Document ymEwgmE6qYbaB9X1BoQoE81X

FILE NAME: Warning Labels (WL) DATE: 1939 July 18 DOC#: WL101 DOCUMENT DESCRIPTION: NPCA Labeling and Selling Dangerous Products A p p en d ix A ^ckiimtal ^?<rnif, Jfannsj auir JCarqitei* (Association O ^ F IC tR S ' esio c n t-- c a n u t T. T m ss. W ism .rroa t 2201 V IC rfftU fO C N T-- fHAMK L. S tlU lU C C * . C aiU M T A E A S U A I -- . * . MA T L A C K . P N llA A tL ra t A S iC A E T L A T -- A CU EL W. ELTO N . W tIN iasTO * C C L N S E L -- M. O. M A CD O N A LD . W l i a i a a T a i NCOUPOWATED NEW YORK AVE. N.W ., W ASHINGTON. OFFICE OF THE PRESIDENT July 18, 1939 D. C. TO CL.;S3 A i-'L-oERS : CONTIDZNTIAL Mot for Publication REGIONAL VICE PSL; :cs:j mcv cwcljui-- witteu.lit.^r.:r*> t i S T t l - ~ . N. LIT T C . c v r : m S O U T H C i a -----c. F K ( L L T L C L r J v i L L C C l * T L -- I L t O C P:t. C - . : * C O * I S T * -- * . p p t 7r j J am t t4 ; $:3 DIVISIONAL VIC*F : : : INT M O L t f A L C O I V ' I ' O H -- L . A. * c * u I Tcxic ~.=t2 rials with their ever-present problems require our conscientious ecr.-aeration of the fundeuaental principles involved. Tine `.'Eticr.al Paint, V a r n is h and Lacquer Association is keenly interested in providing Class A .members with as much information on this subject as is practicable at this tire. This in formation being confidential is not intended for general, publication, - it is# being sent only to the Class A group. Please respect this confidence. The vital factor concerning toxic ..laterials is to intelligently safeguard the public. People nay feel safer in buying materials whose danger they know rather than materials unknown to them. We trust the several phases presented herein will be of some benefit to members in applying every precautionary measure in .manufacturing, in selling and in use where toxic materials are like-ly to or ao enter a product. . Toxics and their effects is a subject very broad in scope and can only briefly be treated in this message, ` Children's toys, equipment, furniture, etc. ar& not the only consideration. Toxics - ..bay compounds used in paints or lacquers may have harmful effects i f carelessly handled. . Toxic materials may enter the hody through the lungs in the form of dust, r;u;t, vapors, or gases, through the skin, or through the mouth and stomach, i.'.r.tcriai inhaled into the nose Jid mouth can dissolve in the saliva one be swallowed. Irritant materials may also hove a direct action upon tno skin and the mucous membranes of the. eyes,nose, mouth,and throat. It must be remembered that all people do not react in tha same way when exposed to chemicals. Some may be quite seriously affected by quantities which ere harmless tc others. Hence, it follows that any one using print and allied prod ucts should provide adequate ventilation and should observe ordinary sanitary measures such as the washing of the hands and face before eating and keeping the clothes clean. Dirty work clothes, including sho<.s, can be an important source of skin absorption. Some of the ingredients of prints mention because of their specific displace pert of the air or cause or system. end aiiied products might receive special effects, rather than because they merely slight discomfort if taken into the stomach /\ The following pigments muy be considered as toxic if they find their way into ^ stomach. The :mount tolerated by the body varies with the pigment. O npca.max / -2 - there is much evidence to iudicato that it is a toxic uetorial.) xar.y cases of suspected antimony poisoning have been traced to the accompanying lc.-.d. /.raenic Cor,pounds. Paris groan or other compounds containing arsenic. C-o'-'.unii:. C-cxium s u l f i d e s and S c l a n i J e s are toxic, but b e l o n g t o the ;oor used p ig m e n ts. fhr -u.viz. Chro.~o.tas of nil types are understood to be rel_tiocly toxic. Cl.rorj.aT. oxides ore relatively non-toxic. U-.a Comounas. Write lend, red lead, litnnrge, lead chromates (chror.e yeilc-A', chrome green), or other lead pigments. Mercury. Had and yellow oxides of mercury or other products containing r.er^ury. - Liquids - Alcohols. The toxicity of methyl alcohol i s very r/eil a t o vti. m lacquers, the other alcohols are relatively harmless. a s used J-c-n.uo i. Trie is probably thr. most dangerous cf all commercial solvents, but its use ir. our industry is probably restricted to certain ^ i c t ana veini sh recovers. Chlorinated Hydrocarbons. Carbon tetrachloride, trich.lor ethylene, twtrr.ciilorothane, uthyle.ie uicliloride, and similar chlorinated ali phatic hydrocarbons are said to be very' d uigerous tonics* Chlcrxuted roa..tic hyuroc .rbor.a ;ro o~id to be leer toxic th a the correr> onuj...g yurocarbon ituoif, out some chlorinated r.roa tics are frequently tne source of :'kin troubles. Laccuer Solvents. There is seme evidence that the acetates-- ethyl, butyl und amyl-- ere more cr less toxic. Acetone -nd tni ether ketones are relatively hrrmless. Mc^t other solvents used to a lesser extent are either harmless in them selves, are used in such relatively smell amounts, or arc sc sicsly evaporating that they present no hazard. Methyl Alcohol. The use of this product should be avoided. It is definitely poisonous. Solvent Nr.phth/i. This is also relatively non-tcxic as compared tc benzol, and probably less toxic than toluol nd xylol. Tuiucl and Xylol. In equal concentrations, these are saiu to be acre ( toxic than benzol, but because they are less volatile the actual