Industry docs reveal makers of 'forever chemicals' covered up health dangers
phys.org
phys.org
Spotted the problem.
The fix is simple, fine them 110% of the ill-gotten gross profits(from start to finish) attributed to all products impacted even slightly.
Then provide an instant settlement to all children born with health defects who's biological parents purchased any of the products. No lawyer cuts. The amount is $10,000,000 each and permanently funded healthcare.
Should the company go bankrupt, each person in position to become a whistleblower who chose not to, can work the rest of their lives paying "child support" equal to their earnings minus whatever social security gives. The same thing for the regulators who failed.
The firms profit should be irrelevant in my opinion. But make these firms believe that they will have to cover the true costs of their behavior!
This is - bluntly put - a shite fucking idea. I am not trying to "maximize total welfare" where one way to accomplish that is to allow a bad actor to get ridiculously wealthy at the expense of everyone else (even if the total paid by everyone else is less than the bad actor makes).
We have a term for this: Privatized profits and socialized losses. We're witnessing that this mindset is completely dysfunctional.
It allows bad actors to accumulate immense wealth through behaviors that are net negatives for all other participants - further, those bad actors can then use that wealth to avoid or offset the share of their social costs that should be paid (ex: lobbying politicians, paying off regulators, bribing judges, etc)
----
There is a reason most people don't accept a deal where both parties gain, but one gains at a heavy advantage over the other: We know that allowing this behavior is bad for long term social stability, and we have all sorts of ideas about "Fair" that we apply to stop it: https://www.sciencedirect.com/topics/neuroscience/ultimatum-...
> The firms profit should be irrelevant in my opinion. But make these firms believe that they will have to cover the true costs of their behavior!
The profit is the ONLY FUCKING THING that is relevant. The firms don't care about "true costs" (which, as an aside are often impossible to reasonably calculate). All the firms cares about is "Does bad behavior A lead to more net money, or less net money?" As long as the answer is "More net money" The firm is going to engage in bad behavior.
The answer ALWAYS needs to be: Fine the bad behavior until it is not profitable. Full fucking stop.
Trying to penalize companies never works in practice, regulators CANT let large companies going bankrupt, cascading defaults of creditors, creating unemployment, etc. It never happens. Also, this penalizes the workers the most.
Once psychopaths have certainty of personal consequences they will want to stay away from executive positions.
I'd maybe be in favor of a law that demanded that fines be paid in equity of the company (starting with equity held by the C-level officers and board) at a steep discount on market price (say... 50% valuation).
Engage in enough bad behavior and you become nationalized over time, and then the public can decide what to do with the result.
They’d seize 100% of the stock and cancel any exit packages, then fire the board, and CEO, and claw back any remaining fines from the personal accounts and garnished wages of the executives responsible for the problem.
This would protect the employees, customers and creditors of the company.
Of course, it wouldn’t protect the people that own congress and the supreme court, so it will never happen.
I don't love it personally, but it's decidedly not "Privatized profits and socialized losses". It's explicitly a system to make sure that the profits are shared from the damaging-corporation, to the government of the people damaged. In theory, I think they have a great point, which might be workable to inform future fine frameworks (we will always need fines in addition to anything else, and this isn't the worst way to set the fines). In reality, I suspect that captive government officials will set some of the variables far too "in-favor" of the corporations in exchange for backroom deals or cronyism.
But it's far from the worst idea I've seen.
It's "Who's been doing some serious illegal dumping?".
In almost all of these cases - the issue is NOT that the company simply didn't know what was going to happen (although in many cases this is where they started).
It's that the company hid facts, lied, manipulated the public, and in general attempted to squash any and all evidence that might hurt their profits.
The first is acceptable. The second should be met with termination (as in - the companies that do this should have leadership removed: anything from jail time to nationalization).
We have an even older term for that: The tragedy of the commons [1]
Look at different products to get an idea of what I’m talking about. For instance, prescription medicine often has side effects. People are aware of the side effects, typically, and make an assessment of whether the benefits outweigh the costs. When we discover that companies did not correctly assess the side effects, we react accordingly, and fine them, ban them from selling the product, etc. But some of those drugs, despite unknown side effects, do a lot of good in the world.
