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Asbestos has not been banned in U.S.

Posted on September 24th, 2010 by RJ Abernathy

After I tell someone that I represent men and women who have been injured by asbestos exposure, the next question is always, “Asbestos has been banned for so long, how can anyone still be getting sick from it?”  The truth is asbestos use has never been fully banned in the United States.   The importation and use of asbestos has been banned in 52 other nations however, including the entire European Union.  Some studies suggest that the annual world production of asbestos is still close to 2 million tons annually. 

The EPA attempted to universally ban the use of asbestos in 1989.  Court challenges led to the overturning of the EPA’s action, leaving only some of the uses banned, while clearing the way for the continued use of asbestos in some products.  Asbestos cannot be used in the production of paper products, flooring felts for linoleum sheeting, wallboard patching products such as spackle and joint compounds or in gas fireplaces.  Products in which asbestos can still be used include automotive brake pads, gaskets and automatic transmission parts as well as some construction materials. 

Most U.S. companies have now found other materials to use in the place of asbestos in their products voluntarily for fear of future litigation.  Asbestos products can still be sold in the U.S. but rarely are, and are largely limited to auto and aircraft brakes and gaskets and these products are primarily imported into the U.S.  We have seen an increase in other potentially harmful products being imported from other countries.  Over the past several years products such as contaminated Chinese drywall and lead paint tainted children’s toys have been shipped to the United States.  Because the Courts and Congress have failed to ban the use of asbestos entirely, the potential health hazard from asbestos containing products remains a reality.

To learn more or discuss your Mesothelioma case, contact RJ Abernathy.

Related post:  Why RJ became an Asbestos Attorney: RJ Abernathy – An Introduction.