Document ByVL5K3edXjzVkXjoxn95DRXL

J?nnusl| <uir JCarqitct* Association O^FICtRS INCORPORATED mies.president--erni*t t. imrro 2201 NEW YORK AVt N. W., WASHINCTON, O. C. VICtrfCSIOCHT--MAN* L. SULZIUCCI. CaiaM TREASURES--*. . NATLACK. PMIIARRLRRIA OFFICE OF THE PRESIDENT St:RETART--RCUEL W. ELTON. WainirsTO* COUNSEL--M. 0. MACDONALD. WASHl>RTg July 13, 1939 TO CLASS A .VL-3ER5; CONFIDENTIAL Not for Publication Rf (SIGNAL VI'F. PS r :--r kTt new citeur-*iii(i l. irt. :r*ci tASTCIN--~0. M LIT T C |. nCW *:** lOUTRCtB--C. f KfLLT LCL' JViLLt CtfcTAL--MILTON * Hkt. C-.:aCO tITC----- . P P*trrj ;a. ft a,; divisional vicc.Fsrs:: :nt wot UAL c OIV'I'OH--L. i. c Ik 11 tC Toxic materials with their ever-present problems require our conscientious con sideration of the fundamental principles involved. Tine Neticr.al Paint, Varv.ish and Lacquer Association is keenly interested in providing Class A menders with as much information on this subject as is practicable at this tire. This in formation being confidential is not intended for general publication, - it is# being sent only to the Class A group. Please respect this confidence. The vital factor concerning toxic ..materials is to intelligently safeguard the public. People nay feel safer in buying materials whose danger they know rath.-r than materials unknown to them. We trust the several phases presented herein will bo of some benefit to members in applying every precautionary measure in .manufacturing, in selling and in use where toxic materials are like-ly to or ao enter a product. . Toxics and their effects is a subject very broad in scope and can only briefly bt* treated in this message. ' Children's toys, equipment, furniture, etc. are not tne only consideration. Toxics - ..lony compounds used in paints or lacquers may have harmful effects if carelessly handled. . Toxic materials may enter the hody through the lungs in the form of dust, mist, vapors, or gases, through the skin, or through the mouth and stomach, i-'.atcrial inhaled into the nose and mouth can dissolve in the saliva and be sv/ellovsd. Irritant materials may also hove a direct action upon tno skin and the mucous membranes of the. ays,nose, mouth, and throat. It must be remembered that all people do not react in the same way when exposed to chemicals. Some may be quite seriously affected by quantities which ere harmless tc others. Hence, it follows that any one using paint and allied prod ucts should provide adequate ventilation and should observe ordinary sanitary measures such as the washing of the hands and facs before eating and keeping the clothes clean. Dirty ?/ork clothes, including sho^s, can bo an important source of skin absorption. Some of the ingredients of paints end allied products might receive special mention because of their specific effects, rather than because they merely displace pert of the air or cause slight discomfort if taken into the stomach ( or system. V /\ The following pigments muy be considered as toxic if they find their way into stom.ich. The :mount tolerated by the tody varies with the pigment '.`1-'**mL) Antimony. Antinomy oxide, Naples yellow, or ether ontiao.iy (Antimony is supposed to be considerably loss toxic than lead - NC A U 02901 2/ - - there is much evidence to indicate that it is a toxic tutorial.) x_ny cases of suspected antimony poisoning have been trrced to the accompanying ler.d. Arsenic Compounds. Paris green or other compounds containing arsenic. C:1.1'-'!'iL:. Ca.lcj.urii sulfides r.nd sflcniJps ore toxic, Put belong to the I. ;cor u;ed pigments. thr . Chro.~c.tes of nil types are understood tc be reiuti.-ciy toxic. Chror.iu.-r. oroides are relatively non-toxic. Lend Connounas. Wnite lead, red lead, iitnarge, load chromatos (chrome voilcA', chrome green), or other lead pigments. her:ury. Red or.d yellow oxides of mercury or other products containing mercury. - Liquids - Alcohols. The toxicity of methyl alcohol is very r/eil ato*ti. As used in lacquers, the other alcohols are relatively harmless. her.col. This is probably tnr. most dangerous cf all commercial solvents, but its use ir. our industry is probably restricted to certain ^int ana vernish recovers. Chlorinated Hydrocarbons. Carbon tetrachloride, trich.lor ethylene, tutrnchlercthnne, ethylene diciiloride, and similar chlorinated ali phatic hydrocarbons are said to be very d Jigeroop tonics* Chlormuted rouU.tic hyuroc .rbor.a ; ro c~id to be leer toxic th a the corrcr.