So go back to the first point where the company is acting in bad faith: Covering up data that shows a danger. Take EVERY fucking cent since then.
If they don't have it? Nationalize them.
You're still entirely focused on the "Recover the commons" side of this, and what I'm saying is that punishment is used to establish the set of accepted social rules we play by. Right now, we're saying
"Lie all you want, obfuscate all you want, Literally kill people to make money - don't worry, we'll only fine you 5% of the profit you make doing it. (in reality: the fine here was less than 2% of the revenue made)"
My attitude is that this is unacceptable. I am not a fool - the world is incredibly complex and I know full well there is a LOT of nuance around this topic.
I still find it utterly galling that we're issuing fines that are literally chump change compared to the profits these companies are making.
----
So given that we've been trying the whole "fine them but not too hard" strategy, and we have clear evidence that companies treat these fines as simple costs of business...
At what point do you admit that maybe a slap on the wrist is no longer the right answer?
What confuses me is why you seemingly do not believe companies’ fines should correlate with the damage they’ve done. Your stance seems to be a boolean “company did bad”, which invalidates their right to any profit they ever made. That doesn’t seem very fair.
An example: I went to a full-service gas station once, and asked the attendant for a full tank of 87 octane. I watched him select 93 octane (for an additional 70 cents per gallon), so my full tank came out $10 more expensive than it would have otherwise been. Clearly he was operating his business in bad faith. My remediation was to dispute the charge with my credit card company, and I paid the price of the 87 octane fuel after all. Correct me if I’m wrong, but the remediation you’re proposing seems to be that all profit that gas station made from that point on was invalid and ought to be taken from them, since they were operating in bad faith. You are of course entitled to your own opinion, but that seems a huge overreaction to me.
There is a whole world of shady and fraudulent businesses between “pumped the wrong octane gas” and “multi-generation coverup of externalities that will irreparably damage our health or ecosystem”. I believe the worst offenders should be punished, and harshly, because the damage they’ve done is so great (and often understated in these types of cases, IMO), but I don’t think we should indiscriminately nullify entire businesses over more mild issues.
Because a LARGE part of the damage they've done IS the bad behavior. It's the lying, hiding of evidence that things are harmful, manipulation of the public and regulators.
Those are ALL damage. They damage our social construct. That's in addition to the actual damage the product they're selling is doing to our environment and bodies.
I understand that it is basically impossible to bring a product to market without causing some sort of harm. At a minimum you are likely burning oil/coal product and consuming resources. You might also be creating products that we know and understand are dangerous - and we apply rules to those companies to limit and offset those costs.
THAT'S ALL FINE! If we can have a discussion about the harms and decide "we the people" are ok with it...
It's absolutely fucking unnacceptable when one greedy party KNOWS they are doing harm, and is hiding it from the public, because they know having to deal with additional taxes/regulation/monitoring will hurt their bottom line.
The literal harm here is the lying. If the company published the documents as soon as they knew... or were transparent from the start... then sure, lets have a small fine to help clean it up and address it moving forward.
If the company instead goes "Fuck that - I'm going to hide this to make as much money as possible and bank on being fined like I didn't know and was playing ball"... then fuck em, nationalize that fucker.
I don't know if parents suggestion leads to this or not, but I don't understand why we should have a problem with "maximizing total welfare" just because some entity would become ridiculously wealthy. Don't we want to incentivise that sort of behavior? Whether they're "bad" or not?
My problem with this is the same as my problem with using the average instead of the median.
Imagine two situations with a small group of 10 people:
In situation #1: All ten people have 10 dollars to their name. Net across the group is 100 bucks.
In situation #2: 1 person (we'll call him Bob) has 1000 dollars, and every other person is 100 dollars in debt. Net across the group is 100 bucks.
