear to be attributable to the presence of anthophyllite and tremolite contaminants in cosmetic talcum powder.” Due to the deadly nature of mesothelioma, it was suggested that: cosmetic talcs be withdrawn from the market as nontoxic alternatives are available. See: Malignant mesothelioma following repeated exposures to cosmetic talc: A case series of 75 patients.
Supreme Court Victims’ Verdict
Mar 16, 2020
On March 12, 2020, the Montana Supreme Court handed down a judgment upholding a 2019 court decision which found that the BNSF Railway Company was not immune to lawsuits brought by hundreds of plaintiffs injured by exposure to asbestos as a result of the company’s negligence. Lawyers for the claimants described the hazards posed by BNSF’s operations including the transport of asbestos-containing vermiculite, spillage of asbestos material along railway tracks and in the BNSF railyard and continued disturbance of the built-up spilled asbestos by the company’s trains and workers. See: Montana Supreme Court: BNSF Not Shielded from Liability in Libby Asbestos Cases.
Global Asbestos Trade Data
Mar 11, 2020
New data from the United States Geological Survey is now available online which show a continued decrease in the global production of asbestos in recent years: 2016 (1,280,000 tonnes/t), 2017 (1,170,000t), 2018 (1,150,000t) and 2019 (1,100,000t). The only countries still mining asbestos in 2020 are: Russia, China and Kazakhstan. Considering that global output in 2000 and 2010 was 2,035,150t and 2,005,400t respectively, the figure for 2019 is an indication of a dramatic collapse in worldwide demand for a substance widely acknowledged to cause a variety of cancers and respiratory diseases. See: Asbestos Statistics and Information.
Asbestos in Cosmetics
Mar 11, 2020
On March 9, 2020, the Food & Drug Administration (FDA) announced results from a year-long sampling exercise of cosmetics containing talc undertaken by AMA Analytical Services, Inc. under commission from the FDA which revealed that while 43 samples were negative, nine contained asbestos. Throughout 2020, the FDA will continue its program for blind testing and will announce any positive results. Commenting on the FDA’s plans, a spokesperson said: “Our work in this area is ongoing and we’ll continue to communicate with the public as we have updates to share.” See: FDA Releases Final Report on Cosmetics Tested for Asbestos.
Asbestos in Cosmetics
Mar 10, 2020
Last week, a petition organized by campaigning civil society groups in the US and supported by almost 25,000 people was submitted to the Food and Drug Administration (FDA); the signatories urged the FDA to mandate more sensitive methods for identifying asbestos fibers present in talc. As of now, it is not mandatory for cosmetic companies to test for asbestos. Recent discoveries of asbestos contamination of popular cosmetic products – including items marketed for children – have raised the level of public concern over this issue. See: Consumers Demand Mandatory Testing of Cosmetics for Asbestos.
Toxic Talc
Feb 28, 2020
A paper published in the current issue of the Journal of Occupational and Environmental Medicine described thirty-three cases of malignant mesothelioma among individuals with no known asbestos exposure other than cosmetic talcum. The authors of this study reported that: “Asbestos of the type found in talcum powder was found in all six cases.” In light of the finding that asbestos-contaminated talcum powders could cause mesothelioma, the researchers recommended that clinicians detail mesothelioma patients’ history of talcum powder use. See: Mesothelioma Associated with the Use of Cosmetic Talc.
Decrease in Asbestos Demand
Feb 17, 2020
Data released by the United States Geological Survey this month (February 2020) showed that global demand for asbestos fiber fell from 2 million tonnes (t) in 2010 to 1,100,000t in 2019. Russia remained the world’s biggest supplier of asbestos fiber producing 750,000t in 2019 with Kazakhstan 2nd at 200,000t and China 3rd at 125,000t. The main use of asbestos continues to be in the production of asbestos-cement building products such as corrugated roofing tiles, pipes and wall panels. See: U.S. Geological Survey, Mineral Commodity Summaries, January 2020 [pages 26 & 27].
Asbestos in Schools
Feb 13, 2020
The American Federation of Teachers has joined the Philadelphia Federation of Teachers (PFT) in calling for extra funding to remediate asbestos contamination of many of the city’s public schools, some of which have been forced to close due to hazardous conditions. The two groups are urging the School District of Philadelphia to hire up to 100 trained operatives as part of a rapid response team to identify and eliminate asbestos pollution in the city’s schools. The PFT is suing the school district over mishandling of the asbestos issue and endangering the lives of ~140,000 students and school employees. See: National teachers’ union calls for additional resources to address asbestos issue in schools.
Toxic Talc
Feb 10, 2020
On February 6, 2020, a jury in New Jersey ordered Johnson & Johnson (J&J) to pay $750 million in punitive damages in a case brought by four mesothelioma victims whose fatal cancers were caused by exposure to the company’s asbestos-contaminated baby powder. It is believed that the amount awarded will be reduced to ~$185 million because of a state cap on damages. At a previous trial, another jury awarded the claimants $37.2 million in compensation. J&J said the company would appeal the verdict. In January, J&J’s CEO Alex Gorsky testified for the first time at a jury trial regarding the alleged contamination of the baby powder. See: Jury orders Johnson & Johnson to pay $750 million in New Jersey talc case.
Testing Toxic Talc
Feb 5, 2020
On February 4, 2020, a hearing was held by the U.S. Federal Food and Drug Administration (FDA) to examine procedures used for the testing of talc powders and cosmetics for asbestos contamination. The FDA took this action in response to multiple findings of asbestos in Johnson & Johnson baby powder and cosmetic products; this was the first time in 50 years the FDA had investigated asbestos testing standards for these products. Significant recommendations made by members of the expert panel were disputed by industry spokesmen who said they would “would not improve product safety. See: U.S. government experts, industry spar over asbestos testing in talc.
Protecting Public Health
Feb 5, 2020
A paper published in the current issue of the BOHS journal Annals of Work Exposures and Health examined the public health hazard posed by workers inadvertently taking home toxic substances such as asbestos from their workplaces. Lessons learned from community health initiatives could, the authors, suggested empower workers and advocacy groups to help prevent contamination through participatory involvement when enacting and enforcing legislation; and also when constructing and implementing community-based screening and healthcare programs in order to improve health equity. See: Eliminating Take-Home Exposures: Recognizing the Role of Occupational Health and Safety in Broader Community Health.
Asbestos in Schools
Feb 3, 2020
In the run-up to publishing the state budget for 2020-21, on January 29, 2020 the Governor of Pennsylvania Tom Wolf announced plans to allocate $1 billion for remediation work on schools contaminated with asbestos and lead, saying: “Decades ago, well-intentioned Pennsylvanians constructed our homes, our schools, our water systems, and other structures out of asbestos and lead because we thought they were harmless… Now we know the serious harm both cause.” Schools would be able to access grants through the state’s Redevelopment Assistance Capital Program. See: Gov. Wolf calls for $1 billion to tackle lead and asbestos in schools across Pennsylvania.
Toxic Talc
Jan 28, 2020
On January 27, the CEO of Johnson & Johnson (J&J) Alex Gorsky told a New Jersey jury he had not read all the corporate documents regarding potential asbestos contamination of J&J baby powder. Gorsky was subpoenaed by lawyers representing three men and one woman with mesothelioma who claim that the cause of their illnesses was exposure to asbestos in J&J baby powder. A jury found for the plaintiffs in a liability trial and awarding them $37.2 million. This trial before a new jury is seeking punitive damages to punish J&J’s reckless behaviour. See: Johnson & Johnson CEO testifies he ‘did not read all the documents’ related to potential asbestos in baby powder.
Saint Gobain’s Asbestos Legacy
Jan 27, 2020
On January 23, a US affiliate of the French construction group Saint Gobain – formerly an international asbestos conglomerate – filed for Chapter 11 bankruptcy proceedings in an effort to constrain its asbestos liabilities; it was estimated that the North Carolina company of DBMP LLC was facing 60,000 asbestos claims related to products made or sold by CertainTeed Corp., which last manufactured asbestos containing products in 1992. According to reports: “For Saint-Gobain, the stay of litigation (which results once Chapter 11 is filed) means that all legal costs and indemnity payments related to DBMP’s asbestos claims will be suspended.” See: Saint-Gobain: U.S. affiliate files for Chapter 11 to resolve asbestos liabilities.
US Mesothelioma Treatment
Jan 24, 2020
There are more cases of malignant pleural mesothelioma (MPM) diagnosed in the US every year than in any other country. The authors of this paper examined the experience of seven patients and revealed areas where the medical treatment and support they had received had failed to address their physical and psychological needs. Concerns reported by multiple interviewees included: uncertainty about the future, the high symptom burden and the ability to adapt to their changing situation. The authors concluded that: “Timely, coordinated, and personalized care as well as skilled communication should be the cornerstone of care for persons with MPM.” See: The Lived Experience of Persons With Malignant Pleural Mesothelioma in the United States.
Asbestos in Schools
Jan 24, 2020
On January 22, 2020, the President of the Philadelphia Federation of Teachers, Jerry Jordan announced that the union was suing the school district over mismanagement of the asbestos, lead and other problems at the city’s schools. The lawsuit asked a judge to allow the union to hire environmental experts to assess the situation alongside district officials and to ensure that periodic testing was undertaken to monitor environmental safety. So far this year, six schools have been closed in Philadelphia due to the discovery of asbestos. Commenting on the failure of the authorities to adequately address the situation, a union lawyer said that: “The school district of Philadelphia is violating the law.” See: ‘We are not crying wolf’: Philly teachers union to sue district over asbestos, other hazards.
Toxic Talc
Jan 20, 2020
Advice from an expert panel convened by the US Food and Drug Administration (FDA) have, according to one legal expert: “shot several of J&J’s (Johnson & Johnson’s) defenses out of the water.” The panel endorsed asbestos testing standards for cosmetics that recommended that small mineral particles found in talc should be counted as potentially harmful, even if they were not asbestos, on the grounds that both were suspected of causing similar pathological reactions. The new recommendations will be discussed in February at the first FDA hearing on analytical methods for testing asbestos in cosmetics and talc since 1971. See: Government experts urge new talc testing standards amid asbestos worries.
Asbestos in Children’s Products
Jan 17, 2020
A laboratory analysis of eye shadow contained in a children’s make-up kit sold under the brand name Princess Girl’s All-in-One Deluxe Makeup Palette found more than 4 million asbestos fiber structures per gram. The tests were commissioned by the Washington D.C. based non-profit organization: Environmental Working Group (EWG). Commenting on these findings, an EWG spokesperson called on all US retailers including online outlets to recall these products and said: “Taking steps to safeguard children from exposure to one of the deadliest carcinogens in the world should always come before profits.” See: Alert: Tests Find High Levels of Asbestos in Children’s Makeup Kits.
Toxic Talc
Jan 6, 2020
On January 2, 2020, a lawsuit was announced by Hector Balderas, the attorney general of New Mexico, against Johnson & Johnson (J&J) which alleged that J&J targeted minority women and children despite being aware of the risks posed by asbestos contamination of its baby powder and other talc-based products. According to Balderas, J&J: “concealed and failed to warn consumers about the dangers associated with their talc products.” In a J&J statement, the company said it was reviewing the lawsuit and would “continue to defend the safety of Johnson’s Baby Powder, which is supported by decades of scientific evidence showing our talc is safe and free of asbestos.” See: Johnson & Johnson Sued Over Baby Powder by New Mexico.
Toxic Talc
Dec 9, 2019
A Reuter’s exposé detailed the ties between US officials and executives from talc-using companies. The article focused on an invitation-only 2018 meeting organized by the Federal Drugs Administration (FDA), entitled: “Asbestos in Talc Symposium”, which was addressed by industry experts and attended by industry personnel; requests to attend from non-industry personnel such as medical expert Dr. David Egilman, were rejected. For decades, the FDA – advised by the industry – had refused to test talc-containing products for asbestos. Finally, the FDA acted in 2019 as a result of which 33,000 containers of Johnson & Johnson baby powder were recalled. See: FDA bowed to industry for decades as alarms were sounded over talc.
Asbestos in School
Dec 8, 2019
Lea DiRusso, a Philadelphia teacher, announced plans to initiate a lawsuit over occupational exposure to asbestos which, she alleged, caused her mesothelioma. The 51 year-old was diagnosed with the fatal asbestos cancer in August, 2019; she had worked in the same school district for 30 years. Commenting on the lack of transparency regarding the asbestos contamination of her school, Ms. DiRusso said: “I was completely unaware, as are my colleagues and staff and students, that there even was asbestos present in the school building. I did not know the steam pipes behind me were wrapped in asbestos and I touched them.” See: Asbestos in Schools: Philadelphia teacher plans to sue district after cancer diagnosis….
Toxic Talc Withdrawn
Oct 21, 2019
It was announced last week that Johnson & Johnson, a company facing thousands of US lawsuits over asbestos contamination of their iconic baby powder, had withdrawn 33,000 bottles of the product from sale in the US due to a finding by the Food and Drug Administration of sub-trace levels of chrysotile (white) asbestos in a bottle purchased from an online retailer. This is the first time that the company has recalled its baby powder. Reports of these developments were published in Russian, Chinese, French, Italian and other languages. See: Johnson & Johnson recalls baby powder after asbestos found.
Toxic Talc
Oct 18, 2019
A study just published in the Journal of Occupational and Environmental Medicine substantiated the link between the use of asbestos-containing talcum powder, such as Johnson & Johnson’s iconic baby powder, and the occurrence of mesothelioma. The authors of the paper examined the cases of 33 people with mesothelioma whose only significant exposure to asbestos was through their use of talcum powder and concluded that the causation of their cancer had been that exposure. Commenting on their findings, co-author Jacqueline Moline said: “Everything points to cosmetic talc being the cause.” See: A New Study Suggests Tainted Talcum Powder Can Cause a Rare Cancer. Here's How That Could Play Out in the Courtroom.
Calls to Ban Asbestos NOW!
Oct 16, 2019
An opinion piece in the N.Y. Times by former administrators of the Environmental Protection Agency – Gina Wheeler and William Reilly – called for an urgent and immediate ban on asbestos, a substance killing ~40,000 Americans every year. The authors call on Congress to pass current legislation which bans all asbestos importation and use, without loopholes or exemptions, on the grounds of public safety. The draft prohibitions are progressing in the House of Representatives and the Energy and Commerce Committee will shortly have an opportunity to send it to the House for passage with bipartisan support. See: Asbestos Kills Nearly 40,000 Americans a Year. Ban It.
Asbestos in Transit Depot
Oct 7, 2019
A report published in early 2019 revealed that workers at the Metropolitan Transportation Authority’s (MTA) East New York bus depot in Brooklyn had been exposed to asbestos over decades; in addition, 20+ high school students may have been exposed. Originally, the findings were shared with MTA officials only; workers became aware of the presence of asbestos in the depot’s air vents recently. In 2017, asbestos had been identified in the building’s boiler room; it was removed in August 2018. Although the MTA said that the asbestos in the depot is not dangerous, it has posted signs saying: “DO NOT DISTURB…THE VIBRATION CLOTH MATERIALS ON THIS UNIT CONTAINS ASBESTOS.” See: New York City transit workers exposed to toxic asbestos for decades.
Schools Closed for Asbestos Abatement
Oct 2, 2019
On October 1, 2019, Danielle Floyd, the Philadelphia School District’s chief operating officer, announced that two Philadelphia schools were to be shut down for two days due to the presence of damaged asbestos-containing products; monitoring tests detected airborne asbestos in both premises. The discovery of the damaged asbestos occurred during a walk-through with School District and teachers’ union officials. Abatement work is being undertaken during the closure, with work beginning in the areas most accessed by school users. One thousand students attend both schools. See: Asbestos shuts down Ben Franklin/SLA school building.
Toxic Army Housing
Sep 28, 2019
A 37-page report published on September 5, 2019 detailing an investigation into the standard of housing for US Army personnel documented dismal conditions in which soldiers and their families lived, which included domestic exposures to asbestos-containing products, mold and lead-based paint. Asbestos products were widely used in all branches of the military. According to former US Army captain Aaron Munz: “Veterans and their families living in post housing built before the 1980s face potential health risks from their homes.” In response to one of the findings, the Army set up a registry to track health complaints related to military housing and held town hall meetings across the service. See: Department of the Army Inspector General Report - Assessment of Residential Communities Initiative.
Asbestos in Schools
Sep 12, 2019
On September 11, 2019, the Philadelphia Federation of Teachers (PFT) held a press conference at which it announced the union’s call for a $100 million program to remove asbestos from the city’s schools in the aftermath of the mesothelioma cancer death of a teacher exposed to asbestos at Meredith elementary and another local school. The money would pay for a city-wide program to address not only asbestos contamination but also the hazard posed by lead remaining in the buildings. According to the PFT, asbestos-containing material has been found in about 150 school buildings in the Philadelphia School District. See: Union Wants $100M for Asbestos Removal from Philly Schools after Teacher’s Cancer Diagnosis.
Toxic Cosmetics: Another Recall
Sep 10, 2019
Another scandal over asbestos contamination of cosmetics has been revealed by the US Food and Drug Administration (FDA) which last week advised consumers to stop using certain cosmetic products because of their toxic content. Beauty Plus Global, the company selling these products, issued a voluntary withdrawal of the of the following contaminated products: City Color Collection Matte Blush (Fuchsia), City Color Cosmetics Timeless Beauty Palette, City Color Bronzer (Sunset) and City Color Shimmer Bronzer (Caramel). In May 2019, the company recalled other asbestos-containing cosmetics after FDA tests. See: FDA Advises Consumers to Stop Using Certain Cosmetic Products.
Honeywell’s Asbestos Liabilities
Aug 28, 2019
The former Louisiana Attorney General Charles C. Foti has initiated an investigation of Honeywell International Inc. which on August 23, 2018 disclosed a $1,083 million underestimate of its asbestos-related liabilities. On October 19, 2018, the Securities and Exchange Commission announced that it was investigating Honeywell’s accounting practices for its asbestos-related liabilities as a result of which the company and some of its executives were sued in a securities class action lawsuit for allegedly failing to disclose material information. See: Honeywell Investigation Initiated by Former Louisiana Attorney General.
