Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 39
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023
41 EAST 42ND STREET. NEW YORK. N. Y. 10017. 697-5100
. FOR
NATIONAL PUBLIC RELATIONS
PROGRAM NEWS STATION WNYC
OATE. JUNE 29, 1971 4: 30 PM CITY NEW YORK
REPORT.ON TALCUM POWDER .'
NEWSCASTER: New York City's Environmental Protection Adminis-
-:-_ _ _ _tr.ator_,_Jerome_Kretchmer~ today released the text. of a letter ----------
recently sent to the Secretary of Health, Education and Welfare,
Eliot Richardson, pointing out the potential hazards related
to asbestos in talcum powder. Mr. Kretchmar made the announcement
in his office this morning, and ~'las later questioned by WNYC
·newsman Mike Cosmic and other reporters.
JEROME KRETCHMER: This morning's announcement is really
a ~ontinuation of an effort by this agency in respect to a,
an environmental hazard that we've been concerned about since
. the Mayor first announced my appointment, and since Harold ROmere?),
who's stwiding off to my right, first called it to my attention,·
and that is the problem of asbestos and how pervasive· it seems.
to be in our-environment, and the harmful effects-that asbestos
seems to have on people.
We've all heard about the problems in mercury, and we think
that asbestos has environmental aspects that are as dangerous,
or as harmful, as those of the mercury, and the purpose this
morning is to call to Secretary Richardson's atten~ion a problem
'..
- -that has been ascertained with respect to asbestos in talc.
". • r. y .........:. ••
The fact that there is clear evidence that cystosis'(?) ,
lung cancer, methystilemia(?), all are asbestos-induced, and
the fact that we now have· found SGr.l.e asbestos in blO samples
\, of talc would indicate to us that, like the Department's-role
\ in the mercury question, they ought to begin -co conduct some
very serious investigations as to what the effect of talc w,d
other asbestos products is on the health and the welfare of
the people of the United States.
You knqw, when we have the capacity to do all this by ourselves,
and accordingly have sent this letter to Secretary Richardson,
the real pu.rpose today, I guess, is to begin to expose 'co public
" ·light the various questions concerning asbestos. As you may
OFP'ICEO IN: NEW YORK • C~TROI"T • '-OS ANGiEL.£i:i!5 • WAE;to.oj·INGTON. o. c .• N~W ENGL..ANO • CHleAoa
JNJ 000260545
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023
-2-
recall, initially .~e attempted to ban the spraying of asbestos
in new office building construction in New York. We were not
as successful as we would like to' have been, promulgated a series
of very tough rules about how asbestos ought to be sprayed,
enclosure control, and what have you. Those rules were more often
violated than observed, and accordingly we attempted to ban
the spray of asbestos in the new proposed air code, which the
Council is now in the process of considering, and in fact reporting
out for passage. .
And this press conference this morning is just a further
attempt to raise all the questions concerning asbestos that
we can, to call the public's attention to the potentiai harmful
characteristics of asbestos and asbestos-bearing products, and
--------,'fo~p-cfi-n-t·-·out- 'most particularly that a, al'l' everyday substance
which is as common to people as talcum and talc are, contain
. asbestos. At least two products that have been sampled by Dr.
Selacoff(?) at Mt. Sinai. The interesting thing here is that
we do not know that the talc is a health hazard. We only knoi.-l
that·asbestos in large. doses is.a health hazard and that it's .
. been suggested· by the people at !-it. Sinai that we should avoid
all exposure to talc as much as possible.
Our question is , it's the way in i,-lhich. I called the conference
is, why shoUld we wait to prove that this kind of exposure .is
harmful? ~\Te' ought to take steps to avoid the exposure, and then
if we find 9ut it's not harmful we can relax our vigilance,
and if we find out it is harmful, then we've already tak~n appropriate
steps to control the dissemination of asbestos ,and partiCularly
. of the talc which contains ~sbest.os.
I would suggest that as quickly as possible we ,,,,ould like
Richardson to conduct an investigation into all of the tales
that are now on the market, and find out v/hich of these con"cain
-asbestos and which don't, much thesw~e as with cigarette tars
"'and with nicotine, and what have you. The quantities that ake
in these products. I would suggest that a careful and prudent
mother at this point could ask herself some questions about
whether or not she ought to use continue to use .talc. And we
believe the question is so important, and the presence of asbestos
\ in talc, by our calculations at least in the two products that
have been examined, is so obvious that perhaps it would be prudent
at this point to stop using the talcum. .
