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FILE NAME Talc TALC DATE 2016 June 17 DOC TALC145 DOCUMENT DESCRIPTION Legal - Declaration of Sean Fitzgerald 1 BENJAMINBENJAMIN GOLDSTEIN SBN 231699 PAUL C. COOK SBN 170901 2 BRENT ZADOROZNY SBN 208468 SIMMONS CONROY 100 N. Sepulveda Blvd. Suite 1350 4 || El Segundo California 90245 Tel 310 322-3555 5 || Fax 310 322-3655 6 At orneys Attorneys for Plaintiffs 7 _ a | 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 10 FOR THE COUNTY OF LOS ANGELES 11 12 ESTHER KATHERINE NOSSE 13 14 Plaintiff 15 16 17 VS. 18 ARVINMERITORARVINMERITOR INC et al 19 Defendants 20 ) JCCP Case No. 4674 ) CASE NO BC603354 ) DECLARATION OF SEAN FITZGERALD . P.G. ) Date ) Time ) Dept Judge June 17 2016 9:00 a.m. 1 Hon Joseph Kalin ) ComplaCoimnpltaint FiFlileedd December 4 2015 Trial Date June 27 2016 ) ) 21 | | 22 | I SEAN FITZGERALD P.G. declare that 23 24 25 1. My name is Sean Fitzgerald P.G. I am a Senior Research Scientist at Scientific Analytical Institute am a licensed Professional Geologist mineralogist and asbestos expert || 26 with 25 years of experience analyzing asbestos minerals and researching and developing the 27 || science of asbestos I am familiar with and have substantial training and experience in the analysis of asbestos and containing materials including by transmission electron 28 microscopy scanning electron microscopy ray diffraction and polarized light microscopy I 1 DECLARATION OF SEAN FITZGERALD P.G. am also familiar with OSHA NIOSH and EPA methods and regulations regarding the analysis of asbestos and containing materials 2 In my years that have impacted the asbestos analytical community including product identification of containing materials discovery and interpretation of asbestos contamination in vermiculite from Libby Montana discovery and interpretation of environmental impact of naturally occurring asbestos in California and Virginia even analysis of materials from the World Trade Center before and after 9/11 The findings of the research and testing that I and my laboratory have conducted have proven invaluable to both the industrial engine that drives commerce and to the safety community that strives to protect our health 3. The mission of our studies is to bring the best possible science to our understanding and awareness of asbestos- how it occurs and where it can be found Our state- the laboratory is equipped with light and electron microscopes capable of resolving the chemistry and crystalline structure of materials to the nanoscale as well as ray plasma and laser technologies employed to give our multidisciplinary scientific staff the tools they need to bring that science to bear I have analyzed thousands of building materials for the presence of 12 asbestos I have conducted many specialized analyses such as lung tissue and releasability testing I have tested the extent a given material may release asbestos fibers including asbestos 13 gaskets spackling compounds fireproofing brakes paints and even cigarettes I have tested 14 consumer products and found asbestos in a myriad of materials most notably children's toys including crayons play clays and fingerprinting powders 15 4. I graduated with honors from the University of Tennessee in 1988 with a Bachelor of Science degree in Geologic Studies From approximately 1988 to 1990 I worked as a Project Representative for Law Associates Inc. an engineering consulting firm in Atlanta Georgia where among others things I performed asbestos site inspections From approximately 1989 to 1997 I worked as a geologist and analyst at Material Analytical Services Inc. MAS a laboratory and materials testing and research facility in Norcross Georgia My duties at MAS included but were not limited to laboratory analysis of minerals 20 and materials including asbestos and containing materials using transmission electron microscopy scanning electron microscopy ray diffraction and polarized light 21 microscopy From approximately 1997 to 1998 I worked as a branch manager for EMSL 22 Analytical Inc. EMSL in Seattle Washington where in addition to management duties my work included laboratory analysis of asbestos and containing materials using electron 23 and light microscopy From approximately 1998 to 2000 I worked as Director of Analytical Services for White Environmental Consultants Inc. in Anchorage Alaska where in addition 24 to duties involving business development and growth I performed laboratory analysis of 25 asbestos and containing materials From approximately 2000 to 2001 I returned to work at EMSL as Western Regional Manager primary responsibilities involved 26 management of the company's western regional laboratory facilities but I also performed 27 laboratory research and analysis of asbestos and containing materials In 2002 I worked as Director of Business Development for Asbestos TEM Laboratories Inc. in 28 Berkeley California where in addition to management responsibilities I conducted field 2 DECLARATION OF SEAN FITZGERALD P.G. research and analysis of naturally occurring asbestos From 2002 to 2005 I worked as a branch manager for RJ Lee Group Inc. at its laboratory facility in San Leandro California My work there included analysis and microscopic examination of asbestos and products including including including geological geolgical geological analysis analysis of naturally oc ur ing asbestos products including geological analysis of naturally occurring asbestos containing Since I Since 2005 I | have been Vice President President Quality Assurance Director and Senior Research Scientist of Scientific Analytical Institute Inc. an environmental and materials testing and research laboratory in Greensboro North Carolina Approximately 70 to 80 percent of SAI's business involves the analysis of asbestos and containing materials using a variety of analytical techniques including electron microscopy TEM & SEM light microscopy PLM and ray diffraction XRD and I personally perform research on asbestos and containing materials 5. In 1988 I received training and instruction for asbestos air sampling and analysis building inspection and assessment project management planning and asbestos abatement project supervision at The Environmental Institute in Marietta Georgia In 1990 10 and 1992 I received training and instruction in the analysis of asbestos and asbestos- 11 containing materials using transmission electron microscopy and polarized light microscopy at the McCrone Research Institute in Chicago Illinois I have also been a certified EPA Asbestos 12 Inspector 13 6. I have been a guest speaker at asbestos workshops and conferences as well as local state and federal regulatory meetings and reviews and have advised private and governmental entities on issues of asbestos regulation science and process development I have been retained and given testimony as an expert researcher on asbestos in soils naturally occurring asbestos talc vermiculite and asbestos in household products with work appearing before English Parliament and the US Senate I have been a repeated keynote and technical session speaker and coordinator on asbestos issues before the Environmental Information Association National Asbestos Council ASTM International the American Industrial Hygiene Association AIHA the Geologic Society of America GSA and have presented results of my asbestos research at the National Press Club in Washington DC I have also been an invited guest speaker at NOA asbestos conferences including in South Lake Tahoe and EPA Peer Review of Asbestos Risk Assessment in San Francisco 7. I am a repeatedly author in the reviewed literature including a 22 book chapter on Naturally Occurring Asbestos NOA for ASTM International ASTM as well as articles on the science of asbestos talc including cosmetics geology and mineralogy 23 and have given numerous asbestos presentations to various organizations including the Environmental Information Association EIA formerly the National Asbestos Council the 24 American Industrial Hygienist Association AIHA and ASTM 25 8. I am member of the Geological Society of America GSA the Mineralogical 26 Society of America MSA the American Society of Trace Evidence Examiners ASTEE the Materials Research Society MRS the Environmental Information Association EIA the 27 American Industrial Hygiene Association AIHA and the ASTM International 22 Air 28 Quality Committee Further I have been the US Delegate Asbestos Expert to the International 3 3 DECLARATION OF SEAN FITZGERALD P.G. Standards Organization ISO through the American National Standard Institute ANSI a committee editor and peer reviewer for the US EPA Asbestos Purple Book and a talc method from 2015-2020 for US expert Pharmacopeia 9. Further I have written articles for publication and given presentations on asbestos many of which are on the topics of asbestos and talcum powder These presentations and articles include the Analysis for Asbestos Content in Commonly Available Products Using Light and Electron Microscopy and Matrix Reduction Techniques S. Fitzgerald 07/11/07 27p as published to USEPA & CPSC the Analysis of Talc for Asbestos at the 30th Annual National EIA Technical Conference in Washington D.C. on March 25 2013 What Asbestos at the 2014 GSA Conference held in Vancouver BC CANADA on October 19 2014. In addition I have authored reviewed literature on asbestos and talc including Is Antigorite the Asbestos Forgotten S. Fitzgerald E. Harty Professional Safety Journal August 2014 Asbestos in Commercial Cosmetic Talcum Powder as a Cause of Mesothelioma in Women R.E. Gordon S. Fitzgerald J. Millette International Journal of Occupational and Environmental Health September 2014 and Asbestos Control Surveys Assessment 11 Abatement and Maintenance A. Oberta S. Fitzgerald J. Spencer and A. Segrave Chapter Naturally Occurring Asbestos by S. Fitzgerald ASTM International Publishing 2015 12 10. In addition I have attended several continuing education seminars over the 13 years including M Environmental EPA Asbestos Inspector San Leandro CA 2005 14 McCrone Research Institute Transmission Electron Microscopy Polarized and Light Microscopy Chicago Ill 1990 92 and The Environmental Institute Building Inspection and 15 Assessment EPA Inspector Management Planning Project Supervision Sampling And 16 Analysis NIOSH 582 equivalent Marietta GA 1988 17 11. I have previously been retained and have testified as an expert witness in litigation involving asbestos and containing materials including talc contaminated 18 with asbestos 19 12. A true and correct copy of my current curriculum vitae is attached hereto as 20 Exhibit A. A true and correct copy of a list of my former testimony is attached hereto as Exhibit B. 21 13. I have been