Which one of those do you want to live in? According to our "Money is literally all we care about because we're morally bankrupt" maximization strategy, these situations are identical, and everyone should be thrilled.
In reality... Bob is living the high life and everyone else is too poor to matter. Great for Bob in the short term, terrible for social stability, because those 9 other folks are starting to think he looks mighty tasty right about now.
In this case, it’d be a 10B fine, which is 33% of their current market cap. That seems about right. They make other stuff, so letting the company survive (but barely) probably maximizes societal utility moving forward.
https://www.reuters.com/business/3m-stop-making-forever-chem...
They are not selling the business.
What this means practically is that China will make it and the world will be worse off due to no regulations, but that is how the game theory plays out in the west time and time again over the last half century.
I'm curious how much this is disrupting tsmc...
This isn't some altruistic gesture and 3m isn't spending $2.3B to wind down the business. That estimated 2.3 is a pre-tax charge against quarterly earnings that will do littler more than cause it's stock price to dip.
Businesses take these pre-tax charges all the time that lower their stock price AND also make unspecified retroactive account changes that mysterious cause their stock price to rise.
I think a more accurate statement might be "3M is sunsetting their PFAS business to protect itself from future litigation and to leverage a $2.3B tax write off".
Instead we call companies people and let them wash things away with money. No one faces guilt, maybe a CEO 'steps down' to spend more time with family until the anti-competitive clause finished and they pop up somewhere else.
At a minimum, liability must be possible for the entire C-suite and the board.
Depending on the nature and degree of the atrocities being committed, I can see a pretty strong argument for liability for anyone involved in any way who's being paid more than, say, national median salary + 50%—that is, anyone for whom "I was just following orders" doesn't have with it the background of "and if I disobeyed, I would risk destitution for myself and my family." The horrible effects of some of these decisions, and the number of people who have to suffer them, mean I have no compunction about comparing acts like these to war crimes, and we don't allow "I was just following orders" as a defense to those, either.
If we had any means whatsoever to change that situation it would have been done ages ago because it isn't as if the piles of dead bodies and deformed infants weren't enough to enrage people. Recently the Sacklers got away with it too and people are rightly pissed about it, but they're also totally powerless which is why it will happen again and again and again.
We can make it happen. It's just a legislative change away.
This brings in an interesting dilemma. Lobbying for such a legislation change would most probably damage the initiator.
What was the last time legislation was voted on that caused the collapse of one of the largest corporations in the world? When was the last time a corporation that poisoned a massive number of people was held truly accountable and the victims were actually made whole?
Maybe you still think we have the power to make those kinds of changes, but what's your evidence for that?
Even if we somehow did manage to get the laws passed (which we can't) they'd be quickly overturned or worked around. We fought like hell to get regulatory agencies that were created to protect us from exactly the kinds of biological and ecological harms we suffer under yet they've all been captured by industry or made toothless. Legalized bribery, a largely ignorant and uneducated public, and a broken legal system all conspire to protect profits over people and nothing suggests meaningful change is possible, let alone likely.
That is very defeatist. Many things have changed in our history. Public advocacy can and do lead to changes in public attitudes and changes in public attitudes lead to changes in our laws.
History is filled with examples of companies getting away with this again and again, and shows us that only with massive amounts of effort has anything ever been done to improve consumer and environmental safety, and even then the few small steps we've managed to make toward change have been largely overturned or worked around.
Today nearly half the country has been successfully manipulated into thinking that strong regulation, government oversight, and holding corporations accountable for the harms they cause is a terrible idea. In fact, often it's the people who are most impacted by the environmental and biological harms created by these companies who would most likely oppose the environmental reforms and regulations needed to prevent them.
They're convinced that the economy will collapse if we make the changes we'd need. They're more motivated to vote against "frivolous" lawsuits and punitive damages than holding companies accountable. They consistently vote to weaken people's ability to seek justice, increase the influence of money in politics, and remove what few regulations constrain industry.
