Legal News Watch - Consumer Rights Blog

DuPont Under Fire for Teflon Chemical PFOA

August 10th, 2004 · 3 Comments

Environmental Working Group last week called on the U.S. Environmental Protection Agency to fine DuPont for illegally hiding information about the risks of injury from the synthetic chemical Perflourooctanoic Acid (PFOA), which is used to manufacture some Teflon products.

Teflon is one of DuPont’s most valuable assets, but it’s potentially a huge liability for the company.

Last month the EPA filed a complaint against DuPont for allegedly withholding a human birth defect study and water contamination data, from the agency, regarding PFOA from June of 1981 through March of 2001.

The agency charged the company with two violations of the Toxic Substances Control Act (TSCA) and one violation of the Resources Conservation and Recovery Act (RCRA).

Companies are required by TSCA to report such information immediately.

EPA has the authority to seek a penalty of $25,000 per day for violations occurring before January 30, 1997, and up to $27,500 per day for violations occurring thereafter, for each day that DuPont failed to report the information. The total penalty could add up to $300 million.

DuPont said last month it would file a formal denial to the complaint issued by the EPA over its alleged failure to comply with the technical reporting requirements of the TSCA and RCRA regarding PFOA.

“This is not about the safety of our products,” said DuPont General Counsel Stacey J. Mobley. “It is about administrative reporting. Furthermore, we believe that a decision against DuPont in this matter would redefine TSCA and RCRA reporting requirements and would not prevail under the scrutiny of the courts.”

PFOA is used in the manufacturing process for fluoropolymers, including some Teflon products, at DuPont’s Washington Works facility in Washington, West Virginia.

In 1981, DuPont observed PFOA in blood samples taken from pregnant workers at the Washington Works facility and at least one woman had transferred the chemical to her fetus, the EPA said in a statement. DuPont detected the chemical in public water supplies as early as the mid-1980s in West Virginia and Ohio communities in the vicinity of the Washington Works facility. By 1991 DuPont had information that the chemical was in water supplies at a greater level than the company’s exposure guidlelines indicated would be without any effect to members of the community. In 1997, DuPont failed to provide EPA with all toxicological information the company had regarding PFOA, despite an EPA request for such information under the terms of an EPA-issued RCRA permit. An attorney working on a class action suit on behalf of citizens in Ohio and West Virginia brought this information to the EPA in 2001.

DuPont said: “The evidence from over 50 years of experience and extensive scientific studies supports our conclusion that PFOA does not harm human health or the environment,” Mobley said.

DuPont asserts that there is no legal basis for the EPA’s allegations. The company contends that it has fully complied with statutory reporting requirements and disputes any association between PFOA and harmful effects on human health or the environment.

But a new study coming out in Environmental Science & Technology (ES&T) finds the Teflon chemical PFOA in people’s blood on four continents, the EWG wrote in its letter to Tom Skinner, Acting Administrator for the EPA’s Office of Enforcement and Compliance Assurance.

“If DuPont had complied with the TSCA 8(e) reporting requirement over twenty years ago, we believe it is reasonable to assume that EPA would have taken regulatory action decades ago to prevent or reduce the release of PFOA into the environment, preventing or reducing what is, by this point, human contamination on a planetary scale,” wrote Dr. Timothy J. Kropp, EWG Senior Scientist.

EWG renewed its request for the EPA to levy a fine that takes into account the decades of profits Dupont accrued while it allegedly withheld studies from the Agency, Kropp wrote.

“Even the maximum fine of $313 million would be less than two years’ worth of net DuPont profits from Teflon sales,” Kropp said.

(via U.S. Environmental Protection Agency)

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Tags: Perfluorooctanoic Acid PFOA

3 responses so far ↓

  • Ronald Eheman // Sep 2, 2004 at 1:09 am

    C8, fibromyalgia, Chronic Fatigue Syndrome, Gulf War Syndrome. Mystry illnesses.

    Is there a common thread? I believe there is. lets look at some of the things this site is watching.

    Bacol, Fen Phen, Prozac, Paxil, PFOA, - what do they have in common?