MAN: In your ne\",s release, in that letter you sent to Mr.
Richardson you seem to be hedging though.
KRETCHMER:. Well, because '-tIe I re not equipped in the City
of New York to find hard answers to these oroblems. We have
some interesting evidence that there is asbestos in the talc,
and we have some interesting evidence, well more than interes"cing·
..... "".-..--... _ _ _ ~ • • __ ...... _ _
--O:.~ _ _ .,,.._..,"'_ ........__...... ... _ ... _~~ _ _ ._~ _ _ ~ _ _ •• _ _ _ _ _ •• _ _ • _ _ • _ _ _ _ _ _ _
JNJ 000260546
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023
..
-3-
• evidence, we have what we would consider_to be fairly conclusive
proof that asbestos causes certain diseases. In the lung.
And therefore we want to remove people from that asbestos as
quickly as _possible, or remove them from exposure, or prevent
their exposure to asbestos as quickly as possible" and that's
why we're raising this question. -
I think as, as the degrees technology develop, and as our
environmehtal a\oJ'areness - develops, we're doing to find some of
these elements that are in fact hannful to people, and we're
going-to move much as we have in the mercury instance, to begin
to reduce the amount of exposure that people have to those elements.
You know, nobody is suggesting that everything be dropped i~uediately.
We' ra suggesting-, ____ and ___ doing__ Lt __ in___this __ form_of __public __announcamen.t_, _ _ __
is urging that Richardson really begin to take the steps to_
find out how much deeper and how much more there is to this
asbestos in the:talc.
You might be, an analysis of each of the products done--
cornstarch is a reasonable substitute-for talc. At the moment,
as a matter of fact, began without n&uing any products, we've
ascertained that one of the talc products nowqn the market
is'predominantly cornstarch, as it turns out. So that~ that,
•
-as a child I recall the cornstarch being substantially less
expensive than the talc, a...d corustarch being a product that
was used with some success around my home to dry those areas
that became moist- and therefore exposed the baby to a rash.
MAN: Mr. Kr'etchmer, have -any of these products been tested
previously, before they're put on the market? Are there any
laws governing products that come out?
---
KRETCHl-1ER:There are la\'ls involving drugs. There are
'"
_.... very limited laws involving proprieto=y devices which I guess
talc would be one of. At the moment there is no control over
the sale of talc in the market at all. A talcum product comes
onto the market simply at the -discretion of the seller.
MAN: _ But do you intend to propose any legis lation?
KRETCHNER: We intend to get-Richardson to look" at this
problem, and when he's ans\'lered some of the questions then perhaps
together we can decide what the solution would be.
MAN: ~tr. Kretchmer, what can you do on your own, without
asking for legislation?
KRETCHMER: All we can is, at the moment we don't have
-. enough information to db terribly much except call the public
attention to the fact that, that there is the possibility that
~Â
~
JNJ 000260547
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023
I r
-4-
~ talcum contains asbestos, and that asbestos is known to be.harmful
to people. I don't know if you've ever seen anybody sprinkle
talcum, but most people that I leno'i! sprinkle it rather liberally,
and it's always just a maze(?) in the air. I've never seen
anybody able to sprinkle talcum on any area \'lhich 'tve usually
use talcum, without getting some of it in and around the face
and the nose.· I saw somebody talcing 'a badly sunburned child
late Sunday afternoon and they had the child laying face dotm
and they were putting the talk on the shoulders, and it was
being disseminated right into the pillow that the child was
layihg on, and the next logical consequence ·for the .child was
going to be to breathe in that .talc. I mean, that's the way
it's used. It's always used very liberally. I mean, people
. come--out--of·the bath and they talc thetnselves--you kn~." you
.kind of blo'toJ' it out of the room as you walk out. It, it's an
inexpensive substitute •••
MAN: Have you had any cases whe.~e a child ,say, is definitely
proven endangered(?) (INTERRUPTION)
KRETCHHER: There, there aren't that we know of, but there
certainly in which a •• ?. ·attack could begin to have it:: cause
a problem. All I'm saying is that this is a potential problem
and that something ought to be done before it becomes a more
• serious prob lem.
