Document JrvnYk96ByJj2xMZxmKvR9Rq2

FILE NAME: Wagner (WAG) DATE: 1939 July 18 DOC#: WAG006 DOCUMENT DESCRIPTION: Confidential Memo from NPVLA to Class A Members RE Toxic Materials ^sfumai ^firnxt, J?<intisl[ aii JDirrjuer Associatimi oliera "tsiscMT-- cnhcrrt.m ise, rtnwmi c 2201 V i;t-f* U lilK T -- fMC* U B U K B S tx , U l U N l*t*SUH-- *.2.ATUCX PlIUlItrai s i: m r --t t u n w. tiro *. r.,i.T.. C i L U f L -- M. 0 K . C O O N . L O , W . l . f a . T g g ncowfqwated N EW Y O R K a v e . N .W ., W A S H IN G T O N , apnee or rue paesiaeNr July 18, 1939 O. C. TO CLASS A V L ' S E M i CONFIDENTIAL Not for publication t i e * At u * r C l S U l ^ w i l t f l ; net U i t c i a -- a a utfti .< r*lt > O U f ( ~ ~ C r WftUT kSL JV.H.X ctftit--.tvTC* I VI [ ;*tO -- I * M f * ' 14 7 i* S ' si>t:to**u wet Fa: ;:sr *o.i*ui e<v*i'oa--t.i (iu ' Tcxic ~.=t3rials with their ever-present problems require our cor.sciei'ticis oir.Lderation of the fundajosntal principles involved. The . i e t i c r . e l P a i n t , V i r - m ii'.a Lacquer Association is keenly interested in providing Class A cs.chars ..itn as rauen information on this subject as is practicable at this tire. This in formation being confidential is not intended for general publication, - i t i s . being sent only to the Class A group. Please respect this confidence. The vital factor concerning toxic .materials is to intelligently safeguards tee public. People may feel safer in buying materials whose linger they know rc-.th.r than materials unknovm to them. We trust the several phases presented herein will bo of some benefit to centers in applying every precautionary erasure ir. manufacturing, in selling and in use where toxic materials are likely to or co enter a product. Toxics end their effects is a subject very broad in scope end can only briefly bu treated in this mes&ege. Children's toys, equipat.nt, furnitur, etc. ar& not tn* only eonsicUrntion. Topics - ..iny compounds used in paints or lacquers may have harmful effects if carelessly handled. Toxic materials any enter the hody through the lungs in the foru of dust, '....-t, vapors, or gases, through the skin, or tnrough the mouth and stomach, r.ctc- iri inhaled into the nose and uouth can dissolve in the snliva and be stveiloiic. irritant materials may elso hove a direct action upon tno skin and the cucous membranes of the. ayes, nose, mouth, and threat. It oust be remembered that all people do not react in the suae way when exposed to chemicals. Soma may ba quite seriously affected b y quantities which ;re harmless tc others. Hence, it follows that any one using point and allied prod ucts should provide adequate ventilation and should observe ordinary sanitary measures such as the washing of the hunds and face before eating and keeping the clothes clean. Dirty work clothes, including sho.s, con be an important source of skin absorption. Some: of the ingredients of paints tnd allied products might receive special mention because of their specific effects, rather than because they merely displace part of the air or cause slight discomfort if taken into the stolen or system. following pigments .nay be considered as toxic if they find their '-ay into ^ stomich. The .'.mount tolerated by the body varies with the pigadit. ' Ar.tio.cny. Antimony oxide, tiepins yollow, or other untioo:*y (Antimony is supposed to be considerably less toxic than N C A 0 02?0t / - 2- there is auch evidence to iudicato that it is a toxic notorial.) ...any cases o suspectvd untixnouy poisoning have oeea torced to che accoa^inyin^ lc.-.d. /raenic Co:r.pounds. Paris groan or other compounds centering *rs=r.ic. Cr-v-i'ii.. C-Jaiuitt sulfides u.d sileriJes ore toxic, `jut iel^r.g to Lr.e '.cor u:=d pignents. C h r . Chra-ates ox" nil typ<.s aro anderstood cc he. r.