retained as an expert in this case for my expertise regarding geology historic testing of talc including testing of Cashmere Bouquet products and my own testing of 23 Cashmere Bouquet products I have reviewed the testimony of the plaintiff and other relevant testimony to determine if it was my opinion to a reasonable degree of scientific certainty that 24 through the use of Cashmere Bouquet Ms. Elizabeth M. Alfaro would have been significantly 25 exposed to asbestos 26 14. I have had the opportunity to review materials including depositions expert reports company records articles and studies relevant to body powders produced by Bouqutehte 27 Palmolive Company specifically historical productions of Cashmere talcum powders These talc products have been repeatedly analyzed and shown to contain 28 asbestos including anthophyllite tremolite and chrysotile asbestos fibers 4 DECLARATION OF SEAN FITZGERALD P.G. THE MINERALOGY OF TALC AND ASBESTOS what what 15. In order to these minerals minerals are are understand why we often see asbestos in talc let me first explain _ Continental rocks are dominated elements elements elements Continental dominated the elementelemes nts silicon Si and elements silicon and aluminum Al and ocean or basalt is relatively silica poor magnesium Mg and Iron Fe rich Ocean crustal rocks are therefore called Mafic or Ultramafic and mostly occur on land when they are split or planed from the ocean floor and then faulted through the silica continental country rock normally in tectonic mountain processes Silicates 16 Silicon is one of the most common elements in the earth's crust it would be the most common if it wasn't for oxygen A mineral is defined as a regular and specific arrangement of a given chemistry elements present in a certain ratio or amount It therefore falls to reason that the group of minerals based on Si would be the most common In fact there are only 10 elements that make up 98.8 of the crust namely in order of abundance Oxygen O Si Al Fe Calcium Ca Sodium Na Potassium K Mg Titanium Ti and Hydrogen 11 H Silicates can contain all 10 of these elements as they form many different minerals 12 depending on what elements are present and the pressures and temperatures at the time of crystallization 13 17. How silicate minerals are constructed is based on their most fundamental unit 14 the silica tetrahedron A very stable building block Si will bond to 4 oxygen atoms to form a 15 triangular tetrahedral sided polygon Minerals that form with a network of isolated SiO4 tetrahedra are the most basic of the silicates like olivine Forsterite is an olivine that has the 16 formula Mg2SiO4 based on single SiO4 networks When the tetrahedra share corner oxygen 17 atoms they string together to form chains and those minerals are known as single silicates If two adjacent chains then share corner oxygens different minerals called double- 18 chain silicates can form Chain silicates include pyroxene and amphibole minerals like the simple amphibole anthophyllite Mg7Si8O22 Figure 1 demonstrates this double chain structure 20 21 22 along 23 axis axis 24 view 25 26 I C5.2 27 Figure 1 Amphiboles consist of double chains of silicate tetrahedra aligned along the axis 28 of the unit cell 5 DECLARATION OF SEAN FITZGERALD P.G. 1 18. If more than two chains link together silica sheets can form creating plate minerals such as micas and clays Note that tetrahedral molecular arrangement creates a hexagonal sided form which accounts for the hexagonal patterns we see both in the 3 morphology atomic arrangement imaging e.g. electron diffraction tof patterns common clays and micas An example of a silicate mineral includes one of our subjects talc 4 Finally dimensional networks of silica tetrahedra form the minerals common to continental 5 || rocks like feldspars or simply pure silica i.e. quartz SiO 6 19. Generally speaking the silicate minerals form in more complex or connected network of the tetrahedral building blocks as more Silicon Si is available in the host rock 7 || Silicate minerals are grouped based on the arrangement of their silica tetrahedra building 8 || blocks in order of increasing relative Si content i Isolated silica tetrahedron olivine ii Tetrahedral silica chains single pyroxene and double amphibole 10 iii Tetrahedral silica sheets mica clay serpentine & talc 11 iv D framework feldspars & quartz 12 || Talc 13 20 Talc is a hydrated hydroxylated magnesium silicate mineral It has magnesium in structure is a silicate and has some amount of water or hydroxyl ion Talc is one of the 14 softest known minerals Talc has the basic formula of Mg3Si4O10 Figure 2 shows the 15 || unit cell most basic motif or building block of the mineral of talc 16 17 18 19 20 * = Octahodral Mg ir ; 21 A Silica -_ Tetrahedra Figure 2 Talc consists of silica tetrahedra in a sheet with magnesium sandwiched in a 24 |) molecular arrangement called octahedral coordination by dint of the sharing of oxygens in 25 || 6 corners Notice the hexagonal ring formed by the silica tetrahedra as viewedfrom above 26 ||Asbestos 27 21. The six regulated asbestos minerals are chrysotile the fibrous form of serpentine and the asbestiform varieties of five amphibole minerals actinolite tremolite | 28 anthophyllite crocidolite and amosite Although actinolite is often found in association with | 6 DECLARATION OF SEAN FITZGERALD P.G. its close relative tremolite and crocidolite and amosite have been found in only a couple of unique talc formations I will focus on the other four minerals That leaves us with chrysotile 2 serpentine tremolite and anthophyllite as asbestos types most likely to be found in talc ===3 - 22. a The serpentine minerals are all polymorphs of the same basic chemistry of 4 Mg3Si MO5 g3Si O, 5and are called antigorite lizardite and chrysotile As sheet silicates they || are structurally similar to clay or talc platy minerals consisting of a continuous silica sheets 5 joined to a continuous octahedral sheet e.g. in serpentine the MgO or brucite layer 6 || Alternatively they can be considered as a like structure with the silica layer stripped from one side like an faced sandwich Serpentine has octahedral magnesia joined to a silica 7 layer but not without structural stress The octahedral and tetrahedral layers do not line up 8 || very well for the purpose of oxygen sharing This mismatch is compensated for by a stretching of the apical silica oxygens so that they can form the common oxygen link This stretching 9 || results in structure bending 10 23. Geometrically there are only a few ways the mineral can form to compensate for |) 11 this molecular curvature by either linking reversed silica sheets in an undulating jelly to down in a microscopic wave or by linking curved sheets with the jelly 12 to form finite scrolls When serpentine waves are created either the regular wave form antigorite or the irregular wave lizardite is the result When scrolls form chrysotile asbestos is 13 the result with its characteristic straw fiber morphology 14 15 view along axis 16 Figure 3 Geometry of amphibole Amphiboles consist ofdouble chains of silicate tetrahedra along the axis of the unit cell with the individual chains linked by cations in octahedral coordination 18 18 19 c 20 5.2 A 21 22 Talc Structure The structure of amphibole with chainlinking cations is shown below as projected along the axis of the unit The octahedral cation sites are labeled M1 M2 M3 and M4 The hydroxyl group OH is addedfrom water during formation 23 24 ENV | SON FEN 25 * OM % BVENANGN A 26 POARS wee ABCAS 27 s site | @ site In anthophyllite the M sites are occupied by Mg In tremolite Cafills the M4 site Note that the A site is left open in regulated asbestos minerals but can be occupied in Libby amphiboles (OOY GOTEEE Note that every other 1/6 or silica sandwich is a polysome of talc see callout DECLARATION OF SEAN FITZGERALD P.G. 24. Serpentine forms most often in geologic units resulting in ocean crust faulted through country rock in the presence of water usually on the ocean face side of mountain ranges as one would expect from a subducted ocean plate under a continental land mass Serpentine formations of this genesis called ophiolites ophio- Greek snake 25. The asbestos amphiboles tremolite and anthophyllite are as we already know double silicates Tremolite most often occurs in contact or regional metamorphism of carbonates In other areas of formation actinolite is more likely to form Anthophyllite is commonly developed often with an asbestiform habit during regional metamorphism of ultrabasic rocks and in this paragenesis is usually associated with talc Deer Howie & Zussman As we can see in figure 3 the fundamental building block unit cell of talc is actually a subset of the unit cell for amphiboles Transitional Minerals 26 As you can see by looking at the subtle differences in the chemistry and structure of the minerals talc anthophyllite tremolite and serpentine these minerals are closely related and can easily be altered from one to the next All of these minerals form under similar conditions in regional or contact metamorphism of ultramafic rocks especially in the presence of carbonates and water as all of these minerals are hydroxylated magnesium silicates 27. poor anthophyllite is actually quite common in metamorphic talcs and often can act as both the chemical supply for the formation of talc or be formed in retrograde from talc in a hydrated magnesium silicate cycle of mineralization In the presence of calcium available from carbonates tremolite enters this cycle and may also act as both source and 16 resulting mineral When the new mineral retains the morphology of its parent it is called 17 pseudomorphic e.g. fibrous talc is often pseudomorphic after anthophyllite asbestos 18 28. Geologically speaking fibrous talc structures especially asbestiform talc are relict structures of former amphibole asbestos structures in most cases with the possible exception of less common ribbony talc fiber morphemes Fibrous talc has proven more 20 pathogenic than their more dominant assemblages Rohl & Langer 1974 and most all fibrous talcs are contaminated to varying degrees with their mother minerals in their asbestos 21 forms It has also been long known that the metamorphosis of siliceous dolomites almost invariably creates asbestiform tremolite for instance 22 23 29 There are two basic geologic conditions that produce talc 24 i Hydrothermal alteration of mafic and ultramafic rocks or ii Hydrothermal metamorphism of siliceous dolomites 25 30 Hydrothermal alteration of mafic and ultramafic rocks means chemical change of silica minerals by waters heated in the earth by magma mafic or ultramafic 27 rocks such as olivines or pyroxenes are often