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
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EXHIBIT 63
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MASTER EXHIBIT 143
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'""-· _, .... ,
of The City UniVersity of New· York
ARCHIVES
MOu~r SI1'4AI
To: Dean Thomas C. Chalmers Doto: March 17, 1976
From: Dr. Arthur M. Langer Subject: The ongoing Talc Study in the
Environmental Sciences Laboratory.
Following our telephone conversation of Wednesday, March 17th, I am
herein submitting to you, as accurately as memory permits, the involve-
ment of our Laboratory with the analysis of talc-containing consumer
products.
In December of 1968, Dr. Selikoff and I were invited to the Food and
Drug Administration to participate in a seminar before the Division of
Pharmacology and Toxicology. We presented materials under the title
"current studies on pulmonary fibrous mineral microparticles - potential
contribution of talc:' At the seminar we discussed our studies involving
the fiber content of lung tissues obtained from 3 1 000 consecutive autopsies
in New York City; the biological hazards associated with the inhalation of
asbestos; preliminary data ~~ich suggested that some of theselung fibers were
asbestos fibers; the natural contamination of talcum products with fibrous
minerals (including asbestos); the potential hazards associated with in-
halation of talc dust. If memory serves me correctly this was not the
first time this subject matter was broached with FDA. Some members of
Food and Drug were present at a meeting a year earlier, in Cincinnati,
Ohio, in which the asbestos problem was openly discussed at a governmental
meeting. It was because of this meeting, and the ensuing discussions,
that we were invited to Washington for the seminar. (See Appendix No. 1,)
Talc research, for us, was put on a "back burner" for future study. We
continued at intervals to examine consumer products and observed that
they contain fibrous minerals which when analyzed demonstrated them to
be asbestos.
In August, 1971, our group was invited to a discussion at the Food and
Drug Administration concerning the asbestos content of consumer tales.
·A nUmber of individuals were present representing various areas of society.
Dr. Selikoff spoke on the biological significance of asbestos and I pre-
··sented some information concerning the analytical methodology required for
asbestos analysis. (See Appendix No. 2,) On page 5 of this document,
paragraph 4 reflects our findings concerning asbestos contents of Johnson
& Johnson tales.
In September, 1971, we began, in a more formal manner, the study of the
asbestos content p{( conswner tales. We prepared a study proposal for the
Environmental Prqteetion Administration outlining a study for the deter-
mination Of the fiber contents of consumer tales sold in New York City.
(See Appendix No. 3.) No funds were available for this study and we were
so informed. However, we formulated in our own minds the outlines of
a consumer talcum study.
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EXHIBIT
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Dean Thomas c. Chalmers -2- March 17, 1976
In February, 1972, our group was invited down to the Food and Drug
Administration to discuss a number of problems. Ostensibly, we dis-
cussed the occurrence of asbestos in parenteral drugs. It is my be-
lief that at this meeting we again broached the subject of asbestos
contamination of consumer tales. (See Appendix No. 4.)
In late 1972 and early 1973, I was approached by Dr. Morris Kleinfeld,
of the N.Y.S. Department of Labor, who had been studying talc miners
and millers in New York State. He is a recognized authoritY in this
area and his publications have received wide attention. He and his
colleagues were the first to epidemiologically establish the association
between fibrous talc exposure and excess human malignancies. He approached
me to study the mineral content of tales mined from the Balmat-Edwaids
mining area of New York State. I collaborated with hband one of his
colleagues and a joint publication resulted from our efforts. (See
Appendix No. 5.) During this study we developed the methodology for x-ray
diffraction analysis of talc, and the electron beam instrumentation re-
quired for the analysis of submicroscopic fibers in talc samples.
During this time, we began to purchase samples of talc products in New
York City. we were not funded to do this research so that we had an
extremely lim.i ted budget for "cash outlay." we requested individual
members of our Laboratory to bring in any "-tales that they might have
in their medicine cabinets at home" to supply us with some materials.
At this time I submitted to the Public Health Service a grant application
entitled "Asbestos content of consumer talcum products." (See Appendix
No. 6.) We again outlined in very great detail an analytical procedure
for the analysis of consumer tales for their asbestos contents. The
methodology for talc analysis was worked out at this time and we believe
the research warranted support because of its importance. Unfortunately,
although the grant was approved (favorably recommended) the relative
priority number was not great enough to have it funded.
