8/1/16

Toxic Flame Retardants & Consumer Fraud
Ellie Goldberg, ellie.goldberg@gmail.com

Credit: CLEAN WATER ACTION

Can Massachusetts’s consumer protection laws help families get rid of furniture and children’s products contaminated by toxic flame retardants?

Can our families and firefighters get the same type of action from federal agencies that got refunds for car buyers and restitution for environmental damage from Volkswagen?

They Bamboozled the Public and Policy Makers

For forty years, three chemical companies and the tobacco industry made false claims that chemical flame retardants would stop fires when added to the foam of household furniture and products. They deliberately deceived the public and policy makers just as Volkswagen tricked millions of people when they sold cars rigged to ​give false emission test results.

In fact, the way these chemicals were used, they do nothing to protect us from fires.

And, the evidence continues to grow that links these toxic chemicals to cancer, learning disabilities, thyroid disease, infertility and other health problems. (See the award-winning 2012 Chicago Tribune investigative series "Playing With Fire" and the movie Toxic Hot Seat.)

A Hazard to Children and Fire Fighters

The chemicals break down into dust that is easily inhaled and swallowed, especially by children and infants at their most critical periods of development. Due to their widespread use in everyday consumer products, flame retardant chemicals are rapidly accumulating in our bodies and in soil and water—such as the Great Lakes—all over the globe. (Children’s Car Seat Study)

And firefighters have 2 to 3 times more flame retardants in their bodies and “fire fighters have higher rates of cancer than any other profession. No less than 60 percent of career firefighters will die this way, “with their boots off.” ( Letter to the Editor, Sun Chronicle, July 8, 2016, Paul W. Jacques, Professional Fire Fighters of Massachusetts )

Updating the laws

Starting in 2013, when California updated its flammability standards, manufacturers started making furniture and products that are more effective at preventing fires in real-world conditions without the use of toxic flame retardant chemicals. And, retailers have started to sell furniture without toxic flame retardants.

In Massachusetts, public health advocates campaigned for H4241/S2302, the Bill to Protect Children, Families, Firefighters from Toxic Flame Retardants. It did not pass in the legislative session that just ended July 31. To stay informed on the campaign follow the Alliance for a Healthy Tomorrow (HealthyTomorrow.org) @Healthy Tomorrow MA and www.facebook.com/healthytomorrow.

Consumer Action?

However, even if the bill had passed, only those of us who can afford to replace the contaminated couches, mattresses and children’s items will benefit from new safety standards. That leaves millions of us living with contaminated couches, mattresses and children's car seats, changing table pads, crib mattresses, nap mats, nursing pillows and other products -- living with fear about the ongoing exposure and increasing body burden of toxic chemicals.

Car Buyers Can Get Their Money Back. Why Not Couch Buyers?

Federal agencies representing car buyers not only won one of the largest consumer class action payouts in American history but require Volkswagen to pay restitution for the environmental damage it caused.

Volkswagen admitted that its diesel cars had been designed to cheat air-quality tests. ( Volkswagen to Pay $14.7 Billion to Settle Diesel Claims in U.S. JUNE 27, 2016 ) Volkswagen will pay up to $14.7 billion to settle emissions-cheating claims with regulators and owners of nearly 500,000 diesel-powered vehicles. Volkswagen has to buy back and/or compensate the cars from its victims. (Compensating Volkswagen’s Victims JUNE 28, 2016.)  

American owners of nearly 500,000 Volkswagen cars will be able to sell their vehicles back to the company at their pre-scandal value or have them repaired. In addition, owners will receive between $5,100 and $10,000 in compensation for having been misled. Volkswagen also agreed to pay $2.7 billion into a fund that will be used for projects to mitigate the environmental damage caused by its cars. And the company will invest $2 billion over the next 10 years in zero-emissions vehicle infrastructure like charging stations for electric cars. The company also announced a separate $603 million settlement with 44 state governments, the District of Columbia and Puerto Rico.

Can we get our money back?

Like Volkswagen, the chemical companies deliberately lied. They committed fraud. They knowingly conspired to create and sell hazardous products.

Can Massachusetts consumer protection law require producer take-back and retailer refunds to help us get rid of our contaminated furniture and children’s products? (Reference “A Massachusetts Consumers Guide to Shopping Rights”)* Can consumer protection laws require retailers to disclose to buyers the presence of toxic flame retardants in current inventory?

__________________

Reference Notes:

* The Massachusetts law requires “Truth in Advertising and Sales.”

Disclosure: Under state law, a merchant must tell you about any fact that may influence your decision to enter into the transaction. For example, a used car dealer should disclose that a vehicle was in a serious accident (940 CMR 3.16(2)).