Asbestos at the White House
Aug. 22, 2019
It was announced on August 21, 2019 that asbestos removal operations at the White House have necessitated the relocation of the offices of several members of staff including Presidential daughter Ivanka Trump. Considering Donald Trump’s long-term love affair with the deadly dust and the refusal of his administration to prohibit its use – as has been done by all other G7 countries – this work would appear to be something of a waste of money. If asbestos removal is required at the White House, what about the thousands of US schools, hospitals and public buildings which contain it? See: Ivanka Trump, Kellyanne Conway, and other top Trump aides have had their White House offices relocated to remove potential asbestos.
Chrysotile Asbestos and Laryngeal Cancer
Aug 22, 2019
The findings of US researchers contained in the paper referenced below, which was uploaded to the website of Modern Pathology on August 5, 2019 confirmed the link between exposure to chrysotile (white) asbestos and the occurrence of laryngeal cancer. The authors of the text concluded that: “The presence of asbestos fibers in the epithelial tissue surrounding laryngeal SCC [squamous cell carcinoma] in cases with a history of occupational asbestos exposure adds a key line of physical evidence implicating asbestos as an etiologic factor.” See: Chrysotile fibers in tissue adjacent to laryngeal squamous cell carcinoma in cases with a history of occupational asbestos exposure.
Federal Funding for Asbestos Clinic
Jul 26, 2019
Federal funding of $2.5m for the Center for Asbestos Related Disease (CARD) Clinic in Libby, Montana has been announced, to sustain a pioneering medical screening program for local people who were exposed to asbestos liberated during the operations of the W.R. Grace & Co. vermiculite mine. The money, which is being provided by the Department of Health and Human Services, will be used to pay for chest x-rays, breathing tests and the Clinic’s operational costs as it provides support and security for the population of Libby; hundreds of townspeople have died from asbestos-related diseases and many more have been diagnosed with these diseases. See: Clinic gets $2.5M for asbestos screening.
Asbestos and Car Mechanics
Jul 22, 2019
A new report by the US newspaper Seattle Post revealed that 1 in 10 auto mechanics are at risk of contracting an asbestos-related disease (ARD) from workplace exposures to asbestos in brakes, heat seals and clutches: “dust found in repair shops and garages contained 2.26%-63.8% asbestos… high amounts of asbestos fibers were found in 75% of shops that performed clutch and brake repairs regularly.” According to recent research undertaken by Dr. Murray Finkelstein, who disputed findings of previous studies that “proved” brake dust did not cause asbestos cancer, auto mechanics have an elevated risk of contracting an ARD. See: Car Mechanics Still Face Asbestos Exposure Risks.
Ovarian Cancer and Mesothelioma Incidence
Jul 19, 2019
US researchers studied the occurrence of mesothelioma and ovarian cancer in various states using data sourced from the Centers for Disease Control and Prevention National Program for Cancer Registries and the National Cancer Institute Surveillance, Epidemiology, and End Results Program. They found that the incidence of ovarian cancer tended to be higher in states with high mesothelioma incidence and concluded that: “ovarian cancer incidence was positively correlated with mesothelioma incidence, suggesting asbestos may be a common exposure.” The authors of the paper urged that steps be taken to protect people from asbestos exposures at work, at home, at school and in the community. See: Geographic Co-Occurrence of Mesothelioma and Ovarian Cancer Incidence.
Ban Asbestos, Say 18 States
Jul 16, 2019
A letter sent on July 12, 2019 by Attorney Generals from 18 US States to high-ranking members of the House of Representatives called on them to support moves for a national ban on asbestos. H.R. Bill 1603 would prohibit the manufacture, processing, and distribution of asbestos in the US, effectively reinstating the ban the Environmental Protection Agency adopted in 1989 and later vacated as a result of industry-backed litigation. The letter was addressed to members of the H.R. Committee on Energy and Commerce and Subcommittee on Environment and Climate Change. See: 18 States Call on Congress to Ban Asbestos!.
Toxic Talc
Jul 16, 2019
According to news reported by Bloomberg online, the U.S. Justice Department and a grand jury in Washington are investigating whether Johnson & Johnson (J&J) officials knew about the cancer risk of the asbestos contamination of their products. The criminal investigation had not been reported previously and the news of this action has impacted on the company’s share price. There are estimated to be 14,000 lawsuits ongoing alleging that the use of J&J’s baby powder caused cases of the asbestos cancer mesothelioma and ovarian cancer. See: J&J Denials of Asbestos in Baby Powder Spur Criminal Probe.
Asbestos Use in Trumpworld
Jul 11, 2019
A commentary in the July 10, 2019 issue of the New England Journal of Medicine has detailed the threat posed by the Trump administration’s liberalization of regulations on the use of asbestos-containing products and warned of the hazards posed by “the continued use of asbestos in chemical manufacturing as well as in gaskets and brakes,” the renewal of asbestos mining, and continued import of asbestos. “We fear,” the authors conclude “that another generation of American workers will be exposed to asbestos and that a new wave of unnecessary, preventable diseases and deaths will follow.” See: A Most Reckless Proposal — A Plan to Continue Asbestos Use in the United States.
Asbestos Challenge to EPA
Jul 3, 2019
On July 1, 2019 the California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey and 9 other State Attorney Generals filed a lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) failure to initiate rulemaking to regulate asbestos. The litigants had previously petitioned the EPA to implement new protocols for data collection on asbestos import and use (Full 63-page complaint). See: Attorney General Becerra Files Lawsuit to Force EPA to Issue Rule on Toxic Asbestos.
Toxic Talc Verdict
Jun 14, 2019
On June 12, 2019 a jury in Oakland, California awarded mesothelioma sufferer Patricia Schmitz $12 million against Johnson & Johnson (J&J) and Colgate-Palmolive for their negligence in causing the disease which she contracted through a lifetime’s use of Johnson & Johnson’s iconic baby powder and Colgate-Palmolive’s Cashmere Bouquet both of which contained asbestos fibers. J&J spokeswoman Kimberly Montagnino has said the company will appeal the verdict due to “serious procedural and evidentiary errors in the proceeding that required us to move for mistrial on multiple occasions…”; Colgate-Palmolive also plans to appeal. See: California Jury Awards $12M in Talcum Powder Case Against J&J, Colgate-Palmolive.
Recall of Asbestos Cosmetics
Jun 10, 2019
On June 6, 2019, the US Food and Drug Administration (FDA) – the federal agency responsible for protecting public health by ensuring the safety of food, drugs, cosmetics etc. – reported that two US companies had agreed to withdraw from sale cosmetic products which had tested positive for the presence of asbestos. The recalled products, which had been sold by the companies: Beauty Plus Global and Claire’s Stores, Inc., included Contour Effects Palate 2 from the former and JoJo Siwa Makeup Set from the latter. See: FDA Advises Consumers to Stop Using Certain Cosmetic Products.
Toxic Talc: Another Mesothelioma Case
Jun 3, 2019
A Manhattan jury last week awarded the sum of $325 million, which included $300 in punitive damages, to claimant Donna Olson – who is dying from mesothelioma, a cancer contracted from exposure to Johnson & Johnson’s (J&J) baby powder – and her husband Robert. For decades, Mrs. Olson used the iconic product as part of her hygiene routine. Commenting on the first New York City verdict in a case involving asbestos exposure to J&J’s baby powder, Mrs. Olson’s lawyer said: “With this verdict, yet another jury has rejected J&J’s misleading claims that its talc was free of asbestos.” The company will appeal. See: Ex-Brooklyn resident wins $325M in Johnson & Johnson tainted baby powder suit.
Connecticut Working to Ban Asbestos
May 28, 2019
On May 24, 2019, a bill to ban the sale and use of asbestos in building materials was proposed by Connecticut State Senator Matt Lesser who said that in the light of moves by the Trump Administration's EPA, legislation to protect the public health of Connecticut’s citizens and the environment from toxic exposures to asbestos were of utmost importance. The State Senate unanimously adopted Senate Bill No. 47 and the proposal now goes to the state House of Representatives for consideration. Once approved, it will require the signature of Governor Ned Lamont. See: Sen. Lesser Asbestos Bill Passes Senate.
Campaign by Yale Alumni
May 28, 2019
Alumni of Yale University continue to press the college to rescind an honorary Doctorate of Humane Letters awarded in 1996 to Swiss asbestos billionaire Stephan Schmidheiny after the latest guilty verdict against him over asbestos-related deaths in Italy was handed down by a Turin Court. Although Yale says it has never revoked an honorary degree and is not inclined to change this policy, University Vice President Kim Goff-Crews has agreed to meet with Daniel Berman, one of the leaders of this campaign, when he is at Yale for his 50th reunion on June 7, 2019 “out of respect for your many years of engagement on behalf of workers’ health and your membership in the Yale community.” See: Alumni ask Yale to revoke honorary degree.
Chrysotile and Mesothelioma Causation
May 22, 2019
Three American researchers published findings in the American Journal of Industrial Medicine on May 13, 2019 confirming that “statistically significant associations were observed between mortality from all pleural cancer (including mesothelioma) and time since first exposure … to asbestos…” The co-authors concluded that their observations “support with quantitative data the conclusion that chrysotile causes mesothelioma and encourage exposure-response analyses of mesothelioma in other cohorts exposed to chrysotile.” See: Quantitative relationships of exposure to chrysotile asbestos and mesothelioma mortality.
Ill-Founded Asbestos Policy
May 13, 2019
In a high-profile expose published on May 8, 2019, the New York Times (NYT) reported that senior officials at the Environmental Protection Agency (EPA) ignored advice of in-house scientific experts when it issued a ruling restricting but not banning asbestos in April 2019. In memos dated August 10, which were reproduced by the NYT, EPA advisors urged the Agency to ban asbestos as most other industrialized countries have done “because the extreme harm from this chemical substance outweighs any benefit – and because there are adequate alternatives to asbestos.” Commenting on the EPA’s actions, a former Agency official said that disregarding the advice of career scientists on an issue as complex as asbestos was unusual. See: E.P.A. Leaders Disregarded Agency’s Experts in Issuing Asbestos Rule, Memos Show.
Mesothelioma Registry
May 3, 2019
On April 8, 2019, The (US) National Institute for Occupational Safety and Health, (NIOSH), within the Centers for Disease Control and Prevention, opened a consultation period on the feasibility of establishing a national registry to track mesothelioma cases, with a deadline of July 8, 2019 for the receipt of submissions. NIOSH is soliciting recommendations on procedures and protocols for the collection of data, the maintenance of the registry and the provision of security. The objective of this initiative is to “develop and improve standards of care and to identify gaps in mesothelioma prevention and treatment.” See: Mesothelioma Registry Feasibility; Request for Information.
Asbestos Stalemate in US
Apr 5, 2019
In testimony given before a Senate appropriations committee on April 3, 2019, Andrew Wheeler – head of the US Environmental Protection Agency (EPA) – refused to support national prohibitions on asbestos. Asked by Senator Tester how long would it take after the EPA’s current risk assessment on asbestos was completed for the EPA to pull asbestos off the market, Wheeler would not “commit to a timetable.” Given the public support for asbestos provided by President Trump on numerous occasions, it is unlikely that the EPA will take any action no matter what the risk assessment concludes. See: In Senate Hearing, EPA’s Wheeler Rejects Call to ban Asbestos, Dodges Risks from PFAS Chemicals.
Asbestos Trade Data
Apr 3, 2019
Aggregated preliminary estimates for the global asbestos trade in 2017 and 2018 have been uploaded to the website of the United States Geological Survey and show a slight decline in annual asbestos production from 1,170,000 tonnes (t) in 2017 to 1,100,000t in 2018. According to the data reported, much of which is based on estimates, in 2018 four asbestos producing countries mined the following tonnages: Russia 650,000t, Kazakhstan 220,000, Brazil 100,000 and China 100,000. Additional data for 2018 – including national consumption figures – should be available later in the year. See: 2019 Asbestos Trade Data by the United States Geological Survey.
Mesothelioma Research: Breakthrough?
Apr 2, 2019
On March 31, 2019, a new protocol for treating mesothelioma tumors was discussed at an American Association for Cancer Research conference in Atlanta, Georgia. CAR T-cell therapy uses a patient’s genetically modified cells to attack blood cancers and solid tumors. A year ago, it was used to treat a Florida mesothelioma sufferer with promising results. In him and other mesothelioma patients on the phase 1 clinical trial, there were no severe side effects. Grants from the US government and foundations paid for the work and a larger study is planned. See: Immune system therapy shows promise fighting cancer.
NJ to BAN Asbestos
Apr 1, 2019
On March 25, 2019, the Assembly of the US State of New Jersey (NJ) unanimously passed bill A 4416 which prohibits the sale or distribution of products containing asbestos within the State; a few weeks earlier (February 21) an identical bill had unanimously been passed by the NJ Senate. When signed by Governor Phil Murphy, the legislation will empower NJ’s Department of Environmental Projection to enforce the prohibitions; failure to comply, will result in a financial penalty of $2,500 per offence to negligent companies. See: New Jersey legislature passes asbestos in products ban.
Supreme Court Victory
Mar 21, 2019
In a ruling handed down by the US Supreme Court on March 19, 2019, by a 6:3 majority the Court ruled that under maritime law manufacturers had a duty to warn about the dangers posed by asbestos subsequently added onto their products by third parties. The case was brought on behalf of Kenneth McAfee and John DeVries, two Navy veterans, who were exposed to asbestos on ships and developed cancer. As the decision, unfortunately, is limited to maritime law, to be covered an injured party must have been a sailor or employee of a maritime shipping company. See: US Supreme Court ruling: Air & Liquid Systems Corp. et al. v. Devries, individually and as administratrix of the estate of Devries, deceased, et al.
Improving Oversight on Cosmetics
Mar 20, 2019
Last week, US Representative Debbie Dingell introduced a bill that would mandate makers of cosmetics marketed to children to provide evidence to the Food and Drug Administration (FDA) that they are asbestos free or include a written warning to parents about the potential risk. Representative Jan Schakowsky, a co-sponsor of the bill, said that Americans are unaware that personal care products are among the least-regulated items on the market and that the FDA lacks the authority to force the recall of toxic products. See: Kids cosmetics would carry toxin warning label under Dingell bill.
Asbestos Alert to Congress
Mar 19, 2019
In testimony by medical experts and health campaigners given on March 12, 2019 to the US House Oversight and Reform Committee, politicians were warned of the human health hazard posed by asbestos fibers in talc-based cosmetics and personal care products. In light of recent findings of asbestos in cosmetics and make-up sold by the US chain of Claire’s by the Food and Drug Administration (FDA), urgent calls were made for increased FDA oversight of talc-based goods “to ensure that products are safe and free from dangerous substances like asbestos before putting them on the market.” See: More Oversight needed for Cosmetics with Talc .
One More Claimant’s Verdict!
Mar 15, 2019
After a nine-week trial which began on January 7, a California jury awarded $29 million to Terry Leavitt, a mesothelioma plaintiff who claimed that exposure to asbestos-tainted Johnson & Johnson (J&J) baby powder in the 1960s and 1970s caused her deadly cancer. The company plans to appeal the March 13 verdict, alleging that “serious procedural and evidentiary errors” took place during the proceedings in the superior court in Oakland. J&J is facing more than 13,000 talc-related lawsuits from US claimants. See: Woman awarded $29m in damages in Johnson & Johnson cancer case.
Alert: Asbestos in Cosmetics
Mar 12, 2019
Following a statement issued on March 5, 2019 by the US Food and Drug Administration that the presence of asbestos fibers had been confirmed by independent testing in products sold by Claire’s Accessories – Claire’s Eye Shadows (batch/lot No: 08/17), Claire’s Compact Powder (batch/lot No: 07/15) and Claire’s Contour Palette (batch/lot No: 04/17) – the company withdrew nine talc-based cosmetic products from the market out of “an abundance of caution.” The company’s voluntary withdrawal from sale of these goods was followed by a voluntary product recall on March 13. See: Statement from FDA… on tests confirming a 2017 finding of asbestos contamination in certain cosmetic products….
Scandal: US Asbestos Exemptions
Feb 1, 2019
The Attorneys General (AGs) from 15 US states are petitioning the Environmental Protection Agency (EPA) to introduce a mandatory reporting rule that will require US asbestos importers to furnish the EPA with more data on its use; currently, asbestos importers are exempt from having to provide the EPA with information about imports of raw asbestos or products containing it. The AG from Massachusetts Maura Healey said: “Each year, tens of thousands die from exposure to asbestos. We urge Acting Administrator Wheeler to issue a rule that will protect the lives of thousands of workers, families and children in Massachusetts and across the country.” See: 15 AGs petition Trump administration to draft asbestos rule.
Toxic Talc: Update
Feb 1, 2019
On January 29, 2019, U.S. Senator Patty Murray – the top Democrat on the Senate Committee on Health, Education, Labor and Pensions – sent a letter to Johnson & Johnson (J&J) asking for information related to allegations that for decades the company had known about the presence of asbestos in its talc-based baby powder but had nevertheless continued to sell this product. A spokesman for the company acknowledged receipt of Murray’s letter which requested documents and information related to testing of J&J talc products for the presence of carcinogens and “how it presented that information to regulators and consumers.” See: US senator asks J&J for documents on talc, baby powder safety.
Professor at Large
Jan 25, 2019
An article about the work of Professor David Egilman highlights the impact of his work to document corporate crimes – including those which exposed workers and member of the public to asbestos – over a 35 year career. “He is,” said one colleague “outspoken, unorthodox, brilliant – and driven to right wrongs.” Also discussed is the fate of a renowned publication – the International Journal of Occupational and Environmental Health – that had been edited by Egilman for many years before it was acquired by a publisher who terminated Egilman's contract and withdrew a peer-reviewed paper by him that the journal had already published. An action that resulted in the resignation of the entire editorial board. See: Expert witness David Egilman wins billions—and makes enemies—as he fights companies over public health.