derived from oceanic crust and are also called ultrabasic rock In this first group other more complex silicates including asbestos rarely 28 form in the talc forming process but can have been formed in the mafic bodies before the 8 DECLARATION OF SEAN FITZGERALD P.G. hydrothermal episode of talc formation 31. Hydrothermal metamorphism of siliceous dolomites is usually at higher temperatures due regional relatively close proximityigneousbodies ormagma like a dike cutting through carbonate country rock or a magma cooling to granite below 4 || effectively pressure cooking the surrounding rocks In this second group Mg is often contributed to the formation of the talc as the silicon comes from the carbonates as well In 5 some deposits of the second group amphiboles may be very abundant especially in those 6 || formed during high temperature regional metamorphism of impure dolomites As a large magmatic body at the root of the Adirondacks did just exactly that the Gouverneur District has || 7 tremolite comprising between 30 and 70 of the talc product Harben & Kuzvart 1996 In 8 | that area alteration of the tremolite schists have exhibited range alteration from tremolite to anthophyllite to talc to serpentine and most all permutations of those end member 9 || transitions e.g 10 Tremolite + Talc Anthophyllite + Talc 11 Tremolite Anthophyllite Talc Fullerville Wight Anthophyllite Talc Fowler 12 Tremolite Serpentine Arnold 13 32. All of the very grained talc anthophyllite and serpentine noted in the 14 GouverneurGouverneur schists appear to have grown bya latter alteration of tremolite or anthophyllite The coarsely crystalline talc is associated with clear unaltered tremolite and appears to be a 15 | primary metamorphic assemblage not a result of any retrograde alteration The coarsely 16 | crystalline talc is not valuable commercially because of its poor milling quality The fine grained alteration products of the amphiboles form the commercial ore The superior milling 17 || quality of this ore is probably due to the grained nature of the magnesium silicate alteration products Ross 1968 18 19 33. As the interrelationship between talc formation and asbestos is further examined these two basic modes of talc formation can be further defined by four different groups as I 20 | II III and IV 21 i Type I ultramafic origin Begins as ultramafic rock e.g. olivine or 22 pyroxene that is serpentinized and the resulting serpentine subsequently carbonitized by CO2 and water to form talc and carbonates Accessory 23 minerals include magnesite sulfides chlorite and serpentine 24 ii Type II mafic origin Begins as mafic rock e.g. gabbro serpentinized and the resulting serpentine subsequently carbonitized by CO and water 25 to form talc and carbonates Accessory minerals include magnesite 26 chlorite parent minerals e.g. gabbro and serpentine 27 111 Type III metasedimentary origin begins as dolomite or magnesite hydrothermally altered by bearing fluids Accessory minerals 28 include dolomite calcite chlorite quartz and feldspars 9 DECLARATION OF SEAN FITZGERALD P.G. iv Type IV metamorphic origin begins as carbonates e.g. dolomite or silica -containing dolomitic marble Recrystallization of host rock forms tremolite or actinolite within the host which is subsequently steatized altered to talc by heat pressure Accessory minerals include carbonates quartz serpentine tremolite and actinolite occasionally anthophyllite McCarthy et.al 2006 34 Although talc and asbestos are not the same minerals they are members of the same family of minerals and are formed from the same minerals Talc is primarily formed from the metamorphism of magnesian minerals including serpentine and amphibole through heat and pressure Talc can also form hydrothermically through a reaction between dolomite a carbonate mineral and silica As noted asbestos is the asbestiform variety of serpentine and amphibole Because asbestos and metamorphically tales are formed from the same minerals serpentine and amphibole metamorphically talc is more likely to contain or be found with asbestos than hydrothermically talc 10 11 35. In review of the above refined four modes of talc formation we see either serpentine or amphiboles as possible accessory minerals in three of the four modes of formation leaving only type III metasedimentary as the only geologic process unlikely to contain the asbestos minerals as accessory contaminating minerals In fact in the 13 field we see that even talcs formed from the hydrothermal alteration of carbonates a.k.a. 14 hydrothermal or metasedimentary origin can sometimes have some amount of alteration to asbestos by the other processes In other words although a tale body may chiefly be formed in 15 a matter in which it is unlikely to contain asbestos it is possible that asbestos can still be a contamination of the overall mine Because of the close relationship of talc and the asbestosforming minerals we can see why asbestos fibers can and do occur at some level in talc reserves all over the world In fact geologists have known for well over a century of the intimate relationship between talc and asbestos Dana 1895 What we can learn from these lessons in geology and mineralogy is that we must closely and carefully examine each formation of talc in the earth both from the macroscopic geology of formation to the microscopic examination of materials and minerals as they change through time 36. Further as to the determination of the presence or absence of asbestos in hand sample the concept that a mineral must be visibly fibrous in hand sample in order to be 22 asbestos is misleading I often find asbestos fibers bundles and veins in rocks in the field that were only recognizable as such with the aid of a microscope especially when we consider the 23 size necessary to be released into the air and potentially inhaled by humans Indeed much of 24 the asbestos that I was able to find in the laboratory under the microscope was not perceivable as asbestos in hand sample in the field I have repeatedly found this to be true with natural 25 occurrences of asbestos in soil and rock including my field studies in North Carolina Montana Vermont Canada Alaska and many more excursions whereI have repeatedly been 26 surprised that rocks that appeared to not contain asbestos in hand sample were found to contain 27 substantial asbestos under the microscope On the tenuous foundation of defining asbestos as only a gross population the actual particle size fractions that are only resolvablaet the 28 microscopic level are discarded as inconsequential Unfortunately this is the very size fraction 10 DECLARATION OF SEAN FITZGERALD P.G. that is of concern when considering asbestos as airborne breathable asbestos is far smaller than can be seen by the naked eye In fact it would take over a hundred respirable fraction asbestos fibers to equate the thickness of one human hair GEOLOGICAL EVIDENCE OF ASBESTOS IN SOURCE TALC ORES FOR CASHMERE BOUQUET TALC 37. Given that asbestos is the causative factor of mesothelioma it is important to note that this historic cosmetic talc contained asbestos It has been demonstrated that the contamination was from the mining process since ore specimens taken directly from the mines have repeatedly been tested and proven to contain asbestos most often anthophyllite and tremolite but also serpentine chrysotile asbestos 38. In addition the Federal Food and Drug Administration specifically acknowledged that cosmetic talc produced in the 1960s and early 1970s did contain asbestiform minerals July 11 1986 Letter from J.W. Swanson Acting Director of the Federal Food and Drug Administration to P. Douillet re Citizen Petition Warning Labeling of Asbestos in Cosmetic Talc at p 1 Exhibit K. 13 39. From review of corporate documents sworn testimony of those responsible for 14 the sourcing of talc used in Cashmere Bouquet products and Colgate's discovery responses 15 Colgate has admitted that the talc used to manufacture Cashmere Bouquet talcum powders was supplied from Charles Mathieu Inc. and Cyprus Industrial Minerals Colgate has further 16 admitted that from 1940 to 1979 Charles Mathieu was the exclusive supplier of the talc used in Colgate's Cashmere Bouquet products and that from 1979 until 1995 Cyprus was the 17 exclusive supplier of talc used in Colgate's Cashmere Bouquet products 18 40. I have determined from my review of Colgate's Cashmere Bouquet formula 19 cards interrogatory responses and depositions of witnesses who worked for Colgate and Colgate's talc suppliers that three mines were historically the primary sources of talc for the 20 subject They were the Regal mine near Murphy North Carolina the Willow Creek mine in 21 Southwest Montana and talc imported from the Val Chisone Germanesca region of the Italian Piedmont As the specific geology of talc can be an important indicator of whether a 22 talc source may contain or be contaminated with the asbestos forming minerals an evaluation 23 of the geology relevant to these three mines is necessary 24 25 Regal Mine Near Murphy North Carolina 41. The Regal mine in North Carolina was in the Murphy marble belt a 150+ mile 27 formation in which marble and talc have been mined for decades Several geologic evaluations of this belt have found it rich in amphiboles including anthophyllite Tremolite is also 28 commonly found in metamorphosed dolomites and marbles and has been historically 11 DECLARATION OF SEAN FITZGERALD P.G. repeatably found associated with this formation as well Studies by the geologists Hopkins and Van Horn found evidence in the Murphy marble belt of both hydrothermal and metamorphic talcs with silicates including tremolite and actinolite most developed 5 miles northeast of Murphy Geological Survey of Georgia by Oliver B. Hopkins A Report on the Asbestos Talc and Soapstone Deposits of Georgia published in 1914 Chas P. Byrd State Printer 1914 at 232 The Talc and Soapstone Deposits of North Carolina 233 tremolite deposits Exhibit E. The Regal mine was approximately 3.5 miles northeast of Murphy Van Horn went on to describe the talc as consistently fibrous and pseudomorphic and Hopkins and Pratt reported that the talc is largely due to alteration of tremolite and is microscopically fibrous 42. Asbestos has been repeatedly found in testing of talc from the Murphy belt In fact consistent with what was recorded in publically geological surveys in 1948 researchers independently reported the presence of tremolite and actinolite asbestos in the talc formation of the Murphy Marble Belt throughout the marble formation and usually is accompanied by pyrite the Murphy marble tremolite is found in sizes from microscopic 10 particles to bladed crystals up to 20 inches Tremolite replaces