Misrepresentation:  A merchant may not make a claim about a product or service that would mislead you. It's also illegal for a merchant to mislead you by failing to tell you relevant information about a product or service (940 CMR 3.05(1)).

Implied Warranty of Merchantability

Under the implied warranty of merchantability, the merchandise must do what it was designed to do with reasonable safety, efficiency and ease, and for at least a reasonable period of time. Every item sold by a merchant in Massachusetts automatically comes with the implied warranty of merchantability.  Under this law, a merchant cannot sell merchandise "as is", "with all faults", or with a "50/50" warranty. (M.G.L. c. 106, §2-314)

Breach of Warranties

Under state law, it is an unfair or deceptive act or practice to fail to honor a warranty. (M.G.L. c. 93A, §2(c), 940 CMR 3.08 (2))

Refund, Return and Cancellation Policies

Massachusetts law requires that a merchant clearly and conspicuously disclose the store's refund, return, or cancellation policy. A merchant cannot misrepresent the store's policy or fail to honor it. Generally, clear and conspicuous disclosure means that the merchant must display a written return policy that the buyer can see and understand before the purchase is made. As long as the product is not defective, a merchant can choose any return policy, provided the merchant discloses this policy to the buyer before the purchase. Stating the policy on the receipt would not satisfy this disclosure requirement, because it is not provided until after the sale. ( M.G.L. c. 93A, §2(c), 940 CMR 3.13(2)).

Defective Merchandise  

A store cannot use its disclosed policy to refuse the return of defective merchandise. When the item purchased is defective, you can choose a repair, replacement or refund. This right is contained in the Implied Warranty of Merchantability law. Under that law, merchants cannot limit your remedies. In addition, this means that if a merchant chooses an "All Sales Final" return policy, it must disclose that policy without limiting your rights. For example, the disclosure of the return policy must be similar to a posting which reads:
"All Sales Final, With the Exception of Defective Goods." (940 CMR 6.12)

Merchandise Credits

When a store issues a merchandise credit for returned goods, you have at least seven years from the date of issue to redeem the credit . (M.G.L.c. 93§14S )  
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"...we want to make clear to all auto manufacturers that violating laws designed to protect our environment and our public health is unacceptable and will be punished with significant penalties," said Massachusetts Attorney General Maura Healey.

In the latest development in the ongoing Volkswagen emissions scandal, the state of New York just slapped VW with a lawsuit for deliberately installing emissions-cheating devices in diesel cars. At a press conference today in New York City, Attorney General Eric T. Schneiderman said, “the company sold over 25,000 cars to New Yorkers looking to buy a clean and green vehicle, and we know that those statements were nothing but lies.” The lawsuit is joined by an additional suit from Massachusetts, which alleges that VW sold over 40,000 vehicles with emissions “defeat devices” in the two states. ...

4/28/16

Don't Spray 'Em. Outsmart 'Em. 
Question to Green Newton: ​Can anyone recommend a natural product, or a company that uses natural products, that is effective in treating our yard for mosquitoes? I could not enjoy the summer evenings last year due to getting bitten like crazy!!!​ Thanks.
Worried about mosquitoes? Many people mistakenly assume that mosquito control is all about pesticides. Not so. Just say KNOW! American Mosquito Control Association, 1999.

Dear Neighbor,

Using pesticides -- even "natural" products -- can create a false sense of security and do little to stop mosquito bites while poisoning your family, neighbors, pets, birds and beneficial insects.
 

We can make smarter safer choices by learning about the varieties of insects in our area, the type of habitats they prefer, and the seasons and time of day they are most active.

As the climate changes, we can evaluate, re-design and manage our homes, yards and public areas for the new conditions such as ensuring appropriate drainage for torrential downpours to avoid standing water that become breeding sites for mosquitoes.

Most important, correct any breeding sites in and around the home. Adjust your activities to times and locations that avoid mosquitoes when they are most active. Avoid wearing scented products and other attractants.

If you feel like a mosquito magnet, consider using an insect repellent but choose and use it wisely. Read the most up-to-date research on repellent effectiveness, limitations and safe application for babies, kids, adults and pets.

Be wary of friends or websites that recommend folk remedies or homemade off-label uses of products from unscientific or informal sources. 

The effectiveness of any product or chemical depends on the product, your own biology and a host of factors that you don't know or control. 

An ineffective product can increase your risk of getting bitten and the risk of a serious illness. An oil or the herb might not be harmful although many plants are and can lead to allergic reactions.

