Mesothelioma - The Asbestos Ban That Wasn't

The litigation surrounding asbestos and Mesothelioma has been legendary. It represented the little guy against huge corporate entities. The entities prevailed for a very long time, but ultimately the fact asbestos exposure was causing Mesothelioma and lung cancer could not be avoided. Eventually, the government moved to ban asbestos in products and then the controversy started.

The great asbestos wars of the 1960s, 70s and 80s were iconic. The issue of whether asbestos in products caused health problems was highly disputed. The manufacturers claimed that it didn't. Workers claimed that not only did it, but the manufacturers had known it did and still released it in products. This created a war of lawyers unlike any seen in a long time.

Eventually, it became clear that the manufacturers of asbestos were in the wrong. As is often the case, the government took its sweet time doing anything but finally did. The response finally occurred on July 12, 1989 when the EPA issued a final ruling effectively banning asbestos in the vast majority of products whether they be building materials, brake pads, insulation or whatever. The story, however, was not at an end.

The manufacturers struck back. They appealed the order and to some effect. In 1991, the Fifth Circuit Appellate Court struck down part of the EPA order. It was a lengthy and complex decision, but essentially found certain areas should not be regulated. This ultimately resulted in the "sort-of" asbestos ban that we have today.

So, where do things stand with asbestos? Generally, asbestos cannot be used in any new products that traditionally have not used it before. Also, it is banned from use in roll board, flooring felt, and commercial, corrugated, or specialty paper. Other than that, there is no ban. If this doesn't surprise you, it should.

There is a common belief that Mesothelioma cases will start to fade away in the next ten to twenty years as asbestos ban of 1989 starts to take real effect given the 40 year gestation period for Mesothelioma. This assumption is simply wrong. How so? We know that asbestos is still being used widely despite the EPA ban. Where asbestos and humans mix, Mesothelioma is sure to follow.