- Email: [email protected]
Pollution damages awarded against Continental Carbon
F O C US
HEALTH & SAFETY Quinacridone pigments and D&C Black No 2 granted FDA approvals The US Food & Drug Administration (FDA) has approved the use of certain pigments based on quinacridone (Pigment Red 122) at dosages up to 1% for food-contact applications, where the food contents contain water or acids, but less than 15% alcohol. Pigments of this type include Clariant’s PV-Fast Pink E and PV-Fast Pink E-01 and Ciba’s Cromphtal Pink PT. The FDA has also approved – subject to batch certification – the use of D&C Black No 2, which is a highpurity furnace-type carbon black in most types of cosmetics, notably eyeliner, brush-on-brow, eye-shadow, mascara and nail enamels. The application was originally filed by the Cosmetic, Toiletry & Fragrance Association on behalf of a number of suppliers. Federal Register, 25 Aug 2004, 69 (164), 5216952170 (Website: http://www.gpoaccess.gov/fr/advanced.html)
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LEGISLATION Ultramarine exempted from pesticides law The Federal Environmental Protection Agency (EPA) regulates the composition of pesticides, with a view to preventing the build-up of potential toxic residues in the environment which could have a detrimental effect on public health. Ultramarine is quite often used in pesticide product formulations, its sole purpose being as a distinctive inert colouring ingredient. Under the Food Quality Protection Act of 1996 (FQPA), the EPA was required to establish a maximum permissible level for every ingredient contained in pesticide residues. However, Holliday Pigments (the world’s leading supplier of ultramarine) successfully petitioned for an exemption from this requirement, so now there is no upper limit on the amount of ultramarine that could be used in manufacturing pesticides. Federal Register, 26 May 2004, 69 (102), 2989029894 (Website: http://www.gpoaccess.gov/fr/advanced.html)
LITIGATION FDA warns of side-effects of using Premier Pigment ink for tattooing lips & eyes The FDA has issued a public warning that it is investigating side-effects, some of which may be serious, apparently associated with a popular brand of “permanent make-up ink” that is used for cosmetic-style tattooing of human lips and eyes. The FDA has received reports of more than 50 adverse reactions to certain shades of Premier Pigment ink, supplied nationwide by the American Institute of Intradermal Cosmetics (of Arlington, Texas). Alleged side-effects include blistering, swelling, cracking and peeling skin around the lips and eyes, which in some cases caused serious disfigurement and difficulty in eating and talking. Press release from: US Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, USA, Tel: +1 888 463 6332, Website: http://www.fda.gov (3 Jul 2004)
SEPTEMBER 2004
Lead paintmakers win again in Milwaukee More than 100 lawsuits have been filed in the United States over the past 15 years, seeking health-related damages from former manufacturers of lead pigment or lead paint. The history of some of the most prominent cases was reviewed in ‘Focus on Pigments’, Oct 2001, 1-4. The paint and pigment industry’s 100% record in defending itself against these types of lawsuit was sustained with the recent verdict recently handed down by the State Court of Appeals in Milwaukee, which included the statement: “Former producers and sellers of lead paint are not legally liable for neurological disorders that develop in children who have ingested the product.” The original case had been filed on behalf of a 14-year-old boy, living at different times in two separate rented properties where the paint on the walls had been allowed to
deteriorate to such an extent that it was flaking and peeling, with the result that lead ended up in the house-dust ingested by the child. The Appeals Court decided that the child had already received compensation for his injuries via settlements with the owners of the properties rented by his family. The Appeals Court also rejected claims that the producers had conspired to withhold data from the general public about the hazards of lead paint. The Court further noted that the plaintiff did not offer any evidence that “lead pigment was negligently made, or was dangerously defective if the paint it pigmented was applied and maintained properly.” The next major Court hearing on the horizon relates to the case filed by the Attorney General of Rhode Island, seeking to recoup the costs of a healthcare programme started in October 2000, entailing screening children and adults for lead poisoning, and the costs of a programme of stripping old lead-based coatings from public and private residential properties. The named defendants are: Sherwin-Williams, Atlantic Richfield, NL Industries, American Cyanamid, Cytec Industries, DuPont, ConAgra and Millennium Chemicals. The hearing was deferred earlier this year and should now take place in April 2005. Chemical Week, 23 Jun 2004, 166 (21) & Lead Lawsuits, 26 Aug 2004, (Website: http://www.leadlawsuits.com)