When I want to enjoy my unscreened back porch and yard I set up a fan to blow the bugs away. 
“Mosquitoes are weak flyers and will not be able to navigate properly against or within the air stream” Joseph Conlon, American Mosquito Control Association. 
--  Ellie, April 28, 2016

2/8/16


 

Buyer Beware Of 3-D Printer Emissions
Source: Chemical & Engineering News, January 25, 2016
Author: Jyllian Kemsley 

As costs of three-dimensional printers drop and the devices increasingly make their way into offices, schools, and homes, users should consider how to limit exposure to emissions of particles and gases in the space where the printer is located. This caution stems from research by a team led by Brent Stephens of Illinois Institute of Technology and Neil E. Crain of the University of Texas, Austin ... . The researchers tested the emissions of five commercially available desktop 3-D polymer-extrusion printers for ultrafine particles, which have a diameter less than 100 nm, and volatile organic compounds, including caprolactam and styrene. They used the printers to make a standard part from nine different polymer filament starting materials. The emissions varied more by the type of material than they did by the type of printer. Modeling the emissions in a 45 m3 air-conditioned office, the team predicts that caprolactam and styrene would reach concentrations that could be harmful to health.
Read more...

See original article in Environmental Science & Technology, "Emissions of Ultrafine Particles and Volatile Organic Compounds from Commercially Available Desktop Three-Dimensional Printers with Multiple Filaments".
BPS, like BPA, disrupts estrogen and thyroid hormones.

BPA-free plastic alternatives may not be safe as you think   by Sandee LaMotte February 1, 2016, CNN http://www.cnn.com/2016/02/01/health/bpa-free-alternatives-may-not-be-safe/index.html

BPA-free alternatives may be no safer than BPA, say researchers.   Most common alternative, BPS, linked in study to disruptions of estrogen and thyroid hormones

(CNN)Your "BPA-free" plastic product may be no safer than the product it replaced, says a new UCLA study that analyzed the impact of a common BPA alternative on zebra fish embryos. The study joins a small but growing group of similar research sounding the alarm about so called "BPA-free" alternatives.

"Our findings are frightening and important," said senior author and reproductive endocrinologist Nancy Wayne. "Consider it the aquatic version of the canary in the coal mine."

After decades of animal research linked BPA (Bisphenol A), a known endocrine disruptor, to problems with brain and reproductive development, early puberty and a rise in breast and prostate cancer, many manufacturers stopped using the chemical to harden plastics, replacing it with "BPA-free" alternatives. The most common replacement is BPS (Bisphenol S), said Wayne....
...The Breast Cancer Fund recommends that consumers wishing to limit exposure to possible toxins in BPA, BPS and other alternatives use glass, stainless steel and food safe ceramic containers for food and water storage. They stress that it's not safe to microwave in plastic. Other suggestions include using gloves to handle thermal paper receipts, and researching canned goods to find those that no longer use plastic liners.

12/17/15

FOR IMMEDIATE RELEASE

Massachusetts Legislators submit letter to United States Consumer Product Safety Commission

Tire crumb rubber and rubber mulch request for regulation and analysis submitted
 
December 16, 2015 -  Massachusetts delegates including Senator Karen Spilka, State Representatives Jeff Roy and John Fernandes have requested the Consumer Product Safety Commission (CPSC) regulate interior and exterior use of crumb rubber as a children's product due to exposure on playground and artificial turf fields.

Tire crumb rubber and rubber mulch is used in playgrounds and turf fields across the U.S. The usage began in the 90s as a way to dispose of used tires. Typically, the fields and playgrounds are sold to a city or state with promise of less maintenance and increased playtime,  yet the tire derived materials have never been evaluated by the CPSC for exposure risk to users.

The delegate's letter to the CPSC requests analysis to offer concrete conclusions and recommendations to ensure the safety of children and adults who use crumb rubber and turf fields. Specifically, the delegates requested the CPSC investigate:
  • Identifying potential hazards resulting from ingestion and inhalation of toxins released from crumb rubber during heat spikes and outgassing;
  • Detecting the existence of known human carcinogens;
  • Locating the presence of lead and other toxins;
  • Examining any danger presented by the natural aging and decomposition; and
  • investigating any potential risks to child or adult users.
---------------
 
Thanks to Nancy Alderman for forwarding this announcement.
 
Nancy Alderman, President
Environment and Human Health, Inc.
1191 Ridge Road
North Haven, CT   06473
(phone) 203-248-6582
(Fax)     203-288-7571

8/27/15

Community Air Monitoring Training: Videos Now Available 

July 9, 2015, EPA’s Community Air Monitoring Training was held at the Agency’s Research Triangle Park campus (RTP). The purpose of the training workshop was to share tools used to conduct citizen science projects involving Next Generation Air Monitoring (NGAM) technology and to educate interested groups and individuals on best practices for successful air monitoring projects.

The videos from the morning presentations are now available on the Community Air Monitoring Training, and are part of the Air Sensor Toolbox for Citizen Scientists and intended to serve as resources for anyone interested in learning more about monitoring air quality. Please feel free to share the link with others: www2.epa.gov/air-research/community-air-monitoring-training. Also, check out the blog announcing the video release.