    Fluoride

    Want to know about the greatest chemical cover-up ever? read ” The Fluoride Deception”

    I found out my health problems and started the only support group on the web

    http://health.groups.yahoo.com/group/FluoridePoisoning/

    Here is my first post

    http://health.groups.yahoo.com/group/FluoridePoisoning/message/3

    Date: Thu Nov 21, 2002 7:59 am

    Subject: Ron’s Story -Short Version

    ADVERTISEMENT

    I’m a:

    WomanMan

    Seeking a:

    ManWoman

    Age:

    to

    City or Zip:

    My name is Ron

    Everything you have ever known or heard about Fluoride is false.

    Fluoridated water is the biggest scam ever pulled on the WORLD and is

    killing and sickining people everywhere..

    I have been sick since 97 My symptoms did not start all at once but

    became progressivly worse until the present.

    Symptoms:

    blurry vision - on and off not continously. got new glasses just

    before I went for last MRI reading. Also looked for ICP by looking at

    optic disc.

    leg pains - hip, shoulder joints - I can’t cross my legs - feels like

    my joints are coming apart

    muscle cramps and charley horses in calfs and arch of feet

    mental confusion -short term memory - seems I really have to work at

    remembering daily stuff

    Headaches ( frontal)_ worse as day goes on

    dizziness, like an airpane ride , disconnected , sometimes feels like

    I am 3 feet off the ground or I am sitting sideways up on the wall -

    no spinning vertigo

    Brain fog - I suspect this is what alhzimers must feel like

    tinnitus,-

    otolaringologist says I have low frequency hearing loss

    irritability - lashing out at family for no apparent reason

    lack of concentration

    can’t sleep - up at 3-4 am and can’t get back to sleep

    Need to lie down in the afternoon - exhausted - feels like I am in a

    comotose state - at times I can hear what is happening around me but

    I can’t respond

    Getting fine tremmors in legs & eyelid

    Dysphagia - throat feels swollen , hard to swallow at times - THROAT

    GOES OPEN AND CLOSED -worse after exercise

    cold hands & feet at times - cold all over at times

    profuse sweating - sometimes I sweat like a pig for 15 min. after a

    shower

    No appitite - constant nausea - lots of bread & milk

    muscle weakness & myalgic pain moving all the time

    Lower back pain and neck pain comes and goes I don’t think itis

    linked to exercise

    hands and heels really hurt at times

    electric like shocks in left leg ( thigh, sometimes in feet and toes)

    worst ones happen while I am

    lying on couch watching TV - doubled over in pain

    Fatigue is increadible - last two hours and consider it a good day!

    Gums bleed , had periodontal disease

    bone loss in jaw,- according to periodontist and dentist

    teeth feel loose, USED TO BE ABLE TO WIGGLE THEM WITH MY TONGUE ,

    drooling at times

    Soft stools all the time -almost diarrhea

    Getting pins and needles on chest and back after a hot shower and hot

    days and exercise - started after surgery i think

    Itching on arms and waist especially after a hot shower but other

    times too

    Seems like all this happens after I eat!!! things get worse and also

    after exercise

    chest pain in ribs on right side, then on left side

    Heels really hurt as do my “heels ” of my hands

    longitudal ridges on finger/toe nails

    History ( very brief- this is just the tip of the iceburg)

    self diagnosed Chiari Malformation - my brains are swelling into my

    spinal column - had decompression surgery in 2000 - symptoms

    continued and worsened

    self diagnosed Heavy metal poisoning - challenge test showed lead

    mercury etc. - this was according to a holistic doctor and allopathic

    doctors do not recognize these results. Chelated with DMSA - numbers

    came down- still sick - then 10 weeks of EDTA IV thearpy - still sick.

    Rhum. Doc diagnosis of Fibromyalgia - 6/02

    self diagnosed Fluoride Poisoning - may 2002- one night I got sick

    after dinner - and a couple of days later I thought back about what I

    did different that nite - I drank three glasses of city water at that

    meal instead of milk. Fluoride calcium seeks and makes it less toxic.

    I did my own blind tests - I can pick out F water EVERY time - my

    daughter can tell by my eyes if I have had 3 glasses of water!