Meanwhile, even when most people are in full agreement that something needs to be done, bribery has been effectively legalized and regulatory agencies are either toothless or run by the same corporations and industries they're supposed to be keeping in line. Regulations are written by and for industry to prevent competitors and protect profits over people.
Yes, it's possible that magically one day things will change, and I genuinely think that would be a good thing, but I have zero confidence that it will because there's nothing to pin my hopes on. What reason is there to assume that things will improve?
Classic prisoners dilemma. which makes me wonder what the prisoners dilemma looks like with different points distributions for each outcome if it changes the long term strategy. if you can adjust the points so you can predetermine "rational" strategy for an agent.
This is the central point. Reacting to such stuff after everything is poisoned already is a stupid way to go about things.
What is needed is robust precautionary regulation.
It can be tricky to define and demonstrate a specific level of precaution. Precaution is always limited, at some point you have to stop testing and start producing something at reasonable cost.
Precautionary regulation is orthogonal to responsibility of individuals putting public health, safety or environment at risk and knowingly hiding the risks. Even if we could argue that strong responsibility encourage precaution with no further regulation: something too risky would be cancelled quickly or C-levels would risk serious jail time and bankruptcy.
[1] https://www.hsph.harvard.edu/news/hsph-in-the-news/dental-fl...
What did you switch to? I have one of those waterpiks but I don't feel like it does a very good job
On the product page[1] I had to scroll all the way to the bottom and expand 2 of the "Got Questions" sections to get info:
> Our BURST Floss is beautifully packaged in an eco-friendly sustainable case, the textured filament has expanding technology for a deep clean. Charcoal coated for adsorption and anti-microbial for healthy white teeth, the unique black coloring of the floss exposes plaque lurking in the mouth.
> Yes The BURST Floss uses Microcrystalline wax, there are No PFAs.
Then I had to search through multiple questions on their FAQ page to finally find this[2]:
> Is the BURST Floss biodegradable? > No. The BURST Floss is comprised of Polyester so is not biodegradable.
So we have:
- Polyester
- Microcrystalline wax
- Charcoal
- an eco-friendly sustainable case
I can't tell if the Microcrystalline wax _is_ the Charcoal or is something separate. No explanation on what the case is made of. "Eco-friendly" is vague, I'm guessing this is because it's re-usable, not because it's biodegradable.1. https://www.burstoralcare.com/product/floss?color=black#
2. https://burstusa.zendesk.com/hc/en-us/articles/360053208094-...
I also want to add that Burst was listed in one of the parent links on flosses that failed the test for PFAS. (if you trust that site)
> According to our EPA-certified laboratory, these products contain detections of organic fluorine, which is a chemical marker for PFAS “forever chemicals.” This section represents some products that have levels that are clearly intentionally added, while other brands have levels that are more “unintentionally added” from contamination somewhere. Brands with jaw-dropping amounts of organic fluorine we marked with *.
> Burst Refillable Dental Floss Juniper & Berry — 208 parts per million (ppm) organic fluorine
https://www.mamavation.com/beauty/toxic-pfas-dental-floss-to...
> Mamavation sent 39 different dental floss products off to an EPA-certified laboratory to look for indications of PFAS “forever chemicals.”
and there's also this:
> Disclosure: This consumer study is released in partnership with Environmental Health News. Scientific reviews were performed by (1) Terrence Collins, Teresa Heinz Professor of Green Chemistry & Director of Institute for Green Sciences at Carnegie Mellon University, (2) Linda Birnbaum, Scientist Emeritus and Former Director of the National Institute of Environmental Health Sciences and National Toxicology Program, & (3) Pete Myers, Chief Scientist at Environmental Health Sciences, Adjunct Professor of Chemistry at Carnegie Mellon University, and Co-Author of Our Stolen Future. This post was medically reviewed by Sondra Strand, RN, BSN, PHN. Donations were provided by Environmental Health News and Mamavation community members. This post contains affiliate links.
