Document KJvx7OxKbVoReGbDx21pqdzGx
FILE NAME DuPont DUP
DATE 1979 Jan 8 DOC DUP305 DOCUMENT DESCRIPTION Case Letters and DuPont Ethics Piece
Monday January 8th 1979
Pandemonium
Lower Bettesworth Rd RYDE Isle of Wight PO33 3EL England
e
Dear Dr Castlman
kidness Thank you for your
in
of your article on The
sending me a reprint
to developing nations
export of I am glad
hazardous
that this
factories
being pursues I am myself reduced to
fight is
or less helpless on the sidelines
standing by more having been forced by
ohbe ilae lth to retire early and having bein virtually imme
and without contact with the
since the end of 1971. I
present situation
can travel a
little
but
am little better of course am quite
now and obsolete
far as modern hazards go as
An old friend of mine a retired Medical of Factories in Bombay is still
Inspector
stop the manufacrure of naphthylafimgihnteinganda bbeanttzliedinteo
being started in India I have given him your address
and I am sure he would welcome a copy of
its predecessor mentioned in
your paper and
~
--
your preface
I notice that you honour me by quoting a
from my Hunterian Lecture to the
passage
Royal College of
Surgeons This was picking up a thread from a few
years earlier when I asked anonymously in an
Annotation in the Lancet about the morality of
importing naphthylamine by ICI when they had
just closed there latest and most sophisticated
plant for the manufacture of the substance because
it had proved unsafe
;
|
Within a few days I was asked point blank by ICI if I had written this piece and having said yes I was informed that the then Chairman of ICI was summoning me to have lunch with him to talk it over Needless to say I declined since I was in London and he wished me to go the Manchester for this Appropriately enough his name was P.Chambers :
However Britain is not alone in such villainy When I first started to study occupational bladder
cancer in 1948 I attended an important International
Congress on the subject in London and heard the
much respected then
of USA give a paper
Chief Medical Officer of Du Ponts
to show that benzidine was not
a cause of of bladder
industrial cancer and that all the cases cancer in his factories could be laid at
the door of naphthylamine whose manufacture was to
be abandoned
In the early months of 1949 the Medical Officer
to the ICI Dyestuffs Division the late Dr Michael
Williams with another British research worker
visited the Wilmington Factory of Du Ponts and were
shown around by the Chief Medical Officer had given the paper He then kindly drove
who
Dr Williams
and bis colleage there next a long drive Dr Williams who
destination quite
I often heard recount
the story noticed that his companion in the back
of the car had his eyes closed and said to the
Du Pont expert Look You are a Company Man and I
am a Company man and Dr and is asleep Can
you explain to me why after the records and so
on that you have shown to us day you are so
certain that benzidine is not causing any of the
" He trouble got
Briton who was in
the reply witnessed by the other fact not asleep but thinking
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ate
cancer
only the one
but it itshat BenziBendzidiine ne iis s
Company policy substance naphthylamine-
causing causing
to incrimin-
then recently industrial Dr
Williams who
although a Company man
ardent
joined and
campaigner
still
only
in
particulay campaigner campaigner
fight idealistic was
industrial fight against this
Again Again with many thanks
-Yours sincerely [rut Hin oe
Robert
Emeritus
A.M.Case
Professor of
MD Ph.D. F.I.Biol
in
the
University
Social
of
Medicine
London
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SENDER'S NAME AND ACORESS PLEASE SHOW YOUR POSTCCCE
Prof R.A.M.Case R.A.M.Case
Pandemonium
Lower Bettesworth Bettesworth Road
WIGHT
P033 3EL
ENGLAND
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AN AIR LETTER SHOULD
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Dr Barry Castleman ee ee,
Industrial Consultant
~~
ee,
Valley Knoxville <
Maryland 21758 .
Emeritus Professor BEATTY Social Medicine in the University of London
Late of the
INSTITUTE OF CANCER ROYAL RESEARCC ANCH ER HOSPITAL
TELEGRAMS CANCER SOUTH KENS LONDON
XXXX XXXXXXXXXXXX X XXXXXX X XXXXXXX XXXXXX X XXXXXXX XXXXXXXX % 35X 30.
