Document 85oJNg0j5Y2Q3njq3QN2R754m

FILE NAME: Dow Chemical (DOW) DATE: 1939 July 18 DOC#: DOW017 DOCUMENT DESCRIPTION: Confidential Report to Class A Members RE Toxic Materials from the National Paint, Paint, Varnish and Lacquer Association Jfa iu m a i ijfn m i, ;& anusl| anb JEn rtju cr JVssociattnn efneot I N n AT K 220!NEW YORK AVC.N.W.,WASHINOTON,O.C. M l tl N X to l l l l li T T, T il . V uaiM TW nctMuiKinnMi t>wuinm, chum .NinjtCE.huiwm orrici or the president v u :* n .* r - ~ iiiu u w. Itio x . iM ia iiN . c ; i v m -- m. e iu e # o * u . w u * , . . , . . July 18, 1939 TO CLASS A vs-ssas CONFIDENTIAL Not for Publication ion4v v ic t ^ ;r;tN T | it ^ i t t t *?' :*i g a tf ttli" - * . u t f f l , * | v :*! f I ( U t LCU:*iUt *ura i. cf.:* > Mtry$ i otvmowAL v t c t . m r ;: * T xOltMkt t m i'M --t, , : * .l CITT To:ic r.%t*rials with their ever-present problens require our conscienticis :cnsideretion of the fundamental principle involved. The National Faint, Varnish .0 Lacquer Association is keenly interested in providing Cltss A ni.ibero v.;tn no mucn inforation on this subject as is practicable at this ti:ie. This in formation being confidential is not intended for general publication, - it is bfcing sent only to the Class A group. Please respect this confidence. The vital factor concerning toxic materials is to intelligently safegucra the public. People ray feel safer in buying materials whose danger they know rath.-r than ccteriais unknown to them. We trust the several phases presented herein dll bo of some- benefit to centers in applying every precautionary erasure in z&nufccturing, in selling end in use where toxic materials are likc-ly to or ao enter a product* Toxics end their effects is e subject very broad in scope und can-only briefly bo treated in this mpsatge. Children's toys, equipment, furniture, etc. are not the only consideration. Tcxics - ..i.'ny compounds used in'points or lacquers mey hove harmful effects if cr.role'ssly handled. Toxic tutorials may enter tho body through the lungs in the foru of dust, mist, vapors, or geses, through the skin, or through the mouth end stomach, oetcricl inhaled into the nose und mouth can dissolve in the saliva and be swallowed. Irritant materials may also hove a direct action upon tna skin end the mucous ntabranes of the. sys,nose, mouth, and threat. It oust be remembered that ell people do not react in the some way when exposed to chemicals. Some may be quite seriously affected by quantities which are harmless to others. Hence, it follows that any one using print and allied prod ucts should provide adequate ventilation and should observe ordinary sanitury measures such as the washing of the hands end face before eating und toping the clothes clean. Dirty work clothes, including sho^s, can be* an important source of skin absorption. Some of the ingredients of paints and allied products night receive apodal mention because of thoir specific effects, rothox than bucause they uerely displace pert of the air or ccuae slight discomfort if taken into the stomach or system. /> The following pigments muy be considered r.s toxic if thsy find thoir way into stomich. The .'mount tolerated by the body varies with the pigtent. Antiucny. Antinomy oxide, Naples yellow, or other antimo'.iy (Antimony is supposed to be considerably loss toxic than leadj^ftr NCA 0 02901 N 68 / - 2- thare is much evidence t* iudicat that it is a toxic aetarial.) any cases of suspected untunouy poisoning have been traced to the ac^ocpanyinj lu.d. Arsenic .Ccmpounda, Paris green or other compounds containing k-senic. CvV-i'U... C->'xiuc: sulfides uvi selenidcs ere toxic, but tiling to the is'.car u;fed Dissents, C h r . Chro-ctes of nil typos aro understood tc be roi-ti.-ciy tcxic. C.roriuu oxides -re relatively :ior.-toxic. lc"M Coi*-!OunQ5. Waite lerd, red iead, iitnrxge, load chror.i.tos (chrcr.e yellow, chrooc green), or other lead piguents. Perrun-*. Red ur.d yellow oxides of tercury or other products containing .".ers.ury. - Liquids - Alcrhols. T h e toxicity of nethyl alcohol is very v e i l xro*sn. A s used in"lacquers, the other alcohols are relatively harmless. i?c-R,,cu.-- Trie is pi'cbatly tn*. west dangerous cf all commercial solvuits, but its use in our industry is probably restricted to curtain paint end vanish recovers. Chlorinated Hydrocarbons. Carbon titrichloride, trichlor ethylene, tctrr.chici-cthnne, uthyle.ie uiciJ.oride, and similar chlorinated eli- ph '.tic hydrocarbons ire said to be very 0 (erode tones. Chloruu-ted 'yd-tic hyu.-oc.rbor. ;r- s-I-l to be ..ocr- tone t:.u tuc coriuT.ronu4-.g *'yurocuraon itcoif, but some chlorinated treaties are frequently tne source of rkin troubles. Lacquer Solvents. There is scae evidence that the acetates-- ethyl butyl uid cmyl-- ere more cr less toxic. Acotone and th) ether ketones a r e r.ir.tively hrraless, Mc.t other solvents used to a lessor xtnt are either neroless in thesselves, are used in such relatively smell aoounts, or arc so slowly evaporating that they present no hexard. Ucthyl Alcohol. The use of this product should bo avoided. It is definitely poisonous. Solvent Kaphtha. This is clso relatively non-toxic ns compared tc benzol, cud probably less toxic than toluol end xylol. Toluol end Xylol. In equal concentrations, those oru said tv be more tcxic than bontol, but beenuae they are loss volatile the actual hazard is usually less. 1 NCA 0 02902 / -3- TrlcresyL Phosphates. The para- and raeta-tricresyl phosphates which are used as plasticizers are non-toxic. Ortho-trieresyl phosphate, on the other hand, ie- a violent poison. Turpentine and "ineral Spirits. These products are relatively non-toxic but are still listed in works on toxicology 6 causing eczeaa and irri tation of the skin and raucous aerabrunos, Soot people exposed to the f-zes ere subject to internal disorders whan breathing substantial neurits of turpentine, Kir.ard spirits is less texic then turpentine. C-*hcr rlssticizors. Very little is known regarding the toxicity of ether c.