Toxic Talc
Jan 9, 2019
On January 7, 2019, opening statements were made in an Oakland, California court in the latest case brought over asbestos contamination of Johnson & Johnson (J&J) baby powder. The lawsuit was brought on behalf of mesothelioma sufferer Terry Leavitt; she was born in the Philippines and believes that she was exposed to J&J cosmetic talc from South Korea mines as a baby. Her lawyer Joe Satterley told the jury: “testing of Asian talc samples from the 1960s and 1970s by his own expert would show Korean-mined talc tested positive for asbestos fibers, as has talc from U.S. Sources”. See: Latest trial in J&J talc litigations gets under way in California.
EPA Rejects Petition
Jan 4, 2019
On December 21, 2018, the US Environmental Protection Agency (EPA) rejected a September 2018 petition requesting increased reporting on asbestos uses and the elimination of certain exemptions which allow some uses to go unreported. The EPA was confident it was “ aware of all ongoing uses of asbestos” and “did not think that lifting or modifying any existing reporting exemptions… would result in the agency receiving new information that would change its understanding of asbestos’s use.” The EPA notification said the petitioners had not demonstrated a sufficient case to compel the disclosure of “confidential business information protection.” See: EPA denies petition for expanded TSCA asbestos reporting.
Toxic Talc
Dec 17, 2018
Massive global media coverage has been generated by news of research by Reuters which showed that the US multinational Johnson & Johnson (J&J) had hidden knowledge about the asbestos content of its iconic baby powder for decades. Government memos, corporate documents, laboratory results, interviews and other sources are discussed showing a long-term conspiracy to neutralize adverse criticism, deny non-favorable scientific findings and avoid liabilities for asbestos-related deaths such as those from mesothelioma or ovarian cancer amongst users of J&J baby powder. See: Johnson & Johnson knew for decades that asbestos lurked in its Baby Powder.
Mesothelioma Amongst Veterans
Dec 6, 2018
A paper uploaded on December 4, 2018 to the website of the International Journal of Radiation Biology examined the incidence of mesothelioma amongst former military personnel who were present during above-ground nuclear weapons testing held between 1945 and 1962. The researchers reported that: “Although jobs with high potential for exposure to asbestos products were held by only 20% of the enlisted naval population, sailors with these jobs (machinist's mate, pipe fitter, boiler technician, water tender and fireman) experienced 55% of mesothelioma deaths.” See: Asbestos Exposure and Mesothelioma Mortality among Atomic Veterans.
Rising Asbestos Losses
Dec 3, 2018
A US report issued on November 28, 2018 which reported that asbestos and environmental claims continued to grow, estimated total losses from these categories at $146 billion. There was an average of additional asbestos losses per year between 2013 and 2017 of $1.9 bn: “‘Quantifying the industry’s ultimate loss exposure is difficult, given the significant advancements in medical effectiveness, as well as developing litigation strategies,’ said the report, which states its net ultimate asbestos loss estimate of $100 billion remains the same.” See: Asbestos, environmental losses continue to grow: A.M. Best.
US Inc. vs Asbestos Victims
Nov 5, 2018
The June 2018 article referenced below is a scathing and incisive commentary on the multiplicity of ways US vested interests are progressing corporate profits at the expense of asbestos victims. Highlighted in this piece was the work of the American Legislative Exchange Council (ALEC). Draft ALEC legislation to restrict the legal rights of dying asbestos victims found favour amongst Republican politicians including Missouri state Rep. Bruce DeGroot and others of his ilk in Ohio, Oklahoma, Wisconsin, West Virginia, Arizona, Texas, Utah, Tennessee, South Dakota, North Dakota, Iowa, Mississippi, Michigan, Kansas, and North Carolina. See: ALEC’s Deadly Asbestos Agenda Benefits Koch Industries, Nationwide.
Trump vs. Asbestos Victims
Oct 31, 2018
Asbestos bankruptcy trusts, which since the 1980s paid out more than $17 billion to millions of US victims suffering from asbestos-related diseases, are being attacked by the Trump administration which is alleging that they lack sufficient safeguards and allow fraudulent claims to succeed. In the last two months, the Justice Department launched a civil investigation pursuant to which it demanded the submission of trust documents and opposed the creation of another trust, citing insufficient information about “how asbestos claims will be evaluated, paid and reported" and how fraud would be prevented. See: US steps up scrutiny of funds for asbestos exposure victims.
Asbestos Claims Up by $1.1bn
Oct 22, 2018
News was released last week that the US Securities and Exchange Commission had on September 13, 2018 launched an investigation into the accounting procedures of the US multinational Honeywell International Inc. after the company admitted that its asbestos-related liabilities had been underestimated by US$1.1bn. The revised figure for Honeywell’s asbestos liabilities is $2.61bn after amending the cost for asbestos claims against its subsidiary Bendix Corporation, a manufacturer of automotive brake shoes and systems. See: SEC Opens Investigation Into Honeywell’s Asbestos Accounting.
Nonoccupational Exposure
Oct 15, 2018
On October 11, 2018, the Supreme Court of Virginia issued a 4:3 ruling in the case of Quisenberry v. Huntington Ingalls which confirmed the responsibility of an employer for asbestos injuries sustained by an employee’s family member, declaring that the company also had a duty of care to nonemployees. The case was referred to the Court by U.S. District Judge Arenda Allen of the Eastern District of Virginia who asked for clarification regarding the employers’ liability for asbestos exposure to the nonemployee. The case has now been referred back to Judge Allen. See: Split Virginia Supreme Court Finds Duty of Care for Asbestos Exposure to Nonemployees.
Asbestos in Schools
Sep 19, 2018
On September 17, 2018, a report by the US Environmental Protection Agency (EPA) documented a significant failure to protect schoolchildren and teachers from hazardous exposures to asbestos (see also: one-page summation of ongoing failures by the EPA to perform “sufficient compliance inspections of schools to reduce asbestos exposure”). See full 26-page EPA report: EPA Needs to Re-Evaluate Its Compliance Monitoring Priorities for Minimizing Asbestos Risks in Schools.
EPA’s Asbestos Scandal
Aug 9, 2018
A flurry of articles appeared this week highlighting the effects of the change in direction by the Environmental Protection Agency (EPA) regarding the use of asbestos, a carcinogenic substance which President Trump has defended on multiple occasions. In his book: The Art of the Comeback (1997), Trump wrote that asbestos was “100 percent safe, once applied.” A Rolling Stone feature entitled “More Asbestos! More Asbestos! More Asbestos!” highlighted an episode of The Simpsons in which those words were the rallying cry for a school election campaign. See: More Asbestos! More Asbestos! More Asbestos!.
Asbestos Comeback?
Aug 8, 2018
Under a rule which came into force on June 1, 2018 enacted by the Environmental Protection Agency (EPA) – Significant New Rule (SNUR) – the use of new asbestos-containing products has become a real possibility. SNUR, which gives the upper hand to chemical manufacturers, allows producers to apply on a case-by-case basis for permission to incorporate asbestos, a substance banned in most other industrialized nations, into products. As shocking as this is, it just another one of the outrageous actions being taken to roll back health and safety protections under the Trump Administration. See: EPA is now allowing asbestos back into manufacturing.
Thinking the Unthinkable!
Aug 1, 2018
A commentary published on July 31, 2018 asserted that under the pro-asbestos Trump administration, the use of carcinogenic asbestos products might increase; the Environmental Protection Agency’s “Significant New Use Rule” enacted on June 1, 2018, allows companies to petition the federal government for permission to use new asbestos-containing products on a case-by-case basis, even though a 2016 amendment to the Toxic Substances Control Act mandated that the EPA prioritize a risk evaluation of the use of asbestos and 9 other substances. See: Under Trump’s EPA, asbestos might be making a comeback.
NY Explosion: Assigning Fault
Jul 30, 2018
The asbestos fallout from the July 19, 2018 explosion of an asbestos-lined steam pipe in Manhattan was just one of a series of such events to have occurred since 1989. Despite knowledge that the asbestos-lined fifty-year old pipes which make up the 100 miles of steam lines under Manhattan were deteriorating, no action had been taken by the New York City administration or the Con Edison utility company. In a July 27th article, author G, Dunkel calls for the immediate replacement of all the asbestos pipes. See: Crumbling infrastructure spewed deadly asbestos.
Asbestos Risk in Manhattan
Jul 27, 2018
An article in the New York Times about the public health risk posed by asbestos liberated during the explosion – on July 19, 2018 – of a steam pipe in the Flatiron district of Manhattan quotes several experts who downplay the adverse health consequences of these exposures to people living or working in the area. Those at greater risk are, according to occupational physician Dr. Philip Landrigan, people “like Con Edison employees who have worked in the tunnels for years and now may be called in to help clean up the mess.” See: How Dangerous Is Asbestos From the Steam Pipe Explosion in New York?
Post-blast Asbestos Concerns
Jul 20, 2018
In the early morning yesterday (July 19, 2018) a blast in the Flatiron district of lower Manhattan released asbestos into the environment; reports confirmed that asbestos had lined the steam pipes which exploded. The Mayor of NY Mr. de Blasio told New Yorkers: “We’re going to work from an abundance of caution… Now that we know there’s asbestos present, we’re not going to cut any corners. We’re going to be very thorough.” It is expected that asbestos remediation will continue until the weekend in the “hot zones,” near the blast site. See: Asbestos from Manhattan steam pipe blast forces evacuations.
Asbestos Liabilities Increasing
Jul 20, 2018
The estimate for US asbestos-related losses due to claims and litigation has risen to an all-time high of $100 billion according to Fitch Ratings Inc., one of the world’s biggest credit rating agencies, according to news circulated on July 16, 2018. With US asbestos imports increasing and asbestophile Donald Trump in the White House, it is likely that asbestos-related claims will continue for the foreseeable future. See: Fitch raises asbestos claims estimate to $100bn.
Award for Omana!
Jul 17, 2018
Omana George has been honoured this month by being named the recipient of the Leslie Nickels International Health & Safety Award by the Occupational Health and Safety Section of the American Public Health Association (APHA). Ms. George has been a key force in progressing grassroots efforts throughout Asia to protect workers and members of the public from dangerous processes and substances – e.g. asbestos – during her years at the Asia Monitor Resource Center. The award will be presented at APHA’s 146th Annual Meeting & Expo from November 10 to14, 2018 in San Diego, California. See: News release of the Occupational Health and Safety Section of the American Public Health Association. Annual Awards 2018. July 13, 2018.
Toxic Talc: US Victory
Jul 16, 2018
Last week, after 6 weeks of testimony a jury in St. Louis, Missouri awarded $4.69 billion to 22 women and their families who claimed that decades of daily use of Johnson & Johnson’s (J&J) asbestos-contaminated talcum powder caused their ovarian cancer; this is the first US case to be decided regarding the causation of ovarian cancer by toxic talc. The six man and six woman jury deliberated for eight hours and decided that the plaintiffs should receive $550 million in compensatory damages and $4.14 billion in punitive damages from the company. The news of this huge victory has been reported all over the world including Russia, Brazil, China and throughout Europe. See: St. Louis jury returns $4.69 billion verdict in first trial linking baby powder, asbestos and ovarian cancer.
Asbestos Imports
Jul 13, 2018
President Trump’s administration has imposed US tariffs on $200bn of Chinese exports including commonplace items such as luggage, shampoo, fish, fruit and wood. On page 43 of the 205 page document listing the new restrictions are Crocidolite (blue) asbestos (HTSUS code 2524.10.00) and Asbestos other than crocidolite (HTSUS code 2524.90.00). According to the most recent asbestos data from the US Geological Survey, the sole type of asbestos imported into the country is chrysotile (white). Clarification is now being sought. See: Request for Comments Concerning Proposed Modification of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.
Russian–US Asbestos Ties
Jul 11, 2018
A commentary detailing the asbestos connections between Russia and the US in the run-up to the upcoming Putin–Trump summit in Helsinki points out that Russia is poised to become the biggest asbestos exporter to the US now that Brazil has banned asbestos. On June 25, a Russian asbestos producer Uralasbest went as far as publicly thanking Donald Trump for his support of their industry in a Facebook post. The same day, Kostanai Minerals, the largest chrysotile asbestos producer in Kazakhstan, shared the Uralasbest post on its Facebook page. See: Russian Asbestos Giant Praises Trump Administration Actions to Keep Deadly Carcinogen Legal.
Asbestos Documentary
Jul 6, 2018
A film review in the current issue of The Lancet considers a 2018 US documentary entitled Dirty Laundry about the quest of two cousins to understand their grandmother’s death from mesothelioma, a cancer caused by exposure to asbestos. Although the piece by Caroline Lucas is somewhat critical of the filmmakers failure to get to grips with the extent of the corporate greed responsible for the deadly contamination of Libby, Montana, it concludes on a more positive note saying: “Dirty Laundry represents a new generation of awareness raising in the grassroots anti-asbestos movement in the USA, which is much needed as the delayed effects of exposure come home to roost.” See: Miracle mineral of mesothelioma: cancer and asbestos in the USA.
Toxic Talc Condemned!
Jul 2, 2018
On June 29, 2018, New Jersey Superior Court Judge Ana C. Viscomi upheld a plaintiff’s verdict totalling $117 million in damages against Johnson & Johnson and its talc supplier in a landmark mesothelioma case brought by Stephen Lanzo III and his wife. Commenting on this development, the Lanzos’ lawyer Moshe Maimon said: “both Johnson & Johnson and Imerys knew of the asbestos in the talc and designed and implemented testing programs intended not to detect it. Both defendants were warned of the dangers of asbestos — but chose not to warn the innocent users of their products. All the while a perfectly safe alternative — corn starch — was available.” See: J&J, Talc Supplier Can't Escape $117M Verdicts In NJ.
Trump EPA: Not Fit for Purpose
Jun 25, 2018
Legislation passed two years ago under President Obama. intended to streamline measures for the regulation of toxic chemicals by the Environmental Protection Agency (EPA), has been under sustained attack by the Trump EPA which has announced that “legacy uses, associated disposals, and legacy disposals will be excluded,” from risk evaluations as will “asbestos-containing materials that remain in older buildings.” It looks like the use of the “magic mineral,” which is causing nearly 40,000 deaths per year in the US, will continue as will the imminent hazard posed by asbestos-containing products incorporated in the national infrastructure and asbestos waste dumped throughout the country. See: As Asbestos Toll Mounts, Trump’s EPA Ignores It.
Asbestos at School
Jun 15, 2018
The bad news regarding the horrendous asbestos exposures experienced by students and teachers in Philadelphia schools continues. A new feature in The Inquirer documented astronomical levels of asbestos on damaged surfaces in classroom 106 at the A.S. Jenks Elementary School: “an alarming 1.15 million asbestos fibers per square centimeter. That’s far higher than the 100,000 measure that experts say requires immediate action.” Teacher Maria Greco, who had been informed classroom 106 had been remediated, found dust and disrepair; as a result of her persistent enquiries, it was revealed that no work had been done and her classroom was still a toxic nightmare. See: Solving the mystery of Room 106.
EPA Whitewash
June 8, 2018
Proposals announced on June 1, 2018 by the US Environmental Protection Agency (EPA) are being disparaged by campaigners who condemn the EPA’s failure to consider the health risks and imminent hazard posed by asbestos incorporated within the national infrastructure. The EPA plans stipulate that only new uses of asbestos must be evaluated and approved. According to one Congressman, the: “EPA’s refusal to address longstanding concerns around the use and disposal of asbestos is further proof that Administrator Pruitt will bend over backwards to help industry, but won’t lift a finger to protect public health.” See: EPA Takes Three Important Steps to Ensure Chemical Safety Under the Lautenberg Act, Proposes Action on Asbestos.
Schools: Asbestos Blackspots
Jun 7, 2018
An investigation by a newspaper group in Philadelphia which monitored levels of asbestos at 19 rundown schools has found that the situation has worsened in Olney Elementary School where tests revealed 10.7 million asbestos fibers per square centimeter, up from 8.5 million four months ago. The measurements are more than 100 times higher than the level that health experts believe are cause for alarm and were obtained after some “remediation work” had been done by operatives employed by the School District and personnel from Vertex, an environmental firm, who found the air safe for students and staffers to return. See: New test: 10.7 million asbestos fibers on floor at Philadelphia elementary school.
Toxic Talc and Cancer
Jun 6, 2018
Imerys SA, the minerals company that supplied talc to Johnson & Johnson (J&J) which 22 ovarian cancer claimants believe was contaminated with asbestos, has agreed to a confidential settlement – believed to be worth US$5 million. This agreement has extricated the company from a high-profile trial that started on June 6, 2018 in St Louis, Missouri, leaving J&J and its consumer-products unit as the sole defendants. Nine thousand cases are proceeding against Imerys on behalf of other claimants who have contracted ovarian cancer or mesothelioma. See: Imerys Unit Settles Talc Claims for at Least $5 Million.
Toxic Talc Verdict
May 25, 2018
On May 23, 2018, a Los Angeles jury awarded 68-year old mesothelioma claimant Joanne Anderson $21.7 million for the toxic asbestos exposure she suffered from products sold by Johnson & Johnson and its talc providers. Jury members are still considering how much they will award against the defendants in punitive damages. This is the second J&J trial loss in a mesothelioma case, the first was in New Jersey in April, 2018 (see: Toxic Talc and Mesothelioma); that jury awarded $80m in punitive damages. Thousands of ovarian cancer cases are proceeding against J&J. See: J&J hit with $21.7 million verdict in another talc asbestos cancer case.
Asbestos Hazard in Demolition
Apr 19, 2018
The family of construction worker Pietro Macaluso was awarded $60 million in damages by a Manhattan jury for his premature death at the age of 56 in July 2016 from mesothelioma. In the 1970s and 1980s he was occupationally exposed to asbestos when he was employed in demolition work which required the removal of asbestos-covered boilers from family homes in Brooklyn. During a 9-week trial, the family’s attorney told the jury that the defendants had known about the asbestos health risks and taken action to protect employees at their factories but did nothing to warn the public or people like Mr. Macaluso. See: Critics say tort reform necessary after $60M asbestos settlement.
