"As California's consumer watchdog, we applaud the California State Pipe Trades Council for its record of pro-consumer advocacy." - Richard Holober, Executive Director, Consumer Federation of Cailfornia

California's other hazardous Materials manufacturers claimed were safe

California should not repeat mistakes that have put our health and environment at risk. In the past California has allowed toxic materials - such as MTBE, polybutylene pipe, asbestos insulation and lead paint - into California based on a false assertion of safety from their manufacturers.

MTBE (methyl tertiary butyl ether)

"We believe [MTBE] is a health solution and performance solution, not a health problem..."4
- MTBE manufacturer representative, February 1995

In February of 1995 members of the Oxygenated Fuels Association held a press conference touting the safety, effectiveness and importance of MBTE in protecting our environment.1 But 10 years after MTBE's introduction - and following drawn out congressional debates and numerous lawsuits - we are still trying to rid our drinking water and soil of this insidious chemical. Today, it is widely recognized that MTBE causes tumors and has poisoned ground water nationwide.2 We have to stop PEX from becoming the next MTBE.

Polybutylene

On the industry's word, polybutylene pipe achieved wide popularity during the 1980s as it was seen as "more flexible and cheaper than other kinds of plastic or copper plumbing."3

"Shell and other supporters of the use of plastic pipes submitted various studies and scientific tests which they asserted showed that the pipe [polybutylene] was safe and additional testing unnecessary." 8
- Leonardini v. Shell Oil

But less than ten years later "in the biggest property-damage settlement in the United States," Shell Oil Company and Hoechst Celanese Corporation were ordered to pay $950 million to repair damages caused by faulty pipes.4 According to the court of appeal decision, "Shell's policy was that if the state did not discover any health problems with the system on its own and did not specifically ask for that information, Shell would not volunteer it."5

Even after the settlement, both companies refused to acknowledge anything was wrong with their product.6 We have to stop PEX from becoming the next polybutylene.

Asbestos

Asbestos, now linked to the death of 10,000 Americans per year, was once believed to be safe.7 The story of asbestos is one of the most devastating accounts of the human cost of putting manufacturer profits ahead of health and safety standards. As early as the 1920s, asbestos companies knew their product was making their workers sick. Yet they hid conclusive evidence linking asbestos exposure to cancer until the public forced disclosure in the late 1970s.8 We have to stop PEX from becoming the next asbestos.

  1. States News Service, "Industry Stands," by Karen J. Cohen, February 24, 1995.
  2. See Dan Cardozo for source
  3. Los Angeles Times "Firms to Pay 750 Million for Pipe Leaks; Consumers: Class-Action Settlement Called Largest Ever for Property Damage. Chemical Companies Admit No Wrongdoing," by Jesus Sanchez, October 25, 1994.
  4. Los Angeles Times, "Shell, Hoechst Agree to Create Fund to Repair Pipes in Landmark Case," by Emi Endo, November 10, 1995.
  5. Leonardini v. Shell Oil Co., 216 Cal.App.3d 547, 264 Cal.Rptr. 883, 5.
  6. Los Angeles Times, "Shell, Hoechst Agree to Create Fund to Repair Pipes in Landmark Case," by Emi Endo, November 10, 1995.
  7. Environmental Working Group Web site: http://www.ewg.org/reports/asbestos/facts/fact1.php
  8. Carol R. Goforth, A Bad Call, 44 N.Y.L. SCH. L. REV. 311, 370 (2001).