Document MMkYQDOkq6pwLQGBQq5Nazoy9

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 Jfsiuntai ijfnmt, Jnsl| mifc JEartjiicr Association " I N C O R P O R A T E D office the president t/m m - 2201 NEW YO R K AVE. N.W., W A SH IN G TO N , D. C. 'itietW T-- t*U T r, t *i. vuaiM r* TvplcttA f^uulIiB--ti<.T--.fM**tTU*kCt>B.tNoul urni nannitt ciiuh or U :* C 7**r-- M O Il . (LTBN. W ittIM ?M CBlXIXL-- I. 0 BieBOXlUt Vu h h it h July 18, 1939 CC1QN41 itt I st I.ITIIII-- . liftI|,>|| IMTaXII-K. , IILit ICIhl.iu! Hitin--urn kiltllik-- i. k ..fiTf, i n 1-1 CONFIDENTIAL OIv i i i o n i l v i c i .*i : c : : s t t.,IIKU ;'.Icur Not for Publication Toxic r.%t*rials with their ever-present prablens require our conscienticis ccr.- iiderction of the fundamental principles involved. The National Faint, Varnish .a Lacquer Association is keenly interested in providing Class A nszbera v.itn no mucn inforrjttion on this subject as is practicable at this tire. This ir.forastior. 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 ...afcerlels is to intelligently safeguard the public. People ray feel safer in buying materials whose danger they know rather than tr.tterials unknown to them. We trust the several phases presented herein will ba of some benefit to members in applying every precautiorajry erasure in .-anufccturing, in selling and in use whtru toxic materials are likely to or oo enter a product. Toxics end their effects is a subject very broad in scope and can- only briefly bu treated in this message. Children's toys, equipment, furniture, etc. are not the only consideration. Tcxics - ..;.'ny compounds used in'points or lacquers may have harmful effects if cf.releusly handled. Toxic materials may enter the body through the lungs in the foru of dust, mist, vapors, or gases, through the skin, or through the mouth and stomach, materiel inhaled into the nose and uouth can dissolve in the anliva and be swallowed. Irritant materials may also hove a direct action upon tna skin end the mucous ncabranes of the. eyes, nose, uouth, 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 and face before eating end keeping the clothes clean. Dirty work clothes, including shows, can bo an important source of skin absorption. Soma of the ingredients of paints end allied products night receive apodal mention because of thoir specific effects, rcthur than because they merely displace peri of the air or cause slight discomfort if taken into the stomach or system. Res. -- 1- t 1 _A * _ , J J _^ A t .. 1 J* A U a u M a J A L . k l t nl 4 n i A w. V NCA 0 02901 N 68 / -2 thre is much evidence t* indicate that it is a toxic uetarial.) K^ny cases of suspected untiaony poisoning have been tmeed to the ^ accoapanyinj lu.d. Arsenic Ccmpounds. Paris green or other co-jpounds cont.cirine arsenic. Cvu-ra... C-."'xiuc; sulfides ru*d selenides ore toxic, but belong to the 1* -cr u:ed pisent. C h r . Chro-ctes of nil typos are understood tc be rcri^ti.-cly tcxic. Ci-rorduhs oxides ure reL-.tively nor.-toxic.' U-~.u Con."Kaunas. Wuite lord, red iead, iitnrxge, load chrorxtos (chrcr.e yellow, chrome green), or otter lead piguents. f'er:ury. Red ur.d yellow oxides of tercury or other products containing r.crwury - Liquids - Alcohols. The toxicity of nethyl alcohol is very well xroin, as used in "li-cquers, the other alcohols are relatively fccn&less. iis-R-cu.-- Trie is probably tar. uost dangerous of all commercial solvents, but its use ir, our industry is prohably restricted to corUin paint tnd vcmish rmovers. Chlvrir.atod Hydrocarbons. Carbon titrichloride, trichlor ethylene, tctrr.ch1ercthn'ne, uthyl7ae uiciil.oride, and similar chlorinated cli- ph'.tic hydroerrbons ire said to be very <iii^erouc tones. Chloruu-tod roi_tic hyvi.