The Editor The Washington Post
Washington D.C.
U.S.A.
July 30th 1979
FULHAM ROAD LONDON W. 3
Dear Sir
Although now retired due
write to you about two articles on
have been brought to my notice and
to health I feel obliged to
the Business Ethics of DuPonts which which I have now seen for myself
A few days ago I was astonished and not best pleased to receive
a telephone call from a representative of DuPonts who had somehow
identified me as someone referred to in the second of your articles
which I had of course not seen and who had also managed to ferret out my retirement address with telephore number The reason for the
call was to ask if I could remember an incident referred to by Barry
Castleman and to ask me to confirm or deny it I am writing this letter in the hopes that if I make my reply public and also state
such relevant facts as I know
be spared further inquisition any other people who may feel
about the
by either involved
subject being discussed I will party to the dispute or by
for there is then no more for
me to add
The incident described related to a conversation between the then
Medical Director now dead of
medical officer at I.C.I.Ltd
Duponts
.
and
the
late Dr Williams a
. The conversation
took place in the presence of a to be dozing in the back of the
British scientist who was thought
car and related to the state of scientif
knowledge about the power of benzidine to cause cancer of the bladder
in 1948. Since I was the dozy Brit referred to I informed the man
from DuPonts that the tale as recounted was absolutely
the Medical Director of DuPonts had stated that he and
true and that
the company were
aware that benzidine was a carcinogenic hazard to workpeople
The two articles that you published give two somewhat differing
versions of the dates at which Duponts became aware that beta nap
thylamine people to
and benzidine were thought by cause cancer in human beings
a large body of responsible
In my view neither account
is accurate Since this very topic of awareness of this type of risk
was crucial to an important lawsuit by two workmen against I.C.I.Ltd
in England in 1970-71 the Judgement in that case has passages that are
~~ important in relation to the argument between your contributors Carl
B.
Kaufmann of Duponts and Barry Castleman
feel
that
I
a
should quote lengthy
extracts of the salient points - Mr Justice O'Connor in his lengthy
'
Judgement said
By 1914 it was appreciated in Germany and Switzerland
that men employed
a definite cancer
in the synthetic dyestuffs industry were
hazard In 1921 the International Labour
exposed to
Office in
Geneva published Cancer of the Bladder among workers in Aniline
Factories I quote three passages from that paper The first
ot
"
R,_C* ase x
Letter
to
Washington Post
continued
2
oT,
The first
In 1912 Luenberger published a
with 1 cases observed among the
very interesting study dealing
dyes From that moment the
workers at Basle handling Aniline
the manipulation of
existence of a very close connection between
aromatic bases and tumours of the bladder
workers was proved
among
( following Among
4
4
It It
the conclusions is
is
not
possible
possible
at to
page 22 the
determine
determine the
are found
gendering tumours At
substance capable of en-
the amino
present one can go no further than to
compounds and particularly benzidine and beta
incriminate
naphthylamine
7 It is therefore
workers
are
exposed
to
absolutely
the
necessary
that
in
factories
in which
nost
rigorous
application
dangerous action of aromatic
of hygienis
bases
precautions should be
the
required
made A little later in Lis Judgement Mr
the history as it relates to
Justice
reports made
DuPonts quoting
In 1930
available to the Court by one of
Dupont sent a technical team
Germany and Switzerland They
individual
ations and also some feint recommendations
recommendations....
O'Counc continues with from unpublished company the defendents He says
to Europe visiting England
reports and recommend-
1 quote from Dr. Gebrmann's
9. We should consider aniline beta
the causative materials and take
taketake immediate iimmmmeeddiiaattee
immediate
so that there shall be absolutely no dust
naphthylamine and benzidine as
steps steps to
no fuses
construct all operations or any skin contacts
Their joint report opens with an
is remembered that Dupont did not interesting piece of information when it
dyestuffs until 1915
go into the production of synthetic
experience a few casesorof191b6laddaeprprtouxmiomuartsely two years ago we began to
Dyeworks This is the most
among our workmen at the
ever encounteredThis
serious occupational disease that we have
.