Pollution damages awarded against Continental Carbon Continental Carbon is one of the five major carbon black producers in the US. The company owns three carbon black plants – Sunray (Texas), Ponca City (Oklahoma) and Phoenix (Arizona) – and it is controlled by China Synthetic Rubber (CSR) and Taiwan Cement Corp. Poor labour relations, alleged environmental malpractices and product liability claims have kept lawyers acting on behalf of Continental Carbon quite busy over the past three years or so. (See also ‘Focus on Pigments’, Aug 2003, 6-7 & Apr 2004, 7). According to the Paper, AlliedIndustrial, Chemical & Energy Workers International Union (PACE), 86 workers have been locked-out of
5
F O C US the Ponca City plant onwards from April 2001 after refusing to accept wages and benefits cuts worth $15,000-20,000 per person. PACE alleges that the “locked-out workers were replaced by a low-cost itinerant workforce, with little or no experience in operating a highly sophisticated carbon black plant, where quality assurance must be high.” The dispute at Ponca City continues, but last October PACE and Continental Carbon signed a new five-year agreement on pay and conditions at the Phoenix plant. They also signed a new six-year agreement in July 2004 for the Sunray plant workforce. In mid-June 2004, five members belonging to PACE and the Taiwan Confederation of Trade Unions went on a seven-day hunger strike to draw attention to the situation at Ponca City and to demand pay and conditions similar to those enjoyed by workers at the Sunray carbon black plant. Defective carbon black can cause tread separation in automotive tyres and PACE has been actively campaigning to make tyre manufacturers and dealers aware of the product quality risks that may apply to carbon black sourced from Ponca City. Goodyear had to temporarily shut down its largest tyre factory because of carbon black quality problems and Goodyear subsequently severed its business relationship with Continental Carbon. Cooper Tire has informed PACE by letter that is “no longer receiving carbon black from Continental Carbon’s Ponca City facility.” PACE has also actively campaigned in support of pollution lawsuits filed against Continental Carbon. On 25 August 2004, a US Federal Court awarded damages of more than $20 M against the company in respect of a lawsuit originally filed in August 2001. The City of Columbus (Georgia) was the main plaintiff, claiming that airborne carbon black particles and gaseous emissions from the Phoenix plant wafting across the Chattahoochee River to the city of Columbus had caused substantial damages to property owned by individuals and businesses there. Continental Carbon will be obliged to pay $1.9 M in compensatory damages, $17.5 M in punitive damages and $1.3 M to cover the plaintiffs’ legal fees. The company
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plans to appeal against the ruling. Apparently, there are several other lawsuits still in progress, alleging environmental malpractice at one or other of the company’s three carbon black plants. Rubber and Plastics News, 26 Jul 2004, 33 (26), 4 & 6 Sep 2004, 34 (3), 3 & Rubber and Plastics News II 30 Aug 2004, 25 (21), 1
Kemin versus PIVEG on purified lutein After a hearing which commenced on 13 September 2004, the US District Court for the Southern District of Iowa upheld the claim by Kemin Foods that Pigmentos Vegetales del Centro (PIVEG, of Mexico) had violated US Patent No 5648564 awarded to Kemin in respect of the process for manufacturing purified lutein. PIVEG was ordered to pay unspecified monetary damages to Kemin. Press Release from: Kemin Foods, 2100 Maury Street, Box 70, Des Moines, IA 50301-0070, USA, Website: http://www.kemin.com (24 Sep 2004)
MTI versus Omya on acid-stabilised CaCO3 A patent dispute has erupted between the world’s two largest suppliers of calcium carbonate pigments. Mineral Technologies Inc (MTI) has filed a suit against the Omya group in the US District Court in New York, alleging infringement of two patents relating to the manufacture of acid-stabilised calcium carbonate and to its use in papermaking. Chemical Market Reporter, 5/12 Jul 2004, (Website: http://www.chemicalmarketreporter.com)