Asbestos Mortality Increase
Apr 11, 2018
A 5% increase in annual deaths from mesothelioma was reported in the US between 1999 and 2015 from 2,479 to 2,597 fatalities. The increase in deaths was observed across all ethnicities, in males and females and in people over 85 years old. “Continuing occurrence,” the authors of this report noted “of malignant mesothelioma deaths in persons aged <55 years suggests ongoing inhalation exposure to asbestos fibers and possibly other causative EMPs [elongate mineral particles].” The paper concludes that in light of these figures, there is an urgent need to prevent future hazardous exposures and monitor temporal trends. See: Malignant Mesothelioma Mortality — United States, 1999–2015.
Victory Against J&J!
Apr 6, 2018
On April 5, 2018, Johnson & Johnson (J&J) suffered a stunning legal defeat when a New Jersey jury awarded $37 million in damages against J&J and one other company to Stephen Lanzo who claimed he had developed mesothelioma after inhaling dust generated by regular use of asbestos-contaminated J&J baby powder. This, the company’s first trial loss in an asbestos-related case involving talc, will give hope to thousands of ovarian cancer claimants whose cases are proceeding in various US jurisdictions. See: J&J loses trial over claims linking cancer to asbestos in talc.
Asbestos in Makeup
Mar 23, 2018
Tests conducted on makeup products marketed in the US by Claire’s Accessories which have proved positive for the presence of tremolite asbestos in three products has spurred America’s Food and Drug Administration into an investigation according to online publisher Chemical Watch. The suspect products are Claire’s contour palette, shadow and highlight finishing kit and compact powder. Claire's has denied the contamination saying that the testing was “inaccurate” and calling the results “obsolete and unreliable.” It also said that the products were “safe and asbestos-free.” See: US FDA investigating reports of tremolite asbestos in makeup.
Global Asbestos Production
Mar 20, 2018
The United States Geological Survey (USGS) has uploaded figures for worldwide asbestos production for 2016 – and drastically revised downwards previously released figures for 2012-2015 – which reveal a huge drop in output; a fall in annual production of 720,000 tonnes (36%) between 2010 and 2016 (as yet, the USGS has not provided detailed reasons for the revisions). The 2016 data show significant asbestos production in only four countries: Russia (692,000 t (tonnes)), China (200,000t), Brazil (200,000t), and Kazakhstan (193,000t). See Asbestos Production by Country (Table 8 in the file). In addition, a narrative in Asbestos: a 2-page USGS document extract draws attention to asbestos bans in Brazil and Ukraine and US legislative efforts to ban asbestos.
Toxic Makeup: New Findings
Mar 15, 2018
Weeks after several makeup products had been withdrawn from sale by Claire’s, tests undertaken by a consumer watchdog group revealed that three products still being marketed to children contained “high levels of asbestos.” The US Public Interest Research Group (PRIG) commissioned tests of 15 makeup products containing talc including four from Claire’s. The company “categorically” denied the contamination and characterized the laboratory's methods as “obsolete and unreliable.” See: Study finds asbestos in Claire's makeup products marketed to teens. (For more detail on the toxic products read the PRIG report.)
Warnings: US asbestos exports to UK!
Mar 13, 2018
Ministerial concern has been expressed over ramifications of a US:UK trade deal which could result in contaminated goods being exported from the US, a country which has not banned asbestos. In her desperation to achieve a deal with President Trump, critics believe that Theresa May could lower stringent UK standards, which ban all asbestos, to allow the import of products containing up to 1% asbestos such as roofing materials and brake linings. In a speech last month, Brexit Secretary David Davis admitted the UK may reduce “levels of occupational safety and health” after Brexit. See: Brexit: US trade deal could raise prospect of bringing asbestos products to UK, MP claims.
Montana Asbestos Verdict
Mar 9, 2018
Last week, Montana State District Judge Holly Brown ruled that the National Indemnity Company, a Nebraska-based insurer, is liable for $43 million in compensation paid by the State in settlement of 100 asbestos claims from Libby, Montana. The Judge concluded that the insurance company, a subsidiary of Warren Buffet’s Berkshire Hathaway firm, had “improperly tried to deny coverage from an insurance policy held by the state 45 years ago.” National Indemnity can appeal the decision to the Montana Supreme Court. See: Judge says private insurer, not state, on hook for $43M in Libby asbestos claims.
Online Asbestos Archive
Jan 22, 2018
ToxicDocs, a free, searchable and updated online US database, is making publicly available “millions of pages of previously secret documents about toxic substances ... [including] secret internal memoranda, emails, slides, board minutes, unpublished scientific studies, and expert witness reports – among other kinds of documents – that emerged in recent toxic tort litigation.” Subjects covered include silica, PCBs and lead, as well as asbestos and other dangerous substances. See: Free online access to millions of documents on chemical toxicity made possible through ToxicDocs.
Asbestos Baby Powder
Jan 18, 2018
Proceedings will start next week (January 22) in a US case brought by mesothelioma victim Stephen Lanzo III against Johnson & Johnson (J&J) which, he alleges, is responsible for exposing him to asbestos contained in its talcum powder. Lanzo’s lawyers will rely on internal company memos, reports and legal transcripts that detail the company’s long-standing knowledge regarding the presence of asbestos in their products. Over decades, J & J actively lobbied federal agencies to forestall measures that could impact on sales despite knowing that “occasionally sub-trace quantities” of minerals were found in its baby powder that “might be classified as asbestos fiber.” See: Baby powder battles: Johnson & Johnson documents reflect internal asbestos concerns.
Asbestos in Makeup
Dec 23, 2017
Investigations commissioned by a concerned parent verified the presence of asbestos in samples taken from 17 makeup products distributed in nine US states by Claire’s Stores Inc. “one of the world’s leading specialty retailers of fashionable jewelry and accessories for young women, teens, tweens and kids.” The analyst who conducted the testing was “shocked,” by finding tremolite asbestos in each product tested. On Friday, December 22, the company announced that as a “precautionary measure,” the items will be pulled off the shelves and an “immediate investigation into the alleged issues” will be conducted. See: Consumer Advocate: Claire's pulls children's makeup after family finds asbestos.
Environmental Asbestos Hazard
Dec 7, 2017
Academic researchers have announced findings of tests undertaken using samples of amphibole asbestos fibers collected in Arizona and Montana which document the toxic effects on mice of low level environmental exposures to asbestos. During a presentation last month made at Boulder City Library, Jean Pfau of Montana State University said: “Low exposure caused health effects in mice, suggesting that we cannot dismiss low environmental exposures…We can no longer say there is no health risk.” While the fibers from Arizona seemed to be more toxic, exposures to all the samples led to increased frequency of autoantibodies and inflammation. See: Scientists warn of asbestos risks.
Asbestos in Talcum Powder
Nov 13, 2017
It was announced last week that on October 30, 2017 the US company Colgate-Palmolive Co. had settled a lawsuit brought by Carol Schoeniger, a Pennsylvania woman who claimed she contracted mesothelioma as a result of using the company’s talcum powder products; the terms of the agreement were not made public. In filings with the U.S. Securities and Exchange Commission, Colgate-Palmolive admitted that it faces more than 170 similar cases, having resolved 43 cases so far this year. Johnson & Johnson is facing 5,500+ ovarian cancer claims resulting from the use of its iconic Baby Powder. See: Colgate-Palmolive Settles Claims Over Asbestos in Talc.
US Asbestos Ban Bill
Nov 5, 2017
On November 2, 2017 Senator Jon Tester introduced a bill to ban asbestos in the US; this is the 6th such Congressional bill to be considered over the last 20 years. Commenting on his sponsorship of the proposal, the Montana Senator said: “Asbestos has already taken the lives of too many Montanans, and banning this harmful substance will prevent the future loss of life. Just ask the families in Libby and Troy; there’s no place for asbestos in our communities. This bill will protect families, our environment, and our communities.” See: Tester Introduces Bill to Ban Asbestos, Protect Public Health.
Banning Asbestos in the US
Oct 30, 2017
A chapter of the special issue “Global Panorama of National Experiences in Public Health Actions to Ban Asbestos” of the International Journal of Environmental Research and Public Health – which has just been uploaded – considers the reversals, missed opportunities and victories in the campaign to ban asbestos in the United States. Co-authors Drs Landrigan and Lemen affirm that the “The failure to ban asbestos in the United States is a national scandal and an affront to morality and human decency” and express some optimism that “asbestos will finally be banned in the United States under the Senator Frank R. Lautenberg Chemical safety for the 21st Century Act.” See: Toward an Asbestos Ban in the United States.
Asbestos: Ignoring the Obvious
Oct 26, 2017
Fire-fighters are one of a number of at-risk and campaigning groups condemning plans by the Trump administration to downgrade a review of dangerous chemicals including asbestos. As originally proposed, the initiative was intended to improve regulations to protect public and occupational safety. Under Trump’s EPA only products being manufactured and sold, and not toxins already in public use, will be investigated. For asbestos, this means ignoring the hazards posed by 8+million tons of asbestos-containing products already in the US and only considering the few hundred tons of annual imports. See: EPA chemical review would exclude millions of tons of toxins.
Asbestos and the Railways
Oct 18, 2017
Livingston, Montana is a town founded in the 19th century by the Northern Pacific Railway midway between its hubs in Minneapolis and Seattle. Despite the railway’s importance to the local economy, asbestosis sufferer Bill Phillips sums up his former employer’s attitude towards the area as: “Rip, rape and run.” Asbestos debris from the railway was just one of a number of toxic materials cavalierly discarded; an enormous quantity – possibly more than a million gallons – of diesel waste polluted soil and groundwater, chemical degreasers, lead, chlorinated solvents, and a cocktail of other pollutants went down drains directly into groundwater. See: The Railroad Put This Montana Town On The Map. But It Left Behind A Toxic Legacy.
Asbestos on Campus
Sep 29, 2017
Judge Nancy Shaffer ended a whistle-blower trial over asbestos mishandling at Sonoma State University in California by awarding almost $3 million in penalties for violations of occupational health and safety laws against the California State University Board of Trustees and Sonoma employee Craig Dawson. The whistle-blower was Thomas Sargent who had worked at the college for 24 years and was forced from his job after expressing concerns about asbestos on campus. He was awarded $387,000 by the judge who ordered that he be reinstated as campus environmental health and safety specialist and receive two years’ back pay. See: Sonoma State University to pay $2.9 million in asbestos case.
Asbestos Cancer Epidemic
Sep 28, 2017
Papers recently published by US authors in peer-reviewed journals document the global epidemic of asbestos cancer, highlight the repercussions of ongoing consumption of asbestos and consider the issue of whether exposure to white asbestos can cause diffuse peritoneal mesothelioma; it can. The paper cited at the end of this news item, by Professor Phil Landrigan, appeared in the British Medical Journal while the paper entitled Diffuse peritoneal mesothelioma: A case series of 62 patients including paraoccupational exposures to chrysotile asbestos was in the American Journal of Industrial Medicine. See: Data on mesothelioma mortality: a powerful tool for preventing asbestos-related disease.
Asbestos in Talc
Sep 24, 2017
The multinational Johnson & Johnson (J&J) is facing 5,000 US lawsuits from women alleging that the use of J&J baby powder products contaminated with asbestos has caused them to develop ovarian cancer. Lawyers representing 50 women plaintiffs in Kansas City, Missouri allege that the company knew that its talc products included asbestos fibers and that exposure to those fibers could cause ovarian cancer: J&J’s talc, they claim “is not now, nor has it ever been, free from asbestos and asbestiform fibers.’’ See: J&J Was Alerted to Risk of Asbestos in Talc in ’70s, Files Show.
Agreement Disallowed
Sep 4, 2017
In a majority decision of August 29, 2017 by the New York Appellate Division of the first department of the Supreme Court, a plaintiff’s verdict was issued in a case brought by a mesothelioma widow over the death of merchant marine Mason South who had been exposed to asbestos during employment by Texaco. In 1997, Mr. Mason had signed an agreement absolving the company of asbestos claims in return for $1500. The Court, which noted that the consideration paid was “extremely low, given South’s alleged extensive asbestos exposure,” found that as Mr. South was not aware of the specific risk of mesothelioma in 1997, the waiver was moot. See: Matter of New York City Asbestos Litig.
New Mesothelioma Trial
Jun 15, 2017
An article uploaded to the Mesothelioma Circle website on June 14, 2017 discussed a new collaboration by two pharmaceutical companies, which are commercial competitors, to progress the search for an effective immunotherapy treatment for mesothelioma. Thirty-five mesothelioma patients who have unsuccessfully tried one or two other types of treatment will be administered Keytruda (Merck), and CRS-207 (Aduro Biotech) in 3-week cycles. If there are no safety issues and there is evidence of clinical benefit for the participants, treatment cycles could continue for up to two years. See: New Mesothelioma Clinical Trial Combines Keytruda, CRS-207.
Will the US ban asbestos?
Jun 13, 2017
A commentary just published in The Millbank Quarterly by David Rosen considers the likelihood of the United States following through on plans to ban asbestos under a Trump Presidency. With the evisceration of the Environmental Protection Agency (EPA), the appointment of Scott Pruitt as the new EPA administrator and statements made by Donald Trump that asbestos was “100 percent safe,” and that the “movement against asbestos was led by the mob,” Rosen predicts “that the movement to end the use of this deadly material is itself doomed.” See: Deregulating Safety: The Case of the Effort to Ban Asbestos.
Asbestos Legacy of 9/11
Jun 4, 2017
In the aftermath of the 2011 attack on the World Trade Center (WTC), blankets of toxic dust contaminated parts of Manhattan and Brooklyn exposing millions to a multitude of toxins including asbestos. Dr Raja Flores, Chief of Thoracic Surgery at the Mount Sinai Hospital, NY, has warned that: “People are already getting sick from the asbestos and they have died from it… in 15-20 years we are going to see a serious health issue here…. We haven't even seen the tip of this iceberg yet.” Almost half a million kilograms of asbestos-containing insulation was sprayed on the first 40 storeys of the WTC. See: September 11: Death toll could rise by millions from ‘toxic’ asbestos dust.
Trump Attack on EPA
Jun 1, 2017
Mesothelioma survivor Heather Von St James has published a scathing indictment of plans by President Trump to slash the budget of the Environmental Protection Agency’s (EPA) – the federal body tasked with protecting human health and the environment in the US–by 31%. In a commentary on The Guardian website, she writes: “Our own president has been quoted extolling the virtues of asbestos and even claiming that abatement is a mob conspiracy. The man who was chosen to head the EPA has said he remains unconvinced of the dangers of asbestos.” See: I lost my lung to asbestos. I fear what Trump will do to America’s health.
Threat to Asbestos Ban
May 23, 2017
The Regulatory Accountability Act, dubbed the “License to Kill Bill” which passed in the House of Representatives is now being considered by the US. Senate. Environmental and scientific experts are worried that the legislation could make regulation of polluting industries more difficult and have dire consequences for the health and safety of American citizens. If the act became law, the implementation of an EPA asbestos ban would face enormous obstacles and additional requirements. Of course, that would suit President Trump who said in his book The Art of the Comeback that asbestos had “got a bad rap.” See: The "License to Kill" Bill Is As Terrifying As It Sounds.
Asbestos Cancer Mortality
Mar 6, 2017
A paper published by the US Centers for Disease Control and Prevention has highlighted an epidemic of asbestos cancer in the US Between 1999 and 2015, there were 45,221 deaths reported from mesothelioma, the signature cancer related to asbestos exposure. The annual incidence rate increased from 2,479 (1999) to 2,597 (2015). The researchers’ conclusions confirm what asbestos activists have been saying for years: “Contrary to past projections, the number of malignant mesothelioma deaths has been increasing…” despite the introduction of regulatory actions and decreasing consumption. See: Malignant Mesothelioma Mortality – United States, 1999-2015.
Asbestos Use in Dentistry
Mar 3, 2017
It has been widely acknowledged that asbestos was used in 3,000 products, ranging from building materials to consumer products. A report just uploaded to the website of the American Journal of Industrial medicine documents the occurrence of mesothelioma amongst dental technicians and professionals who used asbestos-containing dental lining tape for making crowns, bridges and other dental prosthetic devices. The paper examines six mesothelioma cases linked to exposures to this material in four dentists, one dental technician and one silversmith. See: Malignant Mesothelioma Due to Asbestos Exposure in Dental Tape.
Ambler Deadline Extended
Feb 17, 2017
The date for submitting comments on proposals by the Environmental Protection Agency (EPA) for the remediation of two Superfund sites – BoRit Asbestos Superfund Site and Ambler Asbestos Piles Superfund Site in Ambler, Pennsylvania – has been extended until March 3, 2017. For decades this town was the location of the Keasbey & Mattison asbestos factory. Widespread contamination is a fact of life for local people; the multimillion dollar EPA program is designed to tackle asbestos pollution in the soil, reservoir, waterways, dumpsites and environment. See: Environmental Concerns of Communities around Ambler, Pennsylvania.
Asbestos Ban at Risk?
Feb 3, 3017
When President Barack Obama signed an update to the federal Toxic Substances Control Act into law in 2016, he gave the Environmental Protection Agency (EPA) authority to ban asbestos use and importation. The agency designated asbestos as a priority substance and began the process to end asbestos use; so far, so good. Unfortunately, Donald Trump has nominated Scott Pruitt as the new head of the EPA. In a January 18, 2017 response to questions from senators on the Environment and Public Works Committee, Pruitt refused to affirm that he would push through a comprehensive asbestos ban. See: EPA Nominee Pruitt Refused to Promise Asbestos Ban.
Settlement of Montana Claims
Jan 23, 2017
A $25 million agreement was reached on January 20, 2017 between the State of Montana and 100+ claimants from Libby, Montana over asbestos exposures which occurred in Lincoln County during the 20th century due to the operations of the town’s vermiculite mine. In 2012, the State agreed to pay 1,000 other plaintiffs $43 million due to its failure to warn the mine’s employees, local people and communities of the risk of exposures to high levels of asbestos contamination created by the mining. The Environment Protection Agency (EPA) began clean-up work in Libby in 1999; EPA personnel are still there. See: Montana asbestos victims to get $25 million from state.
