"Asbestos concerns " with Indian property in Washington D.C: Dr. S. Jaishankar

Indian foreign minister, Dr. S. Jaishankar informed parliament on February 9, 2023 that "There were asbestos concerns "with regard to  Indian property in Washington D.C. It posed a challenge in preparing it for use as Indian Cultural Centre.  He was replying to a question from Mohammed Nadimul Haque.

Asbestos is a class of magnesium-silicate minerals which are light-weight, chemically inert and heat-resistant. They do not conduct electric currents and possess high flexibility, strength, durability and acoustic properties. At the Headquarters complex, asbestos-containing materials were extensively used, because the buildings were constructed in the early 1950s, when the use of asbestos was widespread. The harmful effects of exposure to asbestos fibres on the respiratory system has been clearly established since the early 1970s. The fibres are so thin that they hang in the air a long time before settling. 

 

It may be recalled that UN Secretary-General's report had provided an assessment of asbestos-containing materials at UN Headquarters. It had reviewed measures to ensure that such materials did not cause harm to persons working or visiting in the United Nations (document A/54/779). The report covered the Headquarters complex, the UNDC-I and UNDC-II buildings, the former United Nations Institute for Training and Research (UNITAR) building and leased spaces in other buildings in New York.

Close attention has been paid to the asbestos situation in the UN Headquarters buildings and steps have been taken to make them abestos-free. UN's Advisory Committee on Administrative and Budgetary Questions (ACABQ) has recommended that information be provided on asbestos at other United Nations duty stations.

Measures for managing asbestos include continued encapsulation of the existing asbestos, whereby it is not considered a health risk; semi-annual testing of air supply and return sources for asbestos fibres; and the removal of asbestos- containing materials only where the maintenance, alterations, improvement, construction or other activity necessitates its removal, according to the report.

A UN release stated that the UN complies with all standards, codes and regulations issued by the United States Government, New York State and City with regard to inspection, engineering controls, abatement and management of disposal of asbestos-containing materials. Unfortunately, this not enough because despite WHO's recommendation, US is yet to ban all kinds of asbestos unlike 70 countries which have prohibited it. 

The Committee also had before it a report of the ACABQ on the asbestos situation at Headquarters (document A/54/7/Add.12) recommending that the General Assembly take note of the Secretary-General's report and that information be provided on buildings at Geneva, Vienna, Nairobi and the regional commissions.

The ACABQ was informed that all handling of asbestos followed standard procedures and unacceptable levels had not entered the air stream, the report states. The ACABQ was also informed that since measures to manage asbestos started at Headquarters, 30 per cent of the asbestos has been removed from the buildings. It was told that 70 per cent of the asbestos at the UNITAR building had been removed and the remaining 30 per cent remain encapsulated, mainly on the ground floor.

The ACABQ learned that roughly 15 complaints concerning asbestos are received every year. On receiving a complaint from staff, a licensed independent contractor was sent to test the area for the presence of asbestos fibres and the results were made available through the Medical Services Division.

In a  related development, Iraq has informed India in writing that it has banned asbestos like some 70 countries. The countries which have banned it are: 1) Algeria, 2) Czech Republic, 3) Iran, 4) Malta, 5) Serbia, 6) Argentina, 7) Denmark, 8) Iraq, 9) Mauritius, 10) Seychelles, 11) Australia, 12) Djibouti, 13) Ireland, 14) Monaco, 15) Slovakia, 16) Austria, 17) Egypt, 18) Israel, 19) Mozambique, 20) Slovenia, 21) Bahrain, 22) Estonia, 23) Italy,  24) Netherlands, 25) South Africa, 26) Belgium, 27) Finland, 28) Japan, 29) New Caledonia, 30) Spain, 31) Brazil 32) France, 33) Jordan, 34) New Zealand, 35) Sweden, 36) Brunei, 37) Gabon, 38) South Korea, 39)  Norway, 40) Switzerland, 41) Bulgaria, 42) Germany, 43) Kuwait, 44) Oman, 45) Taiwan, 46) Canada, 47) Gibraltar, 48) Latvia, 49) Poland, 50) Turkey, 51) Chile, 52) Greece, 53) Liechtenstein, 54) Portugal, 55) United Kingdom, 56) Colombia, 57) Honduras, 58) Lithuania, 59) Qatar, 60) Uruguay, 61) Croatia, 62) Hungary, 63) Luxembourg, 64) Romania, 65) Ukraine, 66) Cyprus, 67) Iceland, 68) Macedonia and 69) Saudi Arabia which have banned asbestos of all kinds because safe and controlled use of asbestos is not possible.  