and is replaced by tale 11 and most of the other accessory minerals demonstrating several different stages of | formation tremolite crystals are replaced by talc it is not unusual for the talc to form 12 as a broad encroaching wave Earl C Van Horn article Talc Deposits of the Murphy Marble 13 Belt at 25 1948 Exhibit ; W. Robert Power & Joseph T. Forrest Stratigraphy and Structure of the Murphy Belt North Carolina published in Carolina Geological Society at 5 Nov. 1314 14 1971 see also p 5 Noting that the Murphy Marble Belt's ommon accessory minerals include graphite biotite amphibole talc and pyrite Exhibit G. 15 16 43. In May 1977 the McCrone Institute in Chicago reported their testing results of tales from all over the world by Ray Diffraction XRD and Polarized Light Microscopy 17 PLM under contract to the National Institute for Occupational Safety and Health NIOSH Their testing found tremolite asbestos in the talc from the Hitchcock mine 1.5 miles southwest 18 of Murphy 19 44 Moreover I have personally visited this area and confirmed tremolite presence in 20 the talc mines of the Murphy NC marble and talc belt formation recently 21 22 Willow Creek Mine in Southwest Montana 23 45. The Willow Creek mine was well documented as contaminated with asbestos 24 A geological survey conducted by the Montana Bureau of Mines confirms that this region was contaminated with serpentine and tremolite asbestos Specifically in the Montana 25 mine geologists observed as early as 1979 that fibrous talc was pseudomorphous after 26 tremolite and chrysotile vienlets were observed in olivine porphyoblasts inclusions at Willow Creek both clear indications of mineralization of the talc with ultramafic asbestos- 27 forming minerals Geological Survey in 1979 by Richard B. Berg entitled Talc and Chlorite Deposits in Montana at 43 45-46 Talc pseudomorphs after tremolite blades are observed in 28 one specimen ... Serpentine was also observed in thin sections of both the calcite marble and 12 DECLARATION OF SEAN FITZGERALD P.G. the dolomitic marble ... Phlogopite and tremolite also occur in calcite marble Exhibit H. 46. Talc in Southwestern Montana by Cerino et.al. Northwest Geology v 36 2007 describes mineral assemblage at the Yellowstone mine located in the foothills of the Gravelly Range on the eastern side of the mountain range opposite Willow Creek on the Western side of the same ridgeline 14 miles away There are many similarities in the observed geology and mineralogy at Willow Creek and Yellowstone including the presence of dolomite and marble stained maroon by the iron rich minerals hematite and pyrite found heavily faulted and folded as a host rock for their daughter mineral that constitutes the mineral being mined talc Both talc mines are situated in medium to high grade Archean dolomitic marble with the talc ore bodies hosted in that siliceous dolomitic marble As Cerino points out in his description of the methods of talc formation in southwest Montana many authors have described and mapped these Archean rocks in the region He reports to us however that the geologic setting of the talc deposits is somewhat enigmatic in that some investigators including Berg 1979 suggested that the talc formed in a retrograde metamorphic event based on replacement of tremolite by 10 talc and biotite by chlorite In 1990 Anderson and others suggested a hydrothermal model of talc formation Cerino went on to say that there are replacement textures of the parent minerals as relic structures to include euhedral talc perfectly preserving the original dolomite rhombs 12 rhombohedral crystals further Other replacement texture observed include replacement of 13 olivine and diopside which are products of the amphibolite to granulite facies M1 metamorphic event A mafic or ultramafic component responsible for talc formation was also 14 suggested by trace element geochemistry of the talc conducted by Cyprus minerals which found elevated chromium and nickel content indicative of such 15 47. In the 1990 USGS report Cambrian Geology and Bedded Iron Deposits of 16 the Southwestern Ruby Range Montana Harold L. James described the Archean rocks as 17 containing the dolomitic marble that was the host predecessor of talc formation From that study I quote A notable analogy exists between this area and for example the Adirondack Mountains of New York Though younger by considerably more than 1 billion years the 19 Adirondack lithic assemblage is similar containing marble amphibolite and various layered gneisses as well as widespread deposits of talc I found this correlation remarkable in that 20 the talc from upstate New York has been repeatedly found to contain anthophyllite tremolite and chrysotile asbestos and similar to the rocks found and reported by James the talc of the Gouverneur region of New York formed as a combination of hydrothermal alteration of 22 carbonates and metamorphic alteration of ultramafic asbestos minerals with replacement textures and pseudomorphic fibrous talc repeatedly found in both formations 23 Although the specific section in the James report on talc addresses the hydrothermal model for 24 talc formation he described the entire lithologic units that hosted the talc as so extensively metamorphically altered to constitute a virtual field laboratory for studies of metamorphism 25 He describes the process of talc formation as the introduction of silica and water loss of and calcium carbonate CO2 presumably through the agency of hydrothermal fluids though 26 the source of such fluids and timing remain unclear On the other hand virtually all of the 27 ultramafic and metamorphic asbestos forming minerals are found throughout the James report including anthophyllite actinolite tremolite and chrysotile In fact James notes that 28 serpentine is associated and found locally abundant In a section named ASBESTOS in his 13 DECLARATION OF SEAN FITZGERALD P.G. report he writes yellow cross asbestos chrysotile is found as thin veinlets in altered dolomite marble 48. In 1984 a letter from Cyprus minerals described the tremolite occurrence at Willow Creek as fibrous and selective mining was deemed not feasible to avoid the inclusion of the asbestos I have personally visited the Willow Creek mine to take samples for analysis I analyzed those samples by transmission electron microscopy for asbestos content My analysis confirmed asbestos presence throughout the Willow Creek talc mine including chrysotile and asbestiform tremolite Further the Willow Creek mine in Montana was in fact shut down due to the tremolite asbestos problem in Montana 49. Furthermore I personally traveled to Montana and evaluated the Willow Creek mine site in August 2014. As reported to Colgate through counsel in October 2014 I concluded as follows My boots on the ground evaluation at the Willow Creek mine site coupled with subsequent laboratory mineral identification finds that there is extensive and pervasive presence of asbestos throughout the mine I find the geology as reported by Berg Serino James and Cyprus minerals consistent with these findings especially in regard to the viability of the location as a source of mineable talc It is my opinion with a reasonable degree of scientific certainty the talc that occurs at Willow Creek could not be selectively mined to preclude the mining and disturbing of asbestos especially chrysotile and pervasive asbestiform tremolite In fact it is my opinion that it would be difficult if not impossible to fill a small wheelbarrow full of talc from this location without including some amount of asbestos at least at the microscopic scale 15 50. am aware Colgate has suggested that talc from the Beaverhead mine also in 16 Southwestern Montana formed in a manner that does not even allow for the possibility of 17 asbestos contamination It is notable however that Dr. Mickey Gunter who Colgate often retains as an expert in mineralogy and geology in cases involving exposure to Cashmere Bouquet has previously testified that all talc deposits in Southwestern Montana formed from 19 the same geological processes from hydrothermal alteration of these preexisting carbonate rocks Trial Testimony of Dr. Mickey Gunter Fishbain case July 28 2015 at pp 805 20 25 Exhibit FF Colgate's position is therefore contradicted by the geologic studies discussed above identifying the common occurrence of asbestos in the mineralogic assemblage that 21 characterizes the Southwestern Montana talc deposits Colgate offers no reason to assume that 22 asbestos would not be a contaminant of the Beaverhead talc deposit when it has been repeatedly identified at other nearby talc mines including Willow Creek 23 24 Val Chisone Germanesca Region of the Italian Piedmont 25 26 51. Industrial Minerals and Rocks 7th ed has a chapter on the mineral talc by McCarthy et al as referenced earlier in this document regarding the four types of talc 27 formation Italian talc specifically Val Chisone is cited therein as an example location for Type IV talc of metamorphic origin Metamorphic talc is is formed by a step process 28 Starting with dolomitic marble recrystallized to form actinolite subsequent 14 DECLARATION OF SEAN FITZGERALD P.G. steatization of amphiboles constitutes metamorphism to talc and carbonate derived directly from the asbestos forming minerals Metamorphic talc is therefore known for the accessory minerals serpentine actinolite and tremolite minerals that when asbestiform are regulated as asbestos 52. In the Annals of the New York Academy of Sciences volume 643 1991 the section on public health control entitled The Third Wave of Asbestos Disease Exposure to Asbestos in Place as edited by Landrigan and Kazemi reports on the hazards of talc contaminated with tremolite and examines different example tremolites from around the world including tremolite from Ala di Stura in northwestern Italy which formed in the same basic formation that formed the talc in the nearby Talco Graffiti talc mining region of the valleys of the Chisone and Germanesca rivers Val Chisone Germanesca the very talc region mined extensively for the talc milled in Italy in earlier years and sent to US distributors including providers of Italian talc to Colgate and also as a primary source of Italian talc in later years shipped to be ground in America as AGI 1615 grade also extensively sold to Colgate for products such as Cashmere Bouquet 11 53. Further The Third Wave describes the tremolite in that formation as containing 12 both fibrous and asbestiform varieties which is consistent with the tremolite found in the talc ore and products tested historically and recently including testing of 13 Cashmere Bouquet e.g. Figure 4 p.480 shows tremolite asbestos from Ala di Stura 14 tremolite