Asbestos Reinsurance Deal
Jan 8, 2017
A subsidiary of Berkshire Hathaway (BH), a company owned by Warren Buffet, will receive $650m to assume $1.5bn of asbestos risk from Hartford Financial Services, a US insurer. In 2006, BH agreed a deal with Equitas, a vehicle set up by Lloyd’s of London, to provide up to £3.7bn ($7bn) in reinsurance cover for asbestos claims. It has done similar deals with US insurers AIG, Liberty Mutual and CNA Financial. Last year an insurance credit rating agency warned that insurers faced $15bn of losses from future asbestos claims. See: Buffett to Get $650 Million From Hartford in Asbestos Deal.
Asbestos Prosecutions and Persecutions
Jan 4, 2107
A recently published paper provides a background to the evolution of knowledge regarding the harmful effects of asbestos exposure and considers criminal prosecutions undertaken against those responsible for hazardously exposing workers including the legal proceedings in Italy against the Swiss billionaire Stephen Schmidheiny who was initially sentenced to 16 years for his crimes before the Supreme Court vacated the verdict on a technicality. The author concludes that: “the use of the criminal code to hold people personally responsible for business decisions that gravely endanger public health on such a scale, for profits made by avoiding the costs of prevention and compensation” is essential. See: Criminality and Asbestos in Industry.
Plaintiffs’ Verdict by Top Court
Jan 2, 2017
Last month (December 1, 2016), the California Supreme Court issued a 39-page unanimous verdict (see: Johnny Blaine Kesner v. Superior Court of California) upholding the right of Johnny Kesner who had contracted cancer from inhaling asbestos fibers on the work clothes of a family member to sue his uncle’s employer for failing to implement provisions of the California Civil Code which would have prevented the toxic exposure. This ruling also upheld the right of a wife to take action against the owners of the premises where her former husband had worked. See: Kazan Law’s Asbestos Litigation Landmark Decision.
Asbestos Trade Data
Oct 19, 2016
The United States Geological Survey (USGS), which collects data on global asbestos consumption and production, has uploaded provisional figures detailing production in 2015 (which appear very similar to the figures from 2014): Russia 1,100,000t (tonnes), China 400,000t, Brazil 311,000t and Kazakhstan 215,000t. Provisional total global production for 2015 was 2,030,000t. The final 2015 consumption figures should be available from the USGS in early 2017. See: Asbestos Statistics and Information.
Retraction of Asbestos-Paper
Sep 21, 2016
A paper entitled “Airborne asbestos exposures associated with the installation and removal of roofing products” which alleged that asbestos-containing roofing products could be safely used is being retracted by the Journal of Occupational and Environmental Hygiene (see: Journal will retract article denying harm from asbestos roofing). Some of the paper’s authors and the funder Cardno ChemRisk have known ties to the asbestos industry as did the journal’s approving editor. Criticisms of the content included accusations of misinformation and miscategorizations, as well as scientific and ethical improprieties. See: Journal to retract study declaring safety of asbestos roofs: Report.
Ban Asbestos: NOW!
Aug 29, 2016
In a letter sent last week to the Environmental Protection Agency (EPA), California Senator Barbara Boxer urged that action on asbestos be taken as a priority under the tighter chemical regulations enacted this Summer. In her correspondence to EPA Administrator Gina McCarthy, Boxer wrote: “Now that the impediments in the original TSCA [Toxic Substances Control Act] law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.” Asbestos consumption in the US remains around 400 tons a year. See: Dem senator pushes EPA on asbestos regulations.
Asbestos and Autoimmune Disorders
Aug 24, 2016
On August 15, 2016, a spokesperson for the Center for Asbestos Related Disease in Libby, Montana announced preliminary data from the six-year-long Libby Epidemiology Research Program on the effects of asbestos exposure on the immune system, which provided substantial evidence of a link between exposures to amphibole asbestos in Libby and an elevated risk of autoimmune diseases and disorders such as lupus, scleroderma, and rheumatoid arthritis. “There may be,” Dusti Thompson said “as much as a 10-fold increase in risk…” See: CARD Clinic study: asbestos exposure linked to autoimmune diseases.
Asbestos Hazard in Soil
Aug 21, 2016
Research by US scientists has raised concerns about hazards from asbestos disposed at capped landfill sites. According to lead researcher Associate Professor Jane Willenbring: “Asbestos gets coated with a very common substance that makes it easier to move…If you have water with organic matter next to the asbestos waste piles, such as a stream, you then have a pathway from the waste pile and possibly to human inhalation.” It is the current practice in the US and other countries for asbestos waste piles to be capped with soil to avoid hazardous human exposures; this practice may need rethinking. See: New study challenges assumption of asbestos’ ability to move in soil.
Disposal of NY Subway Cars
Aug 19, 2016
When the authorities in NY were faced with the problem of disposing of thousands of asbestos-contaminated subways cars built between 1959 and 1963 they devised an ingenious plan to dump them in the Atlantic Ocean at spots off the coast of NY, NJ, Georgia and three other states. By burying 2,400 subway carriages at sea, NY’s Metropolitan Transportation Authority (MTA) saved $12 million. The last batch of 51-foot long Redbird subway cars was dumped by the MTA in 2010. No asbestos removal had been carried out on any of the carriages. See: VIDEO: The MTA Tells All About Dumping Its Subway Cars in the Atlantic Ocean.
EPA Consultation over Reform Priorities
Aug 9, 2016
Public meetings in Washington, D.C. on August 9 and 10, 2016 are being held to discuss the way ahead for chemical regulation in light of a major reform to the Toxic Substances Control Act. The discussion of how to determine “whether a chemical substance presents an unreasonable risk of injury to health or the environment” takes place on Tuesday (August 9). To register to attend the proceedings or watch them online go to: https://www.eventbrite.com/e/us-epa-tsca-stakeholder-meetings-registration-26604194863#tickets See also: EPA Press Release.
OSHA Fines for Asbestos Exposures
Aug 9, 2016
On two occasions in February and March 2016, seven workers at U.S. Steel Corporation’s Pittsburgh coke production facility were instructed to carry out work as a result of which they were exposed to asbestos according to a ruling of the Department of Labor’s Occupational Safety and Health Administration (OSHA). The ruling was issued on June 29, 2016 and ordered the company to pay a $170,000 fine. This is the second time in five years that the company has been cited by OSHA for asbestos exposures. See: OSHA finds US Steel again exposed workers to asbestos hazards at Pittsburgh coke production facility, fines company $170K.
Top Priority: Asbestos Ban
Jul 23, 2016
Yesterday, the Environmental Working Group (EWG), a US environmental organization specializing in research and advocacy regarding toxic chemicals, published a list of chemicals that the Environmental Protection Agency (EPA) should take action on following the enactment last month of the Toxic Substance Control Act (TSCA) that mandated revisions to the country’s 40-year old chemical safety regime. Under TSCA, which as a compromise bill has significant drawbacks, the EPA was given greater authority to regulate hazardous chemicals in consumer products. Top of the EWG’s hit list is a US ban on asbestos. See: EWG Lists the Top 10 Toxic Chemicals EPA Should Review Now.
Funds to Fight Fires at Grace Mine
Jul 19, 2016
Federal funding of $2.1 million has been secured by the Environmental Protection Agency to enable firefighters to safely deal with conflagrations in the asbestos-contaminated area of Libby, Montana where mining operations by W.R. Grace & Co created an environmental catastrophe. Tests undertaken on asbestos-infested trees confirm the health hazard posed by this and other toxic deposits in the 47,000-acre area designated Operable Unit 3, or OU3 near the old mine. Should a fire start inside the area, state, local and federal officials would deploy air-monitoring stations to ensure that the air is safe to breathe. See: EPA, USFS Allocate $2.1 Million to Support Firefighting Efforts at Asbestos Mine.
Claimant’s Verdict in NJ Supreme Court
Jul 9, 2016
A verdict handed down on July 6, 2016 by the NJ Supreme Court in Schwartz v. Accuratus cited a 2006 precedent – Olivo v. Owens-Illinois – which had found that spouses who became ill after handling their partners’ asbestos-tainted clothing could be awarded damages. NJ Supreme Court Justice Jaynee LaVecchia explained: “Our reasoning in Olivo was not so much that Eleanor was married to a worker at Exxon who brought asbestos-contaminated clothing home from work but that it was foreseeable that she would be handling… asbestos-exposed clothes, which Exxon failed to protect at work and allowed to be taken home by workers.” See: Contaminated-Clothing Doctrine in Asbestos Cases Extended.
Asbestos Industry: A Criminal Conspiracy
Jun 7, 2016
A blog uploaded today (June 7, 2016) highlights the decades-old work by asbestos vested interests to minimize their asbestos liabilities through fair means and foul. It details steps taken by Bendix (Honeywell), Union Carbide, Ford and George Pacific, among others, to prevent claimants from securing compensation and to manipulate the scientific debate about the causation of asbestos-related diseases. Although the focus of this text is on the damage done to workers in the US, the same companies have caused misery to workers at factories and facilities around the world. See: Asbestos Industry Covered Up Danger for Decades, and Evades Responsibility Today.
Action on Chemical Hazard – Finally?
May 25, 2016
On May 24, 2016, the Toxic Substances Control Act, a contentious bipartisan bill to overhaul federal regulation of asbestos and other dangerous chemicals in the US, was overwhelmingly approved by the House of Representatives. On May 23, the White House said it would support the much-needed legislation in order to allow the federal government to evaluate and act on the use of hazardous chemicals. While critics, including Presidential candidate Bernie Sanders, said the bill was too weak, others like House Minority Leader Nancy Pelosi felt it would “protect families and communities from toxic substances.” See: White House backs bill to overhaul asbestos regulation.
California Court Reinstates Plaintiff’s Verdict
May 24, 2016
On May 23, 2016, the California Supreme Court overturned a lower court’s ruling to reinstate a multimillion-dollar jury verdict for the family of a worker who died from mesothelioma after asbestos exposure experienced whilst employed as a warehouseman and truck driver from 1969 to 1979 for a company that sold cement piping containing crocidolite asbestos. Damages of $5 million were awarded against the Special Electric Co., which supplied the asbestos without a warning label, and the pipe manufacturer Johns-Manville Corp. See: State Supreme Court rules for worker who was exposed to asbestos.
Risk from Naturally Occurring Asbestos
May 21, 2016
Questions are being raised about the capacity and desire of government agencies to monitor the liberation of asbestos fibers generated by infrastructure work ongoing near Boulder City, Nevada. There are no state laws or protective standards for naturally occurring asbestos; the only Nevada asbestos laws relate to exposures in buildings or during demolition work. As the construction of the highway bypass is federally-funded, OSHA standards must be provided for workers; these safeguards do not apply to members of the public who live or work in areas where asbestos fibers have been liberated by the construction. See: I-Team: Who's monitoring asbestos levels?
FBI Investigation of Occupational Physician
May 12, 2016
A dossier disclosed during asbestos litigation in the United States contained a file from the Federal Bureau of Investigation (FBI) on Dr. Alice Hamilton, an occupational physician who, amongst other achievements, reported numerous safety and health hazards at facilities belonging to the General Electric (GE) Company. Asbestos was used by GE in power plants and ships to insulate steam turbines. There have been and continue to be many personal injury lawsuits brought over GE’s failure to provide warnings and protection to workers regarding asbestos health hazards. See: Alice Hamilton and the FBI.
The Asbestos Information Association/NA
Apr 30, 2016
The Asbestos Information Association/North America (AIA/NA) played a major role in the global propaganda campaign mounted by asbestos vested interests to expand asbestos markets. It was connected to a slew of other bodies which fronted multilingual and glossy propaganda campaigns such as the Asbestos Information Association and the Asbestos Institute (Canada) etc. (see: British Asbestos Newsletter, Issue 48). An article just published discusses how this industry trade group worked to neutralize adverse findings and forestall government action. See: “Unleashed on an Unsuspecting World”: The Asbestos Information Association and Its Role in Perpetuating a National Epidemic.
Screening for At-Risk Workers
Apr 5, 2016
This week, 150 active and retired sheet metal workers are being screened for symptoms of asbestos-related and other occupational diseases by a branch of the Sheet Metal Workers International Union at a pop-up clinic in Pittsburgh. Due to toxic exposures experienced by workers fabricating and installing ducting in heating and air conditioning systems, the union has been holding such sessions every five years since the 1980s. According to Dr. David Hinkamp, overseeing the screening project, every single worker examined has recounted examples of historic and current asbestos exposures. See: Sheet Metal Workers Screened For Asbestos-Related Diseases.
Ford’s Multi-million Dollar Defense
Mar 21, 2016
A recent exposé by U.S. journalists documents payments of millions of dollars by the Ford Motor Company for research that “proves” that auto mechanics did not contract mesothelioma from asbestos in Ford brake products. Documents cited include: a 1968 report which said that brake linings contained up to 60% asbestos and a 1971 memo which estimated the cost of replacing asbestos front end brakes at $1.25/car; as this cost was deemed “severe,” no action was taken. At Ford’s bidding, consultants produced material supporting the company’s position that “employment as a motor vehicle mechanic does not increase the risk of developing mesothelioma.” See: Ford spent $40 million to reshape asbestos science.
Environmental Asbestos Contamination
Feb 11, 2016
A report entitled “Transport and Deposition of Asbestos-Rich Sediment in the Sumas River, Whatcom County, Washington” just released by the U.S. Geological Survey and the U.S. Environmental Protection Agency documents high levels of asbestos fiber in water and sediment from the Sumas River in the wake of a large active landslide on the western flank of Sumas Mountain. In 2012 and 2013, 24,000 and 54,000 tons of suspended sediment, respectively were transported by the river; up to 37% of the mass of river sediment samples tested was asbestos. See: New Study Examines Naturally Occurring Asbestos Carried in Sumas River Sediment.
The Corruption of Science
Feb 8, 2016
A collection of email correspondence between US. lawyers and researchers they hired to develop, publish and advance tailor-made “science” confirms that when millions of dollars are at risk anything can be bought. Lawyer Evan Nelson, at that time with the law firm Tucker Ellis & West and now unemployed, paid “rented white coats” working for the Gradient Corporation to produce work that would provide validity to his “revolutionary scientific theory” that mesothelioma was caused by exposure to radiation from tobacco smoke. See: Meet the ‘Rented White Coats’ Who Defend Toxic Chemicals.
US Asbestos Trade Data
Jan 29, 2016
Statistics just released by the United States Geological Survey (USGS) in its Minerals Commodity Survey 2016 show US asbestos consumption in 2015 of 360 tons, a 12% decrease on the previous year. This decline continues the downward trend in usage observed since 2011. Imported asbestos fiber is nowadays almost exclusively used for the production of diaphragms for the chloralkali industry. Virtually all the chrysotile (white) asbestos imported by the US in 2015 came from Brazil. No asbestos has been sourced from Canada since 2011; for decades, Canada had supplied the vast majority of asbestos used in the US. See: Minerals Commodity Survey 2016.
Guilty Pleas over Asbestos Infringements
Jan 20, 2016
On January 13, 2016, guilty pleas were entered regarding failures to comply with federal environmental regulations during asbestos removal work on board a Mississippi River steamship constructed in 1976. Director Elaine Chiu and her California-based company admitted failing to inform state regulators about the contamination prior to the commencement of demolition work. Sentencing will be in May 2016 with Ms. Chiu facing up to two years in jail and substantial fines, and her company up to five years’ probation as well as hefty financial penalties. See: Mississippi Queen steamboat asbestos case ends with two guilty pleas – owner, company failed to disclose the deadly material to regulators.
Congress Attacks Victims’ Rights
Jan 9, 2016
Yesterday (January 9, 2016), the Republican-controlled House of Representatives passed legislation which would, say its critics, deny asbestos victims basic human rights. The White House stated it would veto this legislation should it be adopted by the Senate. Supporters of The Fairness in Class Action Litigation Act of 2015 claim new requirements for asbestos victims seeking compensation through the courts would prevent them from “gaming the system.” Advocates for victims and veterans argue that the legislation would allow identity thieves to access confidential data to victimize the injured. See: H.R.1927 - Fairness in Class Action Litigation Act of 2015.
Reappraisal of Chrysotile Data
Jan 6, 2016
A review of U.S. data from a New Jersey factory which used short fiber chrysotile has found evidence that demonstrates “a risk at lower levels of exposure to chrysotile than those which have been previously reported.” The authors suggest that if this cohort of workers – amongst whom 10 cases of pleural mesothelioma and 4 of asbestosis have been identified – were included in meta-analyses on chrysotile potency “a downward revision of the ‘no-effect’ level for chrysotile carcinogenicity” might be required. See: Short Fiber Tremolite Free Chrysotile Mesothelioma Cohort Revealed. Am J Ind Med. 2016; Jan 4 [Epub ahead of print].
New Asbestos Trade Data
Dec 22, 2015
Data on the global asbestos trade, which was uploaded this week to the website of the United States Geological Survey, shows that while US fiber imports decreased by 47% to 406 tonnes (t) in 2014, imports of asbestos-containing products rose in value by 14% to $5.63m. World production fell from 2.05 million tonnes (mt) in 2013 to 2.02 mt in 2014 with production levels remaining fairly consistent in the main producing countries: Russia (1.1 mt), China (400,000 t), Brazil (284,000 t) and Kazakhstan (240,000 t). Final 2013 figures showed biggest users as: China (570,000 t), Russia (432,000 t), India (303,000 t), and Brazil (181,000 t). See: New USGS Minerals Yearbook - Asbestos (2014).
US Asbestos Epidemic as 3rd Wave Hits
Dec 18, 2015
A devastating investigative feature and a heart-wrenching video have just been released by the Center for Public Integrity. Between them, they tell the tragic story of one Florida family whose lives have been irrevocably changed by asbestos. Thirty-nine year old Kris Penny is dying from a cancer only contracted after exposure to asbestos. He believes, as does his lawyer, that the fatal exposure he experienced took place while installing fiber-optic cable underground. He had no idea that asbestos was in the underground pipes that housed the cable. This article and this video are must read and must see items! See: Upended by America’s “third wave” of asbestos disease.