-oc.rbon ru c-ih to oc ..ocr- toxic th u tuc corrcr.ronuj...g 'yurocurbon ituoif, but some chlorinated area .tics are frequently tne source of rkin troubles. Lacquer Solvents. There is seme evidence that the acotatcs-- ethyl butyl _nd cmyl-- are more cr less toxic. Acotone nr.d tin ether ketones ore r.ir.tively hrrmless. Mc.t other solvunta used to a ltsscr xtnt are either haroless in them selves, era used in such relatively small amounts, or arc so slowly evaporating that they present no hazard. Methyl Alcohol. The use of this product should be avoided. It is definitely poisonous. Solvent Naphtha. This is tlso relatively non-toxic as compared to benzol, cud probably less toxic than toluol end xylol. Tulucl and tcxic than Xylol. benzol, w e In equal concentrations, those art* but beenus* they less volatile thos&iu tw be actual more hazard is usually less. ' MCA 0 02902 / TrlcresyLPhosphatea. The psra- and meta-tricresyl phosphates which are used as plasticizers are non-toxic. Ortho-trieresyl phosphate, on the other hand, ia. a violent poison. "argentine 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 raerabrunos. Some people exposed to the f-zes ere subject to internal disorders when breathing substantial sneunts of turpentine, Mir.srsl spirits is less toxic then turpentine. C-*her rlsstlclzers. Very little is known regarding the toxicity of other c.-n^on so-called chemical plr.sticlzers, but the hazard frem volatility or dust is, of course, snail. The nain ccncidtration, whenever paint products ore used, is constant repetition to the paint cor.suaer 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 reccanend a product for children's toys, equipment, furniture, etc., unlessit is absolutely free from toxic materials. Ncr.-Foiscnous Colors - It is generally conceded there is relatively little danger of toxic effect froo paints on toys and nursery furniture, as bath the paint manufacturer and the toy manufacturer are forailiar with the types o f 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. Notes (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 as in the case of children. There fore products for finishing pencils, and other articles that aay 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 wor* done. Each manufacturer can ably cope with the toxic material situation by constantly safeguarding the public through the prod ucts he manufactures end by the repetition of instructions to salesmen, service man 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 Msnufacturing Chemists' Association for the guidance of its irasnbars 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 materiel used by members of our industry they are nevertheless generally applicsble to situations arising from the use of harmful substances. NCA 0 02531 iianuf&cturing Chemists' Association Legal Principles 1. A manufacturer who puts out c dtngorflus article or substance without cicconpuiying- it with u warning ao to its dangerous properties is crcir.srily liable for any dtcage which results frera such failure tc warn. 2. A manufacturer or decler who erroneously libels a dangerous drug with the name of a harmlusc substance is liable for any injury which =ay he caused thereby. 3. Failure to comply with c statute, e.g., with respect tc labeling pci sens, is usually held tc be negligence per se or ct least evi:.-::ce of negligence. 1. 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 arc . prS'used tc know its nature, but even in such cases the cdviscoility of a specific warning is indicated. 5. Technical necuracy may not be sufficient protection for the manufacVirer if he uses wcrcs which say give the purchaser the impression that his product is not whet it actually is. 6. A nonwnrrcnty of results is not a warning against possible dengerous results. 7. The consumer is entitled to rely on positive representations or di rections appearing on the label unless ha knows then to be incorrect. 8. The manufacturer is ordinarily not liable if his product is put tc a use fer which it is not intended and Ln injury results which ceuld net reasonably have been foreseen. 14 is often difficult, however, to know 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 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 these not in privity of contract with hi* does not Lpply when his product is immi nently or'inherently oangarous. Conclusion - lie grant that this is a very broad subject, and doubt if a concis: wet cf rules can be established. Nevertheless, it say be saia that our members can meet their Individual problems in safeguarding the public, including of course our own factory employee, by their sincere effort ln taking advantage of every possible proccution in the use of toxic materials in manufacturing, selling and in use* Such precautions plus constant repetition of intelligent instructions will, it is believed, secure the best resulj Tours very truly, ETTstw UlCi Q Q22Q4