from the same basic formation as Val Chisone talc 54. A 1966 geological study of this region of Italy documents that accessory minerals including ... amphiboles of the actinolite series are diffused throughout the deposit at times in considerable volumes The 1966 survey reveals that inclusions of 17 such accessory minerals is constant and regular and are indeed in every deposit Specifically the amphibole tremolite inclusions terminate in clumps of rigid asbestoid fibers 18 with silky brightness Article by Luigi Peretti entitled Geology and Genesis of the Talc 19 Deposits in the Pinerolese published in Bulletin of the Subalpine Mining Association in September 1966 at pp 283 289 293-294 Exhibit D. 20 21 22 23 24 25 || 26 55. The largest and most active chrysotile mine in all of Europe was also in the same basic formation in the Piedmont region near Torino Italy Recent papers regarding the geology of associated chrysotile tremolite and talc include Ilgren et al Critical Reappraisal of Balangero 2015 and supplemental data as published as Critical Reappraisal of Balangero Chrysotile and Mesothelioma Risk Ilgren et.al. 2015 In those articles the importance of the geology of this formation namely the Lanzo massif is described as conducive to the formation of tremolite asbestos through numerous serpentine and associated talc bodies Further the Chisone Valley is specifically named as a location where the presence of tremolite is plausible explanation for the most Western mesothelioma clusters 56. In the published proceeds of the 32nd International Geological Congress Italia 27 2004 the Germanesca Valley was studied in a field trip led by G. Lollino In the description 28 provided in the published field trip guide Lollino et.al. tells us that Val Chisone contains serpentinites and describes ophiolitic sequences apparent in the rock Ophiolites are the very 15 DECLARATION OF SEAN FITZGERALD P.G. types of rock that are responsible for most of the asbestos formation in the earth including the formation of tremolite Further presence of carbonate rocks in metamorphic sequences described in the region where major talc deposits were found as alteration of those carbonates is indicative of likely inclusion of tremolite in the final talc as it is well recognized in the geologic literature that metamorphism of siliceous dolomites invariably produces asbestiform tremolite for instance Van Gosen et al 57. In 2007 the Periodico di Mineralogia Periodical of Mineralogy published an article relevant to the geology of the region at issue named Metamorphic Veins from the Serpentinites of the Piedmont Zone Western Alps Italy a review by Groppo and Compagnoni This article describes the metamorphic nature of the region and the mineralogy and petrology of associated chrysotile tremolite and talc and their common occurrence in the fibrous habit lending further evidence of the conducive nature of the regional geology to the intimate formation of talc and asbestos 58. The mineral industry of Italy was described by Newman 1995 and subsequently by McCarthy et al in 2006. Specifically in regard to Italian production of talc Newman reported underground mines at Pinerolo near Turin and Talco e Grafite Val Chisone is the major producers of the country described as white talc mined from metamorphic rocks has been a very high quality McCarthy describes the Italian talc Luzenac Val Chisone near Pinerolo as in the ore of metamorphic origin In Type 4 metamorphic origin talc the host rock is containing dolomitic marble where tremolite and actinolite are formed within the host marble which is subsequently altered from the amphibole tremolite or actinolite to talc and carbonates with tremolite and serpentine as common accessory minerals 59. Further in 2013 I personally tested samples of talc ore AGI 1615 given to me 17 for testing from Mt. Sinai and Langer The samples were confirmed as originating from the Val Chisone Germanesca region finding both asbestiform anthophyllite and asbestiform 18 tremolite and occasional chrysotile asbestos 19 HISTORICAL TESTING OF SOURCE ORES TO CASHMERE BOUQUET 20 60. From as early as 1942 scientific literature reported the presence of serpentine 21 and amphibole minerals in samples of various talc products including talcum powder Article in Journal of Industrial Hygiene and Technology by R.Z. Shultz and Charles R. Williams 22 entitled Commercial Talc Animal and Mineralogical Studies published in April 1942 in 23 Volume 24 No. 4 at p 75 Exhibit C. 24 61. Review of the historic records of ongoing testing by Cyprus of talc ore for the presence of asbestos in talc from many different sources demonstrated repeated findings of the 25 asbestos minerals by XRD with follow testing confirming asbestos by light 26 microscopy Talc found to contain detectable tremolite by Cyprus testing was often that sourced from Italy to be sold as talc products e.g. 1615 to Colgate for use in various products 27 including cosmetic products such as Cashmere Bouquet Even though the records of testing of 28 the Cyprus lots was found less than adequate for the amount of talc being produced talc grades sold to Colgate were repeatedly held due to positive testing for tremolite Further lots 16 DECLARATION OF SEAN FITZGERALD P.G. where a single sample may well represent 20 tons of talc in which testing only sensitive to 0.1 content of asbestos at best would give license to release of the entire 20 tons which in light of our understanding of lower levels of asbestos contamination in their commiserate potential for significant fiber release is unacceptable Further in lots where XRD peaks were indicative of the presence of tremolite individual samples were taken of the held lot to determine if individual tons could be found acceptable to ship In the records of Cyprus testing of these sub tests also revealing repeated positive results for the presence of tremolite in Italian talc indicative of significant potential of contamination of the talc being supplied to Colgate with asbestos 62. Lot testing of Italian talc ore was done repeatedly due to the discovery of the mineral tremolite by XRD A grade of talc from Italy was named American Ground Italian or AGI 1615 as the Italian ore was shipped to the US for processing In 1971 testing by McCrone found chrysotile in 1615 grade but also reported the possibility of contamination Subsequent testing by ES laboratories confirmed the presence of chrysotile in June of 1972 Additionally ES found the presence of anthophyllite in this material Grade 1615 was further tested in 1972 by the New York University Department of Chemistry Their initial test by XRD showed some features in its ray pattern that suggested that it might contain some tremolite The report reads on accordingly the specimen was subjected to a detailed microscopic examination Both tremolite and chrysotile fibers were found to be present in the sample It is estimated the tremolite content is about % by weight and the chrysotile about 14 0.5 Ironically that 1972 NYU report ended with a proposed solution to the asbestos content of the Italian talc by diluting it with another grade of talc in which they had not found 15 potential asbestos by XRD screening It was quoted Please note that the asbestos content of 16 talc number 1615 is just at the minimum level of capability It is evident that if this lot is blended with e.g. talc No. 141 in the proportion of one part of the former to two parts of the 17 later the resulting mixture will be fully acceptable by the analytical protocol described 18 above XRD 19 63. Furthermore the Val Chisone talc from Italy also was studied by Pooley in 1972 The study described the mineral assemblage from which the talc is mined as metamorphic 20 which included the amphibole mineral tremolite The samples were taken from within the mine 21 itself Fibrous talc was observed as intimate intergrowths with serpentine 22 64. Further in 1977 1615 was retested by McCrone and found to contain tremolite November 16 1977 letter from McCrone to Mr. Simko of Palmolive Exhibit Z. 23 65. Asbestos contamination in Colgate's source talc was further confirmed 24 during an evaluation of the Willow Creek mine beginning in 1979. At that time Cyprus 25 Mines corporation an independent talc mining and processing company that purchased the Willow Creek mining rights from Colgate's supplier conducted study the 26 Cyprus Study to determine the viability of the mine Cyprus purchased the Willow 27 Creek mining rights from Resource Processors Inc. which was the mining division of Charles Mathieu during the time Charles Mathieu was supplying talc to Colgate The 28 Cyprus Study concluded that fibrous tremolite asbestos existed along 80 percent of the 17 DECLARATION OF SEAN FITZGERALD P.G. strike length of the ore body in quantities comprising up to 20 percent Due to the prevalence of the tremolite in the mine the Cyprus Study concluded that selective mining methods could not be successfully employed to avoid mining tremolite at Willow Creek and therefore the presence of tremolite throughout the carbonate zone negates Willow Creek for consideration for mining April 6 1984 Report Willow Creek Mine and Greenhorn Claims Madison County Montana at 0406-0407 Exhibit I. TESTING OF CASHMERE BOUQUET CONFIRMS ASBESTOS 66. In 1968 Manville performed testing on several different talcum powders including Cashmere Bouquet talcum powder and found trace tremolite in the Cashmere Bouquet talcum powder October 31 1968 Manville Corporation testing Body Talcum Powders - Petrographic Examination at pp 1-2 Exhibit J. 67. In 1972 Professor Seymour Lewin a chemist at New York University tested 102 products for the presence of asbestos including cosmetic tales One of the products tested was Cashmere Bouquet The results were submitted to the FDA noting a finding of % chrysotile asbestos in sample 81 of Cashmere Bouquet August 3 1972 Letter from Seymour Lewin to Alfred Weissler Acting Director Division of Colors and Cosmetics Technology of the Federal Food and Drug Administration at p 1 5 and 11 Exhibit N. 15 68. In March 1976 Rohl and Langer then an Associate Professor of Mineralogy at the Mount Sinai School of Medicine met with the Federal Food and Drug Administration 16 FDA Division of Cosmetics Technology at Mount Sinai's Environmental Sciences 17 Laboratory to discuss their findings of asbestos in various cosmetic talcum powders Rohl and Langer tested 20 consumer products labeled as talc or talcum powder including body 18 powders baby powders facial talcum and pharmaceutical talc Of those 20 products 10 were found to contain detectable amounts of tremolite and anthophyllite principally asbestiform In 19 correspondence with the FDA Dr. Langer confirmed