Levy Konigsberg, LLC April 28th, 2014 800 Third Avenue New York, NY 10022 Attn: Moshe Maimon, Esq.

Re: Shulton Talc Products

Dear Mr. Maimon:

My name is Sean Fitzgerald P.G., President of Scientific Analytical Institute. I am a Professional Geologist, mineralogist, and asbestos expert, with 25 years of experience analyzing asbestos minerals and researching and developing the science of asbestos. In my years of service, I have firsthand experience with many of the key events that have impacted the asbestos analytical community, including product identification of asbestos-containing materials, discovery and interpretation of asbestos contamination in vermiculite from Libby Montana, discovery and interpretation of environmental impact of naturally occurring asbestos in California and Virginia, even analysis of materials from the World Trade Center before and after 9/11. The findings of the research and testing that I and my laboratory have conducted have proven invaluable to both the industrial engine that drives commerce, and to the safety community that strives to protect our health.

The mission of our studies is to bring the best possible science to our understanding and awareness of asbestos- how it occurs, and where it can be found. Our state-of-the-art laboratory is equipped with light and electron microscopes capable of resolving the chemistry and crystalline structure of materials to the nanoscale, as well as x-ray, plasma and laser technologies employed to give our multidisciplinary scientific staff the tools they need to bring that science to bear. I have analyzed thousands of building materials for the presence of asbestos. I have conducted many specialized analyses, such as lung tissue and releasability testing. I have tested the extent a given material may release asbestos fibers, including asbestos gaskets, spackling compounds, fireproofing, brakes, paints, and even cigarettes. I have tested consumer products and found asbestos in a myriad of materials, most notably, children’s toys including crayons, play clays, and fingerprinting powders.

I have been guest speaker at asbestos workshops and conferences as well as local, state, and federal regulatory meetings and reviews, and have advised private and governmental entities on issues of asbestos regulation, science, and process development. I have been retained and have given testimony as an expert researcher on asbestos in soils, naturally occurring asbestos, talc, vermiculite, and asbestos in household products, with work appearing before English Parliament and the US Senate. I frequently speak on asbestos issues before the Environmental Information Association (National Asbestos Council), ASTM International, the American Industrial Hygiene

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Association (AIHA), and have presented results of my asbestos research at the National Press Club in Washington, DC.

Recently I have had the opportunity to review materials including depositions, expert reports, company records, articles, and studies relevant to body powders produced by the Shulton Company, using talc supplied by Whittaker, Clark & Daniels, including Old Spice® and Desert Flower® talcum powders. These talc products have been repeatably analyzed and shown to contain asbestos, including anthophyllite, tremolite, and chrysotile asbestos fibers.

It has been my experience in the laboratory that many talc-containing products often contain asbestos fibers, specifically anthophyllite, tremolite, and chrysotile asbestos. Building materials in which this mineral assemblage is commonly observed include mastics (adhesives for carpets, ceiling tiles, or covebases), plasters, skimcoats, and paint. Consumer products can also contain this trio of asbestos types through fibrous talc use, as we have seen in the Crayola® crayon issue in the early 90’s, where asbestos was found and traced back to the talc. Similar contaminations have been discovered in children’s play clays, spackling compounds, and even duct tape.

The Geology and mineralogy of Talc and Asbestos

In order to understand why we often see asbestos in talc, let me first explain what these minerals are. Continental rocks are dominated by the elements silicon (Si) and aluminum (Al), and ocean or basalt is relatively silica poor; magnesium (Mg) and Iron (Fe) rich. Ocean crustal rocks are therefore called “mafic” or “ultramafic”, and mostly occur on land when they are split or planed from the ocean floor and then faulted through the silica-rich continental “country” rock, normally in tectonic mountain-building processes.

Therefore, the occurrence of ultramafic rock is most often coincidental with the ocean side of mountain ridges, folded in and among the foothills (piedmont regions). As the intermixing of these elements are subjected to the metamorphic forces of heat, pressure, and water are conducive to the formation of asbestos minerals, they are also the conditions that form talc. Indeed, the occurrences of talc and asbestos in the Earth occur in bands and belts in these regions, as the presence of one is often a good indicator of the other.

Figure 1 is a map showing occurrences of asbestos and asbestos mines in the eastern United States. The occurrences of talc are predominantly along this exact same belt, including deposits of talc from Vermont, to North Carolina, Georgia, and Alabama. This belt of ultramafic rocks contains the mineral resources talc, soapstone, and asbestos, and contains two of the primary sources of talc to be discussed at issue in this report.

