Document akXy6kxXxmNBq97jwbvg24vX

1 1L * -- - a Februory 26, 1972 t p^urr v. VjATIrysrj ASJiiOCJATJO )j ( TO: AU CLASS A MEMBERS SUBJECT: LEAD IN PAINTS -- Semite Hearings and FDA Aefion MMlN e%Pr ter I i*Mb ane.ige msnw w lent w h SSu In my "Immediate Action" letter of Ftbruory 15, I indicated that the Food and Diug Administration was moving toward a 0.06% lead standard far paints because, among other reasons, it wee Felt that the paint industry had Failed to make clear why lead is needed in its products and the impact that on immediate ban on lead would have on the industry ond its products. Since my letter there have been some new develop ments. Let me bring you up to date: FIRST, the Senate hearings on S. 3060 (to amend the Lead-Based Paint Poisoning Prevention Act, in part by setting an arbitrary 0.06% lead level in paints) have been rescheduled. Instead of February 24, they are to be held an Monday and Tuesday, March 6 and 7, 1972 . To make every effort to sea that out industry gets a fair shake in this most-important hearing, we are preparing a strong statement and are lining up witnesses from bath in ond out of industry. WHAT YOU MUST DO, if you have net done so already, is write or call your own Senator, particularly if he is a member of the Senate Committee on Labor and Atblic Welfare or a sponsor of the bill. (Their nomas, addiasses and telephone .`.vmoe.i i attacheu). You should urge them to consider there important points: 1. The need far mere research to determine tho critical load (aval abova which d>iad pain* films may truly bo considered hazardous. <There is practically no data available on the hazards of certain load compounds as part of dried paint film.) 2. The need far and assenticI uses of load compounds in paint products today. (Obviously, rha impact on your own company, if the use of that# compounds ware prohibited, would most impress your Senates.; 3. The need for a rearonable period of ttmo (up to two years; far our ant he industry la convart to substitutes far load driers, if this is found to be necessary. 4. The economic hardship our industry can, and will endure if an unreason able standard for lead is coupled with an unreasonable rime far compliance. 5. The feet that the Deportment of Health, Education and Welfare is right now gathering evidence with which to establish a standard for lead. Such work should not be undercut by a legislative standard issued even before this work is completed and all of the fact* era In. 0007-SNP--036643 N21878 2- - SECONP, and apart from the legislative hearings, rhe Food and Drug Administrarion has tokan now action: It ha published a Notiea in tha Federal Register (on February 17, 1972) entitled "Faints and Other Surface-Coatings Containing Heavy Metal* -- Reguest far Data." This is on official FDA action requesting point manufacturers to volunteer additional facts regarding the use ond need of leod and certain other heavy metals in paint and related products. The Notice (enclosed) ~~~ requests the fallowing data: (I) the amount of the named heavy metals found in each product onolyzed, 12) whether the heavy metals were intentionally added, (3) the reason for such addition, and (4) o current label for each analyzed product. The FDA DEADLINE 15 APRIL 7. We recognise that much of the requested data is not readily available and could not. In some cotes, be gathered in time to meet the FDA deadline. Also, we ore aware that the request covers a wide range of both psoduct* and ingredients and, particularly, that the cost faf analysis of each would be prohibitive to mast companies. If these problems make it Impossible far your company to respond to this request, you should so indicate la FOA. If, on the other hand, you con provide this data, I recommend that you respond to the FDA request ta the extent practical, even though this is not a mandatory requirement. The information you submit should be tent directly to the Food and Drug Administration (Bureau of Product Sofoty, 5401 Westbard Avenue, Bethesda, Maryland 20016), with a copy to the Association. THIRD. My letter of 2/15/72 indicated NPCA needed to have the fallowing information to assist industry in this vital issue: 1. The kinds of lead ingredients (e.g. driers and pigments) presently used in your product lines. 2. The kinds of products using lead ingredients and the percent by weight of lead in the dried film. 3. The status of substitutes for lead driers. 4. Whether data is ewai table concerning the toxicity of substitutes far lead driers. 5. The time it would take to teformuiafa and produce finished product^using substitutes far lead driers. 6. The effect on product performance if lead driers were eliminated. If you have nor responded to this request, please do sa at once I In my opinion, the same data would be helpful in your developing a usefal response to the FDA inquiry. It is incumbent upon us to tofce positive action in this regard and to cooperate with the involved Federal agencies to the fallest ex tent possible. Now, before concluding, let me quickly run back through WHAT YOU CAN DO ta help us: 1. Write or coll your Senatars,a I have indicated above, hitting hard on those points suggested. 2. Develop a meaningful response ta the FDA inquiry that will tell our side of the story. Remember, it may be just as important to indicate what you cannot da. For example, da you have tha man power or equipment necessary to analyze your products In the manner requested ? 0007--SWP--036644 iV 0007-SWP-000117961 -3. --3. Supply us, IF you hove not olreody dono JO, with (ha informotion about usas of lead requested by my lattor of February 15 and rapaotad obova. Remember this. Those opposed to the use of lead, as welt as certain other heavy metals in paints, are convinced that these proposed restrictions ora necessary. We do not concur. However, under these circumstances, we must ensure that our story and, particularly, the impact of such actions ere mode known to the Congress and responsible officials of the involved Federal agencies. With such information, we art hopeful that duo consideration will be given to oil the facts ond that premature and unwarranted restrictive octions will not be taken by our government. With kindest regards. Executive Vice President RAR/ew attachments 0007-SWP-036645 0007-SWP-000117962