that the product that had the highest 20 amount of asbestos content was Cashmere Bouquet March 22 1976 Memorandum of Meeting at the Environmental Sciences Laboratory in Mount Sinai School of Medicine City 21 University of New York between Members of the Staff or Environmental Sciences Laboratories Arthur Langer and Arthur Rohl and the Federal FDA Division of Cosmetics 22 Technology Clifton H. Wilson and Ronald L. Yates regarding Analytical Methodology for 23 the Detection of and Determination of Asbestos Minerals in Talc at p 1 Exhibit O. 24 69. Rohl et al analyzed the samples by Polarized Light Microscopy PLM Ray Diffraction XRD Scanning Electron Microscopy SEM and Transmission Electron 25 Microscopy TEM equipped with energy dispersive ray EDS and electron diffraction 26 SAED capabilitiTehse authors noted that while some asbestos was resolvable by light microscopy most samples were too grained with particle dimensions two small for light 27 microscopy and that naturally occurring asbestiform minerals often lie below the working 28 resolution capabilities of light microscope They further noted that by comparing the results of optical microscopy and quantitative XRD with those from TEM analysis they observed that 18 DECLARATION OF SEAN FITZGERALD P.G. large numbers of fibers could go undetected by the less sensitive techniques Both asbestiform anthophyllite and asbestiform tremolite were found in that testing of cosmetic talcum powder with the anthophyllite described as having greater length to width aspect ratios than the tremolite asbestos Furthermore the anthophyllite asbestos concentration was reported as 4 to 5 times that of the asbestiform tremolite in that product as tested and reported over 37 years ago 70. During his meeting with the FDA Professor Langer prepared a slide using Cashmere Bouquet talc to demonstrate his findings of tremolite and anthophyllite asbestos in the product which he confirmed by ray and optical microscopy An additional microscopist on Dr. Langer's staff conducted separate testing which confirmed the findings At the meeting Dr. Langer was somewhat disgusted by the talc industry's attitude He said the result of his work has been known to the industry for several years but nothing was done until the analytical results became public March 22 1976 Memorandum of Meeting at the Environmental Sciences Laboratory in Mount Sinai School of Medicine City University of New York between Members of the Staff or Environmental Sciences Laboratories Arthur Langer and Arthur Rohl and the Federal FDA Division of Cosmetics Technology Clifton H. Wilson and Ronald L. Yates regarding Analytical Methodology for the Detection of and Determination of Asbestos Minerals in Talc at pp 2-3 71 The New York Times The Washington Post and The Ottawa Citizen all reported Dr. Langer's findings The New York Times reported that Cashmere Bouquet was among the talc products with the highest concentration of asbestos The findings were based on a report issued by Mount Sinai using TEM transmission electronic microscopy The tests at Mount Sinai which Federal health officials described as the country's leading research facility looking into the possible dangers of asbestos used an electron microscopy which 17 Heinz J. Eiermann Director or Cosmetics Technology in the Food and Drug Administration said was too expensive and too consuming for his agency to use March 10 1976 The 18 New York Times article entitled Asbestos Found in Ten Powders Exhibit V March 9 1976 19 article published in the Ottawa Citizen entitled Asbestos in Talc Powders Dangerous Exhibit P. 20 72. On March 8 1976 the Washington Post printed an article Asbestos Fibers 21 Found in Baby Powder The Washington Post reported that Cashmere Bouquet contained 22 asbestos and that the powders with the greatest concentration of asbestos fibers ranging from 8 to 20 percent Cashmere Bouquet Washington Post article published on March 8 23 1976 entitled Asbestos Fibers Found in Baby Powder Exhibit W. 24 73. In response to the 1976 Mount Sinai study Colgate got the sample of 25 Cashmere Bouquet and did its own testing Colgate's own internal testing confirmed the presence of anthophyllite well possible tremoliatned other amphiboles March 11 26 1976 Colgate Laboratory Notebook 6490-2 Exhibit Q. 27 74. Further in April 2011 I was contacted by attorneys from New York involved in 28 Cashmere Bouquet litigation They informed me that they had had many of these products tested by reputable laboratories and asked me if I would serve as an expert geologist to 19 DECLARATION OF SEAN FITZGERALD P.G. determine if I could conclude based on the geology of the source materials if the asbestos found in the talcum powders was feasibly derived from those talc ores and whether or not the historical testing and geologic surveys confirmed such to a reasonable degree of scientific certainty In review of the historic geologic surveys corporate documents and testimony I was able to form the opinion that it was reasonable that Cashmere Bouquet could contain asbestos based on associated mineralogy of the source talc mines alone With the results of that research independent of any testing of the material myself or reliance on the recent testing of others I was deposed as an expert for those New York cases by Colgate in December 2011 75. Eight months later August 2012 I was contacted by attorneys working on similar litigation from Baltimore In those cases I was asked not only to review the geologic and historic records relative to Cashmere Bouquet but to use my laboratory expertise to better understand the releasability of asbestos from the actual products by simulated product use in a controlled environment leading to testing which began in September of 2012 continuing until 10 February 2013. That testing is described in detail below as glovebox testing of cashmere bouquet 11 GLOVE BOX TESTING OF CASHMERE BOUQUET 13 14 76. In September of 2012 I tested two Cashmere Bouquet samples a pink soft plastic 4 ounce shaker bottle of body powder and a pink hard plastic container of dusting 15 powder labeled as containing 5 ounces The body powder had blue lettering a white cap and a molded sunflower shape in the pink plastic front and back see figure 4 There was also a 16 black magic marker scribble on the bottom of the bottle The dusting powder came in a round container with a hard plastic molded lid and handle Text description labeling was embossed in the molded pink base see figure 5 Reports of findings of these two studies were sent on 18 September 6 2012. After completing releasability tests on the two products they were sent back to the attorney that had sent them to me 19 20 77. Two months later the body powder previously sent to me was returned to the laboratory for a second round of testing in November 2012. The intent of the second round 21 was to confirm the findings of the original tests and to determine if minimal aerosolization of the product would create measurable quantities of asbestos on air filters in the glovebox 22 chamber using direct filter preparation techniques My report of the second testing of this 23 product was sent December 7 2012 24 78. I was subsequently sent back the dusting powder sample for more testing conducted in January of 2013. My report of the second testing of this product was sent 25 February 6 2013 79 In February of 2013 I tested a third Cashmere Bouquet product this time 27 packaged in a small pink tin The label read Cashmere Bouquet Selected White Talcum Powder NET WT 1.5 OZ see figure 6 Report of findings of glovebox releasability of this 28 product was issued on February 6 2013 20 DECLARATION OF SEAN FITZGERALD P.G. 80. Five distinct glovebox releasability tests were thusly conducted on three Cashmere Bouquet products Many testing parameters were held constant throughout all five release studies conducted on the three products to include Size of the box all studies were conducted in same e Sealing of enclosure mil black poly sheeting Black duct tape seams Air testing methods one volume sample in the center two high- volume samples taken left and right in the chamber 25 mm TEM 0.45...m MCE filter cassettes Aerosolization technique hand to hand hand to arm Clearance testing before and after to assure no contamination 81. Some testing parameters and methods differed from test to test to maximize information garnered from the studies For example the second test of the ounce plastic body powder bottle was specifically designed to use less powder than that aerosolized in the first testing of the same material The reason for this alteration of the procedure was to determine if the initial finding of asbestos released from the talc could be repeated using less product and analyzed by direct preparation of the filter rather than the indirect method necessitated in the first phase as the higher level of dust created an abundance of 13 particulate on the filter for direct preparation 14 82 Another alteration of the simulation was the additional testing of dust that fell to the floor and that clung to the walls during and after simulated use The basic reasoning behind 15 these added samples was this air samples would theoretically only represent the episodic asbestos if found released into the air column at the time of actual use In review of testimony of historical users of these products including plaintiffs the overall conditions were 17 not only dusty during use of the product but after the product use as well Such post 18 environments were described as dusty and dry sweeping was often employed The potential for entrainment was therefore suspected as significant and merited examination To capture 19 potentially containing dust after product use a x9 clean dry cloth type specified by ASTM asbestos dust testing methods was placed on the floor of the glovebox before 20 product use simulation After a settling period the dust fall wipe was carefully removed A 21 second wipe was then used in a manner consistent with ASTM test sampling protocol to sample an area of the interior glovebox wall This addition was implemented for the second 22 testing of the dusting powder and for the testing of the 1.5 ounce tin 23 83. By these methods 5 volume air samples 2-2.5 lpm and 10 volume air 24 samples 10 lpm were taken in the five tests three samples per event Six of those 15 air samples were analyzed by direct preparation namely the three samples taken in the second 25 round of testing of the 4oz body powder and the three samples taken of the air during aerosolization from the 1.5oz tin 2 dust fall wipes and wall wipes were also produced in the 26 five tests for a total of 19 samples of air and dust produced from the three Cashmere Bouquet 27 