 

Hasn't Indian properties been made asbestos free in these 70 countries which have banned all kinds of carcinogenic asbestos mineral fibers? 

 

India has banned mining of all kinds of asbestos and trade in asbestos waste (dust and fibers) but it is yet to ban its trade, manufacture and use.

Jim Fite, the veteran warrior for asbestos-free world will continue to inspire BANI's struggle for justice

Jim Fite is no more. He died at the age of 77 on January 1, 2024 at his home in Baltimore. He was founder and longtime executive director of the White Lung Association (WLA), the first asbestos victims’ group in the US. I met Jim in Ottawa in September 2003 where he gave a presentation on the work of  White Lung Association (WLA), formed in 1979. He was appreciative of the work of the one year old Ban Asbestos Network of India (BANI) on the website of WLA. He had published the resolution of BANI which was adopted at its launch in April 2002. He was deeply critical of attempts by insurers and asbestos defendants to dump their asbestos liabilities.

Jim underlined how global asbestos industry continues to deny, defy, degrade and deceive in the face of ongoing death of the victims of incurable but preventable asbestos related diseases. He had referred to asbestos as a weapon of mass destruction ad called for setting up a worldwide fund to compensate victims of these these diseases.

Mourning his death, Barry Castleman, the author of “Asbestos: Medical and Legal Aspects” and a longtime colleague and a close friend of Jim said, “Jim had worked in auto plants and shipyards, and in the late 1970s was involved in getting shipyard union workers medically examined for asbestos disease. This led to wider demands for worker screening and the filing of claims for compensation by affected workers.After the 1982 bankruptcy filing by the largest US asbestos company, Manville, WLA was a constant presence during the proceedings.WLA was sometimes critical of the asbestos plaintiffs’ lawyers, as when several tried to get the courts to set up a scheme whereby these same lawyers would represent future asbestos victim claimants under diminished terms of compensation in the 1990s. Castleman recalled, “In the 1960s, Jim was involved in organizing protest demonstrations against the US war in Vietnam.  He and two other protesters surprised President Johnson at his appearance at a small town in Oklahoma with protest banners in front of the TV cameras, then being chased and narrowly escaping local toughs with their lives.  He was one of US anti-war activists who met with North Vietnamese representatives in Czechoslovakia at the time of the 1968 US presidential election and was impressed at their understanding of things in the US. Jim had extensive involvement in civil rights work in the 1960s and work with the homeless in more recent decades. He was dedicated and courageous in trying to make the world a better place.”

Linda Reinstein, the co-founder of the Asbestos Disease Awareness Organization (ADAO) remembered Jim’s tireless work with the WLA which played a crucial role in assisting government agencies to draft regulations protecting the public from asbestos exposure, with a notable emphasis on safety in public schools. His efforts led to transformative changes in national, state, and local laws concerning asbestos inspection, training, and safe disposal. His unwavering commitment to this cause helped to elevate workplace safety standards and has saved countless lives. Jim was given the 2006 ADAO Asbestos Awareness and Prevention Conference with the Tribute of Unity Award for his amazing work. Linda said, “His passing is a profound loss; however, his legacy lives on through the lasting impact of his work and the ongoing efforts of the White Lung Association. His dedication to improving occupational health and safety has forever changed the landscape of asbestos prevention and policy in the United States. Jim will be remembered as a beacon of hope and a relentless advocate for a safer, asbestos-free world.”

Jim’s legacy will pave the way for justice for victims of asbestos related diseases and corporate crimes. His memory will continue to inspire BANI’s work for asbestos free India.

 Gopal Krishna

    

Brazilians protest against delay in verdict against asbestos mine, India continues to procure asbestos from Brazil

Towards the end of 2023 Brazilian asbestos victims demonstrated in Brasilia over the postponement of verdict by the Supreme Court (STF) which could have shut down operations at the Brazil’s Cana Brava asbestos mine, the only mine still producing asbestos in Brazil. This long-awaited verdict was scheduled to be delivered in early November 2023. 