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Figure 1: Map of natural occurrences of asbestos, Eastern US. As asbestos and talc are formed by similar processes, the occurrences and mines of talc occur along this same belt.

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Silicates

Silicon is one of the most common elements in the earth’s crust (it would be the most common if it wasn’t for oxygen). A “mineral” is defined as a regular and specific arrangement of a given chemistry (elements present in a certain ratio or amount). It therefore falls to reason that the group of minerals based on Si would be the most common. In fact, there are only 10 elements that make up 98.8% of the crust, namely (in order of abundance): Oxygen (O), Si, Al, Fe, Calcium (Ca), Sodium (Na), Potassium (K), Mg, Titanium (Ti), and Hydrogen (H). Silicates can contain all 10 of these elements, as they form many different minerals depending on what elements are present and the pressures and temperatures at the time of crystallization. How silicate minerals are constructed is based on their most fundamental unit: the silica tetrahedron. A very stable building block, Si will bond to 4 oxygen atoms to form a triangular,

tetrahedral (4-sided) polygon. Minerals that form with a network of isolated SiO4 tetrahedra are the most basic of the silicates, like olivine. Forsterite is an olivine that has the formula Mg2SiO4, based on single SiO4 networks. When the tetrahedra share corner oxygen atoms, they string together to form chains, and those minerals are known as single-chain silicates. If two adjacent chains then share corner oxygens, different minerals called double-chain silicates can form. Chain silicates include pyroxene and amphibole minerals, like the simple amphibole anthophyllite: Mg7Si8O22(OH)2. Figure 1 demonstrates this double chain structure.

Figure 2: Amphiboles consist of double chains of silicate tetrahedra aligned along the c-axis of the unit cell.

If more than two chains link together, silica sheets can form, creating plate-like minerals such as micas and clays. Note that tetrahedral plates molecular arrangement creates a hexagonal (6- sided) form, which accounts for the hexagonal patterns we see both in the morphology and atomic arrangement imaging ( e.g., electron diffraction) patterns common to clays and micas. An

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example of a sheet-silicate mineral includes one of our subjects: talc. The chemical formula for talc is Mg3Si4O10(OH)2. Finally, 3-dimensional networks of silica tetrahedra form the minerals common to continental rocks, like feldspars or simply pure silica, i.e., quartz (SiO)2 . Generally speaking, the silicate minerals form in more complex or connected network of the tetrahedral building blocks as more Silicon (Si) is available in the host rock. Silicate minerals are grouped based on the arrangement of their silica tetrahedra building blocks, in order of increasing relative Si content:

1) Isolated silica tetrahedron (olivine) 2) Tetrahedral silica chains: single (pyroxene) and double (amphibole) 3) Tetrahedral silica sheets (mica, clay, serpentine & talc) 4) 3-D framework (feldspars & quartz).

Talc

Talc is a sheet silicate with the basic formula of Mg3Si4O10(OH)2. Figure 2 shows the unit cell (most basic motif, or building block of the mineral) of talc.

Figure 3: Talc consists of silica tetrahedra in a sheet, with magnesium sandwiched in a molecular arrangement called “octahedral coordination” by dint of the sharing of oxygens in 8 corners. Notice the hexagonal ring formed by the silica tetrahedra (as viewed from above).

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Asbestos

The six regulated asbestos minerals are chrysotile (the fibrous form of serpentine) and the asbestiform varieties of five amphibole minerals: actinolite, tremolite, anthophyllite, crocidolite, and amosite. Although actinolite is often found in association with its close relative tremolite, and crocidolite and amosite have been found in only a couple of unique talc formations, I will focus on the other four minerals. That leaves us with chrysotile (serpentine), tremolite, and anthophyllite as asbestos types most likely to be found in talc.

The serpentine minerals are all polymorphs of the same basic chemistry of Mg3Si2O5(OH)2 , and are called antigorite, lizardite, and chrysotile. As sheet silicates, they are structurally similar to clay or talc: platy minerals consisting of a continuous silica sheets joined to a continuous octahedral sheet (e.g., in serpentine, the MgO, or “brucite layer”). Alternatively, they can be considered as a talc-like structure with the silica layer stripped from one side, like an open-faced sandwich. Serpentine has octahedral magnesia joined to a silica layer, but not without structural stress. The octahedral and tetrahedral layers do not line up very well for the purpose of oxygen sharing. This mismatch is compensated for by a stretching of the apical silica oxygens so that they can form the common oxygen link. This stretching results in structure bending.

