On December 10, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Patsy Young,
and
Aventis Inc.,
Avon Products, Inc.,
Block Drug Company, Inc.,
Block Drug Corporation,
Brenntag North America, Inc.,
Brenntag Specialties, Inc. F K A Mineral Pigment Solutions, Inc.,
Charles B. Chrystal Company, Inc.,
Chattem, Inc.,
Colgate-Palmolive Company,
Cyprus Amax Minerals Company,
Cyprus Mines Corporation,
Glaxosmithkline Llc (Sued Individually And As Successor-In-Interest To Block Drug Corporation, Successor-In-Interest To The Gold Bond Sterilizing Powder Company A K A The Gold Bond Company And As A Successor-In-Interest To Novartis Corporation And
Novartis Consumer Health Inc.),
Gsk Consumer Health, Inc. F K A Novartis Consumer Health Inc. F K A Ciba Self-Medication, Inc.,
Insight Pharmaceuticals Corporation, A Subsidiary Of Prestige Brands Holdings, Inc.,
Insight Pharmaceuticals Llc,
Macy'S Inc. F K A Federated Department Stores, Inc.,
Novartis Pharmaceuticals Corporation,
Prestige Brands Holdings, Inc.,
Prestige Consumer Healthcare Inc. F K A Prestige Brands, Inc.,
Sanofi-Aventis U.S. Llc,
Sanofi Us Services, Inc.,
Whittaker Clark & Daniels, Inc.,
for Torts - Asbestos
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
EXHIBIT 16
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
MASTER EXHIBIT 277
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Protected Document--Subject to Protective Order JNJTALC000089631
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
EP
ORT
Talcum
10
/31
Powde
rs /6s
O QOU E ¦ c E¦ U O¦ U ¦ o ¦ 8 OOO 0)
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 - RECEIVED NYSCEF: 03/17/2023
. ReportNo. 404-39
JOHNS-MANVILLE RESEARCH
October 31, 1968
Date
AND ENGINEERING CENTER
TALCUM POWDERS - Petrographic Examination
Title: BODY
Requested by: J. P. Leineweber
Reason for Request
To determine mineral content, and particularly to determine whether components
of a fibrous nature may be present.
Samples
Eleven body talcum powders, as follows:
1. Johnson's Powder,
Baby Johnson & Johnson.
2. Tweed Body Powder, Lenthéric.
3. Muguet des bois Talcum Powder, Coty.
4. Pondra Dream Flower Body Powder, Chesebrough-Pond's, Inc.
5, Shower to Shower Body Powder, Johnson & Johnson.
6. Early American Old Spice Talcum Powder.
7. Heaven Sent Bath Powder, Helena Rubinstein.
8. Evening in Paris Talc, Bourjois.
9. Mennen Bath Talc, The Mennen Company.
10. Cashmere Bouquet Body Tale, Colgate-Palmolive Company.
11. Frièndship Garden Body Talc, Shulton.
g4
Methods of Study
The samples were examined petrogUaphically and the composition noted.
Photomicrographs were taken to show the shape characteristics of the particles.
Iso-butanol was chosen as the immersion medium because of its low viscosity, which
permitted the tale flakes to lie flat. Copies of the photomicrographs at a total
magnification of 200X are attached to this report (Figures 1 - 11f Appendix).
Two of the samples, which had been found to -contain tremolite, were examined via
the electron microscope. Th'e oils were extracted from these samples with ethyl
alcohol, and the.inorganic residues were then suspended in water. Dilute droplets
of the water suspensions vere dried on carbon coated electron grids, in an effort
to secure any fines that might be present. These grids were then scanned under
the electron microscope at the same magnificatiori that has been used to detect
fiber in other samples, and micrographs were taken.
Results
Mineral Content
The following samples consist essentially of tale, plus about 1 per cent magnesite:
pp. MS 404
Notebook 373$, 98, 99
JNJTALC00008963
Protected Document--Subject to Protective Order
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF "DOC. NO. 223 Report No.
RECEIVED NYSCEF: 03/17/2023
404-39
, . JOHNS-MANVILLE RESEARCH
Page 2
AND ENGINEERING CENTER
" Johnson's Baby Powder, Muguet Talcum Powder,
Shower to Shower Body Powder, Heaven Sent
Bath Powder, Etening in Paris Talc.