According to information that I collected col ected colected collected collected in 1949 when the car
during my visit to DuPonts
conversation incident incident incident incidentincident incident
and
use
of
the
suspected aromatic
amines amines
amines
occurred the manufacture
cases of confirmed bladder tumours
amines amines started in 1920 and the first
been 139 cases 115 at the
occurred in 1929. By 1948 there had
Chambers works and 44 at Carrollville
After some exchange of information about
at the letter
Haskell Laboratories during 1949
dated 30 December 1949 that
my own researches
Dr Gerhmann informed
and researches me in a
not be possible to send
owing to legal difficulties it would
me information that had been promised or
new
information that might arise However Kauffman's
information being given to
own statement
relation to health and
persons inside or outside the Company in
have felt about making psuabfleitcy trheimsovehsithaenrytoscruples that I might otherwise
undisseminated information
All this may be summarized as
DuPonts entered the
follows From about the time that
synthetic dyestuff
had an awareness of
the Company had or should have
the dangers attendant on such
surely be idle to pretend that such a
manufactures It must
company would not be expected to
Letter to Washington
Post Continu
La
H.Case _
ce
Washington ~~
ee a et
to be aware wf the Cond Cond Spiss publicatious about the hazard
even selbe the factory was built Still less could it be claimed
thaz they could reasonably be excused fox not knowing of the Inter-
national Labour Ofiice publicatioonf 10
Daposts theclyes were experiencing the
by 625 and by 1023 they were made awake
tean that both bois naphthylamine and benziding
the main culprits
Thai By Gorhamn should in present a paper at the ninth Internat-
ional Comes ional Comes
betding was
on not
be scientifically scientifically
claithat industrial
one of the
Bedicine I was otse claithat bladder carcinogens would not
claithat
in itself
eple eple lur as the late Dancole Dancole Hoghen once
said it is by no meantso the discredit of any philosopher to say that
he has changed his views in the coun of a prolific career if the
evidence desived from a stuey of one epidemiology of the disease at
DuPonts had wor^flzrtedwor^flzrted such & volte face
However the car conversation
Tupport renders this explanation untenable and lenas
Castlevan's strictures on Carl Kadies KadieKads ies Kadies Kadies
to some of Barry
Kadies Kadies ethics
in
May 1 reiterate whate
1st
peace until 1st 1st
whate
whate
whate
whate baio
ii cal
-11 I am left
Rovert ^.m.Case
P.S.
In order not to arouse
unfounded it must be stressed that
itself countries at DuPonts
after
alarm amongst chemical workers exhaustive research in many
Aniline is not regarded as causing
for cancer of the bladder It
and workers are protected
is
of course poisonous
those reasons
in other ways
August 1st 1979
ans
Barry I.Castleman
Industrial Consultant
8/15
8/15
8/15
|
:
Pl
Pandemonium Lower Betteswort Road
RYDE Isle of Wight
ENGLAND PO33 3EL
Barry I Castleman
Environmental
Environmental Consultant
Box 230 Valley Road
Knoxville Md
U.S.A.