ANNOUNCER: New York City's Environmental Protection Admin-
istrator, .Jerome Kretchmer •
•
JNJ 000260548
Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 39 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023 41 EAST 42ND STREET. NEW YORK. N. Y. 10017. 697-5100 . FOR NATIONAL PUBLIC RELATIONS PROGRAM NEWS STATION WNYC OATE. JUNE 29, 1971 4: 30 PM CITY NEW YORK REPORT.ON TALCUM POWDER .' NEWSCASTER: New York City's Environmental Protection Adminis- -:-_ _ _ _tr.ator_,_Jerome_Kretchmer~ today released the text. of a letter ---------- recently sent to the Secretary of Health, Education and Welfare, Eliot Richardson, pointing out the potential hazards related to asbestos in talcum powder. Mr. Kretchmar made the announcement in his office this morning, and ~'las later questioned by WNYC ·newsman Mike Cosmic and other reporters. JEROME KRETCHMER: This morning's announcement is really a ~ontinuation of an effort by this agency in respect to a, an environmental hazard that we've been concerned about since . the Mayor first announced my appointment, and since Harold ROmere?), who's stwiding off to my right, first called it to my attention,· and that is the problem of asbestos and how pervasive· it seems. to be in our-environment, and the harmful effects-that asbestos seems to have on people. We've all heard about the problems in mercury, and we think that asbestos has environmental aspects that are as dangerous, or as harmful, as those of the mercury, and the purpose this morning is to call to Secretary Richardson's atten~ion a problem '.. - -that has been ascertained with respect to asbestos in talc. ". • r. y .........:. •• The fact that there is clear evidence that cystosis'(?) , lung cancer, methystilemia(?), all are asbestos-induced, and the fact that we now have· found SGr.l.e asbestos in blO samples \, of talc would indicate to us that, like the Department's-role \ in the mercury question, they ought to begin -co conduct some very serious investigations as to what the effect of talc w,d other asbestos products is on the health and the welfare of the people of the United States. You knqw, when we have the capacity to do all this by ourselves, and accordingly have sent this letter to Secretary Richardson, the real pu.rpose today, I guess, is to begin to expose 'co public " ·light the various questions concerning asbestos. As you may OFP'ICEO IN: NEW YORK • C~TROI"T • '-OS ANGiEL.£i:i!5 • WAE;to.oj·INGTON. o. c .• N~W ENGL..ANO • CHleAoa JNJ 000260545 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023 -2- recall, initially .~e attempted to ban the spraying of asbestos in new office building construction in New York. We were not as successful as we would like to' have been, promulgated a series of very tough rules about how asbestos ought to be sprayed, enclosure control, and what have you. Those rules were more often violated than observed, and accordingly we attempted to ban the spray of asbestos in the new proposed air code, which the Council is now in the process of considering, and in fact reporting out for passage. . And this press conference this morning is just a further attempt to raise all the questions concerning asbestos that we can, to call the public's attention to the potentiai harmful characteristics of asbestos and asbestos-bearing products, and --------,'fo~p-cfi-n-t·-·out- 'most particularly that a, al'l' everyday substance which is as common to people as talcum and talc are, contain . asbestos. At least two products that have been sampled by Dr. Selacoff(?) at Mt. Sinai. The interesting thing here is that we do not know that the talc is a health hazard. We only knoi.-l that·asbestos in large. doses is.a health hazard and that it's . . been suggested· by the people at !-it. Sinai that we should avoid all exposure to talc as much as possible. Our question is , it's the way in i,-lhich. I called the conference is, why shoUld we wait to prove that this kind of exposure .is harmful? ~\Te' ought to take steps to avoid the exposure, and then if we find 9ut it's not harmful we can relax our vigilance, and if we find out it is harmful, then we've already tak~n appropriate steps to control the dissemination of asbestos ,and partiCularly . of the talc which contains ~sbest.os. I would suggest that as quickly as possible we ,,,,ould like Richardson to conduct an investigation into all of the tales that are now on the market, and find out v/hich of these con"cain -asbestos and which don't, much thesw~e as with cigarette tars "'and with nicotine, and what have you. The quantities that ake in these products. I would suggest that a careful and prudent mother at this point could ask herself some questions about whether or not she ought to use continue to use .talc. And we believe the question is so important, and the presence of asbestos \ in talc, by our calculations at least in the two products that have been examined, is so obvious that perhaps it would be prudent at this point to stop using the talcum. . MAN: In your ne\",s release, in that letter you sent to Mr. Richardson you seem to be hedging though. KRETCHMER:. Well, because '-tIe I re not equipped in the City of New York to find hard answers to these oroblems. We have some interesting evidence that there is asbestos in the talc, and we have some interesting evidence, well more than interes"cing· ..... "".