V hazard is usually less. 1 NCA 0 029b2 npca.max . \ ^ < Trtcresvl Phosphates. The para- and raetc-tricresyl phosphates which are used as plasticizers are non-toxic. Orthc-tricresyl phosphate, on the other hard, ie. a violent poison. Turpentine and Mineral Spirits. These products are relatively non-toxic but are still listed in works on toxicology as causing eczema and irri tation of the skin and raucous membranes. Some people exposed to the fumes are subject to internal disorders when breathing substantial amounts of turpentine. Mineral spirits is less toxic than turpentine. Other plasticisers. Very little is known regarding the toxicity of other crnmon so-called cheaical plasticizers, but the hazard from volatility or dust is, of course, snail. The nain consideration, whenever paint products are used, is constant repetition to the paint consumer of the necessity of employing adequate ventilation and maintaining personal hygiene. Printed Matter - Color cards and advertising literature should not in clude any reference by the use of words or sketches to indicate or, rc-ccranend a product for children's toys, equipment, furniture, etc., unless it is absolutely free froa toxic antcrials. Non-Foiscnous Colors - It is generally conceded there is relatively little danger of toxic effect froa paints on toys and nursery furniture, as both, the paint manufacturer and the toy manufacturer are familiar with the types of non-poisenous pigments to use. Nevertheless, the individual cocpany should constantly guard against using any toxic material, especially lead compounds, in products for finishing children's toys, etc. Note: (See page #7 of "Odds and Ends", a special circular of the Scientific Section National Paint, Varnish and Lacquer Association, issued August 1938.) Crown-ups are exposed to some hazards as in the case of children. Tprefore products for finishing pencils, and other articles that raay be placed in the mouth, through habit, require the use of toxic-free oaterials. Labeling - No definite procedure is recommended for labeling. Labeling is serious since it becomes a public matter with the question as to what would result if this were done. Each manufacturer can abiy cope with the toxic material situation by constantly safeguarding the public through the prod ucts he manufactures and by the repetition of instructions to salesmen, service men and others who can intelligently instruct the consumer of the advantages of providing adequate ventilation and of maintaining personal hygiene. General - The statement of legal principles listed below was prepared for and distributed by the Manufacturing Chemists' Association for the guidance of its members concerned nith labeling problems, and is supported by decisions of the courts. Although the principles set forth are not entirely the result of litigation involving material used by members of our industry they are nevertheless generally applicable to situations arising from the uso of harmful substances. N C A 0 02503 npca.max Manufacturing Chemists' Association Legal Principles 1. A manufacturer who puts out c dangerous article or substance without accompanying- it with u warning ( i t to its d a r g s r o u s prupi-tiss is o r d i narily liable for any damage which results from such failure tc warn. 2. A manufacturer or dealer who erroneously labels a dangerous drug with the name of a harmless substance is liable for any injury which nay be caused thereby. 3. Failure tc comply with a statute, e.g., with respect tc labeling poisons, is usually held tc be negligence par se or at least evidence of negligence. L. The name of the product alone may be sufficient warning, if its na ture is very widely knewn or its sale is restricted to those who arc prasvjoed tc know its nature, but even in such cases the advisability of a specific warning is indicated. 5. Technical accuracy may not be sufficient protection for the manufac turer if ha uss words which may give the purchaser the impression that his product is not /hat it actually is. 6. A nonwnrranty of results is net a warning against possible dangerous results. 7. The consumer is entitled to rely on positive representations or di rections uppeoring on the label unless hs knows them to be incorrect. 8. The manufacturer is ordinarily not liable if his product is put tc a use for which it is not intended and an injury results which could net reasonably have been foreseen. I-t is often difficult, however, to knew whether a particular result should have been foreseen, and the courts are apt to differ on this peint. 9. The manufacturer or one who holds himself out tc be the manufacturer must know the qualities of his product and he cannot escape liability on the ground that he did not know it to be dangerous. 10. The general rule that a. manufacturer is not liable to those not in privity of contract with him dooa not apply when his product is immi nently or inherently dangerous. Conclusion - Ke grant that this is a very broad subject, and doubt if a ccncis: set of rules can be established. nevertheless, it may be said that our members can meet their individual problems in safeguarding the public, including of course our own factory employees, by their sincere effort in taking advantage of every possible precaution in the use of toxic materials in manufacturing, selling and in use* Such precautions plus constant repetition of intelligent instructions will, it is believed, securo the best resul] ETTrme a Q23-04 npca.max