Document yr4wrv4Ynnn7wX2Gdjg4BKpD

PLAINTIFF'S EXHIBIT S 1 .r_ / BOND-419 -r"> i- Jane 20, 1977 To the Consumer Product Safety Commission: RE: Proposed Ben on Asbestos In Speckling Conpounds end Wall Patching Materials As a small manufacturer now in our 95th year, ve have acted in good faith starting a reformulation program In early 1976 vith a goal of converting our entire line to an asbestos frea basis. Many factors enter into such a reformulation program in cluding, from a competitive market standpoint, the importance of providing the con sumer with equal quality and no major price penalty. Our first conversion to a non-asbestos formula was in August of 1976, the second in December of 1976, and as of April 28, 1977, all production of asbestos containing paint sundry products vas discontinued. Although more time for product testing would be desirable, we fully expect and can accept a ban on said use of asbestos in wall patching materials. We suggest, however, that as a product in use for centuries, asbestos is not an "imminent hazard" and recall places an unfair burden on today's manufacturers. We believe that any recal/program would have drastic financial Impact on many small manufacturers, ourselves Included, with no equity for the consumer when compatlng a recent but unused purchase and therefore recallable, to earlier purchases already applied or consumed. Our products have been properly labeled to inform the consumer. On this basis, it is our opinion and we reapectfully request CFSC consideration of a phase out program of, at least, the stock already in commerce and preferably of stocks remaining in manufacturers inventories up to a predetermined deadline-- a procedure similar to that carried out with lead in paint, childproof containers, and similar areas of concern not new to commerce and only now considered a sufficient hazard to be banned. Tour consideration of these facts will be appreciated. Sincerely yours. JKN/zh Julius K. Nemeth President BON -01226 Phone 216 225-3169 INTERNATIONAL BRUNSWICK, OHIO 44212 U. S. A. June 20, 1977 To the Consumer Product Safety Commission: RE: Proposed Ban on Asbestos in Spackling Compounds and Wall ...... Patching Materials V. '/ *: As a small manufacturer now in our 95th year, we have acted in good faith starting a reformulation program in early 1976 with a goal of converting our entire line to an asbestos free basis. Many factors enter into such a reformulation program in cluding, from a competitive market standpoint, the importance of providing the con sumer with equal quality and no major price penalty. Our first conversion to a non-asbestos formula was in August of 1976, the second in December of 1976, and as of April 28, 1977, all production of asbestos containing paint sundry products was discontinued. Although more time for product testing would be desirable, we fully expect and can accept a ban on said use of asbestos in wall patching materials. We suggest, however,: that'as a product in use for centuries, asbestos is not an "imminent hazard" and recall places an unfair burden on today's manufacturers. We believe that any recall;' program would have drastic financial impact on many small manufacturers, ourselves included, with no equity for the consumer.when compating a recent but unused purchase and therefore recallable, to earlier purchases already applied or consumed. Our products have been properly labeled to inform the consumer. f On this basis, it is our opinion and we respectfully request CPSC consideration of a phase out program'of, at least, the stock already in commerce and preferably of stocks remaining in manufacturers inventories up to ,a predetermined deadline-- a procedure similar to that carried out with~lead in paint, childproof containers, and similar areas- of concern not new to commerce and only now considered a sufficient hazard to be banned. Your consideration of these facts will be appreciated. Sincerely yours. JKN/zh rf&i -: . 1 5T LC JIS .-ONfREAl. 'N O TOM.s RIVER N J BON-01227