-..--... _ _ _ ~ • • __ ...... _ _ --O:.~ _ _ .,,.._..,"'_ ........__...... ... _ ... _~~ _ _ ._~ _ _ ~ _ _ •• _ _ _ _ _ •• _ _ • _ _ • _ _ _ _ _ _ _ JNJ 000260546 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023 .. -3- • evidence, we have what we would consider_to be fairly conclusive proof that asbestos causes certain diseases. In the lung. And therefore we want to remove people from that asbestos as quickly as _possible, or remove them from exposure, or prevent their exposure to asbestos as quickly as possible" and that's why we're raising this question. - I think as, as the degrees technology develop, and as our environmehtal a\oJ'areness - develops, we're doing to find some of these elements that are in fact hannful to people, and we're going-to move much as we have in the mercury instance, to begin to reduce the amount of exposure that people have to those elements. You know, nobody is suggesting that everything be dropped i~uediately. We' ra suggesting-, ____ and ___ doing__ Lt __ in___this __ form_of __public __announcamen.t_, _ _ __ is urging that Richardson really begin to take the steps to_ find out how much deeper and how much more there is to this asbestos in the:talc. You might be, an analysis of each of the products done-- cornstarch is a reasonable substitute-for talc. At the moment, as a matter of fact, began without n&uing any products, we've ascertained that one of the talc products nowqn the market is'predominantly cornstarch, as it turns out. So that~ that, • -as a child I recall the cornstarch being substantially less expensive than the talc, a...d corustarch being a product that was used with some success around my home to dry those areas that became moist- and therefore exposed the baby to a rash. MAN: Mr. Kr'etchmer, have -any of these products been tested previously, before they're put on the market? Are there any laws governing products that come out? --- KRETCHl-1ER:There are la\'ls involving drugs. There are '" _.... very limited laws involving proprieto=y devices which I guess talc would be one of. At the moment there is no control over the sale of talc in the market at all. A talcum product comes onto the market simply at the -discretion of the seller. MAN: _ But do you intend to propose any legis lation? KRETCHNER: We intend to get-Richardson to look" at this problem, and when he's ans\'lered some of the questions then perhaps together we can decide what the solution would be. MAN: ~tr. Kretchmer, what can you do on your own, without asking for legislation? KRETCHMER: All we can is, at the moment we don't have -. enough information to db terribly much except call the public attention to the fact that, that there is the possibility that ~ ~ JNJ 000260547 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 124 RECEIVED NYSCEF: 07/10/2023 I r -4- ~ talcum contains asbestos, and that asbestos is known to be.harmful to people. I don't know if you've ever seen anybody sprinkle talcum, but most people that I leno'i! sprinkle it rather liberally, and it's always just a maze(?) in the air. I've never seen anybody able to sprinkle talcum on any area \'lhich 'tve usually use talcum, without getting some of it in and around the face and the nose.· I saw somebody talcing 'a badly sunburned child late Sunday afternoon and they had the child laying face dotm and they were putting the talk on the shoulders, and it was being disseminated right into the pillow that the child was layihg on, and the next logical consequence ·for the .child was going to be to breathe in that .talc. I mean, that's the way it's used. It's always used very liberally. I mean, people . come--out--of·the bath and they talc thetnselves--you kn~." you .kind of blo'toJ' it out of the room as you walk out. It, it's an inexpensive substitute ••• MAN: Have you had any cases whe.~e a child ,say, is definitely proven endangered(?) (INTERRUPTION) KRETCHHER: There, there aren't that we know of, but there certainly in which a •• ?. ·attack could begin to have it:: cause a problem. All I'm saying is that this is a potential problem and that something ought to be done before it becomes a more • serious prob lem. ANNOUNCER: New York City's Environmental Protection Admin- istrator, .Jerome Kretchmer • • JNJ 000260548