Haynes and Boone's Newsroom

Stan Perry in BuilderOnline.com on New Federal Regulations on Formaldehyde in Wood Products
02/10/2011

In a feature called "Toxic Avengers" on BuilderOnline.com, Haynes and Boone partner Stan Perry answers the question "Will new federal regulations on formaldehyde in wood products lead to more legal challenges?"

Stan Perry fears that drawing new attention to the health risks of formaldehyde can only stir up a legal hornet’s nest. There are more than 12,000 cases of acute myeloid leukemia diagnosed annually. But, Perry notes, until 2008, formaldehyde had been generally associated with the relatively rare nasopharyngeal cancer. And despite new studies, particularly those conducted by the National Cancer Institute, that make a stronger and broader connection between formaldehyde and leukemia and lymphomas, Perry contends “there’s still a lot of debate” about causation and the levels of exposure products with formaldehyde actually emit.

Levels and dosage are “critical” to this debate, he explains, because “all of us are exposed to formaldehyde every day; it’s in the air.” The chemical, in fact, is ubiquitous, and is used as an antimicrobial agent, fungicide, and in oil and gas drilling. Nevertheless, the EPA and the World Health Organization have accepted the new findings, and the topic is now showing up in the consumer press, such as a recent article in The New York Times about formaldehyde levels in hair products. “That’s when you see lawyers seeking people who might have been around formaldehyde.”

He takes EPA’s willingness to set up an advisory panel of small businesses as “a positive sign.” But he also wonders if formaldehyde might eventually become the next poster child for tort litigation and class-action suits, joining the toxic pantheon that includes benzene, asbestos, silica, and beryllium. Therefore, he advises suppliers to keep track of what EPA is doing, and to be prepared to offer comment and documentation about what they make.

Excerpted from BuilderOnline.com, February 10, 2011. To read the full story, click here.