Document G50Moox7gEvreNw8gEK5GEMaV

FILE NAME: RT Vanderbilt (RTV) DATE: 1973 Aug 29 DOC#: RTV179 DOCUMENT DESCRIPTION: Memo Re Meeting & Food Grade Specifications to be Proposed by FDA . * JoNns-iVIanvilie To; P. A. Martinson - 2 West Oato: August 29 , 1973 from; r . s. Lamar - RSD Center Copioa; See below s OUR MEETING AUGUST 24, 1973 - FOOD CHEMICAL NEWS, U | C ' AUGUST 20, 1973 - F* D GRADE TALC SPECIFICATIONS TO BE PROPOSED BY FDA Following gur meeting of August 24, 1973, there were several informal discussion- concerning J-M giving up their interest and spinning o f ' the Desert Minerals talc business. "The battle for tremolitic tajLc is just too tough". It is this writer's opinion that to give up for this reason would be a tragic mistake. J-M must make a firm stand right here and right now*. If this regulation is allowed to pass, then later what- is to prevent a similar ban on the use of TRANSITS pipe for water transmission? Still later glass fiber and virtually every other segment of our business wili be subject to similar scru tiny and irresponsible control. You can be sure that these regulatory agencies are not going to stop with tremolitic calc I Any success will move them on with more vigor to other more vital parts of our total J-M business. This is not just a Celite problem. It relates to large and vital segments of other J-M business, We must fight them every step of the way and especially when we feel that we are right and are being unjustly treated; In this particular case, we believe that the FDA has acted arbitrarily, capriciously, and unfairly. Dick Carter stated during the meeting that FDA officials had apparently admitted - to him that they had ignored our formal presentation (see let ter April 20, 1973, and attachments Richard'Carter to Allan T. Spiher, Jr,', FDA) and in this case were reacting to poli tical pressures. Is t h e 'FDA intended to be a political orga nization? IThe entire question here'is no longer just medical or. scienti fic. There is a very fundamental legal question. What are our constitutional rights? Does the Federal Government have the right to act in this manner, ignoring facts, and simply to act emotionally or politically? Do we have.the right to demand that they prove medical or scientific justification for their actions? They have acted: similarly in the past with -respect to DDT and cyclamates. In these eases great harm was done to the producers of these chemicals. The bans imposed on the use of these chemicals were; contradictory to the facts. We are now in a similar position. CRMC-BT-TALC-000097 P, A. Martinson - 2 West August 29# 1973 In the p a s t , ,J r M *a position has always boon based on what we considered to be the tfuth and' the best possible scien tific evidence. We d o n o t favor an abandonment of this approach. We do believe, however, that we have been far too timid and too reserved i n 'our dealings with these Governmen tal officials, . We must change our t .tics. We must g o .on the offense. Any legal action, s u i t ,.injunction, etc., that stands any pos sible chance of blocking th FDA should be tried. We must make-it quite clear that we do not intend to accept this new control without a fight, The total resources of j-M must, be committed to this battle. In the final analysis, it is a battle for survival -- not just the talc business. The FDA officials have'already demonstrated that they are poli tically motivated,. They respond to fear. L e t 's do everything we can to intimidate them, to make them fear us. The debilitating effects of this battle and the tactics we have used to date are beyond estimation. This has greatly interfered with the orderly conduct of our business * The attention of.our salesmen has been diverted and diluted. It has become increasingly difficult to carry on a creative mar- . keting o r .research program. Our defensive position has draxned our energies and our resources, This must be changed.' Recent tests (see report August.27, 1973, V. E. Wolkodoff to R. S. Lamar, NB 4393-10, 11) have shown that even Reeves Canadian talc will not meet this new FDA requirement. Not only is our present talc business in jeopardy, but now our Canadian talc development is no longer a viable new venture. R. S. LAMAR R S L /rs cc: W, L. VanDerbeek 2 West J. M. Sharratt - 2 West H. R. Keefe - 2 West F. L, Pundsack - R&D Center S. Speil - RSD Center W. C. Streib - R&D Center CRMC-HT-TALC-000098