Geometrically, there are only a few ways the mineral can form to compensate for this molecular curvature: by either linking reversed silica sheets in an undulating “jelly-side-up to jelly-side- down” in a microscopic wave, or by linking curved sheets with the jelly-side-up to form finite scrolls. When serpentine waves are created, either the regular wave form antigorite or the irregular wave lizardite is the result. When scrolls form, chrysotile asbestos is the result, with its characteristic “soda-straw” fiber morphology.

Serpentine forms most often in geologic units resulting in ocean crust faulted through country rock in the presence of water, usually on the ocean face side of mountain ranges, as one would expect from a subducted ocean plate under a continental land mass. Serpentine-rich formations of this genesis are called ophiolites (ophio- is Greek for "snake").

The asbestos amphiboles tremolite and anthophyllite are, as we already know, double-chain silicates. Tremolite most often occurs in contact or regional metamorphism of carbonates. In other areas of formation, actinolite is more likely to form. Anthophyllite is commonly developed, often with an asbestiform habit, during regional metamorphism of ultrabasic rocks, and in this paragenesis is usually associated with talc (Deer, Howie, & Zussman). As we can see in figure 4, the fundamental building block (unit cell) of talc is actually a subset of the unit cell for amphiboles.

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Figure 4: Geometry of amphibole. Amphiboles consist of double chains of silicate tetrahedra along the c-axis of the unit cell, with the individual chains linked by cations in octahedral coordination.

Talc structure The structure of amphibole, with chain- linking cations, is shown below as projected along the c-axis of the orthorhombic unit- cell. The octahedral cation sites are labeled M1, M2, M3, and M4. The hydroxyl group (OH) is added from water during formation.

In anthophyllite, the M sites are occupied by Mg. In tremolite, Ca fills the M4 site. Note that the “A” site is left open in all regulated asbestos minerals, but can be occupied in Libby amphiboles.

Note that every other 1/6, or “silica sandwich” is a polysome of talc (see callout).

“Transitional” Minerals

As you can see by looking at the subtle differences in the chemistry and structure of the minerals talc, anthophyllite, tremolite, and serpentine, these minerals are closely related and can easily be altered from one to the next. All of these minerals form under similar conditions in regional or contact metamorphism of ultramafic rocks especially in the presence of carbonates and water, as all of these minerals are hydroxylated magnesium silicates.

Iron-poor anthophyllite is actually quite common in metamorphic talcs, and often can act as both the chemical supply for the formation of talc, or be formed in retrograde from talc, in a hydrated magnesium silicate cycle of mineralization. In the presence of calcium available from carbonates, tremolite enters this cycle, and may also act as both source and resulting mineral. When the new mineral retains the morphology of its parent, it is called “pseudomorphic”, e.g., fibrous talc is often pseudomorphic after anthophyllite asbestos.

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Geologically speaking, fibrous talc structures, especially asbestiform talc, are relict structures of former amphibole asbestos structures in most cases, with the possible exception of less common ribbony talc fiber morphemes. Fibrous talc has proven more pathogenic than their more platy- dominant assemblages (Rohl & Langer, 1974), and most all fibrous talcs are contaminated to varying degrees with their mother minerals in their asbestos forms. It has also been long known that the metamorphosis of siliceous dolomites almost invariably creates asbestiform tremolite, for instance.

There are two basic geologic conditions that produce talc:

1. Hydrothermal alteration of mafic and ultramafic rocks, or 2. Hydrothermal metamorphism of siliceous dolomites.

“Hydrothermal alteration of mafic and ultramafic rocks” means chemical change of silica-poor minerals by waters heated in the earth by magma (mafic or ultramafic rocks such as olivines or pyroxenes are often derived from oceanic crust, and are also called “ultrabasic” rock). In this first group, other more complex silicates including asbestos rarely form in the talc forming process, but can have been formed in the mafic bodies before the hydrothermal episode of talc formation.