The Mennen Bath Talc is similar to the
above, except that it contains about 5 per
cent sassolite (B203'3Ha0).
The following samples are chiefly tale, plus a small amount of tremolite (about
5 per cent) and about 1 per cent dolomite:
Tweed Body Powder, Pond's Dream.Flower
Body Powder.
The remaining samples (Early American Old Spice Talcum Powder, Cashmere Bouquet
Body Tale, and Friendship Garden Body Tale) are essentially tale, plus a trace
of tremoliter and a trace of dolomite.
.§
Photomicrographs
The photomicrographs (Figures 1 - show the scales and blade-
11, Appendix) plates,
.g shaped particles typical of tale, plus occasional splinters of tremolite in a few
of the samples. Carbonate of· great
particles, because their difference in
.... refractive index as compared with the immersion medium, show heavy black edges.
Electron Microscopy
Residues of Tweed Body Powder, and Pond's Dream Flower Body Tale (from which the
oils had been extracted), were examined via the electron microscope-. The coarse
particles were settled out, and dilute droplets of the supernatants were dried
on carbon-coated grids. These preparations showed virtually no fines, and also
showed nothing of·a fibrous nature.
Reported by / , ..
D. A. Bailey
Basic Chemistry Research Section
mac
cc: F. L. Pundsack (2)
S. Speil
E. M. Fenner
J. P. Leineveber
D. A. Bailey
Library (2
Protected Document--Subject to Protective Order JNJTALC000089634
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Remn No. 404-39
JOHNS-MANVILLE RESEARCH
. Page 3
AND ENGINEERING CENTER
APPENDIX
100/4
Figure 1. Johnson's Baby Powder.
Magnification 200X Photomicrograph E-3776
Protected Document--Subject to Protective Order JNJTALC000089635
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Report No. 404-39
JOHNS-MANVILLE RESEARCH
AND ENGINEERING Page
CENTER
APPENDIX
o
100µ.
Figure 2.. Tweed Body Powder, Lenthdric.
Magnification 200X Photomicrograph E-3 TTTA
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FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Repon No. 404-39
J0llNS-MANVILLE RESEARCH
Page 5
AND ENGINEERING CENTER
=-
APPENDIX
100/c
Figure 3 . Muguet Tale, Coty .
Magnification 200X Photomicrograph E-3778
Protected Document--Subject to Protective Order JNJTALC000089637
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
ReportNo. 404-39
JOHNS-MANVILLE RESEARCH
Page 6
AND ENGINEERING CENTER
" APPENDIX
8
100
Figure 4. Pond's Dream Flower Body Tale.
Magnification 200X Photomicrograph E-3779
Protected Document--Subject to Protective Order JNJTALC000089638
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Report No. 404-39
JOHMS-MANVILLE RESEARCH
Page T
AND ENGINEERING CENTER
APPENDIX
I I
100p
Figure 5. Shower to Shower Body Powder, Johnson & Johnson.
Magnification 200X Photomicrograph E-3780
Protected Document--Subject to Protective Order JNJTALC000089639
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Report No. 404-39
JOHNS-MANVILLE RESEARCH
Page 8
AND ENGINEERING CENTER
" APPENDIX
100
Figure 6. Early American Old Spice Talcum Powder.
Magnification 200X Photomicrograph E-3781
Protected Document--Subject to Protective Order JNJTALC000089640
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
~39
JOHNS-MANVILLE RESEARCH
AND ENGINEERING CENTER . Page 9
APPENDIX
100/1
Figure 7. Heaven Sent Bath Powder , Helena Rubenstein.
Magnification 200X Photomicrograph E-3782
Protected Document--Subject to Protective Order JNJTALC000089641
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Report No. 404-39
JOHNS-MANVILLE RESEARCH
AND ENGINEERING CENTER Page 10
"
APPENDIX
O
8
100
Figure 8. Evening in Paris Tale, Bourjois.