“As in many other countries, our Supreme Court can sometimes move at a glacial pace. Nevertheless, it is most unusual for the Court’s timetable to be altered at the last minute and without any explanation. The case pending was relatively simple with the unconstitutional nature of a state law in contravention of a STF ruling having already been decided. The Ministers – as STF Judges are called – were asked to determine whether mining should cease immediately or whether a one-year phase-out period should be allowed. The information vacuum which currently exists regarding this litigation is something I have never seen before,” said Leonardo Amarante, the lawyer  who has been representing members of the Brazilian Association of the Asbestos-Exposed (ABREA). 

Commenting on the intriguing judicial situation, Laurie Kazan-Allen wrote, "Brazilians are used to long delays in the litigation process. Asbestos victims, many of who are living on borrowed time, do not have the luxury of waiting for justice to be done and yet...The last asbestos mine in Brazil is still in production; under an unconstitutional state law in contravention of a Supreme Court ruling (2017), thousands of tonnes of asbestos are mined and exported every year.the case over the illegality of this state law was due to be discussed at the beginning of this month (November 2023)....there was no explanation just an announcement that there had been an indefinite postponement. Kicking this decision into the long grass means that asbestos production at the SAMA mine, owned by Eternit SA, can continue indefinitely." 

India's imports of chrysotile asbestos has been showing significant growth. Imports of asbestos were 3,61,164 tonnes in 2019-20. The imports of asbestos were mainly from Russia (85%), Brazil , Kazakhstan and Hungary (3% each), and Poland & South Africa (2% each). 

In 2022, India's of import of Asbestos was $281,013.30K and quantity 425,981,000Kg. India imported Asbestos from Brazil ($108,890.77K , 169,134,000 Kg), Russian Federation ($89,159.99K , 145,398,000 Kg), Turkey ($27,655.51K , 30,665,800 Kg), Georgia ($25,760.20K , 34,053,200 Kg), Kazakhstan ($13,976.19K , 21,378,600 Kg). In 2022, top exporters of Asbestos were Brazil ($96,647.49K , 197,096,000 Kg), Kazakhstan ($76,536.29K, 249,663,000 Kg), China ($13,827.18K , 48,938,300 Kg), India ($1,436.28K , 1,969,430 Kg), United States ($143.57K , 386,000 Kg).

Open Letter to Union Health Minister seeks stoppage of continued sale of all talc power

To

 

Union Minister of Health & Family Welfare

Government of India

New Delhi

 

Date: 13/11/2023

Subject: Stoppage of the continued sale of all talc power for saving lives of present and future generation of Indians, carcinogenic asbestos fibers pose fatal threat to life

 

Sir, 

 

This is with reference to the efforts of the government of Netherlands to raise the cancer classification of talc in the EU which paves the way for ban talc in cosmetics and submission of application for withdrawal of license dated 22 June, 2023 given to Maharashtra Food and Drug Administration (FDA) to stop the production of the baby powder at its Mulund plant, Mumbai by Johnson & Johnson, a multinational company headquartered in New Brunswick, New Jersey, USA which has proposed an $8.9 billion settlement to resolve years-long lawsuits claiming that its talcum powder products caused cancer. 

It has come to light that the Netherlands government has submitted to ECHA a proposal for a harmonized classification (CLH) for Talc on January 9, 2023. The talc  is classified as Carcinogenic Category 2 (Carc. 2, H351) and Toxic for certain target organs Category 1 (STOT RE 1, H372). If this harmonized classification is adopted at the European level, the use of Talc in cosmetic products will be banned. This classification follows the decision of the American courts which condemned in 2018 a distributor of Talc to pay several billion dollars in damages to consumers complaining of ovarian cancer caused by this Talc. It was heard at the end of a special piece on talc broadcast on TV Nov. 12 by one of Italy's public broadcasting companies, Rai3.  