products All 19 samples were found to contain quantifiable asbestos 28 21 DECLARATION OF SEAN FITZGERALD P.G. BULK TESTING OF CASHMERE BOUQUET 84. Standard bulk asbestos testing by Polarized Light Microscopy PLM was not conducted by my laboratory on the Cashmere Bouquet samples received from the Baltimore or New York cases as previous testing by other reputable laboratories had previously confirmed the presence of asbestos in addition to the a'priori knowledge that asbestos was repeatedly found in historic testing of the products and talc ores I was commissioned in those cases to determine if those example Cashmere Bouquet products would release quantifiable asbestos structures into the environment and breathing zone of the user when the products were used in a manner consistent with use in simulation of use confirmed as consistent by sworn testimonials of users of Cashmere Bouquet talcum powders 85. of Subsequently through the process of litigation in those cases I became aware of the work of those other laboratories and experts that had also repeatedly tested Cashmere Bouquet talc and talcum products and it was decided that we should share our results in the 10 form of formal reviewed publication which we did in the International Journal of 11 Occupational and Environmental Health Volume 20 Issue 4 October 2014 pp 318-332 in the article titled Asbestos in commercial cosmetic talcum powder as a cause of mesothelioma 12 in women As that collaborative review substantiated historic Cashmere Bouquet talc products 13 although the specific brand was not named in the public article were repeatably shown to contain asbestos that would release significant asbestos into the air on typical use I decided 14 that further iterations of such products would only need to be confirmed as containing asbestos as we have proven such capable of producing airborne asbestos 15 86 By that reasoning when two more samples of historic Cashmere Bouquet talcum powders were sent to my laboratory from your firm in September 2014 I tested them by bulk analysis by PLM and TEM both of which confirmed fibrous talc asbestiform tremolite and asbestiform anthophyllite as constituents in Cashmere Bouquet talc products The samples 18 were analyzed for asbestos following analytical procedures described in the U.S. 19 Environmental Protection Agency Test Method EPA Method for the Determination of Asbestos in Bulk Building Materials The samples were examined by stereo 20 microscopy at magnifications from 7-40x and by grain mount analysis in refractive index 21 liquid by Polarized Light Microscopy PLM at magnifications between 100 and 400x using optical properties to verify asbestos content Example PLM microphotographs taken of these 22 samples are in figures 14 and 15 below 23 87. These Cashmere Bouquet product samples were further examined by 24 Transmission Electron Microscopy TEM by suspension of approximately 0.1g of each talc product in 200ml alcohol and DI water aliquots filtered through a 0.2...mMCE filter and 25 prepared by standard techniques on to carbon 200 mesh copper grids TEM analysis was conducted on 2000FX Transmission Microscope TEM equipped with 26 an Dispersive ray Analyzer detector EDS and Selected Area Electron Diffraction 27 SAED at magnifications up to 50,000X TEM micrographs EDS spectra and SAED images taken during this phase of testing and are figures 16 17 18 and 19 below 28 22 DECLARATION OF SEAN FITZGERALD P.G. 88. These tests further confirmed by both PLM and TEM bulk testing in my laboratory that historical Cashmere Bouquet talc products contain releasable tremolite and anthophyllite asbestos COLGATE'S OWN TESTING CONFIRMS ASBESTOS IN CASHMERE BOUQUET 89. In 1971 Colgate conducted what appears to be its first tests on Cashmere Bouquet North Carolina Regal talc to nvestigate the possibility of finding chrysotile asbestos Colgate Laboratory Notebook 3-3388 received by Pasquale Briscese subject 40441 entry dated September 20 1971 Exhibit L. 90. Colgate found more evidence of asbestos in Old Regal North Carolina Talc New Montana Talc and Recent Italian talc in 1976. Colgate found the Regal talc positive 10 for tremolite the New Montana talc positive for Anthophyllite & tremolite and the recent 11 Italian talc positive for tremolite Colgate Laboratory Notebook 3-3388 received by Pasquale Briscese subject 6164-99 entries dated March 5 and 8 1976 Exhibit M see also 12 Colgate Laboratory Notebook 3-3388 received by Pasquale Briscese subject 6164-85 and 6464-87 entries dated January 27 1976 Colgate found asbestos in three samples of Cashmere 13 Bouquet Exhibit R. Colgate even found tremolite and anthophyllite in a Cashmere Bouquet 14 sample obtained from an industry lobbying group the Cosmetic Toiletries and Fragrance Association CTFA Colgate Laboratory Notebook 3- 3388 received by Pasquale Briscese 15 subject 6490-5 entry dated March 25 1976 Exhibit S. Colgate found evidence of amphiboles in Cashmere Bouquet Body Powder Colgate Laboratory Notebook 3- 13388 received by Pasquale Briscese subject 6490-54 entry dated October 27 1976 Exhibit T. 91 In 1974 Colgate hired an outside company McCrone Associates to test its talc for the presence of asbestos McCrone used TEM transmission electron microscopy analysis to test for the presence of asbestos When McCrone started testing samples of Colgate's 19 cosmetic talc it found asbestos in the samples 20 92. On February 5 1974 McCrone reported that we have finished our analysis of 21 your samples designated 516 Cashmere Bouquet at N.C. Regal McCrone found chrysotile asbestos in all of the samples In none of the samples did we detect tremolite however 22 chrysotile was detected in all of them Bates No. MCCRONE 0170 February 5 1974 23 correspondence from McCrone to Colgate reporting presence of chrysotile asbestos in all talc samples Exhibit X. 24 93. On December 10 1974 McCrone reported to Colgate that it had found 25 amphibole asbestos in the sample Using the electron microscope we have analyzed three 26 samples of talc identified as Samples A F and S. McCrone reported that Sample A contained two fibers of amphibole which we believe to be tremolite Colgate could not 27 confirm that Sample A was discarded and not used in the finished product December 10 1974 correspondence from McCrone to Colgate reporting presence of tremolite asbestos in 28 Colgate talc samples Exhibit Y. 23 DECLARATION OF SEAN FITZGERALD P.G. 94. McCrone continued to test talc samples for Colgate and continued to find asbestos in the samples including tremolite On November 18 1976 McCrone confirmed that Cashmere Bouquet sample 4915 contained fibrous tremolite November 1 1976 Letter from J.P. Simko Jr. of Palmolive Company to Gene Grieger Senior Research Physicist of McCrone Associates requesting testing and the November 18 1976 Letter from Mr. Grieger of McCrone Associates to Mr. Simko of Palmolive reporting testing results collectively attached as Exhibit U. 95. On November 16 1977 McCrone informed Colgate that we also found a small amount of tremolite in Talc 1615. November 16 1977 letter from McCrone to Mr. Simko of Palmolive Exhibit Z. 96. In March 1981 McCrone notified Cyprus that a sample tested positive by way of TEM for chrysotile asbestos March 16 1981 Letter from Richard Ellis Jr. to Mr. Lou 10 Murino at Cyprus Industrial Minerals Bates No. MCCRONE 0205 Exhibit AA 11 97. In July 1983 McCrone notified Colgate that the sample tested positive for chrysotile asbestos July 26 1983 Letter from Richard Ellis Jr. to Ms. Grace at Colgate- 12 Palmolive Bates No. MCCRONE 0215 Exhibit BB 13 98 In October 1983 McCrone performed an asbestos analysis of three talc samples 14 labeled 12873 13080 and 13081. McCrone reported that Chrysotile asbestos was detected in all three October 27 1983 Letter from Deborah Palenik to Dr. Simko Jr. Bates No. 15 Exhibit CC 99. In January 1984 Colgate sent six samples of talc to McCrone for testing 17 Colgate requested an analysis for asbestos using TEM transmission electronic microscopy and SAED selective area electron diffraction Some of the samples were finished products 18 Three of the six samples that were tested using TEM detected chrysotile asbestos January 24 1984 letter from Colgate to McCrone requesting testing of 6 samples Bates No. 19 MCCRONE 223 Exhibit DD April 27 1984 McCrone letter reporting that three of the six 20 samples tested positive for chrysotile asbestos Bates No. MCCRONE 221 Exhibit EE 21 22 REANALYSIS OF RJLG CASHMERE BOUQUET PREPARATIONS 23 100. It is common procedure in the scientific community to assure quality of 24 analytical testing by repeating the results from analyst to analyst or laboratory to laboratory In recent testing of the Cashmere Bouquet products four independent laboratories repeatedly 25 found the minerals that form asbestos including serpentine anthophyllite and tremolite All 26 laboratories except the RJ Lee Group RJLG consistently repeated finding asbestos in and generated from Cashmere Bouquet In order to resolve this discrepancy a request was 27 made of Dr. Lee of RJLG to provide the sample preparations of the Cashmere Bouquet talc products from RJLG for the opportunity to reanalyze those preparations to duplicate their 28 results by another laboratory I was given limited access to the preparations in RJLG's facility 24 DECLARATION OF SEAN FITZGERALD P.G. 1 on their equipment with the caveats that counsel for Palmolive Co. and RJLG personnel would chaperone and oversee the entire visit This site visit to their as an initial visit in May 2013. A second trip was arranged for facility began December 2nd through 5th 2013 supplemental analyses on 101. In those two visits I was thusly able to analyze the TEM preparations of 20 Cashmere Bouquet products prepared by RJLG Many asbestos structures were found in that reanalysis some of which were as were either named by the original analysis as cleavage fragments intergrowths or fibrous talc rather than asbestos Although I agreed with of the asbestos fiber types identified many analyses were incomplete In many other asbestos found on reanalysis was located on areas of the filter were no fibers whatsoevercwaesrees recorded in the original benchsheets or reports In some instances the overall distribution of particulate on the preparations was inhomogeneous which clashed with the of choosing grid openings for the original analysis of basically skipping apparent method other a checkerboard fashion Furthermore the methods named every opening in on the analytical count sheets were not the same as the methods cited by the reports from this laboratory 11 102. Although 16 of the 20 products reviewed were found by the original analyses to 12 contain fibers and 4 of the 20 products