TECHNOLOGY Clariant’s Remafin colorants for medical plastics Clariant Masterbatches has launched a new Remafin range of 16 different colorants suitable for use in various types of plastic medical products including packaging and disposable medical devices, as well as equipment intended for reuse after sterilisation by autoclaving. The Remafin products have been tested for compliance with USP Class VI standards for plastic colorants. Rubber and Plastics News, 6 Sep 2004, 34 (3), 19
DuPont’s new TiO2 grade for decorative laminates DuPont has introduced R-796, a new grade of TiO2 pigment designed especially for use in making decor paper, the base stock for decorative laminates. According to DuPont, the world currently produces about 8 bn square metres of decor paper per annum, of which Europe accounts for an estimated 54%. Consumption is growing faster than GDP in most markets within Europe, North America and Asia/Pacific. DuPont’s R-796 provides the decor papermaker with more colour flexibility in neutrals to bluish whites, combined with excellent resistance to ultra-violet radiation and sunlight. DuPont Magazine, Sep 2004, (3), 8-10 (Available from: Du Pont, 2 chemin du Pavilion, PO Box 50, CH1218 Grand Saconnex, Geneva, Switzerland)
Eckart’s non-leafing aluminium pigments Eckart America LP has rolled out four new grades in its SDF series of nonleafing aluminium pigments. Designated fine, medium, mediumcoarse and coarse, the four grades have average particle sizes varying from 10 to 35 microns. They are recommended as ideal for decorative, solvent-based aluminium coating compositions, providing bright and distinctive and visual effects. Paint & Coatings Industry (PCI), Mar 2004, 20 (3), 79
Engelhard’s white lustre pigments Engelhard’s Cyclo range of white lustre pigments comprises: Cyclo SuperPearl 1103-PC, Cyclo FinePearl 2103-PC and Cyclo SatinWhite 3103-PC. They impart flexibility and styling options in powder coating applications, overcoming the tendency of pearlescent pigments to create build-up at the tip of the paint spraygun. All three products can also be easily mixed into paint formulations by dry blending under normal conditions. PPCJ, Polymers, Paint, Colour Journal, Sep 2004, 194 (4480), 47
Goldschmidt’s dispersant for masterbatches Goldschmidt Industrial Specialities (part of the Degussa group) has
SEPTEMBER 2004
HEALTH & SAFETY Quinacridone pigments and D&C Black No 2 granted FDA approvals The US Food & Drug Administration (FDA) has approved the use of certain pigments based on quinacridone (Pigment Red 122) at dosages up to 1% for food-contact applications, where the food contents contain water or acids, but less than 15% alcohol. Pigments of this type include Clariant’s PV-Fast Pink E and PV-Fast Pink E-01 and Ciba’s Cromphtal Pink PT. The FDA has also approved – subject to batch certification – the use of D&C Black No 2, which is a highpurity furnace-type carbon black in most types of cosmetics, notably eyeliner, brush-on-brow, eye-shadow, mascara and nail enamels. The application was originally filed by the Cosmetic, Toiletry & Fragrance Association on behalf of a number of suppliers. Federal Register, 25 Aug 2004, 69 (164), 5216952170 (Website: http://www.gpoaccess.gov/fr/advanced.html)
O N
PIGMENTS
LEGISLATION Ultramarine exempted from pesticides law The Federal Environmental Protection Agency (EPA) regulates the composition of pesticides, with a view to preventing the build-up of potential toxic residues in the environment which could have a detrimental effect on public health. Ultramarine is quite often used in pesticide product formulations, its sole purpose being as a distinctive inert colouring ingredient. Under the Food Quality Protection Act of 1996 (FQPA), the EPA was required to establish a maximum permissible level for every ingredient contained in pesticide residues. However, Holliday Pigments (the world’s leading supplier of ultramarine) successfully petitioned for an exemption from this requirement, so now there is no upper limit on the amount of ultramarine that could be used in manufacturing pesticides. Federal Register, 26 May 2004, 69 (102), 2989029894 (Website: http://www.gpoaccess.gov/fr/advanced.html)