(Reference: Talc, Soon Banned in Cosmetics Because of its Carcinogenic Nature?, https://regask.com/talc-soon-banned-in-cosmetics-because-of-its-carcinogenic-nature/, Sumitra Debroy, J&J stops manufacture of baby powder in country, The Times of India, Mumbai, July 14, 2023, https://timesofindia.indiatimes.com/city/mumbai/jj-stops-manufacture-of-baby-powder-in-country/articleshow/101741363.cms, The Italian program:https://wetransfer.com/downloads/839027093b0664c90b33f074dc37367720231112152227/b07e4cf3302b66361ce108b024b25f2c20231112152246/2a8792)

The decision of the government of Netherlands provides a lesson for government of India to safeguard public health.  

I submit that the application  and the Johnson & Johnson company’s announcement dated August 11, 2022 saying, "As part of a worldwide portfolio assessment, we have made the commercial decision to transition to an all-cornstarch-based baby powder portfolio. As a result of this transition, talc-based JOHNSON’S® Baby Powder will be discontinued globally in 2023” is relevant for the public health of present and future generations of Indians. In a situation wherein talcum powder of this company has reached almost every household in our country, the revised settlement amount backed by more than 60,000 parties who have filed lawsuits alleging harm from talcum powder merits Commission’s attention. The lawsuits filed against it allege that its talcum powder caused users to develop ovarian cancer and mesothelioma, an incurable disease.

I had filed complaint regarding ongoing exposure of Indians to hazardous asbestos mineral fibers contaminated talcum powder of Johnson & Johnson with the Drugs Controller General of India, Central Drugs Standard Control Organization (CDSCO), Directorate General of Health Services, Union Ministry of Health and Family Welfare on May 27, 2020. I had drawn the attention of CDSCO towards the announcement dated May 19, 2020 by Johnson & Johnson stating that it will discontinue sale of its Talcum Powder products in North America. This announcement was aimed at safeguarding the health of residents and citizens of North America but not the residents and citizens of India. Such doublespeak and double standard of these transnational corporations in matters of public health in general and children’s health in particular merits urgent intervention by the Commission.

 

Responding to my complaint, the Drugs Controller General (India) has informed me that “in India, the import, manufacture, distribution and sale of cosmetics is regulated under the provisions of Drugs and Cosmetics Act, 1940 and Rules made thereunder. Schedule 'S' of the Drugs and Cosmetics Rules, 1945 specifies that the cosmetics in finished form shall conform to the India Standards specifications laid down from time to time by the Bureau of Indian Standards (BIS). As far as the asbestos in talcum powder is concerned, it is to mention here that asbestos is already prohibited to be used in the cosmetic products as per the Indian Standards IS 4707 Part 2:2017. Further, recently, the BIS has amended Indian Standard, IS 1462 “Talc for Cosmetic Industry- Specification”, with regard to the requirement and test method for the absence of asbestos.

I wish to submit that in April 2022 Johnson & Johnson’s shareholders voted against a proposal to stop sales of the talc baby powder in non-North American markets including India in a clear case of double standard and racism by the  shareholders of Johnson & Johnson. The shareholders of Johnson & Johnson had agreed to stop sale of asbestos laden talc powder in North America but had acquiesced to continue sale of toxic talc to countries like India. It is inhuman and immoral to knowingly expose humans to killer asbestos fibers. The claim of Johnson & Johnson that its “Baby Powder is safe, does not contain asbestos, and does not cause cancer" is an exercise to save itself from liabilities emerging out of fatal diseases caused by the consumers of its asbestos laden talc powder.

In this regard it is relevant to note that responding to questions about safety of talcum powder and whether talc contains harmful contaminants, such as asbestos, in January 2022, USA’s Food and Drugs Administration (USFDA) released a White Paper and technical appendices on testing methods for asbestos in cosmetic products containing talc. Talc is an ingredient used in many cosmetics, from baby powder to blush. Subsequently, on August 11, 2022, Johnson & Johnson announced that its “talc-based JOHNSON’S® Baby Powder will be discontinued globally in 2023.”

