Document ZBLr81DjpGraj1Gqqpxk674NV
FILE NAME: Asbestos in Hair Dryers (HD)
DATE: DOC#: HD0
OCUMENT DESCRIPTION: >Z'ZW^ZZ ZEZ,ZZ
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U.S. CDN~UI'v1ER "='RDOUCT SAFETY COMMLS,SJDN WASHtNGTON, D.C. 20207
Aislril 20, 1979
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:':':-'. Reginald H. Jones
:~airaan & President of the Board
~=neral Ele~tric Corporation
,3:35 East Turnpike
?~~rfield~ Connecticut o6~31
APR 24 1979
Be;
=e2.r r'ir. Jones:
CPSC.LU 79-109
Hair Dryers Containing Asbestos
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As you know> the Consa~er ?rcduct Safety Commission
~ ~.:.; 3-:~ff has been investigat'ing elect~ic hair dryers ~...hich con-
-:ain asbestos materials exposed to the airstream o~ the =~Jer (hair dryers containing asbestos). The sta~f has r.~~
~~~e a preli~inary determinatior: that you ,have man~faetu~ed~
~=ported) and/~r distributed hair ~ryers containing ~sbestcs'
~r::! that these hai!" dryer~ prese:-.t a substantial pro:;'uct
::~z2.rd ~~i thin the meaning of section 15 of the Cor..su;r;er :~~d~ct Safety Act, as amended (C?SA) (15 U.S.C. 2064). a re:Hl.lt, ;'ie have opened an identii'ication file in your :':~ 19-109) in the Product Defect Correct.ion Divisior;., ;:";::2.ched is c. Iile!T..crandum summar1z~ng the staff 2..nal:v-sis
As r:am: t1"t...at
:~j to this preliminary determination.
By t:tis letter ~'/e are r.eq!les-:ing that you u.r;aertp.ke
~~~tein ctions, requiring you to f~~nish the Consumer
r::'oduct Safety Corr....!lissi'on star!" ":ith specifio, infor;nat1o!l, ~~d ~nf~rming you of 'the views of the Federal ,Trade 'Com-
~~s~icn in this matter.
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EXHIBIT K
GEGIE 00023
Pa,ge 2
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Corrective actions necessary to protect the public.
Based on information presently available, we believe
that certain corrective actions should be undertaken
voluntarily and immediately by you in order to protect
the public. I.f you do not undertake these actions:l we
will recommend that the Commission institute proceedings
to compel notice and corrective action. Therefore,
we ask that you:
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1. Identify all models of hair dryers which contain
asbestos materials exposed to the airstream.
Based on in~ormation supplied by. you we believe
the following models contain asbestos:
SEE PAGE 2A
2. Halt distribution, manufacture and importation of hair dryers containing asbestos that is exposed to the airstream.
3 Provide notice of the controversy concerning
presence of asbestos in hair dryers) identi~y models containing asbestos to distribution chain~ and order your divisions and urge your customers to halt sales . . ~. Provide notice to the public of the identiried models, of the controversy or hazard, and of" any
offer detailed in 5, below. 5. Institute recall of the hair dryers containing
asbestos materials either by:
(a) Repairing them to eliminate the hazard;
(b) Replacing them with products that do not present the hazard; or
(c) Refunding to owners the purchase price .
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GEGIE 00024
. ?age 2A
Pro Pistol PRO-1/5105-0l3
Power Pro
--,,I,, Fro PPiRstOo-l2/5l0B-OOS Super Pro
- Pr-o Pistol PRO-3/5107-0l1 - Pistol Dryer
Pro Pistol PRO-4/5l09-00l
Pro Dry-er
Pro Pistol PRO-5/51l0-0l3 - Power Pro
Pro Pistol PRO-6/5ll2-005 - Super Pro
Pro Pisto-l
PRO-IO/S115-013
Power-Turbo
Pro Pist-ol
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PRO-11/5ll6-005 - Super Turbo
-,
." / ?Oi'ler Brush
PB-l/5113-005 - Power Brush
Styling Dryer
SD-l - Styling Dryer SD-2 - Styling Dryer
; -Styling Dryer -SD-4/5101-013 - Styling Dryer.