Magnification 200X Photomicrograph E-3783
Protected Document--Subject to Protective Or^der JNJTALC000089642
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Report No. 404-39
JOHNS-MANVILLE RESEARCH
AND ENGINEERING CENTER Page 11
APPENDIX
8
100
Figure 9. Mennen Bath Tale, The Mennen Company
Magnification 200X Photomicrograph E-3784
Protected Document--Subject to Protective Order JNJTALC000089643
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Repho. 404-39
JOHNS-MANVILLE RESEARCH
AND ENGINEERING CENTER Page 12
APPENDIX
100
Figure 10. Cashmere Bouquet Body Tale , Colgate-Pahnolive
Magnification 200X Photomicrograph E-3785
Protected Document--Subject to Protective Order JNJTALC000089644
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023
Repod No. 404-39
JOHNS-MANVILLE RESEARCH
AND ENGINEERING CENTER Page 13
APPENDIX
100f<
Figure 11. Friendship Garden Body Tele, Shulton
Magnification 200X Photomicrograph E-3786
Protected Document--Subject to Protective Order JNJTALC000089645
Preview
FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 EXHIBIT 16 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 MASTER EXHIBIT 277 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Protected Document--Subject to Protective Order JNJTALC000089631 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 EP ORT Talcum 10 /31 Powde rs /6s O QOU E ¦ c E¦ U O¦ U ¦ o ¦ 8 OOO 0) FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 - RECEIVED NYSCEF: 03/17/2023 . ReportNo. 404-39 JOHNS-MANVILLE RESEARCH October 31, 1968 Date AND ENGINEERING CENTER TALCUM POWDERS - Petrographic Examination Title: BODY Requested by: J. P. Leineweber Reason for Request To determine mineral content, and particularly to determine whether components of a fibrous nature may be present. Samples Eleven body talcum powders, as follows: 1. Johnson's Powder, Baby Johnson & Johnson. 2. Tweed Body Powder, Lenthéric. 3. Muguet des bois Talcum Powder, Coty. 4. Pondra Dream Flower Body Powder, Chesebrough-Pond's, Inc. 5, Shower to Shower Body Powder, Johnson & Johnson. 6. Early American Old Spice Talcum Powder. 7. Heaven Sent Bath Powder, Helena Rubinstein. 8. Evening in Paris Talc, Bourjois. 9. Mennen Bath Talc, The Mennen Company. 10. Cashmere Bouquet Body Tale, Colgate-Palmolive Company. 11. Frièndship Garden Body Talc, Shulton. g4 Methods of Study The samples were examined petrogUaphically and the composition noted. Photomicrographs were taken to show the shape characteristics of the particles. Iso-butanol was chosen as the immersion medium because of its low viscosity, which permitted the tale flakes to lie flat. Copies of the photomicrographs at a total magnification of 200X are attached to this report (Figures 1 - 11f Appendix). Two of the samples, which had been found to -contain tremolite, were examined via the electron microscope. Th'e oils were extracted from these samples with ethyl alcohol, and the.inorganic residues were then suspended in water. Dilute droplets of the water suspensions vere dried on carbon coated electron grids, in an effort to secure any fines that might be present. These grids were then scanned under the electron microscope at the same magnificatiori that has been used to detect fiber in other samples, and micrographs were taken. Results Mineral Content The following samples consist essentially of tale, plus about 1 per cent magnesite: pp. MS 404 Notebook 373$, 98, 99 JNJTALC00008963 Protected Document--Subject to Protective Order FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF "DOC. NO. 223 Report No. RECEIVED NYSCEF: 03/17/2023 404-39 , . JOHNS-MANVILLE RESEARCH Page 2 AND ENGINEERING CENTER " Johnson's Baby Powder, Muguet Talcum Powder, Shower to Shower Body Powder, Heaven Sent Bath Powder, Etening in Paris Talc. The Mennen Bath Talc is similar to the above, except that it contains about 5 per cent sassolite (B203'3Ha0). The following samples are chiefly tale, plus a small amount of tremolite (about 5 per cent) and about 1 per cent dolomite: Tweed Body Powder, Pond's Dream.Flower Body Powder. The remaining samples (Early American Old Spice Talcum Powder, Cashmere Bouquet Body Tale, and Friendship Garden Body Tale) are essentially tale, plus a trace of tremoliter and a trace of dolomite. .