(.onuj...g ''yurocurbon it coif, but some chlorinated area tics are frequently tne sour of :'km troubles. Loccuer Solvents. There is seme evidence that the acetates--ethyl, butyl und aayl--ere more cr less toxic. Acetone "r.d tm other ketones .are relatively hrrmless. Mcot other solvents used to a lesser extent are either hornless in them selves, are used in such relatively small amounts, or are sc sicsrly evaporating that they present no hazard. Methyl Alcohol. The use of this product should be avoided. It is aefinitely poisonous. Solvent Naphtha. This is also relatively non-texic as compared tc benzol, and probably less toxic than toluol ^nd xylol. Tulucl und Xylol. In equal concentrations, these are said to be mere f tcxic than benzol, but beenuse they are less volatile the actual V hazard is usually less. 1 NCA 0 02902 / -3- Tricresvl Phosphates. The para- and meta-tricresyl phosphates which are used as plasticizers are non-toxic. Orthc-tricresyl phosphate, on the other hard, ie. a violent poison. Turpentine and Mineral Spirits. These products are relatively non-toxic but are still listed in works on toxicology as causing eczema and irri tation of the skin and raucous membranes. Some people exposed to the fumes are subject to internal disorders when breathing substantial amounts of turpentine. Mineral spirits is less toxic than turpentine. Other plasticisers. Very little is known regarding the toxicity of other ernmon so-called chemical plasticizers, but the hazard frem volatility or dust is, of course, small. The nain consideration, 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, recom mend a product for children's toys, equipment, furniture, etc., unless it is absolutely free from toxic materials. Non-Foiscnous Colors - It is generally conceded there is relatively little danger of toxic effect from paints on toys and nursery furniture, as both, the paint manufacturer and the toy manufacturer are familiar with the types of non-poisonous pigments to use. Nevertheless, the individual company should constantly guard against using any toxic material, especially lead compounds, in products for finishing children's toys, etc. Note: (See page #7 of "Odds and Ends", a special circular of the Scientific Section National Paint, Varnish and Lacquer Association, issued August 1938.) Grown-ups' are exposed to some hazards as in the case of children. There fore products for finishing pencils, and other articles that may be placed in the mouth, through habit, require the use of toxic-free materials. Labeling - No definite procedure is recommended for labeling. Labeling is serious since it becomes a public matter with the question as to what would result if this were done. Each manufacturer can ably cope with the toxic material situation by constantly safeguarding the public through the prod ucts he manufactures and by the repetition of instructions to salesmen, service men and others who can intelligently instruct the consumer 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 nith labeling problems, and is supported by decisions of the courts. Although the principles set forth are not entirely the result of litigation involving material used by members of our industry they are........ nevertheless generally applicable to situations arising from the use of harmful substances. NCA 0 02502 / -4- Manufacturing Chemists' Association Legal Principles 1. A manufacturer who puts out c dangerous article or substance without accompanying-it with a warning at to its dangerous properties is ordi narily liable for any damage which results from such failure to warn. 2. A manufacturer or dealer who erroneously labels a dangerous drug with the name of a harmless substance is liable for any injury which nay be caused thereby. 3. Failure to comply with e statute, e.g., with respect tc labeling poisons, is usually held tc be negligence per se or at least evidence of negligence. 4. The name of the product alone may be stifficient warning, if its na ture is very widely knewn or its sale is restricted to those who arc prasvjced tc know its nature, tut even in such cases the advisability of a specific warning is indicated. 5. Technicel accuracy may not be sufficient protection for the manufac turer if ha uses words which may give the purchaser the impression that his product is not whet it actually is. 6. A nonwnrrmnty of results is net a warning against possible dangerous results. 7. The consumer is entitled to rely on positive representations or di rections appearing on the label unless ha knows them to be incorrect. 8. The manufacturer is ordinarily not liable if his product is put tc a use for which it is not intended and an injury results which cculd net reasonably have been foreseen. I-t is often difficult, however, to knew whether a particular result should have been foreseen, and the courts are apt to differ on this point. 9. The manufacturer or one who holds himself out tc be the manufacturer must know the qualities of his product and he cannot escape liability on the ground that he did not know it to be dangerous. 10. The general rule that a manufacturer is not liable to those not in privity of contract with him dooa not opply when his product is immi nently or Inherently dangerous. Conclusion - Ke grant that this is a very broad subject, and doubt if a ccncis: set cf rales can be established. nevertheless, it may be said 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 every possible precaution in the use of toxic materials in manufacturing, selling and in use* Such precautions plus constant repetition of intelligent instructions will, it is $1 1 Q G 2 3- Q 4