Document 4QRNkdGJKGoyb56O9nNMRYG3p

1 MMlM e%Pr ns I >*mb ...... msnw w *** w h SSu 1- Februory 24, 1972 t p^urr v. rjOATIrJZi'J ASJiiOCJATJO n I TO: ALL CLASS A MEMBERS SUBJECT: LEAD IN PAINTS -- Senote Hearings and FDA Aefion In my "Immediate Action" letter of February. 15, I indicated that the Food and Diug Administration was moving toward a 0.04% lead standard far paints because, among other reasons, it wee Felt that the paint industry had Failed to melee clear why lead is needed in its products and the impact that on immediate ban on lead would have on the industry ond its products. Since my letter there have been some new develop ments. Let me bring you up to date: FIRST, the Senate hearings on S. 3060 (to amend the Lead-Based Paint Poisoning Prevention Act, in part by setting an arbitrary 0.06% lead level in paints) have been reicheduled. Instead of February 24, they are to be held an Monday and Tuesday, March 6 and 7, 1972 . To make every effort to sea that out industry gets a fair shake in this most-important hearing, we are preparing a strong statement and are lining up witnesses from bath in ond out of industry. WHAT YOU MUST DO, if you have not done so already, is write or call your own Senator, particularly if he it a member af the Senate Committee on Lobar and fablic Welfare or a sponsor of the bill. (Their names, addresses and telephone .`.vr.ae.-i a*e ottocheu). You should urge them to consider these important points: 1. The need far mare research to determine the critical lead level above which dried pain* films may truly be considered hazardous- (There is practically no data available on the hazards of certain lead compounds as part of dried paint film.) 2. The naad far and essential uses of load compounds in paint products today. (Obviously, the impact on your own company, if the use of that# compounds ware prohibited, would most imprest your Senator.; 3. The naad for a rearonable period of time (up to two years; far our entire industry la convert to substitutes far lead driers, if this is found to be nacestory. ' 4. The economic hardship our industry can, and will endure if an unreason able standard for lead is coupled with an unsaatanabla rime far campllancn. 5. The feet that the Deportment of Health, Education and Welfare is right now gathering evidence with which to establish a standard for load. Such work should not be undercut by a legislative standard issued even before this work is completed and all of the facts are In. _. 0007-StfP--036643 N21878 -2- SECOND, and apart from rha legislative hearings, the food end Drug Administration has token new action: It ha* published e Notice in the federal Register (on February 19, 197?) entitled "Faints and Other Surface-Coatings Containing Heavy Metal* -- Reguest for Data." This is on official FDA action requesting paint manufacturers to volunteer additional facts regarding the use ond need of leod and certain other heavy metal* in paint and related products. The Notice (enclosed! ~~~ requests the following data: (I) the amount of the named heavy metals found in each product anolyzed, (2) whether the heavy metals were intentionally added, (3) the reason for such addition, and (4) a current label for each analyzed product. The FDA DEADLINE 15 APRIL 7. We recognise that much of the requested data is not readily available and could not. In tome cotes, be gathered in time to meet the FDA deadline. Also, we are aware that the request covers a wide range of both ptaduct* and ingredients and, particularly, that the cost fot anolysis of eoch would be prohibitive to mast companies. If these problems make it Impossible for your company to respond to this request, you should so indicate to PDA. If, on the other hand, you can provide this data, I recommend that you respond to the FDA request to the eistent prodieol, even though this is not a mandatory requirement. The information you submit should bo sent directly to the Food and Drug Administration (Bureau of Product Safety, 5401 Westbard Avenue, Bethesda, Maryland 20016), with a copy to the Association. THIRD. My letter of 2/1S/72 indicated NPCA needed to have the fallowing information to assist industry in this vital issue: 1. The kinds of lead ingredients (e.g. driers and pigments) presently used in your product lines. 2. The kinds of products using leod ingredients and the percent by weight of lead in the dried film. 3. The status of substitutes for lead driers. 4. Whether data is available concerning the toxicity of substitutes for lead driers. 5. The time it would take to teformuiate and produce finished product^using substitutes for lead driers. 6. The effect on product perfloraionce if lead driers were eliminated. If you have not responded to this request, please do so at once I In my opinion, the same data would be helpful in your developing a useful response to the FDA Inquiry. It Is incumbent upon us to tofee positive action in this regard and to cooperate with the involved Federal agencies to the fullest ex tent possible. * . New, before concluding, let me quickly run back through WHAT YOU CAN DO to help us: 1. Write or call your Senators^* I have indicated above, hitting herd on those points suggested. 2. Develop a meaningful response to the FDA Inquiry that will tell our side of the story. Remember, it may be just as important to indicate what yaw cannot da. For example, da you have the man power or equipment necessary to analyze your products in the manner requested ? , > 0007-SWP-036644 iA 0007-SWP-000117961 -3--3. Supply us, if you hove no* already done IO, with the information obout uss of lead requested by my lattar of February 15 and rapaotad above. Remember this. Those opposed to the use of lead, as well as certain ether heavy metals in paints, are convinced that these proposed restrictions ora necessary. We do not concur. However, under these circumstances, we must ensure that our story and, particularly, the impact of such actions ore made known to the Congress and responsible officials of the involved Federal agencies. With such information, we are hopeful that due consideration will be given to all the facts ond that premature and unwarranted restrictive octions will not be token by our government. With kindest regards. Executive Vice President RAR/ew attachments 0007-SWP-036645 0007-SWP-000117962