Styling Comb-
- STC-l - Styling Dryer STC-IA - Styling Dryer
Styling Comb STG..:2 - Mist Styling Comb
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GEGIE 00025
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. Page 3
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B. Information that must ~e supplied the Commission.
Because the Commission staff is not now adequately
informed within the meaning of section l5(b) of CPSA with respect to your products, you are required to inform the Commission staff further. If you do not immediately furnish the additional information required
under section l5(b) of CP~A, we will recommend that the Commission,compel the submission of the information under section 27 of CPSA and assess civil penalties under section 20 of CPSA.
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'Please furnish the information required, under section-'
l5(b) o~ CPSA a~ interpreted in section lI15.l3(d) of
Title 16 of the Code of Federal Regulations, Part, 1115,
43 Fed. Reg. 35001-2 (August 7, 1978) (copy ,enclosed). -
Information which has already been supplied in your response to the Commission's Special Order need not be
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repeated here but must be referenced. As part of your
response to section l5(b) of CPSA, please answer the
following questions immediately about hair dryers that
you manufacture(d); import(ed), and/or distribute(d):
./-.~"'.
Rave you identified all hair dryers containing
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asbestos? Please supply us with any information'
you have not already given as to models~ date
codes, etc. of hair dryers.
2. Have you stopped distributing~ manufacturing, and/or importing hair dryers containing asbestos?
"If the answer is yes, please furnish the dates on which you stopped distributing, manufacturing, and/or importing. If the answer is n0 1 please furnish a list of persons to whom these hair
dryers have been distributed and identify the places where hair dryers are being manufactured or
imported. This list must be updated weekly.
3. (a) Have you notified your customers that there
is a controversy concerning the safety of
hair dryers containing asbestos? '
(b) Have you informed your customers as to which hair dryers contain asbestos?
(c) Have you urged-your customers to stop Selling hair dryers containing asbestos?
Cd) Have you urged your customers to inform their customers of the controversy?
GEGIE 00026
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,ge 4
If the answer to (a), (b). (c) or (d) is no, please indicate whether and when you intend to notify. inform, and/or urge. If you do not intend immediately to notify. inform. and urge, please name every person to whom you distributed or to whom you know a hair dryer containing asbestos ' was distributed. If the answer to (a); (b),. (c). or (d) is yes. please give ~s a copy of any written notification. .
4. Have you notified consumers who may have a hair dryer containing asbestos of the controversy or , hazard? If the answer is yes, please give details of your notification. Please supply a copy of any written notification.
5. Do ,you have names and addresses of consumers who
may have a hair dryer containing asbestos that ,you '
distributed, manufactured, or imported? If the
answer is yes. please describe the form in which
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you have these names and addresses and your means of access to them.
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6. Are you repairing or replacing or refunding the purchase price of hair dryers containing asbestos? If the answer is yes, please indicate whether. and how you are communicating this information ,to your customers and/or to consumers. Briefly describe ~hat you are doing.
.... Views of the staff of the Federal Trade Commission .
As a result of consultation with the staff of the Federal Trade. Commission. we believe that failure ,to disclos'e
to your customers information concerning all models that
contain asbestos exposed to the air stream may constitute an unfair or deceptive act or practice within
.the meaning of section 5 of the Federal Trade Commission
Act.
'
The, staff of the Federal Trade Connnission has .informed us as follows~
Necessary action on your part includes: (1) notifying all of your customers which models shipped currently or in the past
contain asbestos exposed to the air stream; (2)
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NO ....... _ _
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or 0' ' " w . . . . . . - .
GEGIE 00032
Page 5
[Continuation of information received from Federal Trade COmmission.}
indicating that these models may emit asbestos particles that may be respirable
during ordinary use; (3) indicating that
respiration of asbestos particles is
believed by reliable authorities to be linked to increased risk of cancer; (4) providing suitable retail point .of sales materials to disclose the information referred to in (1)-(3) above to ult~te purchasers in conjunction with sales of
hair dryers already shipped by the company, and not returned; and (5) labeling all
models currently being sold containing
asbestos exposed to the air stream with
the information referred to in (1)-(3)
above. Manufacturers or importers who
, do not sell at the retail level should
provide the required information and point
of sales materials to their distributors
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and request that such information and
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materials be forwarded to retailers .
