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Louisiana Asbestos Abatement Inspector Pleads Guilty

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The U.S. Attorney in New Orleans says a contractor has plead guilty to a theft charge for defrauding a Louisiana school system out of more than $200,000.   Federal prosecutors alleged that from 2015 to 2017, a Louisiana asbestos abatement inspector submitted false asbestos reports to Louisiana’s Terrebonne Parish School Board (TPSB.) The charges alleged that not only were lab reports faked, but the signature of an accredited asbestos inspector was forged.

Filing false asbestos reports is a federal crime

Prosecutors alleged this is not the first time he falsified documents. In 2013, the same individual received 12 months’ probation and was required to pay $3,040. to the Louisiana Department of Environmental Quality and a $100 fine when he plead guilty to falsifying documents provided to the Louisiana Department of Environmental Quality (DEQ.)

When the 12 months of probation were completed, the defendant began contracting work for the TPSB. Federal charges allege that fabricated asbestos laboratory reports were filed for fees totaling approximately $212,618.26. These funds came in part from federal funds provided to the TPSB.

A sentencing hearing is set for December 16, 2020..

Why is this crime important?

If the reports were falsified, that means for at least two years testing was not performed at schools in Terrebonne Parish. Many older school buildings have at least some asbestos – ceiling tiles, insulation, mastic and more. Left undisturbed, these products do not pose a health hazard. But, if there is remodeling or repair, fibers can be released into the air leading to inhalation.

There is no safe level of asbestos exposure. Over two years, there was a potential for work which disturbed existing asbestos containing products. Improper asbestos abatement with no air monitoring is dangerous and creates a health risk.  There is no safe level of exposure to asbestos and even low level exposures can increase the risk for development of mesothelioma, lung cancer and asbestosis.

What can you do to prevent false asbestos abatement reports?

Whether responsible for a school district, business, or your own home, check credentials of anyone monitoring, abating, or working on a building that possibly has asbestos. Any building built before 1980 should be tested for the presence of asbestos-containing materials before major remodeling or demolition work.

FDA Examined Asbestos Testing in Talc Products

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It was 1971 the last time the U.S. Food and Drug Administration (FDA) examined asbestos testing in talc products in powders and cosmetics. The subject came to the forefront after finding traces of asbestos in several talc cosmetics and powders including a bottle of Johnson & Johnson’s Baby Powder, toy makeup kits for children from IQ Toys and other products, among them crayons and other makeup marketed to children and preteens over the past few years.

Why asbestos testing after almost 50 years?

The talc industry has long operated with little oversight from the FDA. In fact, manufacturers of talc products have no requirement to test for asbestos even now.

There has been a growing outcry from the public to ensure talc is clear of any asbestos as more and more people have pointed to asbestos-containing talc as the cause of various cancers. Recommendations were published last month from a panel of government experts. These experts were public health authorities and knowledgeable authorities on asbestos who defended plaintiffs who alleged contaminated talc products caused their cancers. They, and others, requested a “thorough review of the most effective and reliable ways to test for asbestos in cosmetic talc.”

Despite evidence to the contrary, industry groups criticize the recommendations asserting these would not improve safety. Johnson & Johnson (J&J) continues to defend the safety of its talc. They cited no asbestos was found in the samples provided to the labs hired by J&J. However, a 2018 Reuters report proved J&J knew for decades their raw talc and powders did test positive for asbestos, but they did not report that to the FDA.

How are asbestos and talc connected?

When mined, the two minerals are often found in the same areas. Collecting only talc is difficult. Both minerals have such small particles that they can be inhaled into the lungs and cause diseases such as mesothelioma and lung cancer.

At the February 4th hearing, a government toxicologist said, “a wide range of spear-shaped mineral particles – including but not limited to asbestos – can start the development of cancer and should be part of any new testing regime.

What are EMPs?

While milling talc, the process breaks down contaminants into elongated mineral particles (EMPs). A senior adviser with the National Institute of Environmental Health Sciences, Christopher Weis, stated at the meeting, “All EMPs have the ability to trigger” development of cancer and other diseases. “Short EMPs are not conventionally counted or included in lab reports. As a toxicologist, this is unacceptable.”