§ Photomicrographs The photomicrographs (Figures 1 - show the scales and blade- 11, Appendix) plates, .g shaped particles typical of tale, plus occasional splinters of tremolite in a few of the samples. Carbonate of· great particles, because their difference in .... refractive index as compared with the immersion medium, show heavy black edges. Electron Microscopy Residues of Tweed Body Powder, and Pond's Dream Flower Body Tale (from which the oils had been extracted), were examined via the electron microscope-. The coarse particles were settled out, and dilute droplets of the supernatants were dried on carbon-coated grids. These preparations showed virtually no fines, and also showed nothing of·a fibrous nature. Reported by / , .. D. A. Bailey Basic Chemistry Research Section mac cc: F. L. Pundsack (2) S. Speil E. M. Fenner J. P. Leineveber D. A. Bailey Library (2 Protected Document--Subject to Protective Order JNJTALC000089634 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Remn No. 404-39 JOHNS-MANVILLE RESEARCH . Page 3 AND ENGINEERING CENTER APPENDIX 100/4 Figure 1. Johnson's Baby Powder. Magnification 200X Photomicrograph E-3776 Protected Document--Subject to Protective Order JNJTALC000089635 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Report No. 404-39 JOHNS-MANVILLE RESEARCH AND ENGINEERING Page CENTER APPENDIX o 100µ. Figure 2.. Tweed Body Powder, Lenthdric. Magnification 200X Photomicrograph E-3 TTTA Protected Document--Subject to Protective Order JNJTALC000089636 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Repon No. 404-39 J0llNS-MANVILLE RESEARCH Page 5 AND ENGINEERING CENTER =- APPENDIX 100/c Figure 3 . Muguet Tale, Coty . Magnification 200X Photomicrograph E-3778 Protected Document--Subject to Protective Order JNJTALC000089637 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 ReportNo. 404-39 JOHNS-MANVILLE RESEARCH Page 6 AND ENGINEERING CENTER " APPENDIX 8 100 Figure 4. Pond's Dream Flower Body Tale. Magnification 200X Photomicrograph E-3779 Protected Document--Subject to Protective Order JNJTALC000089638 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Report No. 404-39 JOHMS-MANVILLE RESEARCH Page T AND ENGINEERING CENTER APPENDIX I I 100p Figure 5. Shower to Shower Body Powder, Johnson & Johnson. Magnification 200X Photomicrograph E-3780 Protected Document--Subject to Protective Order JNJTALC000089639 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Report No. 404-39 JOHNS-MANVILLE RESEARCH Page 8 AND ENGINEERING CENTER " APPENDIX 100 Figure 6. Early American Old Spice Talcum Powder. Magnification 200X Photomicrograph E-3781 Protected Document--Subject to Protective Order JNJTALC000089640 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 ~39 JOHNS-MANVILLE RESEARCH AND ENGINEERING CENTER . Page 9 APPENDIX 100/1 Figure 7. Heaven Sent Bath Powder , Helena Rubenstein. Magnification 200X Photomicrograph E-3782 Protected Document--Subject to Protective Order JNJTALC000089641 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Report No. 404-39 JOHNS-MANVILLE RESEARCH AND ENGINEERING CENTER Page 10 " APPENDIX O 8 100 Figure 8. Evening in Paris Tale, Bourjois. Magnification 200X Photomicrograph E-3783 Protected Document--Subject to Protective Or^der JNJTALC000089642 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Report No. 404-39 JOHNS-MANVILLE RESEARCH AND ENGINEERING CENTER Page 11 APPENDIX 8 100 Figure 9. Mennen Bath Tale, The Mennen Company Magnification 200X Photomicrograph E-3784 Protected Document--Subject to Protective Order JNJTALC000089643 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Repho. 404-39 JOHNS-MANVILLE RESEARCH AND ENGINEERING CENTER Page 12 APPENDIX 100 Figure 10. Cashmere Bouquet Body Tale , Colgate-Pahnolive Magnification 200X Photomicrograph E-3785 Protected Document--Subject to Protective Order JNJTALC000089644 FILED: ERIE COUNTY CLERK 03/17/2023 07:22 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 223 RECEIVED NYSCEF: 03/17/2023 Repod No. 404-39 JOHNS-MANVILLE RESEARCH AND ENGINEERING CENTER Page 13 APPENDIX 100f< Figure 11. Friendship Garden Body Tele, Shulton Magnification 200X Photomicrograph E-3786 Protected Document--Subject to Protective Order JNJTALC000089645