Senate Report Condemns Asbestos Failings
Dec 8, 2015
This month (December 2015), U.S. Senators have issued a report detailing the widespread failure to manage or monitor the asbestos contamination of schools where 53 million children and 6 million adults study and work. As a result of these failings, hazardous exposures remain a common occurrence according to responses from 20 states to a questionnaire circulated by Senator Edward Markey and Senator Barbara Boxer who conclude that the scope of the hazard remains unquantified, procedures for dealing with the problem are lacking, actions by state authorities are inadequate and oversight of the Asbestos Hazard Emergency Response Act is insufficient. See: Failing the Grade: Asbestos in America’s Schools.
Quantifying Asbestos Hazard in Ambler
Dec 4, 2015
Next Monday (December 7), the Environmental Protection Agency (EPA) will use a drone-mounted camera to photograph parts of the toxic town of Ambler, Pennsylvania where decades of asbestos production has left a contaminated landscape and a substantial public health risk. The purpose of this exercise is to provide evidence to allow the EPA to assess the condition of 25 acres of isolated land within the Ambler Asbestos Piles Superfund Site. This will be the first time the EPA has used drone technology in Ambler. See: EPA uses drone to inspect Pennsylvania’s Ambler Asbestos Piles Superfund Site.
Talcum Powder Caused Cancer Verdict
Dec 1, 2015
On November 30, 2015, after a trial which began on October 14, a New York State court ruled that the mesothelioma death of deceased claimant Joan Robusto was caused by her use of asbestos-tainted cosmetic talcum powder manufactured under the brand name of Desert Flower. The charges were lodged against the company Whitaker Clark and Daniels, a multinational talc, minerals and chemical distributor that sold the talcum powder used in this and similar consumer products. A jury handed down a $7 million verdict for the death of Mrs. Robusto. See: Press Release - $7million mesothelioma verdict in NY’s first ever Asbestos contaminated consumer talcum powder trial.
Agency Claims Success for Libby Clean-Up
Nov 23, 2015
Last week (November 20, 2015), the Environmental Protection Agency (EPA) released the final human health risk assessment for the Libby, Montana Asbestos Superfund site. The EPA concluded that as a result of the work carried out to remediate indoor and outdoor asbestos contamination, it was now “possible to live and work in Libby and Troy without excessive exposure to asbestos.” While 7,000+ properties had been investigated, access to 700 other properties had been denied by property owners. Concerns therefore remain over asbestos levels at those sites. See: EPA finalizes Human Health Risk Assessment for Libby Asbestos Superfund site.
Asbestos Legacy Lives On
Nov 20, 2015
There is a reason why Ambler, Pa. has one of the highest rates of death from asbestos-related diseases in the US. The debris from decades of asbestos manufacturing continues to expose the town’s residents to hazardous levels of pollution long after production ceased. Many of those now dying were also exposed to asbestos brought home on contaminated work clothes from the factory. A new Huffington Post feature detailing the town’s deadly legacy has highlighted the ramifications of Congressional proposals which could adversely affect the rights of victims in Ambler and elsewhere in the country to access compensation. See: Pennsylvania's Asbestos Problem.
Gender Differences in Mesothelioma Survival
Nov 17, 2015
An article examining the ramifications of gender differences in malignant pleural mesothelioma (MPM) confirms that survival rates seem to favour female patients. The authors of the American study detailed in this new paper believe that: “Insight into the survival advantage of female patients may advance the molecular understanding of MPM and identify therapeutic interventions that will improve the prognosis for all MPM patients.” The researchers “identified molecular differences associated with gender and histology.” See: Gender-Specific Molecular and Clinical Features underlie Malignant Pleural Mesothelioma.
Examining the Legacy of Dr. I Selikoff
Oct 16, 2015
An event in New York City will be held today (October 16, 2015), commemorating the 100th anniversary of the birth of Irving J. Selikoff (January 15, 1915 – May 20, 1992). See IBAS Blog, October 16, 2015.
Critique of US Asbestos Bill
Oct 9, 2015
In May, 2015, a bill was approved by the Judiciary Committee of the House of Representatives which would adversely affect the rights and status of U.S. asbestos claimants. The so-called FACT ACT, H.R. 526 will be considered by the House of Representatives during the current Congressional session. If passed, it would increase bureaucratic obstacles faced by asbestos litigants and claimants and could violate their right to privacy by releasing personal data that could be used by identify thieves and scammers. See: Congress Should Protect, Not Expose Asbestos Victims to Further Harm | Commentary.
Robert Nolan and the Asbestos Lobby
Sep 8, 2015
Lawyers for U.S. asbestos defendants this week tried to exclude evidence documenting ties to the asbestos industry of their expert witness Robert Nolan; stating that reviewing the information substantiating Nolan’s links to the International Chrysotile Association (ICA) would: “(1) necessitate undue consumption of time, (2) cause undue prejudice, (3) confuse the issues and (4) mislead the jury.” The ICA paid Nolan for work during trips to Malaysia in 2015 to convince the government that a national asbestos ban was unwarranted. See: Lawyers launch court action to hide scientist’s work for asbestos lobby organisation.
Hazards of Asbestos Contamination of Talc
Sep 8, 2015
Asbestos-containing talcum powder continues to pose a threat to U.S. workers and members of the public, according to a new article by Myron Levin. Citing lawsuits brought over exposures to tainted industrial-grade talc and consumer products, the author said that results of surveys conducted in 2009 and 2010 of 34 talc products by federal authorities were compromised by the failure of suppliers to submit samples for testing. As a result the Food and Drug Administration concluded that: “the results do not prove that most or all talc or talc-containing cosmetic products currently marketed in the United States are likely to be free of asbestos contamination.’’ See: The Hard Truth About the Softest Mineral.
Pleural Plaques: A Medical Condition
Sep 2, 2015
Adding to the ongoing debate over symptoms experienced by sufferers of pleural plaques, a response by the authors of the (2014) paper entitled “A systematic review of the association between pleural plaques and changes in lung function,” has appeared online in the Journal of Occupational and Environmental Medicine which reaffirms their conclusions that “The presence of pleural plaques is associated with [a] small, but statistically significant … decline in lung function.” See: Authors’ response – A systematic review of the association between pleural plaques and changes in lung function.
Asbestos Exposures Continue in the US
Aug 19, 2015
An article in the Huffington Post reviews recent reports of asbestos exposures in the states of Illinois and Colorado. Untrained and unequipped workers employed by Illinois companies were told to remove asbestos at a school and threatened with dismissal if they spoke to government inspectors. Classes at another Illinois school were transferred to a local church after mold was found on asbestos-containing insulation. In Colorado, asbestos was found in a stairwell and overhead spaces at the Denver Veterans Affairs Medical Center. Federal action to tackle the national asbestos legacy was called for. See: New Asbestos Threats Affect Vets, Workers, Children and Drinking Water.
Federal Sanctions for Asbestos Removal
Aug 12, 2015
On Monday, August 10, the federal agency tasked with ensuring occupational safety (OSHA), issued fines of nearly $1.8m for “outrageous behaviour” by an Illinois businessman who hired eight Mexican workers to remove asbestos at a former primary school in conditions which violated federal health regulations. The workers removed asbestos-containing floor tiles, insulation and other materials unaware they were being exposed to asbestos. They were threatened with loss of employment if they spoke to investigators, OSHA reported. See: Feds: Albers firm deserves $1.8M fine for hiring Mexicans to remove asbestos.
Asbestos Hazard in US Schools
Aug 7, 2015
Two US senators have undertaken research to ascertain how many states are complying with federal legislation regarding the asbestos hazard in schools. All 50 governors responded; their replies indicated that US regulations were not being followed uniformly as a result of which school children and teaching staff were receiving hazardous exposures at school. Critics have blamed the lack of compliance on the federal government’s failure to ensure compliance by state authorities with federal law. For over thirty years asbestos was widely used in the construction of schools throughout the country. See: Authorities worry that many U.S. schools could have dangerous asbestos.
Federal Bill Calls for Mesothelioma Register
Jul 30, 2015
On July 29, a bipartisan bill was introduced to the U.S. Congress called the “Mary Jo Lawyer-Spano Mesothelioma Patient Registry Act of 2015” which would establish the country’s first mesothelioma registry; the data collected would be of use to mesothelioma researchers and clinicians. This draft legislation is the result of lobbying efforts spearheaded by members of the Mesothelioma Applied Research Foundation who met with their Congressional representatives in Washington, D.C. in March 2015. See: ACTION ALERT: Mesothelioma Bill in Congress for Patient Registry.
Asbestos Find in Metro Cars
Jul 29, 2015
The U.S. capital’s transport agency (Metro) is tackling the fallout from the discovery of asbestos-contamination of 280 passenger cars. The hazard is cited in a Metro tender document dated July 23, 2015 which calls for quotes for the removal of “asbestos from 1000 series railcars.” The asbestos is at the front of each of the cars in “the heater box behind the evaporator.” Railway personnel, union officials and passengers in Washington D.C. are anxious about potential exposures to the asbestos in these 40-year old vehicles. See: Hundreds of Metro Cars Contain Asbestos, Documents Show.
EPA Recommends Asbestos Update
Jul 9, 2015
An outdated and dangerous standard which allowed the demolition of buildings containing asbestos to take place without prior removal of the asbestos will be replaced after recommendations made by the Office of Inspector General in a report issued in June 2015 (see: EPA Should Update Guidance to Address the Release of Potentially Harmful Quantities of Asbestos That Can Occur Under EPA’s Asbestos Demolition Standard). Experiments showed that under the previous protocol, the amount of asbestos released as a result of the demolition often exceeded maximum permissible levels. See: US EPA to update its asbestos standard.
Asbestos in Toy Imports from China
Jul 8, 2015
Tests conducted on 49 samples of Chinese imports by two US laboratories revealed that four brands of crayons and two crime scene fingerprint kits are contaminated with asbestos. The toxic crayons are marketed under the brands of: Amscan, Disney Mickey Mouse Club, Nickelodeon Teenage Mutant Ninja Turtle, Saban’s Power Rangers Super Megaforce and contain tremolite, anthophyllite and chrysotile. The hazardous kits were found to be tainted with tremolite, chrysotile, anthophyllite and actinolite. The packaging of the kits has safety warnings over choking but no mention is made of the asbestos. See: Tests Find Asbestos in Kids’ Crayons, Crime Scene Kits.
Asbestos Hazard for U.S. Workers
Jun 11 2015
The continuing asbestos risk to American workers was confirmed by scientists who analysed government air sampling data collected between 1984 and 2011 in the construction, automotive repair, manufacturing, and chemical/petroleum/rubber industries and reported asbestos fiber levels in excess of 10f/cc. Commenting on these findings, Alex Formuzis, Vice President for Strategic Campaigns at EWG Action Fund, said: “Through no fault of their own, millions of Americans went to work each day in order to provide for families — but at the cost of having to inhale dangerous levels of asbestos.” See: Federal Data Show Millions of American Workers Inhaling Asbestos.
NASA: Asbestos-free Breakthrough!
May 14, 2015
Research to replace chrysotile asbestos-filled rubber as an insulator in Shuttle booster technology has succeeded in producing safer parts using “new processes, new repair techniques, and new inspection techniques that help ensure this is the safest booster ever built.” An additional thin sheet of rubber insulation – the “wallpaper butt-joint lay-up process” – was installed on top of an adhesive layer to add strength to the barrier. This asbestos-free component is “the most defect-free segment ever produced, showing not only a solution to the void issue, but also an improvement to the quality of the segments.” See: QM-1 examinations boost as QM-2 prepares for casting.
Landmark Decision in Mesothelioma Trial
Apr 30, 2015
On April 28, 2015, after a 2-hour deliberation, a Los Angeles jury issued a plaintiff’s verdict in a controversial case over the asbestos content of Cashmere Bouquet, a widely sold talcum powder produced by the Colgate-Palmolive Company. The sum of $13 million was awarded to 73-year old Judith Winkel who contracted mesothelioma from her exposure to asbestos present in this product. The company was negligent, said the jury, and had failed to warn consumers about potential hazards. This is the first asbestos verdict against the company arising from talcum powder. See: Jury awards woman $13M for exposure to asbestos in talcum.
Proposals to Update Chemical Safety
Mar 13, 2015
This week two bills have been introduced to the U.S. Senate which are intended to improve the country’s chemical safety regime. The Boxer-Markey Toxic Chemical Protection Act, introduced on March 12, mandates a “rapid review of asbestos and toxic chemicals that are known to be persistent and build up in the human body.” The Udall-Vitter proposal, which is industry-backed, would introduce weaker standards and provide a 7-year phase-in period in some cases and unspecified time limits in others. These bills would reform the 1976 Toxic Substances Control Act. See: Chemical Safety Bills Face off in Senate.
Congress Considers New Asbestos Bill
Mar 10, 2015
Today (March 10, 2015), The Reducing Exposure to Asbestos Database Act was introduced to the Senate. The purpose of this legislation is to mandate measures to prevent hazardous asbestos exposures by providing prior warning of the location of asbestos-containing products (ACPs). Stakeholders would be required to report information about ACPs to the EPA annually; this would be fed into a publicly accessible database to “increase the transparency and accessibility of data informing the public about where asbestos is known to be present. This information will increase awareness, reduce exposure, and help save lives.” See: Durbin bill creates asbestos reporting requirements.
Asbestos Industry Junk Science
Mar 7, 2015
Authors of 2015 academic papers detail manipulation of the scientific process by industry researchers. The articles are: How conflicted authors undermine the World Health Organization (WHO) campaign to stop all use of asbestos (spotlight on studies showing that chrysotile is carcinogenic and facilitates other non-cancer asbestos-related diseases) and Ethics, morality, and conflicting interests (how questionable professional integrity in some scientists supports global corporate influence in public health). Also see: Industry influence over science and public health policy challenged.
Sheet Metal Workers at High Risk
Mar 2, 2015
A study of 17,345 U.S. sheet metal workers documents a “significant excess mortality” for mesothelioma and asbestosis. Although this industry did not traditionally use asbestos material, members of this cohort had indirect exposure to asbestos products handled by others on construction sites. Hazardous workplace exposures also occurred as a result of drilling, hammering, punching or riveting sheet metal to asbestos products. This paper concludes: “This study demonstrates asbestos-related diseases among workers with largely indirect exposures and an increased lung cancer risk with low ILO scores.” See: Mortality among sheet metal workers participating in a respiratory screening program.
Mesothelioma in Miners
Feb 19, 2015
Twenty-one new cases of the deadly asbestos cancer mesothelioma have been diagnosed in a cohort of 69,000 mine workers which has been monitored since the late 1990s. A total of 101 individuals from the state’s iron mining industry have contracted this cancer. According to Dr. Ed Ehlinger, Minnesota Commissioner of Health: “The interval between exposure to the agent that causes the cancer and the time when the cancer appears can be as long as 40 or 50 years, possibly even longer. We have always expected to see additional cases as time went by, in people who were exposed many years ago. We expect to see still more cases going forward.” See: 21 new cases of mesothelioma in Iron Range miners
Environmental Asbestos Hazard in US
Feb 11, 2015
Data in the Journal of Thoracic Oncology, the journal of the International Association for the Study of Lung Cancer, documents an elevated incidence of mesothelioma amongst women and individuals under 55-years old in Southern Nevada. The authors conclude “the presence of asbestos and other fibers in the environment of Clark and Nye Counties… suggests that some of these malignant mesotheliomas are caused by environmental exposure which can happen when human activities and natural processes… release fibers in the air.” See: Mesothelioma in Young People and Women in Southern Nevada likely the Result of Asbestos in the Environment.
Global Asbestos Trade
Jan 31, 2015
Data on the global asbestos trade is very hard to come by. For this reason, statistics collected by the United States Geological Survey (USGS) are generally accepted as definitive, within certain limits. The asbestos section (pages 22 and 23) in The Mineral Commodity Summaries 2015 which was published yesterday includes interesting facts: U.S. asbestos consumption in 2014 was 400t (tonnes), the lowest since the 1800s; in 2014, global asbestos production remained around 2 million tonnes with Brazil (291,000t), China (400,000t), Kazakhstan (240,000t) and Russia (1,050,000t), the biggest producers. See: The Mineral Commodity Summaries 2015.
No More Secrets!
Jan 28, 2015
An initiative by U.S. academic and media groups was launched last month with the upload of 20,000 pages of secret documents obtained during the course of benzene litigation. The aim of this project is to make public materials revealed during toxic tort litigation that have been “locked away” in filing cabinets and on hard drives. According to the organizers: “In coming months, we’ll be posting hundreds of thousands of pages of discovery material from lawsuits involving lead, asbestos, silica, hexavalent chromium and PCBs, among other dangerous substances.” See: Internal documents reveal industry 'pattern of behavior' on toxic chemicals.
Damage from Low Level Exposures
Jan 7, 2015
A paper in the Journal of Occupational and Environmental Medicine confirms the health risk posed by exposure to low levels of asbestos. Researchers followed up a cohort of 513 individuals who had been exposed to asbestos whilst working at a vermiculite mine in Libby, Montana: “Of 191 workers with available CT scans, 53 percent had asbestos-related changes of the tissue lining the lungs (pleura), while 13 percent had changes of the lung substance (parenchyma).” Abnormalities were present even in subjects whose exposures had been three to ten times less than today’s permitted standards. See: Low Levels of Libby Asbestos Exposure Linked to Lung Abnormalities.
Asbestos in Talcum Powder Warning
Nov 2, 2014
Following extensive research undertaken in three U.S. laboratories, public health experts have issued warnings about the hazards of using talcum powder products contaminated with asbestos. A year of testing has established that the deadly contaminant can find its way into lung tissue and thereby create a risk of asbestos cancer. The study, which was published online in the International Journal of Occupational and Environmental Health in October, 2014, substantiates the theory that some ovarian cancers are due to exposure to asbestos in talcum-based products. See: Study: Cosmetic talc products carry asbestos peril.