On the other side, Mark Pollak COO of a 600 member trade group, the Personal Care Products Council, said counting more mineral particles as potentially harmful is not supported by science and could provide misleading reports.

What happens with asbestos testing now?

According to Dr. Linda Katz, director of the FDA’s office of cosmetics and colors, experts from the FDA and other agencies will publish a white paper after a continued study on these issues. The date of the white paper is unknown and there is no deadline for deciding if there will be new rules on testing.

Scott Faber, senior vice president for government affairs at the Environmental Working Group (EWG), implored the FDA to advocate for more stringent testing and recommended a warning label be affixed to talc products to alert consumers to the possibility of asbestos present in the talc. Faber said at the hearing, “It’s time to end the honor system which has failed consumers for so long. Let’s not wait another 50 years to finally protect consumers.”

FDA Affirms Asbestos Found in Cosmetics Targeting Teens

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Asbestos found in cosmetics targeting teens and preteens continues to be a problem in a statement from the Food and Drug Administration (FDA) this week. This affirmation is the result of testing performed by U.S. PIRG, a consumer advocate group, in both 2017 and 2018. These three branded cosmetic products from Claire’s and one sold by Justice, were among those tested in 2017 and again in 2018. The Claire’s products tested positive for tremolite asbestos in 2018 as did the Justice product.

Why is asbestos found in cosmetics harmful?

After years and decades of testing, it is proven than there is no safe level of exposure to asbestos. Asbestos that is in solid form, such as shingles, left untouched is a potential danger, but asbestos that is loose, as found in powders and other cosmetics, is definitely dangerous. These products are easily inhaled or ingested which can lead to lung cancer and even mesothelioma – a deadly disease. In addition, these products targeted young girls, still growing and developing.

Claire’s rebuttal

In all testing, Claire’s contends there is no danger and that the U.S. PIRG report is faulty and misleading. In their independent testing, no asbestos fibers were found, however they have not disclosed their testing methodologies or results.

Claire’s spokeswoman, Melanie Berry said in a statement, “The FDA test reports have mis-characterized fibers in the products as asbestos, in direct contradiction to established EPA and USP criterion for classifying asbestos fibers.” “Despite our efforts to discuss these issues with the FDA, they insisted on moving forward with their release. We are disappointed that the FDA has taken this step, and we will continue to work with them to demonstrate the safety of our products.”

Claire’s filed for bankruptcy in the US in March 2018 and came out of it in October of 2018

FDA response

“Our lab is accredited by the U.S. National Institute of Standards and Technology NVLAP program. The FDA used a lab on this accredited list for their cosmetics testing for asbestos (AMA Analytical Services) as well as another lab on the list, STAT Analysis Corporation.”

Why are cosmetic companies allowed to sell these products?

The FDA cannot force a company to remove asbestos-laden products because there are no laws requiring testing cosmetic products for safety. “The FDA is today announcing the results of these tests. Those tests confirmed the presence of asbestos in three of the product samples collected from Claire’s and one of the product samples collected from Justice. All suspect Justice products, including the one testing positive for asbestos, were previously recalled from the market in 2017. The FDA issued a Safety Alert today warning consumers to discontinue use of three Claire’s products: Claire’s Eye Shadows – Batch No/Lot No: 08/17; Claire’s Compact Powder – Batch No/Lot No: 07/15; and, Claire’s Contour Palette – Batch No/Lot No: 04/17 because they tested positive for asbestos.

In an FDA press release published on March 5, 2019, the following statement was made, “The FDA requested that Claire’s recall the products because they should not be used by consumers. Claire’s has refused to comply with the FDA’s request, and the agency does not have authority to mandate a recall. The FDA is therefore warning consumers not to use these products and will continue to communicate our safety concerns about them.“

Until laws requiring testing are enacted, the FDA requests cosmetic firms to take voluntary measures to register in the FDA’s Voluntary Cosmetic Registration Program (VCRP.) The FDA also asks manufacturers to voluntarily report any negative effects involving cosmetic products.

While the FDA was told there are no more asbestos-tainted products in the Claire’s stores, they caution anyone who has them in their homes should stop using them.