Well, they actually do mention an existing study and link to it:
> In a study published in 2019 in the Journal of Exposure Science & Environmental Epidemiology, researchers found that women who flossed with tooth floss product Oral-B Glide dental floss had higher levels of PFAS in their blood than those women who didn’t. After marker testing was run on Oral-B Glide, it was confirmed that this product had indications of PFAS “forever chemicals” intentionally added to the product.
which had a link to this: https://www.nature.com/articles/s41370-018-0109-y
All that being said, almost all of this site's articles are either "This is bad, buy this instead" or "Best and Worst X", all with affiliate links.
https://www.researchgate.net/profile/Terrence-Collins
but not immediately a pfas focused study, so just a little confused. If it does have pfas incidentally, I'm guessing it came from a place that processed pfas and microcrystalline wax. I know they scaled up recently, and I'm curiously guessing that their supply line changed... For better or worse I wonder. Regardless, more polyester production isn't great, and shreddable pfas is terrible, so go with what you can find that is best. I haven't gone down the amazon rabbit hole yet.
It boggles the mind that shreddable Teflon seemed like a good idea to anyone.
It says on the packaging, PFAS & BPA free, the string is made from polyethylene. In the UK I buy them off Amazon. I have no association with this company.
https://www.mamavation.com/beauty/toxic-pfas-dental-floss-to...
Without time to research further right now, I'm going to try this Reach Mint Waxed floss (unfortunately from J&J, of asbestos baby powder infamy):
https://www.amazon.com/dp/B013OKRGWW/
Also, I'm not qualified to assess the HSPH work, but if turns out there's evidence that a company did something possibly criminal with PFASs, where should we be expecting a criminal investigation? US AG? States AG?
About a third of new medicines are pfas and many popular common ones like Cipro, Prozac, and Flonase.
Even the linked article here doesn't tell us much. In the first bullet, the quote of a quote with excerpts out of context is telling. The second bullet about toxicity when ingested -- again, that's true of lots of products. At what dose, over what period of time? The third bullet about birth defects -- that happens. The question is whether they had reason to believe it was related to exposure to C-8.
As a modern society, it would be extremely expensive to have a zero tolerance position for toxics. Many every-day products that produce a great deal of value in our lives are toxic. The question is one of whether the toxicity is material or likely to affect people, and whether the risks outweigh the benefits. None of this reporting grapples with those issues.
3M's website lists their uses of PFAS, including cookware.
We probably would be upset if they coated paper plates with Tylenol and hid the effect that could have on people.
There's two issues, and you're glossing over both:
1) purposefully hiding the negative effects of your products
2) the lack of meaningful accountability for those doing 1
Not only do you need to know a product's toxicity, but also the expected dose, and exposure over time
Exactly. And it seems that people knew about those, yet chose to hide these things from the public.
The question is whether they had reason to believe it was related to exposure to C-8
No, the question is whether they had a moral obligation to research that and publicize it, given what else they knew and didn't tell. If they had shared the rest of their knowledge, maybe they could be absolved from this particular point if nobody else in society thought it worthwhile to look into. But given that they didn't, this obligation falls only on them.
Well, what level do you find acceptable? It seems even very, very low exposures to toxic products are objectionable.
> it seems that people knew about those, yet chose to hide these things from the public.
Did they? They saw some data -- but data are just data. I haven't seen anything indicating they deliberately hid "unacceptable risk."
> the question is whether they had a moral obligation to research that and publicize it
But that is, in fact, a question in dispute. Not everyone agrees with the extremely precautionary position commenters here are taking.
I also find it interesting every article doesn't mention that many of the readers are eating or injecting pfas medicines daily: Cipro, Prozac, and Flonase, among hundreds ...
Also, saying that caffeine is "pretty toxic" seems like an exhageration to me. Can you elaborate on that?
> China executed a dairy farmer and a milk salesman today for their role in a tainted infant formula scandal in which at least six children died and 300,000 were made ill, state media said.
Or jailing 50 steel executives for faking emissions data [2].
Fines are the cost of doing business. Jail is the only thing those responsible fear.