August
1st
1979
Pandemonium'
Lower Bettesworth Road
RYDE
Isle of Wight
PO33 3EL
ENGLAND
:
Dear Barry
Thank you for sending me a photocopy of your article in the
Washington Post Before this had arrived I received a phone call from
a representative of DuPonts I was so astonished that I did not gather his name or status who recounted to me what you had written about
the late Dr Williams in that article and said that me from their Company records as having accompanied
they had identified
Dr Williams to
DuPonts and had I any comments to make on the matter Since I was
the sleeping beauty concerned I had to say that I remembered the
incident well and that the report was a truthful account of what had
happened I relating to
also made an unguarded the visit
remark
about
still
having
records
When I saw your article a day or so later and noted the tone of
the controversity I wondered a whether some attempt might be made
either to silence me or b to obtain or destroy the records or c
to extract further information from me by some party interested in
or peripheral to the dispute therefore felt it necessary to write
a letter to the Editor of the Washington Post telling all that I know
of the matter and since I can see errors in both Kaufmann's and your
account of the chronology of the matter to try to set this right
In this way I heart disease
hope to be left following virus
in peace in the future for my pneumonia following lying on a
illness
London
pavement unconscious mugged requires the avoidance of undue stress
one winter night
of exertion
in 1971
I have written to Kaufmann explaining my action in a letter similar
in many but of course not all respects to this and enclosing a
copy of my letter
in the same vein I enclose
to the WP I told him that I was writing to
and also sending you a copy the WP letter
you
which
Perhaps what I have written above will explain to you why I cannot even consider accepting your kind and flattering offer to attend or
speak at your conference If my past work and actions have been helpful in stimulating recent activities I am well pleased but I cannot contribute appreciably more in the long and hard struggle
This decision to have to retire did not
kindness to try to entice me to vain effortscom te o
easily and it is no recapture the past
I informed Kaufmann and am now informing informing
that
I had have been sent away for safe
you
such records as
custody
Robert M.Case
R.A.M.C
The Washington
OUTLOOK OUTLOOK OUTLOOK OUTLOOK OUTLOOK OUTLOOK Col
SUNDAY JULY 1 1979
A Part
Quiz on
Corporate Corporate
Ethics
Drawing by Dana Fradon 1975 The New Yorker Magazine Inc.
55
Miss Dugan will you send someone in here who can distinguish rightfrom wrong
By Carl B. Kaufmann
V DRAMAS and film fare usually portray corporate executives as amoral men who live for power and care nothing for ethical values but this is one instance where pop culture does not mirror reality My experience in the corporate interior suggests that business executives approach ethical problems in much the same way as everybody else for better or worse The public's attention is usually directed to corporate crime understandably In the past decade there have been illegal payments to sell airplanes abroad the theft of trade secrets the use of corporate funds for political purposes or to reduce the scale to local levels such petty matters as bribing building inspectors and rolling back the odometer on used cars But there is no ethical question involved in these - these are
Carl Kaufmann is executive assistant in DuPont's public affairs department and a former chairman of economic educa-
tion research for the Business Roundtable
easy calls They deal with violations of laws that reflect the public consensus of right and wrong No responsible voice in business
oO
or outside it claims a little bribery is good for the soul
The tough calls for corporate executives are the ones where the hats are not black and white but all gray How do you behave
when the law is nonexistent and the maxims learned at mother's
knee do not quite cover the question
Here are five tough calls which really confronted corporate executives including those at our company In my judgment the right and wrong answers are not as evident as business critics pretend Judge for yourself How would you decide
Case No. 1
Your corporation has developed a prescription drug that helps
prevent flu or cure it It has other potential uses too But the
Food and Drug Administration won't grant clearance More test-
ing please Your company experts think the U.S. regulators are
dragging their feet beyond reason Other governments with high
standards for judging the safety and efficacy have approved the
drug for sale in their countries
See ETHICS Page C4
--art Quiz on business Lunes
THICS From Page C1
Should we go ahead and market
the drug overseas Or wait for U.S.
approval
.
Case No. 2
For years your corporation manufactures a dye intermediate called naphthylamine without any questions of risk Then alarming evidence begins turning up - an unusual number of tumors among workers in the plant malignant tumors Beta is identified by company scientists as a potent carcinogen -
but hundreds of your workers were
already exposed
Would you blow the whistle on
yourself or try to do a clean quietly to prevent future injuries
Case No.
As the head of a multinational cor-
poration you learn that one of your plant managers has been arrested in a distant republic His - alleged crime is that goods found in your warehouse lack the proper customs stamps and papers
-
But the truth is more complicated For years grease has been a way of life in this country's bureaucracy and your plant manager has been paying gratuities to the customs officers But he knows it is against home office policy and so he stops Their inspection follows The price for dropping all charges 18
000
Would you pay up Or let your
man be put in jail Which alterna-
tive is more ethical
Case No.