Multimillion Dollar Screw Up by EPA
Sep 26, 2014
Yesterday (September 25) a report was published which seriously criticized the (US) Environment Protection Agency (EPA) for failing to uphold standards in its experimentation with alternative methods for dealing with asbestos contained in buildings due for demolition. Not only was the public put at risk but the data produced by the mismanaged tests was useless said the Office of the Inspector General. The controversial research program cost $3.5 million and was carried out between 1999 and 2011. A multiplicity of failings were identified in the report which concluded that the new techniques had not worked as well as traditional methods. See: Watchdog faults EPA on failed asbestos tests.
Treatments for Peritoneal Mesothelioma
Sep 24, 2014
An academic paper published this month by researchers in the United States considers the efficacy of traditional and novel treatments for malignant peritoneal mesothelioma. Although effective, some of the newer treatments have complication rates ranging from 30% to 46%. Consequently, there is growing interest in identifying molecular targets such as sphingosine kinase 1 (SphK1) which regulates the production of sphingosine-1-phosphate, a biologically active lipid implicated in various cancers including malignant mesothelioma” and developing targeted therapies. See: Advances in the management of peritoneal mesothelioma.
Asbestos in Talc Causes Mesothelioma
Sep 17, 2014
A scientific paper published in the October 2014 issue of the International Journal of Occupational and Environmental Health concluded that “a specific brand of talcum powder [Cashmere Bouquet] contained identifiable asbestos fibers [anthophyllite and tremolite asbestos] with the potential to be released into the air and inhaled during normal personal talcum powder application.” Asbestos fibers consistent with those found in the talcum powder were identified in the lungs and lymph node tissues of a woman who used this product and died from mesothelioma. See: Asbestos in commercial cosmetic talcum powder as a cause of mesothelioma in women.
Fraud by U.S. Asbestos Defendant
Sep 5, 2014
On September 3, 2014, a three-judge panel of the Philadelphia appeals court ruled that the world’s biggest chemical maker BASF had engaged in “systematic fraud” to defeat thousands of personal injury lawsuits over asbestos contamination of its talc. In its decision, the Court stated that the state of New Jersey did not accept the right of litigants to engage in “fraud calculated to thwart the judicial process.” The lawsuit was brought on behalf of the families of six workers who had died from asbestos-related diseases allegedly caused by exposure to talc mined by a BASF-owned company in Vermont. See: BASF Must Face Asbestos Coverup Fraud Claims, Court Says.
Debunking Asbestos Defense Strategies
Jul 24, 2014
Asbestos defendants employ standard legal arguments to defeat personal injury asbestos claims. The most favoured stratagems are discussed in a two-part paper by attorney Christopher Meisenkocthen published in the journal New Solutions. The author looks at: “the supposed harmlessness of chrysotile asbestos… so-called idiopathic mesothelioma… the pernicious notions of safe exposure thresholds for asbestos and the unreliability of Tyndall lighting.” See: The Four Most Pernicious Myths in Asbestos Litigation: Part I. Safe Chrysotile and Idiopathic Mesothelioma and Part II. Safe Thresholds for Exposure and Tyndall Lighting as Junk Science.
Asbestos Stops New Road
Jul 21, 2014
The discovery by university geologists of naturally occurring asbestos at a site earmarked for development has postponed work on a $490m highway bypass in Boulder City, Colorado. Construction scheduled to begin in Spring 2014 was delayed to allow for asbestos testing and analysis; results are expected in August 2014. In the absence of federal regulations for dealing with naturally occurring asbestos, states are expected to devise rules based on Environmental Protection Agency and Occupational Safety and Health Administration guidelines. Nevada does not have any such regulations. See: Asbestos proves to be a microscopic road block near Boulder City.
Judgment against Eternit Companies
Jul 4, 2014
On July 2, 2014 a Superior Court Judge in New Jersey issued a claimants’ verdict ordering two Swiss companies, which did not contest the court proceedings, to pay $90.5m for the pain and suffering of 11 families who lost loved ones to asbestos cancer. The deceased had worked at the Johns Manville (JM) asbestos factory in Manville, NJ. The payouts, relating to the supply of asbestos to JM from the 1950s to the 1980s, are to be made by Anova Holding AG and Becon AG; these companies are successor companies to the Eternit group which was, for decades, a leading player in the mining and processing of asbestos. See: $90.5 million awarded to 11 Manville families who lost members to asbestos-related cancer.
T&N Ltd. Loses Mesothelioma Case
Jun 24, 2014
After a two-week trial in a Massachusetts federal court, a jury found T&N Ltd., a subsidiary of the U.S. autoparts company Federal-Mogul (FM), liable for the 2010 mesothelioma death of a pipefitter who had been exposed to asbestos whilst using T&N’s Limpet spray insulation during the construction of the Prudential Tower in Boston in the early 1960s. The lawsuit was brought by FM’s asbestos trust against the former British insulation manufacturer. A report on the $9.3 million wrongful death verdict says it brings the “trust closer to tapping a wealth of prebankruptcy insurance.” See: Federal-Mogul Bankruptcy Trust Wins $9.3M Asbestos Verdict.
Multimillion Asbestos Research Grant
Jun 10, 2014
Researchers at the University of Pennsylvania have been awarded a $10 million grant from the National Institute for Environmental Health Sciences over the next four years “to study asbestos exposure pathways that lead to mesothelioma, the bioremediation of this hazardous material, and mechanisms that lead to asbestos-related diseases.” Issues to be investigated include: the remediation of asbestos disposal sites, the threat posed by environmental asbestos contamination, the existence of a genetic predisposition to develop mesothelioma and measures to prevent disease in exposed subjects. See: Penn receives $10 million award to study asbestos adverse health effects, remediation.
Senate Bill Threatens Victims’ Rights
May 14, 2014
Six months after the House of Representatives passed the Furthering Asbestos Claims Transparency Act, the Senate’s version of the bill has been tabled. Bill S. 2319 requires asbestos bankruptcy settlement trusts to release information on asbestos claimants including “detailed information regarding the receipt and disposition of claims for injuries on exposure to asbestos, and for other purposes.” Critics have said the “mean-spirited” Bill threatens victims’ privacy; in addition, they say, there is no evidence of “systematic fraud” in the asbestos trust system. See: Jeff Flake introduces Senate version of bill seeking transparency in asbestos bankruptcy trusts.
Contamination at South Carolina Resort
Apr 28, 2014
Land Services, a U.S. demolition firm which has received multiple citations for asbestos removal violations, is once again in the news. This time it is for work undertaken earlier this year at the Golden Sands Motel, a beach-front property in Myrtle Beach, South Carolina. In February, 2014 tests carried out by state regulators after demolition found asbestos in building debris; eleven citations were issued to the contractors. Last week a fence was erected around the piles of contaminated waste and the firm has said it will remove the material within two weeks. See: Illegal asbestos dumping creates headaches for environmental regulators.Apr 28, 2014
Asbestos Risk to Archaeologists
Apr 11, 2014
A letter published in the current issue of the Italian journal Medicina del Lavoro confirms the asbestos risk at historical sites such as the Enkleistra of St. Neophytos monastery on Cyprus where white asbestos was incorporated into religious murals to provide an attractive shine to the surface. Considering that asbestos items have been found at Neolithic and Bronze Ages sites, researchers are recommending that “a precautionary approach should be taken in all archaeological investigations regarding prehistoric and historic sites.” See: Byzantine Monks Built Walls With Asbestos, Too.
Asbestos Consumption Continues
Mar 5, 2014
A 199-page document published by the United States Geological Survey has revealed that although U.S. consumption of chrysotile asbestos dropped by 46% in 2013, it is likely that annual usage will continue at around 1,000 tonnes for the foreseeable future. The majority of the asbestos used (67%) was for the production of chloralkali; 30% was for the production of roofing materials with 3% going into unknown applications. In 2012 and 2013 worldwide mining of asbestos produced 1.97 and 1.94 million tonnes, respectively, with Russian annual output amounting to around 1 million tonnes. See: U.S. Mineral Commodity Summaries 2014.
Naturally Occurring Asbestos Hazard
Jan 17 2014
The hazard posed by naturally occurring asbestos in the Southern Nevada dessert was the focus of an academic paper published late last year. The authors warned that the asbestos fibers “could be transported by wind, water, cars or on clothing after outdoor recreational activities.” These findings present a serious problem for communities in the region, including Las Vegas. Research has identified similar problems elsewhere in the US; areas where naturally occurring asbestos has been found include the Sierras in California and Staten Island in N.Y. In El Dorado County California neighborhoods have been built on land with asbestos deposits. See: Landscapes Tainted by Asbestos.
Yalegate Scandal Unfolds
Jan 4, 2014
On January 3, 2014, the National Public Radio station in New Haven, home of Yale University, ran a 16-minute segment (25 sec into Where We Live broadcast) on the unfolding controversy over Yale's refusal to rescind the 1996 award of an honorary doctorate to Stephan Schmidheiny, in response to requests from Italian citizens who contracted asbestos-related diseases due to the operations of Schmidheiny's family business. The final question by the interviewer asked whether a man's philanthropic acts could compensate for past misdeeds. The answer by Dr. Barry Castleman, who testified in the landmark Italian trial which sentenced Schmidheiny to 16 years in prison, was an emphatic No!
Denial Strategy Targets Victims
Nov 5, 2013
Warren Buffet's Berkshire Hathaway Inc. (BH) is denying that it was company policy to "wrongfully delay or deny compensation to cancer victims ..." Over a number of years, BH has assumed billions of dollars of asbestos liabilities for global insurers including Lloyd's of London. According to a company spokesman, BH has "the largest single exposure to asbestos and pollution claims of any insurer today." U.S. corporations have taken legal action charging BH associates of bad-faith for committing "willful or knowing" acts that were "unfair or deceptive." See: Berkshire Hathaway Inc. Press Statement. Also see: Berkshire Hathaway subsidiaries deny, delay asbestos, hazard claims, suits, insiders allege.
Calls to Strip Schmidheiny of Yale Degree
Sep 13, 2013
A newspaper published by Yale University students this week reported calls for an honorary degree awarded to asbestos defendant Stephan Schmidheiny to be withdrawn. Sixteen years before Schmidheiny was sentenced to 16 years in jail by a Turin Court (2012), he had been feted at Yale. The University's President Richard Levin cited his creation of "an attainable vision of a global economy based on sustainable, ecologically sound development." In 2013, calls have been made by the Italian asbestos victims' group AfeVA for this honor to be withdrawn. So far, the university is standing by its decision according to Yale spokesman Tom Conroy. See: A Toxic Legacy.
Emergency at Puerto Rico University
Aug 25, 2013
The discovery of asbestos contamination at the University of Puerto Rico may result in half a million dollars' worth of remediation work at the General Studies Center on the Rio Piedras campus according to media reports being circulated. The University commissioned 200 samples to be taken in offices, public areas and outside spaces by an independent inspector; the results were expected last week. Costs incurred to date, which include the hiring of temporary classrooms, air testing, clean-up work and disposal of waste, have been paid for by the University. See: Asbesto le costará a la UPR más de $500,000 [Asbestos UPR will cost over $ 500,000].
Judicial Win for Victims in Louisiana
Aug 22, 2013
A jury found the Dow Chemical Company guilty of exposing former worker Sidney Mabile to asbestos as a result of which he has contracted the asbestos cancer, mesothelioma. Documents presented to the court "suggested that Dow had performed a 'cost per cancer' analysis and determined that it would cost Dow over $1.2 billion to switch all of its plants to non-asbestos processing methods." Dow has continued to use asbestos at its factories in the U.S. and abroad in order to keep production costs down; the jury was told that the use of this deadly substance reduces processing costs by approximately 10%. See: Dow Chemical Company Hit With $5.95 Million Asbestos Cancer Verdict.
Remediating Asbestos Superfund Site
Aug 12, 2013
The U.S. Environmental Protection Agency has outlined its future strategy for resolving the asbestos pollution of Libby, Montana. Work is ongoing on a toxicology assessment, risk assessment and feasibility study, all of which are due for completion by the end of 2014. The reports will be peer-reviewed by federal agencies including the White House prior to the commencement of the final phase in the Libby clean-up. As of now, it is believed that 400 deaths have occurred in Libby caused by exposure to asbestos generated by W. R. Grace & Co.'s mining of vermiculite. See: Libby asbestos: EPA promises assessment of risk by late next year.
IJOEH Asbestos Papers
Jul 27, 2013
The contents of the September 2013 issue of the International Journal Occupational and Environmental Health (IJOEH) include three texts on asbestos-related subjects. These are: UN Scientific Agency collaborating with scientists involved in sabotaging UN Rotterdam Convention; Use of asbestos building materials in Malaysia: legislative measures, the management, and recommendations for a ban on use; and A Commentary on 'Evaluation of take home (para-occupational) exposure to asbestos and disease: a review of the literature,' Donovan et al. The first of these articles can be downloaded free of charge. See: IJOEH Table of Contents 2013, Vol. 19 No. 3.
Attack by Asbestos Defendant Begins
Jul 22, 2013
Bankruptcy hearings of U.S. asbestos defendant Garlock Sealing Technologies begin today in North Carolina federal court. In 2010, Garlock sought protection under Chapter 11 from asbestos claims it estimated to be $125m; representatives of claimants believe this figure grossly underestimates the situation saying that total liabilities could be around $1.3bn. The company's problems relate to its production of asbestos gaskets and packing material. The controversial Garlock defense strategy is partially based on allegations of misdeeds by claimants and administrators of other asbestos bankruptcy trusts. See: To Fight Asbestos Cases, Garlock Uses Other Claims as Defense.
New York Times Editorial
June 20, 2013
The headline of an editorial in one of America's foremost newspapers said it all: "One-Sided Bill on Asbestos Injuries." The text was highly critical of a bill which had been "rammed" through a Congressional Committee to make it harder for asbestos claimants to get fair compensation. The Furthering Asbestos Claim Transparency Act of 2013 is, needless to say, being progressed by Republicans. While the burden it would place on the claimants is substantial, that put on asbestos companies is minimal. The editorial calls on Congress to undertake "an objective study of whether there is even a problem that needs fixing." See: One-Sided Bill on Asbestos Injuries.
Call for Review of Asbestos "Research"
Jun 7, 2013
On June 6, 2013, a New York Appeal Court upheld a decision which ordered an "in camera" (private) review of documentation between asbestos defendant Georgia Pacific (GP) and its in-house counsel Stewart Holm related to litigation-driven "research" intended to cast doubt on the health risk of exposures to chrysotile asbestos. GP's argument that this correspondence was covered by attorney-client privilege was dismissed by the panel of judges. See: Scientific articles, intended to cast doubt on harm caused by chrysotile asbestos, were potentially part of a crime–fraud and NYC Supreme Court, Appellate Division ruling.
Legislative Moves will Impact on Victims
May 24, 2013
A media statement by the American Association for Justice has highlighted the negative impact that the so-called "Furthering Asbestos Claim Transparency Act of 2013" (FACT) would have on the dispensation of compensation to asbestos claimants. The proposed legislation, backed by asbestos defendants, would impose new requirements on private asbestos bankruptcy trusts which would inevitably slow down the processing and payment of claims. Under the new FACT regime, the trusts would also be forced to divulge extensive information about asbestos victims. See: AAJ: Controversial Asbestos Bill Offensive, Unnecessary and Must be Stopped.
Publication of Articles on Asbestos
May 22, 2013
The current issue of The International Journal of Occupational and Environmental Health features three papers relating to the asbestos hazard which focus on the diverse approaches taken by national governments to asbestos. One of the publications - Why some, but not all, countries have banned asbestos - is authored by Korean researchers as is a commentary; another commentary on this subject is by Dr. Arthur Frank who criticizes the lack of political will which allows the dangerous trade in asbestos to persist in developed as well as developing countries. See: The International Journal of Occupational and Environmental Health 2013 Vol. 19, No. 2.
Public Responsibility of Health Professionals
May 13, 2013
An editorial in the May 5, 2013 issue of Environmental Health Perspectives called on public health professionals to "make the effort to make policy content and information of public interest both accessible and usable by the general public." Author Wael K. Al-Delaimy discussed the 2012 Position Statement on Asbestos issued by the Joint Policy Committee of the Societies of Epidemiology and highlighted the Russian-led "ethically controversial research collaboration" underway to block UN progress on designating chrysotile asbestos as a hazardous substance under the rules of the Rotterdam Convention. See: Editorial, Environmental Health Perspectives.
Scholarship for Asbestos Project
Apr 22, 2013
Professor Brett Walker was one of 175 scholars named as a winner of a 2013 John Simon Guggenheim Fellowship. His project, "The Slow Dying: Asbestos and the Unmaking of the Modern World," will study the toxic asbestos aftermath of terrorism, war or natural disasters in the US, Turkey, S. Africa, Russia, Canada and Japan. His investigations will cover incidents such as the attack on the World Trade Center and the Great East Japan Earthquake 2011 as well as the results of industrial decay. The transfer of hazardous asbestos technology across national borders will also be considered. See: MSU Historian wins Guggenheim Fellowship to conduct global study on asbestos poisoning.
Asbestos Exposure and Smoking Revisited
Apr 12, 2013
A paper published online by the American Journal of Respiratory and Critical Care Medicine advises people exposed to asbestos to stop smoking. Lead author Dr. Steven Markowitz says: "quitting smoking greatly reduces the increased lung cancer risk seen in this population." This conclusion was based on a study of a 2,377 North American asbestos-exposed insulators amongst whom a huge increased risk of lung cancer was found in smokers. Lung cancer mortality reduced significantly for those who stopped smoking a decade earlier; among those who had quit 30 years earlier, the incidence was the same as for non-smokers. See: Asbestos exposure, asbestosis, and smoking combined greatly increase lung cancer risk.
