Chemical,
Plastics Makers Awarded Victory in Highly Publicised .Blue Vinyl.
Lawsuit
The Superior Court of Delaware has found no basis for conspiracy charges
related to vinyl plastic manufacturing brought against the American
Chemistry Council (ACC) and more than 30 other industry defendants.
The Court granted the defendants’ motion for summary judgment,
which was unopposed by the plaintiff, thereby vindicating ACC in the
high profile case, according to court papers made public following
the decision. The American Chemistry Council represents America’s
leading companies engaged in the business of chemistry. The plaintiff,
Lori Anne Sanzone, brought the suit in 2000 and achieved notoriety
when she appeared in the documentary film, “Blue Vinyl,”
alleging health effects caused by manufacturing products from poly
vinyl chloride (commonly referred to as PVC). The film by Judith Helfand
and Daniel Gold, which was screened at the 2002 Sundance Film Festival
and aired numerous times on HBO and in communities across the country,
features emotional scenes of Sanzone connecting a serious illness
to a job she held briefly more than two decades earlier.
Sanzone asserted that she contracted angiosarcoma, a rare form of
liver cancer, after working seven days in 1978 at a Florida pipe-making
plant that used PVC. She sued ACC and 30 other entities that were
either suppliers or simply involved in the industry during the past
half-century. Organizations that had never supplied poly vinyl chloride
materials were named because they “allegedly participated in
a supposedly enormous and far-reaching conspiracy to injure plaintiff,”
according to one court documents. Sanzone’s claims proved false.
Sanzone did not suffer from angiosarcoma, but from epithelioid hemangioendothelioma
(EHE), a disease whose only known medical link is to birth control
pills. Sanzone continued to press the lawsuit despite the fact that
her own physicians would not testify that she had contracted angiosarcoma.
As the suit progressed, the plaintiff’s lawyers failed to produce
witnesses on her behalf. In the end, there was no evidence of any
misconduct by the industry. “We wish Ms. Sanzone the best and
hope for her full recovery,” said Don Evans, Senior Counsel for
the American Chemistry Council. “At the same time, we are pleased
the court recognized that vinyl chloride played no role in the illness
she contracted or the claims that she brought.” “We are
very gratified by the outcome of this case, especially considering
the notoriety this suit received with the release of the film ‘Blue
Vinyl’,” Evans continued. “This is a major blow to
those who would try to file unjustified lawsuits.” The lead attorney
on the case was Timothy Caughlin with the law firm Thompson Hine LLP,
which has been successful in other vinyl chloride cases in California,
Maryland and Illinois. Thompson Hine LLP currently is working on numerous
related suits.
The American Chemistry Council (ACC) represents the leading companies
engaged in the business of chemistry.
ACC members apply the science of chemistry to make innovative products
and services that make people’s lives better, healthier and safer.
ACC is committed to improved environmental, health and safety performance
through Responsible Care, common sense advocacy designed to address
major public policy issues, and health and environmental research
and product testing. The business of chemistry is a $460 billion enterprise
and a key element of the nation’s economy. It is the nation’s
largest exporter, accounting for ten cents out of every dollar in
U.S. exports. Chemistry companies invest more in research and development
than any other business sector. Safety and security have always been
primary concerns of ACC members, and they have intensified their efforts,
working closely with government agencies to improve security and to
defend against any threat to the nation’s critical infrastructure.
Reproduced from ENVIS, ICPE, Vol-2, Issue-2. (Source: American Chemistry
Council)
PET Bottles are Safe for Reuse
Most convenience-size beverage bottles are made
from polyethylene tereph thalate (PET). The FDA has determined that
PET meets standards for food-contact materials established by federal
regulations and therefore permits the use of PET in food and beverage
packaging for both single use and repeated use. FDA has evaluated
test data that stimulate long-term storage and that support repeated
use.
The toxicological properties of PET and any compounds that might migrate
under test conditions have also been well studied. The results of
these tests demonstrate that PET is safe for its intended uses. FDA
allows PET to be used in food-contact applications, including food
and beverage packaging, regardless of whether the packaging is intended
for single or repeated use. PET beverage bottles sold are designed
for single use for economic and cultural reasons, not because of any
safety concerns with PET. In fact, refillable bottles made with the
same PET resin as single-use bottles are safely reused in a number
of other countries. The only difference is that refillable bottles
have thicker sidewalls to enable them to withstand the mechanical
forces involved with industrial collection and commercial cleaning
and refilling operations. Reproduced from ENVIS, ICPE, Vol-2, Issue-3.
(Source:www.plasticsinfo.org/beveragebottles/faq.html)
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