Take the example of Purdue and the Sackler family. This company and family is largely responsible for the opioid epidemic by knowingly lying about Oxycontin. They amde billions from it. Despite a total worth of $11 billion a court recently granted them immunity from civil lawsuits for $6 billion of that [3]. So despite killing hundreds of thousands of people, they get to keep $5 billion of that.
Be more like China. But since US corporations own the government that will absolutely never happen.
We routinely use civil asset forfeiture in this country, primarily against poor people (eg parents' house seized after son's drug bust [4]).
Personally I think it's a ridiculous perversion of justice that civil asset forfeiture isn't unconstitutional but here we are.
Every single asset of the Sacklers should be viewed as the proceeds of an intentional crime that killed many people and has had a huge cost of society. It should be seized. All of it.
[1]: https://www.theguardian.com/world/2009/nov/24/china-executes...
[2]: https://www.bloomberg.com/news/articles/2022-01-28/china-jai...
[3]: https://www.cnn.com/2023/05/30/business/sackler-purdue-opioi...
[4]: https://www.cnn.com/2014/09/03/us/philadelphia-drug-bust-hou...
As the death penalty, personally I'm not a fan. But I am a fan of severe punishments for the kind of intentional corporate malfeasance we're talking about.
Here's the lesson I'd like people to take from all of this: markets need strong voernments to function. Libertarianism is a fantasy with no basis in reality (eg [1]). Political movements such as "starving the beast" [2] are nothing more than an attempt to extract even more profits from the populace, even to the point where that society can no longer function because no one can afford food or housing, the drinking water is poisonous and none of the roads or bridges can be repaired.
[1]: https://www.vox.com/policy-and-politics/21534416/free-state-...
I don't think any category of crime has ever been eradicated from anywhere. The question is whether China's measures reduce corruption. My bet would be yes, but who knows.
As a result, a buffet of chemicals have been put in use and we know very little about their solo effects or what happens when they interact with other chemicals in the wild.
These companies not disclosing their awareness is criminal. But that doesn't explain why the government refuses to update regulations to be proactive in preventing such substances from being "use first, ask questions later."
We have safety requirements for medical chemical (i.e., drugs). Why can't we do the same for industrials chemicals when we all know those chemicals end up in the environment, in our bodies, etc.?
It's silly (read: insulting) to hear, "...incidents of Cancer X, Cancer Y and behavior Z are increasing and we have no idea why that might be..." Good people want to know. Not so good people turn a blind eye and feign ignorance.
History is littered with good people, with good intentions, creating things with not-so-good consequences.
Because people, by and large, like the convenience of these substances. It is not a politically popular position to go around banning things that people find increases their quality of life, even if just in the short term.
See fossil fuels and carbon emissions. It would be trivial to slap a 10,000% tax on them to limit its use and bring down carbon emissions, but it would come at the cost of people not being able to do things they want to do.
And at that point, use something similar that probably has the same safety issues. Like the switch from BPA to BPS and BPF.
I found this website useful and I found this encouraging.
>Since 2002, production and use of PFOS and PFOA in the United States have declined. As the use of some PFAS has declined, some blood PFAS levels have gone down as well.
>From 1999-2000 to 2017-2018, blood PFOS levels declined by more than 85%.
>From 1999-2000 to 2017-2018, blood PFOA levels declined by more than 70%.
Of course they may have just switched to other PFAs but it is something.
I also found this recommendation useful-
>Below 2 nanograms per milliliter: If blood concentration levels fall below 2 nanograms per milliliter, people “are not expected to have adverse health effects,” the committee said.
When looking at the charts remember that 2 ng/mL is the same at 2 ug/L, the units used in the graphs.
What is everyone’s pot and pan of choice these days? I just realized we are still using the nonstick gifted by my in laws. They need to go into the garbage.
Keeps it simple.
Also be wary of older colored pyrex glass and enamel coated ceramic dishes for lead and cadmium content.
We really do learn these lessons the slow way. Now watch the media really hold them to account...hmm.
Surely this is the last industry to be doing this stuff, surely.