Accolade for IJOEH Asbestos Issues
Feb 1, 2013
Today the International Journal of Occupational and Environmental Health (IJOEH) has announced that asbestos issues coordinated by IBAS and published in 2003 and 2004 have been designated "Journals of the Month." Speaking about this, IBAS Coordinator Laurie Kazan-Allen said: "The 32 papers in these two issues addressed a question posed by industry in the 1970s: "Where would we be without asbestos? The ban asbestos campaign, which began as a grassroots activity on society's outer fringes, has now entered mainstream national debates on social justice, environmental racism and sustainability. The IJOEH issues helped us achieve this transformation." See: IJOEH Announcement.
Asbestos in Brakes
Jan 29, 2013
"An Amici Curiae Brief of Interested Physicians and Scientific Researchers" was submitted to the Maryland Court of Appeals on January 25, 2013 supporting the position that the inhalation of asbestos fibers brought into the home following the handling of asbestos-containing brakes can result in mesothelioma. The authors of this document detail extensive biomedical literature which proves that exposure to asbestos brakes can and does cause mesothelioma. They conclude: "There is ample scientific evidence to support the opinion that take home exposures to asbestos from a family member's work with asbestos containing brakes can cause or contribute to causing mesothelioma." See: Amici Curiae Brief.
Worldwide Asbestos Pandemic
Jan 11, 2013
A paper entitled "The Worldwide Pandemic of Asbestos-Related Diseases" was posted online one week ago by the Annual Review of Public Health, a University of California journal. Highlighting the consequences of asbestos use in the developed world, the authors comment on trends in early adopter countries and predict that the increased use of asbestos in developing countries "will result in an increase in asbestos-related diseases in the future." The authors conclude that: "societies need to do everything possible, including a ban on usage, to reduce exposures and to offer care to the unfortunate victims of asbestos-related diseases." See: The Worldwide Pandemic of Asbestos-Related Diseases.
Mesothelioma risk from Joint Compound
Dec 30, 2012
A paper in the International Journal of Occupational and Environmental Health documents links between U.S. exposure to drywall joint compound containing asbestos and mesothelioma – for a home remodeler, a maintenance worker and a family member, diagnosed in 2005, 2001 and 2000, respectively. The family member was the son of a man who used the compound at work as well as at home over an extensive period. The son contracted mesothelioma aged 32. The authors of this paper advise physicians treating mesothelioma patients to "obtain a history of exposure to these products during work or home remodeling." See: Mesothelioma associated with use of drywall joint compound.
Billion Dollar Asbestos Deficit
Dec 18, 2012
The findings of a new study reported in the Wall Street Journal (December 17) contain discouraging news for insurers about long tail asbestos liabilities. Actuaries warn that previous predictions had underestimated total asbestos-related costs by up to $11 billion. The asbestos shortfall could adversely impact on the financial prospects of major U.S. insurers amongst which is Warren Buffet's Berkshire Hathaway Inc., which has assumed billions of dollars of asbestos liabilities including those of various insurance syndicates from Lloyd's of London. See: U.S. insurers face $11 billion more in asbestos-related costs.
Houston Workers Exposed to Asbestos
Nov 13, 2012
Sub-contracted workers employed to repair breakages in Houston's water supply system were exposed to asbestos contained in some 1,000 miles of underground asbestos-cement pipes while they carried out 200 emergency repairs last summer. Repair workers Luis Matute and Abraham Rodriguez told a journalist that they had neither been informed of the asbestos hazard nor been provided with protective clothing or respirators. When questioned about this situation, Houston's Public Works Director said that it was the responsibility of the contractor to ensure compliance with occupational safety laws. See: City contract workers exposed to asbestos while on the job.
Overturn of U.S. Asbestos Ban
Oct 18, 2012
Twenty-one years ago today, the U.S. Court of Appeals for the Fifth Circuit vacated the Asbestos Ban and Phase-out Rule (ABPR) drafted by the Environmental Protection Agency to "reduce the unreasonable risks presented to human health by exposure to asbestos." In the vacuum left by the demise of the ABPR, a further 300,000+ tonnes of asbestos fiber was used and vast amounts of asbestos-containing construction products, friction materials and assorted other asbestos-containing items were incorporated into the U.S. infrastructure. The political, commercial and public relations attack on the U.S. law was spearheaded by Canadian asbestos stakeholders. See: October 18, 2011: A Bloody Anniversary.
Call for Global Ban on Asbestos
Oct 1, 2012
The urgent need to implement a global ban on the mining, processing and use of asbestos is the focus of two editorials in the current issue of the International Journal of Occupational and Environmental Health (IJOEH). The articles (both free to view online) are entitled: "Call to action: epidemiologists assert themselves with scientific data" and "China and the US: asbestos in common." In the second editorial, Dr. Arthur Frank highlights the failure of the US to ban asbestos and the part played by Canadian vested interests in the propaganda war mounted by the asbestos lobby. See: IJOEH, September 3, 2012 Contents page.
Asbestos Lobbyists Exposed!
Jul 27, 2012
In the Position Statement on Asbestos by the Joint Policy Committee of the Societies of Epidemiology bodies exposed as asbestos industry fronts include: the Canadian, Russian and Brazilian Chrysotile Institutes. Other asbestos lobbying groups named are: the Asbestos Cement Products Manufacturers Association of India, the Mexican Institute of Fibro Industries, the Vietnam National Roof Sheet Association, the Thai Chrysotile Information Center, the Ukrainian Chrysotile Corporation, the Chrysotile Asbestos Cement Products of Sri Lanka, the Fibre Association of Colombia, the Asbestos Information Centre of India and the Asbestos Association of Central Asia and Kazakhstan. See: Position Statement.
Latest Asbestos Trade Data
Jul 24, 2012
The United States Geological Survey is widely regarded as the authoritiave source for data on the global asbestos trade. On July 23, 2012, information became available which revealed that while overall the levels of asbestos consumption and production worldwide remained stable at around 2 million tonnes, there were some surprising developments: a 12% increase in Brazilian asbestos production was dwarfed by a 33% rise in domestic consumption; annual asbestos usage fell by 24% in India; consumption increased by 11% and 4% respectively in Indonesia and China. In 2011 Asian asbestos markets accounted for 64% of global use, a fall from 69% in 2010.
Surgical Progress on Mesothelioma?
Jun 24, 2012
Details of radical surgical procedures conducted by thoracic surgeon Joseph S. Friedberg and his team at the University of Pennsylvania on pleural mesothelioma patients were published last month in the Annals of Thoracic Surgery. More than 70% of the 25 patients treated were alive two years after surgery, including four who had survived post-op for five years. The surgery, which takes fourteen hours, involves stripping out the cancer while protecting the lung; laser light therapy is used to kill off residual malignant cells. See: Radical Pleurectomy and Intraoperative Photodynamic Therapy for Malignant Pleural Mesothelioma and Penn surgeon makes headway against a rare lung cancer.
Appeal for Mesothelioma Funding
Jun 6, 2012
Nurse Practitioner Mary Hesdorffer from the Mesothelioma Applied Research Foundation (MARF) today appeared before the U.S. Senate Committee on Appropriations - Subcommittee on Defense (Fiscal Year 2013 Appropriations Outside Witness Testimony Hearing). Highlighting the high incidence of mesothelioma amongst former navy personnel and shipyard workers, Ms. Hesdorffer referred to the case of a navy veteran with mesothelioma, who had undergone extreme surgery to prolong his life. Ms. Hesdorffer categorized mesothelioma as a "critical national priority," and appealed for $5 million research funding. See: Mary Hesdorffer's testimony (minutes 97-101 of the webcast).
Praeger Handbook - Asbestos
May 10, 2012
The Praeger Handbook of Environmental Health published at the end of April 2012 includes a chapter on asbestos written by Dr. Joch McCulloch, an Australian historian. Dr. McCulloch details the history of asbestos use, the emergence of an occupational health crisis, the controversy over the status of chrysotile (white) asbestos as well as the suppression of emerging knowledge regarding the hazards of asbestos by industry stakeholders and vested interests. He highlights the role of social movements in combatting the asbestos scourge amongst which the work of the International Ban Asbestos Secretariat is singled out. See: Asbestos Chapter, Praeger Handbook.
EPA Scientist Reinstated
May 9, 2012
Environmental scientist and veteran EPA employee Dr Cate Jenkins was fired from her job in 2010 for publicizing concerns over the environmental contamination caused by the events on 9/11. Even as the head of the EPA, Christine Todd Whitman, reassured New Yorkers that the air in downtown Manhattan was safe to breathe, high levels of airborne toxins were being recorded. After repeating these accusations to Congress Dr Jenkins was harassed and then sacked. Earlier this week Ms. Jenkins was reinstated when a federal court ruled in her favour. See: Asbestos Spectre Haunts Manhattan September 2002 and EPA scientist who warned of caustic dust from Ground Zero wins job back.
Asbestos Work during UN Renovations
Apr 30, 2012
The April 27th daily briefing given on behalf of UN Secretary-General Ban Ki-Moon highlighted awareness of the asbestos hazard with the Deputy Spokesperson saying that "the handling and abatement of asbestos is among the mostly strictly regulated areas of any industry in the United States." He confirmed that the UN is complying with all the asbestos abatement regulations both state and federal during ongoing renovation work. As required by law, the abatement work is under continuous monitoring by a certified independent environmental consultant. See: U.N. applies all regulations regarding asbestos abatement.
Defendants Kill U.S. Victim?
Apr 22, 2012
Sixty-nine year old John Johnson died hours after finishing the last session in a 25-hour series of depositions regarding the legal claim he and his wife had launched against dozens of defendants who had, they alleged, exposed the former marine to asbestos. It was mesothelioma which killed him but it was, his family, his doctor and his lawyers believe, the trauma and exhaustion brought on by the endless questioning by defence attorneys that hastened his demise. As a result of his January 24 death, the value of his claim could be reduced by up to 70%. See: Mesothelioma victims deserve better than wasteful legal maneuvers.
Inferiority of Asbestos-cement Pipes
Apr 21, 2012
Research by American academics has shown that the asbestos industry's claims regarding the superior functionality of asbestos-cement pipes are unfounded. The findings by Utah State University laboratory concluded that "PVC pipe has the lowest overall failure rate when compared to cast iron, ductile iron, and concrete, steel and asbestos cement pipes." The most common failure (49.9%) for asbestos cement pipes was a circumferential crack. The causes of other failures of asbestos cement pipes were: 28.6% due to unknown causes, 11.2% to longitudinal cracks and 11% to pits or holes (corrosion). See: Water Main Break Rates in the USA and Canada: A Comprehensive Study.
Award for Asbestos Exposé
Dec 1, 2011
Yesterday, an exposé of the global asbestos industry received official recognition when it was awarded a prize for Best Enterprise Feature on a Website from the Editor & Publisher, a leading North American commentary specializing on issues relating to all facets of the newspaper industry. The series, produced by the Center for Public Integrity and the BBC in 2010, included an astonishing number of newspaper and website articles, podcasts, documentaries, radio programs, commentaries and blogs under the banner: Dangers in the Dust - Inside the Global Asbestos Trade. The investigation was termed a "public-relations tsunami" for the asbestos industry. See: Dangers in the Dust.
Asbestos Rat in Princeton!
Oct 21, 2011
An inflatable rat is standing guard over the Firestone Library at Princeton University where asbestos removal work has begun. The 20-foot rodent is there to highlight the use of nonunionized workers by contractors carrying out pre-demolition decontamination work. The rodent has been put into position on Nassau Street by the Asbestos, Lead & Hazardous Waste Laborers' Local 78. The student newspaper - the Princeton Patch - has identified the contractor as NCM Demo & Remediation. According to a university spokesperson, strict procedures are in place to protect the workers. "Safety," he said "is the most important consideration in this project." See: Daily Princtonian report.
Mesothelioma Awareness Day
Sep 26, 2011
Since 2004, September 26 has been marked as Mesothelioma Awareness Day by volunteers and supporters of the Mesothelioma Applied Research Foundation (MARF) who have taken part in activities to raise awareness and collect funds for medical research into the asbestos cancer, mesothelioma. MARF not only provides one on one support to U.S. mesothelioma victims and their families but also provides financial resources to scientists pioneering peer-reviewed, mesothelioma research into this deadly cancer. See: MARF Announcement.
2010 Asbestos Data
Aug 31, 2011
New data uploaded by the United States Geological Survey reveals that although global consumption of asbestos remains at just over 2 million tonnes a year, usage in the U.S. "although increasing from that of 2009, remained lower than consumption for the prior 100 years." Although the collapse in Canadian output, from 200,000 tonnes in 2006 to 100,000 in 2010 stands out, decreases in production were noted in most major producers including China, Brazil and Kazakhstan; Russian output remained at one million tonnes for the second consecutive year. See: U.S.G.S. Asbestos Data.
Johnson ASTM Conference
Aug 1, 2011
The Johnson ASTM Conference which took place in Vermont last week attracted technical experts on a range of asbestos issues from 10 countries. Four interviews with selected speakers which were conducted by a local public access TV station can be watched online. The 30 minutes segments, hosted by Vince Brennan, can be accessed from the webpage: Center for Media & Democracy. During one of the interviews, the panel discussed a trip taken to Thetford Mines, an asbestos mining town just across the Canadian border. After lunch, many of the experts collected samples of asbestos fibers scattered throughout the car park much to the amusement of the waitresses.
Cancer Prevention and Asbestos
July 18, 2011
An editorial entitled Global Prevention of Environmental and Occupational Cancer appears in the current issue of Environmental Health Perspectives, the most widely read peer-reviewed journal on the impact of the environment on human health. The editorial highlights the burden of cancer caused by toxic exposures at home and at work, naming asbestos first in a list of "the most common environmental carcinogens." Recommendations made at a WHO meeting held in Spain in March 2011 are detailed. The implementation of these recommendations "will also prevent recurrence of such tragedies as the global asbestos epidemic, which now claims > 100,000 lives each year."
No Asbestos, No Mesothelioma
Apr 15, 2011
A report published in the American Journal of Industrial Medicine concludes that "Malignant mesothelioma was rare prior to the widespread commercial introduction of asbestos." A review of 2,025 autopsies carried out at a New York hospital between 1883 and 1910 identified 281 cases of malignant neoplasms amongst which were no "definite cases of malignant mesothelioma" or endothelioma of the pleura as they were previously referred to. See: Rarity of Malignant Mesothelioma Prior to the Widespread Commercial Introduction of Asbestos: The Mount Sinai Autopsy Expereience 1883-1910.
Asbestos Threat to Public Health
Apr 1, 2011
An important academic paper has been published in the International Journal of Health Services entitled: The Global Reorganization and Revitalization of the Asbestos Industry, 1970-2007. Author Dr. Jim Rice methodically details the long-term strategy vested interests have pursued to manipulate the asbestos agenda. The global revitalization of the asbestos industry during this period has the potential "to prefigure a significant expansion of asbestos-related disease into the 21st century, absent a global ban on asbestos use." Dr. Rice concludes: "The production and consumption of asbestos in the developing countries is a 'needless and expanding' threat to public health." See: Baywood Publishing website.
Asbestos Use Falls to New Low in U.S.
Feb 16 2011
A central plank of pro-asbestos propaganda is the lack of an asbestos ban in the U.S. While the U.S. ban was overturned due to legal technicalities, a de facto ban does indeed exist. The latest data from the United States Geological Survey (U.S.G.S.) reveals that between 2006 and 2010 U.S. asbestos imports fell by 63% from 2230 to 829 tonnes. Historically, the vast majority of asbestos imported to the U.S. has come from Canada. The data just obtained show that this remains true - 90% of asbestos imported to the U.S. is from Canada. See: U.S.G.S. Asbestos Consumption Data.
Fall in U.S. Asbestos Consumption
Jan 5, 2011
Figures released in 2011 by the USGS confirm the downward trend in U.S. asbestos consumption noted in the 2009 Minerals Yearbook; the Asbestos chapter reported 2009 usage of 869 tonnes, a 41% decrease on the 2008 figure. The latest data show a collapse in demand for imported asbestos-containing products, the value of which fell by 71% for corresponding periods January-October 2009 ($11,351,389) and 2010 ($3,211,459). Of the 17 categories of products listed, 12 showed decreases by value while 5 showed increases. Currently, the most valuable imported asbestos product category - brake linings and pads - is worth $1,663,312. See file: U.S. Asbestos Imports.
Asbestos Awareness Week
Apr 1, 2010
In the run-up to its 6th annual conference, the (U.S.) Asbestos Diseases Awareness Organization (ADAO) has made available a range of on-line comments and resources addressing priority subjects in the national asbestos dialogue including: the prevention of exposure, product testing, medical issues, politics and the mobilization of civil society. See: ADAO website.
Call to Ban Asbestos in the U.S.
Nov 11, 2009
At the 2009 meeting of the American Public Health Association, the largest public health group in the world, a resolution was adopted calling for Congressional action to ban the manufacture, sale, import and export of asbestos and asbestos-containing products in, to and from the United States. For more information, see: Cold Truth article
U.S. Mesothelioma Awareness Day
Sep 26, 2009
In a U.S. Senate resolution, September 26, 2009 was designated "National Mesothelioma Awareness Day," to raise awareness of a cancer caused by exposures to asbestos such as those experienced by fireman, police officers and rescue workers who were emergency responders to the September 11, 2001 emergencies. More than 3,000 Americans die every year from mesothelioma, a disease for which there is no cure.
To learn more about the devastation asbestos continues to cause in the U.S. see the website: http://www.asbestosdiseaseawareness.org/
World Conference on Lung Cancer
Aug 5, 2009
From July 31 to August 4, 2009, the 13th World Conference on Lung Cancer took place in San Francisco, California. Amongst the issues on the agenda was the evaluation of results from recent clinical trials related to mesothelioma. The presence of eminent asbestos specialists from around the world reinforced the emphasis on the subject of mesothelioma research and treatment. Amongst the invited speakers were: Ken Takahashi (Japan), Bruce Robinson (Australia), Dean Fennell (UK), Ken O'Bryne (Ireland) and Hedy Kindler and Steven Abelda (US).