Retailers who manufacture or~port hair
dryers directly should provide point of sale disclosure to ultimate purchasers as soon as practicable.
In addition to'disclosure of the'information referred to above, the company may also state its position on whether its hair dryers emit respirable asbestos particles and whether this constitutes a risk to health or safety. if such claims 'are adequately substantiated. Your substantiation for such claims may be subject to challenge.
Depending on the degree of risk to users
of these products, 'you may have additional duties under the Federal Trade Commission Act to notify current owners of hai~ d~yers containing asbestos exposed to the a~r stream of the facts mentioned above.
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GEGIE 00028
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If you desire confidential treatment of information
tnat may legally be withheld rrom the. public, please read
carefully the enclosed Federal Register notice of February 22> 1977, con.cerning the Freedom of Information Act, paying close attention to section 1015.18 (see page 10494). In addition~ please read carefully the enclosed Federal Register notice of August 7, 1918, especially section 1115.15 concerning confidentiality and disclo6ure .of data (see page
35003) and the discussion of confidentiality in the preamble to the regulation (see pages' 34995-96). FAILURE TO REQUEST-EITHER AT THE TIf4E OF THE SUBMISSION OR WITHIN TEN (10) ~'iORKING DAYS OF THE SUBMISSION--THAT THE INFORMATION BE CONSIDERED EXEMPT FROM DISCLOSURE WILL BE CONSIDERED AN ACKNOHLEDG::.. . !-lENT THAT YOU DO NOT WISH TO CLAIM EXEMPT STATUS. THE INFORMATION lULL BE RELEASED IF YOU DO NOT MAKE A WRITTEN RE~UEST FOR EXEMPTION IN ACCORDANCE WITH SECTION 1015.18.
We also believe that corrective action should be under-
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taken voluntarily and immediately by you in order to protect
the public with regard to your non-hand held hair dryers which
".contain asbestos materials. Based on the information supplied
by you we believe the following non-hand held hair dryers
contain asbestos:
.
. . ....) Salon Dryer
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Portable Professional
Salon Style Speed Salon Style
Salon Style 11ist Super-Speed Salon
Style Yust Salon Style Mist
UH-20 HD-55
HD-30/UH31
HD-56 ED-54
HD-52
HD-5l HD-63/63SS
HD-63SS/5063-008
HD-53
B::l:r.net
Portable Pomet
HD-20
In addition> it has been reported to" the Commission that not all General Electric service centers know of General Electric's policy of retrofitting with a non-asbe6tos liner all GE.hair dryers which are asbestos insulated after the dryers are brought in by concerned consumers. Let us knOl'1 . ~mmediately or General Electric's efforts to inform the public and the service centers of this policy.
It has also been reported to the Commission that the GE Pro 5-1-5100-00 hair dryer has been identified to ce.rtain consumers who reach GE on the toll-free number as a model containing asbestos, although this information has not been
GEGIE 00029
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.provided to the Commission starf. Furthermore~ it has been ':'eported that the GE S1-5112-0 - Super Pro (made in Singapore) hair dryer contains asbestos; however 3 we have no information as to whether or not this hair dryer contains asbestos.
. Finally, please tell us if the Pro Pistol PRO-6/51l2-005 Super Pro model. number is applicable to any PRO-6-Super Pro Dryer?
Please call Marvin Everhart, Eric Stone.or me (301/ 492-6608) within t~enty-four hours or receipt of this letter and give information reasonably, available to you and requested under B, above. Please follow this oral communication with a ~~itten submission to this division within rive work~ng .days and update this submission weekly if. new information becomes available.
Sincerely,
.~L~
Catherine C: Cook, Director Product Defect Correction Division Compliance & Enforcement Directorate
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1
osures
.........." Federal Trade Commission Bureau of ConsumerProte~tion
,'I. GEGIE 00030