I wish to submit a study titled "Asbestos in commercial Indian talc" published in the American Journal of Industrial Medicine which states that “this product study of various talcum powders marketed to combat prickly heat, purchased from Indian retailers both over‐the‐counter and online, demonstrates the ease of general population access to such products and the potential for significant exposure to asbestos. The analytical results of this study confirm that asbestos exposure of the Indian and potentially greater Southeast Asian populations is not limited to traditional occupational settings.” The findings of this study “imply that the asbestos‐related medical and public health implications to consider will need to extend to persons of both genders and all ages among this population group. This study's confirmation of an underappreciated source of asbestos exposure, through personal care products, also highlights the risk that anyone within breathing range of these aerosolizeable, contaminated, talcum products incurs.” The authors of the study observe, “"Until asbestos is also viewed as a hazard in India and banned, there will still be considerable risk to health." There is a need to identify the source of their talc supply as well.

 

(Reference:Fitzgerald S, et al. Asbestos in commercial Indian talc. American Journal of Industrial Medicine. 2019; 1‐8. https://doi.org/10.1002/ajim.22969)

 

I submit that the World Health Organisation (WHO)’s International Agency for Cancer Research (IARC) has recognized the presence of asbestos in talcum powder. IARC Monograph on the Evaluation of Carcinogenic Risks to Humans on Carbon Black, Titanium Dioxide, and Talc (2010) refers to the presence of asbestos in talcum powder. It also refers to "Use of talc for feminine hygiene". The use of body powder for feminine hygiene can be estimated from the prevalence reported for controls in case–control studies that investigated the association between the use of cosmetic talc for feminine hygiene and the risk for ovarian cancer. It refers to exposure to respirable dust during the use of talcum powders on the face, body and babies. Talc is used as a surface lubricant on the majority of condoms manufactured; contact with condoms may also represent a direct means of exposure of the female genital tract to talc. Exposure to talc can also occur during surgical procedures when using powdered gloves. Talc particles were observed in the navels of small children, in the testes, on the vocal cords, in the urinary bladder tract and after removal of varicous veins. Besides this the Food Chemical Codex (2003) provides specifications for food-grade talc, including the statement that “talc derived from deposits that are known to contain associated asbestos is not food grade.” Under the voluntary guidelines initiated in 1976, the Cosmetic, Toiletry, and Fragrances Association stated that all cosmetic talc should contain at least 90% platy talc (hydrated magnesium silicate) that is free from detectable amounts of fibrous, asbestos minerals. Meanwhile, some 67 countries have banned all kinds of asbestos. World Health Organisation (WHO)’s recommendations have established the infectious nature of Covid-19, the same WHO has underlined that “All types of asbestos cause lung cancer, mesothelioma, cancer of the larynx and ovary, and asbestosis (fibrosis of the lungs).”

(Reference: https://www.who.int/ipcs/assessment/public_health/asbestos/en/ and https://www.who.int/news-room/fact-sheets/detail/asbestos-elimination-of-asbestos-related-diseases)

 

Fitzgerald S. et al observe, “With products of this nature being readily available and appealing to both genders, it is necessary to consider what the potential health risks and burdens of disease are for millions of exposed women of childbearing age and the children for whom they provide care. IARC has confirmed the causal association of asbestos with ovarian cancer and other cancers”.

 

I submit that the ministry ought to recommend health audit of all Indians who have been using asbestos laden talcum powder and recommend adequate compensation for those who are suffering from asbestos related diseases. This will be also relevant for assessing the harm which the unsuspecting consumers continue to face. These consumers include all judges, legislators, officials, their children and grandchildren and the residents of India.

 

I wish to point out that an investigative report titled “Johnson & Johnson knew for decades that asbestos lurked in its Baby Powder” was published on December 14, 2018 is noteworthy for protecting the human rights of Indians. The investigation was conducted by Reuters, an international news agency headquartered in London. This investigative report is consistent with the findings of a study by India’s Industrial Toxicology Research Centre (IITR), Lucknow, a constituent laboratory of Council of Scientific & Industrial Research (CSIR), Ministry of Science and Technology, Government of India on “Exposure risk to contaminants in pharmaceutical and cosmetic powders” has found that “There are different types of cosmetic powders such as body powder, baby powder, face powder, eye shadow and powdered blush as well as pharmaceutical powders available in the market. Both the sexes of all age groups are using these powders. These are talc - based. Talc is a mineral product and often contaminated with asbestos fibres.”