We continued with our work concerning the analysis of consumer talcum
products. In May of 1973, several of my colleagues and I were invited
to a symposium on talc in Washington, D.C. This was sponsored by the
Bureau of Mines and pertained to various aspects concerning the biologi-
.. cal hazards associated with the talc mining industry. I presented
materials concerning the nature of talc mineralogically and reported the
occurrence of asbestos fibers in the lung tissues of a workman exposed
to talc dust. This circular of the Bureau of Mines has been used by the
ne~media many times and from it many inquiries had been directed to us.
(See Appendix No. 7.)
Still without sig~i'ficant research support, other than "stealing time"
from other projec~s, we continued our analyses of consum~r tales. In
the spring of 1974, my colleagues and I were invited·to a microscopy
symposium in New York City to discuss the identification and quantita-
tion of asbestos fiber in a range of media. or. Rohl and I have reported
results concerning the identification and quantitation of asbestos in
talc. (See Appendix No. 8.) These papers were submitted for publication
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Dean Thomas c. Chalmers -3- March 17, 1976
in the Environmental Health Perspectives. This paper has become a
standard methodology in that we have had requests from the
Philips Electronics Corporation for reprints to be used in their teaching
seminars in Mt. Vernon. This paper repre.sents almost one year of "bench"
time. This is one of our basic techniques in· the analysis of consumer
talcum products.
In order to properly "round outn our studies we in vi ted several of _our
colleagues in Great Britain to join with.us in mutual collaborative
efforts. We decided that our studies would be strengthened if we knew
more about the bulk chemistry and trace metal contents of these mate~ls.
Dr. Donald R. Bowes, Professor of Petrology and Geochemistry from The
University, Glasgow, consented to work with us. His laboratory furnishes
our studies with complete chemical analyses of materials we send to him.
Complete analyses of British consumer talcum products may be found in
the paper included in Appendix No. 9. Some ten major oxides and 17 trace
metals are routinely analYzed. The samples are run in duplicate and
triplicate and if "mismatches'' are obtained, the analyses are thrown
out and done over again. Or. Bowes has 20 years of experience in the
geochemistry field and his reputation is excellent.
My colleagues and I were invited to present a paper at the British
Occupational Hygiene Society's meeting, held in Edinburgh in September of
1975. (See Appendix No.9.) In the session called "talc" Dr. Pooley and
I w~re listed to present a paper entitled "chemical, physical and mineralogi-
cal characteristics of tales." The authorship and titles were later changed,
in which Dr. Pooley was made senior author and the title was .amended to
11
Mi:neralogy and chemistry of British talc and consumer talcum products.''
This paper was withdrawn by Dr. Pooley two days prior to the conference
start. We ~nclose·an 18-page paper which was to be presented. The reasons
for or. Pooley's withdrawal of this paper are many and I shall be happy to
discuss these with you in private. He was subjected to personal and pro-
fes~ional pressures and industry harasssent. We respected Dr. Pooley's
wis~es at the time of the conference and allowed him to withdraw it. This
manUscript is being resubmitted to a different British journal for publi-
cation. Or. Rohl has the correspondence connected with the withdrawal of
the paper and the subsequent request for its sUbmission to an appropriate
journal in Great Britain.
These doc~ents, and the above statements, more or less outline our inter-
est in talc and consumer talcum products. t~ colleagues and I have been
studying this problem area for a number of years. A number of press re~
leases have appeared over the past several years generally as the result
of wideSpread ip.terest i~ this subject area. I cannot count the ntunber
of times I have.been approached by individuals in the journalism field
with questions concerning asbestos contents of consumer tales. Many
occasions, both iri personal contact and by telephone, have prese~ted them-
selves in which this subject area was broached. My colleag-ues find tllis
to be "old hat" not necessarilY reflecting that it is unimportant, but
rather it is just~~ to us.
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Dean Thomas c. Chalmers -4- March 17, 1976
The consumer tales (United States) have been studied with identical
methods as the British tales. The paper has been accepted for publi-
cation in Environmental Research. A revised pre-publication manuscript
will be· shortly forwarded to your office.
!
If you have any further questions concerning als I shall
be very happy to answer them.
~~~TL~.g r, Ph.D.
Professor of Yinera ogy
Head, Physical Sciences Section
AML:jm
Enc.