Federal health investigators are pursuing a report that one of your manufacturing plants has a higher average incidence of cancer among its employes The plant happens to keep excellent medical re-
cords on all its employes stretching back for decades which might help identify the source of the problem
The government demands the files But the company turns them
over it might be accused of violating the privacy of all those workers who had submitted to private medical
exams The company offers an ab-
stract of the records but the government insists on the complete files with employe names
Then the company tries to obtain releases from all the workers but
some of them refuse If you give the records to the feds the company has
broken its commitment of confiden-
tiality What would you do
Case No. 5
South Africa _ in or out Many
people have a ready answer Ameri
can business should ban South
Africa as long as South Africa bans
some of its people Should your com-
pany do business there including
production operations The apartheid policies are morally
indefensible in the eyes of many and U.S. capital investment props up a racist government That's one
side The other side argues economic
development stimulated by outside investment is making conditions
better for nonwhites and that specific terms can be drawn to cover the
business operations guaranteeing equal pay and promotions for
nonwhites How do you vote your
shares
Ol
I hope it is obvious by now that
case by case there is no certain
right answer Here is how real company executives decided each
one
Case No. 1 - DuPont went ahead
and marketed its new viral
drug overseas supported by highquality judgments from governments of Western Europe that the drug can be used safely and that it
works U.S. clearance came later
and the product is now sold in the United States
Case No. 2 - DuPont follows
what is called the Reasonable Man
Rule on questions of disclosure If
a reasonable person given informa-
tion would follow a different course /
of action to the advantage of health
and safety then the information
must be given to him or her
in-
side or outside the company
Whether or not it happens to in-
crease or decrease the profits of the company is irrelevant
This case of Beta incidentally
occurred back in the 1930s at our
plant in New Jersey We made full
\\
disclosure in the medical journals
cleaned up the process and took
care of employes to the best of med
; ical science's ability For the future
the company created its Haskell
Lab to try to prevent such sur-
prises in the future -
oo
Case No. 3 The company paid the 18,000 to keep their man out of
jail for obvious reasons I'm not
going into identities It seemed
more ethical to rescue the company
manager from his real predicament
than to hold out for the abstract
principle Case No. 4 -The -The issue of private
medical files involved DuPont's
Belle W.Va. plant and note in passing that the ethical argument came up only because DuPont does scrupulously maintain employe
health records The company de-
cided not to comply with the Gov.
ernment demands and the issue was -
decided by an outside referee - as
federal judge - who ruled that DuPont must turn over the records
but that the government must ob-
serve strict limits to protect confi- |:
dentiality This is how this type of -tough case should be decided I
think by a third party in a legiti- '
mate process where all sides can be :
fairly considered
Case No. 5 - DuPont doesn't
happen to have any production in South Africa but the ethical point
is that corporate executives should
not try to make foreign policy for
the United States That is not our
role or our privilege So long as this
country recognizes South Africa
corporations must make their own -
decisions on the basis of inter.
est
.
That point has broad relevance to
business ethics Business executives :
should not try on their own to de-
cide whether the safety standards
ought to be tightened in the ma- chine shop Nor is any other segment of society entitled to be the
appointed Solomon of corporate
conduct
Standards of conduct - to de-
serve respect - should be drawn
from a public process reflecting
many views For its part business should participate in that process to
the full limits of its knowledge
but only as one actor laying no no
greater or lesser claim to wisdom
than any other actor and not expec- -
ting any special forgiveness if it viol-
ates the norms that are set
There is a quid pro quo in ethical
judgments As the late Alexander
Bickel of Yale pointed out the process by which ethical judgments are
|
shaped must itself be morally ac-
'
ceptable In no other way he argued can there be a morality of consent
Too often discussions of business ethics fail to meet Bickel's test
They start off polarized and go | downhill from there
.
Would it be too simple to suggest that more headway will be made if
we give up the Moral Rectitude Race If we consider the possibility that most people in business have *
pretty much the same base of values
;
as most of their critics
Then at least we could set aside .
the issues - where conduct is already covered by law - and exam-
ine other problems to see if the facts .
really indicate that ethical judg-
ments must be made This would
put the energy of the democratic
system into the tough ethical questions that remain - the hard calls -
which really
thought
require
-
collective
.