reanalyzed were reported by the original analysis as 13 containing amphiboles no asbestos was reported in any of the 20 on original analyses by TEM SEM PLM nor XRD In reanalysis of those same 20 samples by TEM alone 16 of the 14 same preparations as originally analyzed were found to contain asbestiform anthophyllite 6 of 15 them asbestiform tremolite and 2 of them were found to contain chrysotile fibers even though the reanalysis was not in all cases a complete replication of the original analysis due to time 16 constraints or damaged or unsuitable preparations 17 103. Further it is well recognized that XRD is not a useful tool for the detection of low levels of accessory mineral content XRD is useful for determining what mineral phases may constitute the majority of the crystalline material in a sample but it is severely limited in 19 its ability to resolve minerals that constitute less than % of the crystal material overall Further XRD cannot be used to rule out the presence of the forming minerals 20 because the screening for the asbestos minerals by XRD is not capable of detecting such dependably at or below 0.1 by weight a limit that is often pushed by interfering phases to over % As individual tests of talc production often represent much larger lots a talc 22 containing 0.1 asbestos could be tested by XRD and ruled asbestos free If that sample 23 represented only one ton of talc 20 pounds of pure asbestos could be left in the raw material undetected Representative sampling in just such a manner was conducted on at least some of 24 the talc used for Cashmere Bouquet and many lots were deemed acceptable in this manner Some lots were found to contain tremolite detectable by XRD which we see in the record as 25 lots held from shipment further evidence that the forming mineral content was not insignificant - - - - 26 27 104. Although I was not able to analyze or evaluate all the analyses conducted by the RJ Lee Group laboratory of Cashmere Bouquetfiproducts the TEM grids that I reviewed 28 provided as the very preparations of their original analyses of these products consistently 25 DECLARATION OF SEAN FITZGERALD P.G. contained consistent asbestos with the Moreover source ore the particulate observed on those preparations I found geology mineralogy and other evidence relevant to this material This body of evidence including the asbestos found in my reanalysis on their preparations is in significant contrast with the conclusions of the RJ Lee Group that there is no asbestos in this material It is my professional opinion to a reasonable degree of scientific certainty that these products Cashmere Bouquet talc and talcum products manufactured by Colgate as produced in the time periods from which the samples originated contain asbestos The types of asbestos that they contain include asbestiform tremolite and anthophyllite and occasionally chrysotile Interestingly in repeated tests of Cashmere Bouquet by the RJ Lee group all of the forming minerals were found in their analysis as well just not in the asbestiform habit Therefore the presence of the minerals was not in question with RJLG just the presence of asbestos 105. The results of these visits were reported in the aforementioned reviewed IJOEH article titled Asbestos in commercial cosmetic talcum powder as a cause of _ | mesothelioma in women without naming Laboratory D as the RJ Lee Group laboratory It is significant to note that experts from the RJ Lee Group the very laboratory that could not find asbestos in these products have been repeatedly named as experts for Colgate in many if not all cases involving Cashmere Bouquet 13 CONCLUSIONS 14 106. As to the releasability of asbestos repeated testing of these products adds even 15 more evidence that low concentrations of asbestos in materials do not necessarily correlate to low potential for human health risk Examples from recent studies of low asbestos content producing significant airborne concentrations in simulated activity include activity 17 monitoring of asbestos as it naturally occurs in several sites conducted by the EPA and a a 18 ATSDR and vermiculite attic insulation studies These studies have repeatedly proven substantial airborne concentrations derived from materials with fractions of a percent 19 asbestos content Especially when product is in friable state or where the obvious use of material intimates aerosolization of fibers significant airborne concentrations can be expected 20 to be easily generated from such products when asbestos is a constituent which is the case for 21 Cashmere Bouquet talcum powders 22 107. The talc sources for the historic Cashmere Bouquet talcum powders were formed in geologic formations that can and do have asbestos minerals associated with them 23 and asbestos has been confirmed by geologists and associated with those talc ores Like 24 asbestos the talc from these regions was itself formed from amphibole or serpentine minerals Repeated testing over a period of decades of Italian talc from Val Chisone and the talc from 25 the Regal mine in North Carolina and the Willow Creek mine in Montana has identified 26 asbestos including anthophyllite tremolite and chrysotile asbestos in thegeologic formations that characterize these talc deposits The Willow Creek mine in Montana was in fact shut down 27 due to the tremolite asbestos problem in Montana 28 108. The Cashmere Bouquet product used by Ms. Ester Nosse from approximately 1957 until 1985 included asbestos Bulk testing by my laboratory and the laboratories of my authors has 26 DECLARATION OF SEAN FITZGERALD P.G. repeatedly found asbestos in Cashmere Bouquet The results of such testing are consistent with the makeup of the product the ore and the geology of the talc sources used by Colgate Further releasability tests of Cashmere Bouquet have repeatedly found significant concentrations of airborne asbestos including the same three mineral species historically identified namely chrysotile anthophyllite and tremolite asbestos when these historic products were used in a with the testimony of Ms. Ester Nosse manner consistent 5 109. It is therefore my opinion to a reasonable degree of scientific certainty that Ms. Ester Nosse was repeatedly exposed to significant airborne asbestos by her use of Colgate Cashmere 6 Bouquet talcum powders I declare under the penalty of perjury under the laws of I declare under the under the laws of the State of California that the foregoing is true and correct penalty of perjury Executed on May 25th 2016 at Greensboro North Carolina Le SEAN FITZGERALD P.G. <2 20 21 22 23 24 25 26 27 28 27 DECLARATION OF SEAN FITZGERALD P.G. 1 Additional Figures 3 10 11 12 13 Figure 4 4oz Cashmere Bouquet product in test chamber before testing 19 20 21 22 23 24 25 26 27 28 Figure 5 Pouring ofpowder into hands in glovebox 1.5 oz Cashmere Bouquet 28 DECLARATION OF SEAN FITZGERALD P.G. 6 20 21 22 23 24 25 Figur7e high intensity light demonstration of visible dust 26 27 28 29 DECLARATION OF SEAN FITZGERALD P.G. cr 5 1/25/2013 HI 10UKKV TEM Magnification 2,500x 1300866 Tremolite TRG SEAN Lan Une ' um 14 15 16 17 aaa 9/5/20129/5/2012 HT 100KV TEM Magnification 30 000X CB_Air 4b Tremolite 3 18 um 23 ify ee) 1/25/2013 HT 100KV TEMCL m 1300866 Tremolite SAED angle new ZA 24 25 Figure 8 Tremolite asbestos from TEM analysis of releasability air testing of product images EDS and SAED 26 27 28 30 DECLARATION OF SEAN FITZGERALD P.G. 11 12 12 13 13 21 1/24/2013 HT TOKY TEMCL 80cm 1300861-1 AnthophylliteSAED 1/24/2013 1/24/2013 1300861-1 Anthophyllite near ZA 6 degrees cow TEM Camera Langov dom 22 Figure 9 Anthophyllite asbestos from TEM analysis of releasability air testing of product 23 images EDS and SAED 24 25 27 28 31 DECLARATION DECLARATION OF SEAN FITZGERALD P.G. 5 10 1/25/2013 HT 100KV TEM Magnification 25,000x 1300866 Chrysotile Cluster detail 14 15 16 17 18 19 20 21 22 23 1/25/2013 HT 100KV TEM CL 80cm 1300866 Chrysotile 24 25 Fiimgaugree a1n0d SCAhrEysDotile asbestos from TEM analysis of releasability air testing of product 26 27 28 32 DECLARATION OF SEAN FITZGERALD P.G. Figure 11 Tremolite & Anthophyllite 25 || images EDS and SAED . 26 Asbestos from Analyses of RJLG Preparations 27 28 33 DECLARATION OF SEAN FITZGERALDFITZGERALD P.G. 10 11 12 13 Figure Figure 12 1.5oz Cashmere Bouquet talcum powder product received received Simon Panatier Bartlett September 12 12 2014 from Simon Greenstone | | 23 24 25 26 27 28 34 DECLARATION OF SEAN FITZGERALD P.G. Figure 13 6.5oz Cashmere Bouquet talcum powder product receivedfrom Simon Greenstone Panatier Bartlett September 12 2014 18 19 20 21 22 23 Figure 14 PLM optical properties confirmation of tremolite and anthophyllite asbestos 24 presence by dispersion staining and polarized light with and without wave retardation in 1.5oz Cashmere Bouquet talcum powder product received from Simon Greenstone Panatier 25 Bartlett September 12 2014 26 27 28 35 DECLARATION OF SEAN FITZGERALD P.G. Figure 15 PLM optical properties confirmation of tremolite and anthophyllite asbestos presence by dispersion staining and polarized light with and without wave retardation in 6.5oz Cashmere Bouquet talcum powder product received from Simon Greenstone Panatier Bartlett September 12 2014 17 18 19 20 21 22 23 24 25 26 27 20142000FX 20142000FX HT Exposure Time 200 Sec Magnification 2,500x 1417826_CB1 Tremolite 28 Figure 16 TEMphotomicrograph of tremolite asbestos in Cashmere Bouquet talcum powder 36 DECLARATION OF SEAN FITZGERALD P.G. 1 product receivedfrom Simon Greenstone Panatier Bartlett September 12 2014 ute ee, bewee Siti USNR KORE 77777777 > & 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20142000FX 20142000FX HI 100KY Exposure Time 1000 Sec Camera Length 50cm 1417826_CB1 Tremolda 10 20142000FX HP 100KVExposure Time 10.00 Camera Length 80cm 1417826 CO1 Tromotte Zone Avas 23 Figure 17 TEM EDS showing consistent chemistry with tremolite SAED and Zone axes 24 confirming crystalline structure of tremolite asbestos in Cashmere Bouquet talcum powder product receivedfrom Simon Greenstone Panatier Bartlett September 12 2014 25 26 27 28 37 DECLARATION OF SEAN FITZGERALD P.G. 10/10/2014 HT 100KV 1417826_CB2_Anthophyllite TEM Magnification 2,500x 15 10 um 16 Figure 18 TEM photomicrograph of anthophyllite asbestos from Cashmere Bouquet talcum powder product receivedfrom Simon Greenstone Panatier Bartlett September 12 2014 17 18 19 20 21 22 23 TEES 1417628_CB2_Anthophyllite 24 Figure 19 TEM EDS showing consistent chemistry with anthophyllite and SAED confirming 25 crystalline structure of anthophyllite asbestos in Cashmere Bouquet talcum powder product 26 receivedfrom Simon Greenstone Panatier Bartlett September 12 2014 27 28 38 DECLARATION OF SEAN FITZGERALD P.G.