LITIGATION FDA warns of side-effects of using Premier Pigment ink for tattooing lips & eyes The FDA has issued a public warning that it is investigating side-effects, some of which may be serious, apparently associated with a popular brand of “permanent make-up ink” that is used for cosmetic-style tattooing of human lips and eyes. The FDA has received reports of more than 50 adverse reactions to certain shades of Premier Pigment ink, supplied nationwide by the American Institute of Intradermal Cosmetics (of Arlington, Texas). Alleged side-effects include blistering, swelling, cracking and peeling skin around the lips and eyes, which in some cases caused serious disfigurement and difficulty in eating and talking. Press release from: US Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, USA, Tel: +1 888 463 6332, Website: http://www.fda.gov (3 Jul 2004)
SEPTEMBER 2004
Lead paintmakers win again in Milwaukee More than 100 lawsuits have been filed in the United States over the past 15 years, seeking health-related damages from former manufacturers of lead pigment or lead paint. The history of some of the most prominent cases was reviewed in ‘Focus on Pigments’, Oct 2001, 1-4. The paint and pigment industry’s 100% record in defending itself against these types of lawsuit was sustained with the recent verdict recently handed down by the State Court of Appeals in Milwaukee, which included the statement: “Former producers and sellers of lead paint are not legally liable for neurological disorders that develop in children who have ingested the product.” The original case had been filed on behalf of a 14-year-old boy, living at different times in two separate rented properties where the paint on the walls had been allowed to
deteriorate to such an extent that it was flaking and peeling, with the result that lead ended up in the house-dust ingested by the child. The Appeals Court decided that the child had already received compensation for his injuries via settlements with the owners of the properties rented by his family. The Appeals Court also rejected claims that the producers had conspired to withhold data from the general public about the hazards of lead paint. The Court further noted that the plaintiff did not offer any evidence that “lead pigment was negligently made, or was dangerously defective if the paint it pigmented was applied and maintained properly.” The next major Court hearing on the horizon relates to the case filed by the Attorney General of Rhode Island, seeking to recoup the costs of a healthcare programme started in October 2000, entailing screening children and adults for lead poisoning, and the costs of a programme of stripping old lead-based coatings from public and private residential properties. The named defendants are: Sherwin-Williams, Atlantic Richfield, NL Industries, American Cyanamid, Cytec Industries, DuPont, ConAgra and Millennium Chemicals. The hearing was deferred earlier this year and should now take place in April 2005. Chemical Week, 23 Jun 2004, 166 (21) & Lead Lawsuits, 26 Aug 2004, (Website: http://www.leadlawsuits.com)
Pollution damages awarded against Continental Carbon Continental Carbon is one of the five major carbon black producers in the US. The company owns three carbon black plants – Sunray (Texas), Ponca City (Oklahoma) and Phoenix (Arizona) – and it is controlled by China Synthetic Rubber (CSR) and Taiwan Cement Corp. Poor labour relations, alleged environmental malpractices and product liability claims have kept lawyers acting on behalf of Continental Carbon quite busy over the past three years or so. (See also ‘Focus on Pigments’, Aug 2003, 6-7 & Apr 2004, 7). According to the Paper, AlliedIndustrial, Chemical & Energy Workers International Union (PACE), 86 workers have been locked-out of
5
F O C US the Ponca City plant onwards from April 2001 after refusing to accept wages and benefits cuts worth $15,000-20,000 per person. PACE alleges that the “locked-out workers were replaced by a low-cost itinerant workforce, with little or no experience in operating a highly sophisticated carbon black plant, where quality assurance must be high.” The dispute at Ponca City continues, but last October PACE and Continental Carbon signed a new five-year agreement on pay and conditions at the Phoenix plant. They also signed a new six-year agreement in July 2004 for the Sunray plant workforce. In mid-June 2004, five members belonging to PACE and the Taiwan Confederation of Trade Unions went on a seven-day hunger strike to draw attention to the situation at Ponca City and to demand pay and conditions similar to those enjoyed by workers at the Sunray carbon black plant. Defective carbon black can cause tread separation in automotive tyres and PACE has been actively campaigning to make tyre manufacturers and dealers aware of the product quality risks that may apply to carbon black sourced from Ponca City. Goodyear had to temporarily shut down its largest tyre factory because of carbon black quality problems and Goodyear subsequently severed