    I have confronted docs with this - Some look at me like I’m from

    outer space, some belittle me, others just laugh.

    My neurologist looked at me wide eyed and ordered serum and urine

    fluoride tests. He never called me back. I went and got copies 3

    weeks later and both were ELEVATED - my blood levels are 10x normal -

    he has NOT dx me or schedualed another appmt.

    Romhatoligist dx me with fibromyalgia and then I told her about

    Fluoride - she doesn’t want to see me again!

    I found Dr. Myra Preston PHD - of SIBER IMAGING who has a patented

    method of dx CFIDS through QEEG. I did before and after tests

    dirnking my city water and I think I now have proof that F causes

    brain damage in humans and is one of the causes of these “mysterious

    syndromes” CFS,FM,GWS, MCS etc.

    I scanned the report and will send it to you in another private

    email if you wish, as it is 8 pages long.

    Please give feed back if you can. I am willing to take this document

    to court and start the fight against Fluorodation. I think this could

    be the straw that breaks the camels back.

    TEST RESULTS FROM DR PRESTON

    Mine are unusual as I did two tests because my fluoronated city water

    was making me sick. First test after staying away from as much F as

    possible for 2+ weeks - second test after drinking my city water for

    24 hours.

    Highlights:

    tested positive for all four variables to be classified as CFIDS

    patient on both tests

    Impression: RGE’s QEEG prior to drinking water was abnormal. The

    abnormalities are primarly in the ratios to total brain activation.

    the prominence of slow wave activity is recorded in the delta and

    theta frequencies. The lack of beta activity alsorepresents an

    abnormal finding.

    Following the exposure to water, RGE’s delta activity increased,

    theta activity decreased… Performance on these tests declined

    sharply from the pre-to post water drinking… total brain function

    declined in the post-water drinking QEEG.

    Conclusions: Extremely abnormal QEEG due to the diffuse delta and

    theta activity and the lack of brain activation in the beta range in

    the frontal and temporal regions. This pattern correlates with the

    patients report of severe cognitive loss. Abnormalities such as these

    correlate with the limbic system and immune dysfunction, the fatigue,

    the cognitive problems. It is important to note that the pre-water

    evaluationwas quite abnormal, confirming the chronicity of the

    patients illiness. The post-water drinking decline correlates with

    the patients history of fluoride poisoning. Exposure to this toxin

    exacerbated the neurophysiological disruption. …

    … RGE clearly exhibits diffuse brain dysfunction, which typically

    results from a widespread condition such as a metabolic disease

    including heavy metal poisoning. This indicates a neurotoxic

    poisoning. Fluoride is a neurotoxin that acts on postsynaptic

    receptors. This neurotoxic condition correlates with the disrupted

    brain physiology and the secondary development od Chronic Fatigue

    Immune Dysfinction and Fibromyalgia Syndrome.

    rge@uplogon.com

    $$$$$$$$$$$$$$$$$$$

    Too bad there isn’t a lawyer willing to come out from under his desk and take on this problem. I have been declined by all of them including Massery Viteo Brockovitch, Geofery Feiger and many more.

    I have about 20 other people who know that fluoride is poisoning them also at my site.

    Any attorneys willing to come over to my group and talk?

    Ronald Eheman

    rge@uplogon.com

  • yingfu // Jul 5, 2005 at 5:44 pm

    Is teflon safe to be used in cookware as a covering layer?

  • Wyeth Swittenburg // Jul 21, 2005 at 10:03 am

    Check this out.

    Teflon accusation doesn’t stick

    Michael Fumento

    July 21, 2005

    Teflon has long been a godsend in the kitchen. It’s easier to cook with, since foods don’t stick. It’s easier to wash – and easier on the environment – since it requires less detergent and no dishwasher energy. And it’s easier on the heart and the waistline, since it eliminates the need for cooking in lots of oil, butter or margarine.

    Yet Teflon has recently gone from the frying pan into the fire, thanks to some money-hungry lawyers. They’ve cooked up a scary story, adding a dollop of hyperbole for good measure. Unfortunately, they left out common sense and science.

    For the rest go to - http://www.townhall.com/columnists/GuestColumns/Fumento20050721.shtml

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