-nnon so-called cheaical pl.-.sticizers, but the hazard frea volatility or dust is, of course, snail. ?ne min ccncidtration, whenever paint products are used, is constant repetition to the paint consumer of the necessity of employing adequate ventilation and maintaining personal hygiene. Printed Matter - Color cards and advertising literature should not in clude any reference by the use of words or sketches to Indicate or reccra ne-nd a product for children's toys, equipment, furniture, etc., unless* it is absolutely free from toxic anteriala. Ncn-Foiscnous Colors - It is generally conceded there is relatively little danger of toxic effect fron paints on toys and nursery furniture, as both the paint manufacturer and the toy manufacturer are familiar with the types of non-poisenous pigments to use. Nevertheless, the individual ceapany should constantly guard against using any toxic raaterial, especially lead compounds, in products for finishing children's toys, etc. Botes (See page #7 of "Odds and Ends", o special circular of the Scientific Section National Faint, Varnish and Lacquer Association, issued August 1938.) Grew-ups are exposed to sorae hazards as in the case of children. There fore products for finishing pencils, and other articles that oay be placed in the mouth, through habit, require the use of toxic-free oattrials. Labeling - No definite procedure Is recomraended for labeling. Labeling is serious since it becomes a public matter 1th the question as to what would result if this were done. Each manufacturer can ably cope with the toxic raaterial situation by constantly safeguarding the public through the prod ucts he manufactures and by the repetition of instructions to salesman, servica man and others who can intelligently instruct the consuaer of the advantages of providing adequate ventilation and of maintaining personal hygiene. General - The statement of legal principles listed below was prepared for and distributed by the Manufacturing Chemists' Association for the guidance of its members concerned with labeling problems, and la supported by decisions of the courts. Although the principles set forth are not entirely the result of litigation involving raaterial used by mcabers of our industry they are nevertheless generally applicable to situations arising from the use of harmful substances. NCA 0 02501 / iitnufttCtaring Chemists1 Association Legal Principles 1. A manufacturer who puts out c dangerous article or substance without cconpanying-it with u warning aa to its dangerous properties is crcir.srily liable for any docuga which result* from such failure tc warn. 2. A manufacturer or dealer who erroneously labels a dangerous drug with the r.&me of a harolusc substance is liable for any injury which cay te caused thereby. 3. Failure to cer.ply with c statute, e.g., with respect tc labeling pcisens, is usually held tc be negligence par so or ct least evi:.-.:ce of negligence. A. The name of the product alone nay be sufficient warning, if its na ture is very widely known or its si;ie is restricted to those who arc . prjS'joea tc know it* nature, but even in such cases the edvisaoility of a specific warning is indicated. 5. Technical cecuracy -tay not bo sufficient protection for the aanufecturer if he uss words which say give the purchaser the iapressicn that his product is not '.het it actually is. 6. A nonwarronty of results is not a warning against possible dangerous r^sults.^. 7. The consumer is entitlca to rely on positive representations or di rections i.ppeoring on the label unless ha knows thee te be incorrect. 8. The manufacturer is ordinarily not liable if his product is put tc a use fer which it is not intended and an injury results which could net reasonably have been foreseen. I* is often difficult, however, to knew whether a particular result should have been foreseen, and the courts are apt to differ on this pcint. 9. The manufacturer or one who holds himself out tc be the manufacturer must know tho qualities of his product and ho cannot escape liability on tho ground that ho did not know it to be dangerous. 10. The general rule that a manufacturer is not liable to these not in privity of contract with him doos not apply when his product is immi nently or inherently oangerous. Conclusion - lie grant that tills is a very broad subject, and doubt if a concis? set cf rules con be established. Nevertheless, it say be sola that our members can meet their individual problems in safeguarding the public, including of course our own factory employees, by their sincere effort in taking advantage of ..-very possible proccutlon in the use of toxic materials in manufacturing, selling and in use* Such precautions plus constant repetition of intelligent instructions will, it is believed, securo the best re,