its business relationship with Continental Carbon. Cooper Tire has informed PACE by letter that is “no longer receiving carbon black from Continental Carbon’s Ponca City facility.” PACE has also actively campaigned in support of pollution lawsuits filed against Continental Carbon. On 25 August 2004, a US Federal Court awarded damages of more than $20 M against the company in respect of a lawsuit originally filed in August 2001. The City of Columbus (Georgia) was the main plaintiff, claiming that airborne carbon black particles and gaseous emissions from the Phoenix plant wafting across the Chattahoochee River to the city of Columbus had caused substantial damages to property owned by individuals and businesses there. Continental Carbon will be obliged to pay $1.9 M in compensatory damages, $17.5 M in punitive damages and $1.3 M to cover the plaintiffs’ legal fees. The company
6
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plans to appeal against the ruling. Apparently, there are several other lawsuits still in progress, alleging environmental malpractice at one or other of the company’s three carbon black plants. Rubber and Plastics News, 26 Jul 2004, 33 (26), 4 & 6 Sep 2004, 34 (3), 3 & Rubber and Plastics News II 30 Aug 2004, 25 (21), 1
Kemin versus PIVEG on purified lutein After a hearing which commenced on 13 September 2004, the US District Court for the Southern District of Iowa upheld the claim by Kemin Foods that Pigmentos Vegetales del Centro (PIVEG, of Mexico) had violated US Patent No 5648564 awarded to Kemin in respect of the process for manufacturing purified lutein. PIVEG was ordered to pay unspecified monetary damages to Kemin. Press Release from: Kemin Foods, 2100 Maury Street, Box 70, Des Moines, IA 50301-0070, USA, Website: http://www.kemin.com (24 Sep 2004)
MTI versus Omya on acid-stabilised CaCO3 A patent dispute has erupted between the world’s two largest suppliers of calcium carbonate pigments. Mineral Technologies Inc (MTI) has filed a suit against the Omya group in the US District Court in New York, alleging infringement of two patents relating to the manufacture of acid-stabilised calcium carbonate and to its use in papermaking. Chemical Market Reporter, 5/12 Jul 2004, (Website: http://www.chemicalmarketreporter.com)
TECHNOLOGY Clariant’s Remafin colorants for medical plastics Clariant Masterbatches has launched a new Remafin range of 16 different colorants suitable for use in various types of plastic medical products including packaging and disposable medical devices, as well as equipment intended for reuse after sterilisation by autoclaving. The Remafin products have been tested for compliance with USP Class VI standards for plastic colorants. Rubber and Plastics News, 6 Sep 2004, 34 (3), 19
DuPont’s new TiO2 grade for decorative laminates DuPont has introduced R-796, a new grade of TiO2 pigment designed especially for use in making decor paper, the base stock for decorative laminates. According to DuPont, the world currently produces about 8 bn square metres of decor paper per annum, of which Europe accounts for an estimated 54%. Consumption is growing faster than GDP in most markets within Europe, North America and Asia/Pacific. DuPont’s R-796 provides the decor papermaker with more colour flexibility in neutrals to bluish whites, combined with excellent resistance to ultra-violet radiation and sunlight. DuPont Magazine, Sep 2004, (3), 8-10 (Available from: Du Pont, 2 chemin du Pavilion, PO Box 50, CH1218 Grand Saconnex, Geneva, Switzerland)
Eckart’s non-leafing aluminium pigments Eckart America LP has rolled out four new grades in its SDF series of nonleafing aluminium pigments. Designated fine, medium, mediumcoarse and coarse, the four grades have average particle sizes varying from 10 to 35 microns. They are recommended as ideal for decorative, solvent-based aluminium coating compositions, providing bright and distinctive and visual effects. Paint & Coatings Industry (PCI), Mar 2004, 20 (3), 79
Engelhard’s white lustre pigments Engelhard’s Cyclo range of white lustre pigments comprises: Cyclo SuperPearl 1103-PC, Cyclo FinePearl 2103-PC and Cyclo SatinWhite 3103-PC. They impart flexibility and styling options in powder coating applications, overcoming the tendency of pearlescent pigments to create build-up at the tip of the paint spraygun. All three products can also be easily mixed into paint formulations by dry blending under normal conditions. PPCJ, Polymers, Paint, Colour Journal, Sep 2004, 194 (4480), 47
Goldschmidt’s dispersant for masterbatches Goldschmidt Industrial Specialities (part of the Degussa group) has
SEPTEMBER 2004