Direct links to the videos are available here: Air Quality Monitoring and Sensor Technologies by Ron Williams, project Lead for EPA’s Office of Research and Development emerging technology research area. How to Start a Citizen Science Program by Liz Barry, Co-founder and Director of Community Development at the Public Laboratory for Open Technology and Science. Citizen Science Study Design by Rachelle Duvall, Research Physical Scientist in EPA’s Office of Research and Development. Data Measurement, Management, Quality, Uncertainty by Bob Judge, Air Monitoring Team Leader in EPA’s Region 1 Office in Boston. Quality Assuranceby Ron Williams, Project Lead for EPA’s Office of Research and Development emerging technology research area. Short Term Measurements and Air Quality Messaging/ Regulatory Requirements for Data by Kristen Benedict, Atmospheric Scientist in EPA’s Office of Air Quality Planning and Standards.

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6/16/15

Our Health Comes First. Ban Leaf Blowers
Good Health Is Good Business  
From Ellie Goldberg, Newton, MA 02459 6/5/15
TO: kdean@newtonma.gov, Program and Services Committee, Newton Aldermen
RE:  Proposed Ordinance #31-15 (LEAF BLOWERS)
~~~~~~
We share the air. Let's take BETTER ACTION NOW (BAN).

We need a public health policy based on an ethic of community that sets a high standard for health protection and pollution prevention.

I hope you agree that it is unacceptable that in a short fifteen-minute early morning walk to the Newton Center T station from my home you would walk through the gritty fog created by from five to ten crews each using multiple leaf blowers.    

We need to stop the use of leaf blowers to protect us all from the deafening barrage of noise and noxious clouds of fumes, particulates, pesticides, feces, mold and pollen that assault us not only when we are outside but that come through our windows into our homes.  

Please do not be confused by business owners who defend leaf blowers as a wonderful innovation and claim that it is more efficient to use leaf blowers or that they would need to charge higher fees.

That claim reminds me of a phone call I got when I started working to try to stop Newton's use of pesticides on the school playing fields and parks. The angry caller told me that her family depended on her husband's job as a pesticide applicator. I told her that I support pest control professionals who are knowledgeable about preventative and corrective measures, but that I do not accept that a business has a license to poison my children or her children.

In fact, the use of leaf blowers indicates an ignorance of or indifference to good horticultural principles and safe practice. For example, the landscape crew that works across the street from me often has three or more leaf blowers going at the same time, often chasing just a few leaves off a driveway. Then they stroll up the street to another client, leaf blowers going, spewing street debris, mold spores, weed seeds, and fungal diseases on gardens and lawns far and wide.

A full ban would protect even those neighbors who ignore the damage and distress they cause themselves and others.  And it would protect the workers who are the most exposed to the air pollution and noise. Most often they work with no personal protection equipment. We know they will live with the lung damage and hearing loss for the rest of their lives.  

A full ban on leaf blowers would show that Newton values our health and supports those local professionals whom we can trust to safeguard our health and the health of our landscapes. 

Good health is good business.  I support a full ban on leaf blowers and urge you to take 
BETTER ACTION NOW.
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6/11/15

The more they dig, the more they find: DDT cleanup continues for mid-Michigan town. http://www.environmentalhealthnews.org/ehs/news/2015/jun/michigan-superfund-ddt-epa-birds-health-pesticide
Federal, state officials are making progress cleaning up harmful chemicals in St. Louis, Michigan, but more work remains and there is still no health study.*
June 11, 2015 By Brian Bienkowski Environmental Health News

ST. LOUIS, Mich. — During recent summers birds were found littered around the town, poisoned with a long-banned pesticide.

This summer? The school athletic grounds, where kids practice football and softball, are being dug up after it was discovered they too are contaminated with DDT.

It is the latest chapter in a seemingly endless effort to rid this small, rural mid-Michigan town of toxic chemicals that have plagued it since the 1960s. And, despite wildlife deaths and some lawns contaminated to levels deemed harmful to humans, no one is conducting health testing on DDT exposure in the community.

Schoolyard contamination
St. Louis, an hour drive north of state capital Lansing, has long dealt with contamination left behind by the Velsicol Chemical Corp., formerly Michigan Chemical, which manufactured pesticides until 1963 and abandoned loads of DDT, which was banned 40 years ago.


The pesticide was made famous by Rachel Carson’s book Silent Spring, which exposed the hazards of DDT, especially for birds, in 1962. Populations of bald eagles and other birds crashed when DDT thinned their eggs, killing their embryos. Exposure also has been linked to multiple health problems in humans, especially developing babies.

*Read full article