 

The aim of the IITR study “was to investigate the safety of such powders being sold in the market, initially by analyzing the asbestos content. Five branded samples of talcum powder were analysed and all were found contaminated with asbestos fibres. Asbestos fibre contamination in these powders ranged from 10.3 – 15.4%. Fibre length study on two samples revealed that asbestos fibres were 22.8 – 34.7%, 48.2 – 55.1% and 17.1 – 22.1% in the range of <10µm, 10 – 20µm, and > 20µm, respectively. The study indicates risk of human exposure to asbestos through the use of naturally contaminated talcum powder. It is noteworthy that asbestos takes many years to cause asbestosis and carcinogenic malignancies which are irreversible. It also necessitates a regular monitoring and surveillance on all the cosmetic and pharmaceutical powders being marketed for asbestos contamination.” This has been published in the Annual Report Annual Report 2005-2006 of IITR. IITR is accredited by National Accreditation Board for Testing and Calibration Laboratories (NABL) for chemical and biological testing and is recognized for GLP (Good Laboratory Practice) toxicity testing.

 

(Reference:http://www.itrcindia.org/ITRC_Annual_Report_2005-06.pdf )

 

The investigation by Reuters corroborates the findings of IITR. This recent investigation was undertaken in the wake of three verdicts in New Jersey, California and St. Louis awarding compensation to plaintiffs who blamed asbestos-tainted Johnson & Johnson talc products for their mesothelioma, a type of cancer that develops from the thin layer of tissue that covers many of the internal organs. The connection between asbestos exposure and mesothelioma was discovered in the 1970s. The third verdict was a watershed in in St. Louis: The 22 plaintiffs were the first to succeed with a claim that asbestos-tainted Baby Powder and Shower to Shower talc, a longtime brand the company sold in 2012 that caused ovarian cancer, which is much more common than mesothelioma. The jury awarded them $4.69 billion in damages. Most of the talc cases have been brought by women with ovarian cancer who say they regularly used Johnson and Johnson talc products as a perineal antiperspirant and deodorant. The inclusion of ovarian cancer besides mesothelioma has broadened the potential liability of Johnson & Johnson.

 

I wish to submit that prior to the Reuters report, a 2014 paper published in the International Journal of Occupational and Environmental Health titled "Asbestos in commercial cosmetic talcum powder as a cause of mesothelioma in women" by Ronald E Gordon et al concluded "we found that a specific brand of talcum powder contained identifiable asbestos fibers with the potential to be released into the air and inhaled during normal personal talcum powder application. We also found that asbestos fibers consistent with those found in the same cosmetic talc product were present in the lungs and lymph node tissues of a woman who used this brand of talc powder and developed and died from mesothelioma. This study was published in October 2014.

 

(Reference: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4164883/)

 

I submit that your intervention is required in the light of the judgment of Supreme Court in Consumer Education and Research Centre (CERC) Vs Union of India (1995 AIR 922, 1995 SCC (3) 42) that recognized right to health as part of right to life and had directed central and state governments to revise their law related asbestos in keeping with fresh resolutions of International Labour Organisation (ILO). ILO’s asbestos related resolution of June 2006 is relevant in this regard.

 

(Reference:https://www.ilo.org/safework/info/standards-and-instruments/WCMS_108556/lang--en/index.htm) 

 

I submit that the ILO resolution was followed by a joint publication of WHO and ILO titled "Outline for the Development of National Programmes for Elimination of Asbestos-Related Diseases" published in December 2007. It creates a logical compulsion for urgent remedial action.

 

(Reference:https://www.ilo.org/global/topics/safety-and-health-at-work/resources-library/publications/WCMS_108555/lang--en/index.htm)

 

I wish to submit that the ministry should consider recommending a stoppage of the continued sale of existing inventory of talcum powder of all brands through retailers.

 

Therefore, I earnestly request you to consider recommending to the Union government departments and State governments to prevent preventable diseases and deaths by banning all these talcum powder products along with all asbestos based products with immediate effect, instead of waiting for all the companies to withdraw their licenses for manufacture of asbestos-laden talcum powder products-both baby powder and adult powder and asbestos based products.

 

Thanking you

 

Yours faithfully

Dr. Gopal Krishna

Advocate