-l-ti-cl;tcxic. Cl.ro.ciuT. oxides _re relatively non-tcxic. Li"d Coc "ounas. Write lerd, red lead, iitnrrge, lead chjo_atos (:~rcrr yeilc-A*, chroac green), or other lead piguents. f'errurv. Hart and yellow oxides of aarcury or other prou'-cts ccr.tc__r.g 7T-ary - Liquids - Alcohols. The toxicity of nethyl alcohol is vtry r;eil Aroivn. As used in l^ceuers, the other alconols are relatively hirrlcss. J-on.CL. Trie is probably tnr. ..lost dangerous cf all cuuitrcid soiv._'.ts, but its use ir. our inuustry is probably restricted to certain ^ r . t _na varnish recovers. Chl'.rir.ated Hydrocarbons. Carbon tetrachloride, trich.lor ethylene, toti-.chlcrcth-.ine, ethylene di d J.oride, and sinilar chlorinated ola^.n-.tic hydroerrbons ire said to be very d ngeroua tonics. Cr..crusted rvux.tic hyu.oc rbor.e ;ru e-id to be *car- toxic t.. a t..e corieo,onci .g `yurocurbon ituoif, but some chiorxnated r.roa tics are frequently t.ne sour oi rkin troublas. Laccuer Solvents. There is scae evidence that the acetates-- ethyl, butyl _nd aayl-- are aurc cr less toxic. Acetone -j.d t m ether ketones .-.re r.ictively hrimless. Wcjt other solvents used to & lessor extent are either hornless in thenselves, are used in suen relatively snail aaeunts, or ore so slowly evaporating that they present no hazard. Methyl Alcohol. The use of this product should be avoided. definitely poisonous. It is Solvent Naphtha. This is also relatively noa-texic is compared tc benzol, axia probably lass toxic than toluol ;-nd xylol. Tulucl end Xylol. In equal concentrations, these arc soiu to be ncre f tcxic than benzol, but because they are less volatile tno actual V. is usually loss. N C A 0 02902  - 3- Tricresyl Phosphates. The para- and metc-tricresyl phosphates which are used as plasticizers are non-toxic. Orthc-tricresyl phosphate, on the other hand, is- a violent poison. Turtenting and i.'ir.bral Spirits. These products are relatively non-toxic cut are still listed in works on toxicology as causing eczeaa and irri tation of the skin and mucous membranes. Some people exposed to the frees are subject to internal disorders when breathing substantial ar.cur.ts of turpentine, itineral spirits is less toxic than turpentine. Other rlastlcizors. Very little is known regarding the toxicity of ether crcroon so-called chemical plasticizers, but the hazard from volatility or dust is, of course, small. The main ccncidoration, 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 aro familiar with the types of non-poisenous 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.) Grcwn-ups are exposed to some hazards cs 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 ucta 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. Gonaral - Th# tatan#nt of legal principles listed balow was prepared for and distributed by the Manufacturing Chemists1 Association for the guidance of its members concerned with 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 uso of harmful substances. NCA 0 Q23D3 / Manufactaring Chemists' Association Legal Principles 1. A manufacturer who puts out c dangerous article or substance without accompanying-it with u warning to its dangerous properties is croi- r.erily liable for any damage which results fren such failure tc *arn. 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 tc comply with a statute, e.g., with respect tc labeling pciscns, is usually held tc be negligence par se or at least evidence of negligence. A. The name of the product alone may be sufficient warning, if its na ture is very widely known or its sale is restricted to those who are praS'itea tc know its nature, but even in such cases the cuvisaoility of a specific warning is indicated. 5. Tectoical r.ccuracy may not be sufficient protection for the manufac turer if he uses v.orcs which nay give the purchaser the impression that his product is not whet it actually is. 6. A nonwarranty of results is net a -warning against possible dangerous r-ssuits. 7. The consumer is o-ntitlo-a to rely on positive representations or di rections appearing on the label unless fcs knows them to oe incorrect. 8. The manufacturer is ordinarily not liable if his product is put tc a use for which it is not intenaed ana an injury results which could net reasonably have been foreseen. I-t is often difficult, however, to ton. 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 to 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 generel rule that a manufacturer is not liable to those not in privity of contract with him dooa not apply when his product is immi nently or inherently otngcrous. Conclusion - Tie grant that this is a very broad subject, and doubt if a ccncir: pet of rules can be established. Nevertheless, it may be sala 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 precaution 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;