“Hydrothermal metamorphism of siliceous dolomites” is usually at higher temperatures due to contact or regional relatively close proximity to igneous bodies or magma, like a dike cutting through carbonate country rock, or a magma cooling to granite below, effectively “pressure cooking” the surrounding rocks. In this second group, Mg is often contributed to the formation of the talc, as the silicon comes from the carbonates as well. In some deposits of the second group amphiboles may be very abundant, especially in those formed during high temperature regional metamorphism of impure dolomites. As a large magmatic body at the root of the Adirondacks did just exactly that, the Gouverneur District has tremolite comprising between 30 and 70% of the talc product (Harben & Kuzvart, 1996). In that area, alteration of the tremolite schists have exhibited full-range alteration from tremolite to anthophyllite to talc to serpentine, and most all permutations of those end member transitions, e.g.;

Tremolite + Talc → Anthophyllite + Talc

Tremolite → Anthophyllite → Talc (Fullerville; Wight)

Anthophyllite → Talc (Fowler)

Tremolite → Serpentine (Arnold)

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“All of the very fine-grained talc, anthophyllite, and serpentine noted in the Gouverneur schists appear to have grown by a latter alteration of tremolite or anthophyllite. The coarsely crystalline talc is associated with clear unaltered tremolite and appears to be a primary metamorphic assemblage; not a result of any retrograde alteration. The coarsely crystalline talc is not valuable commercially because of its poor milling quality. The fine grained alteration products of the amphiboles form the commercial ore. The superior milling quality of this ore is probably due to the fine-grained nature of the magnesium silicate alteration products” (Ross, 1968).

Because of the close relationship of talc and the asbestos-forming minerals we can see why asbestos fibers can and do occur at some level in talc reserves all over the world. What we can learn from these lessons in geology and mineralogy is that we must closely and carefully examine each formation of talc in the earth, both from the macroscopic geology of formation to the microscopic examination of materials and minerals as they change through time.

Geology of the Talcs Historically Used in Subject Products

It is my understanding from review of the trial testimony of Wilfred Kaenzig of the Shulton Company and deposition testimony of Ted Hubbard of Whittaker, Clark & Daniels that Whittaker, Clark & Daniels was the primary supplier of talc (99%) to the Shulton Company for use in the talc-containing products manufactured in the Clifton and Mays Landing, NJ plants, including Old Spice®, Desert Flower® , and Friendship Garden® talcum powders.

The talc supplied to Shulton came from the mining of three talc formations. The first was known as American Ground Italian (AGI), which was talc from the Val Chisone talc mines in the Piedmont region of northwest Italy. Grade 1615 was such an AGI talc. Whittaker, Clark & Daniels also supplied Shulton with talc grade 2450 (a.k.a., 643), from a mine located in Cherokee County, North Carolina. This talc came from a geologic belt known as the Murphy marble belt, specifically from the Hitchcock mine, approximately 1.5miles southwest from Murphy, NC. Thirdly, grade 141 was supplied from Alpine Alabama, from the talc mined in Talladega (and nearby Tallapoosa; Dadeville) County. This talc was mined in a zone of metamorphic rocks that contains both asbestos and talc deposits, and includes areas rich in amphiboles, specifically, anthophyllite.

All three of these talc formations sourced for use in the subject products have been shown to contain asbestos, both in the geologic investigations of their formations and in the laboratory analysis of talc ore and products sourced from these mines.

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Grade 2450 (a.k.a., 643) Talc from the Hitchcock Mine

For a century, the fibrous nature of the talc and the intimate association with asbestos in the western North Carolina formations has been reported and known. In 1914 the geologist Hopkins with the US Bureau of Mines referred to the work of Pratt (1905) when he noted that the talc of the Murphy marble belt is largely due to alteration of tremolite, and is microscopically fibrous.

Asbestos has been repeatedly found in testing of talc from the North Carolina source (Hitchcock mine, approximately 1 1/2 miles southwest of Murphy, NC; see figure 4). In May, 1977 the McCrone Institute in Chicago reported their testing results of talcs from all over the world by X- Ray Diffraction (XRD) and Polarized Light Microscopy (PLM), under contract to the National Institute for Occupational Safety and Health (NIOSH). That report found tremolite asbestos in the talc from the Hitchcock mine. This testing included the grade 2450 from this source.

Figure 5: Map of talc deposits along the Murphy marble belt in North Carolina. The Hitchcock mine lies southwest of Murphy, NC in the lower left corner of this map.

In his 2004 article in Environmental Geology titled "Using the Geologic Setting of Talc Deposits As an Indicator of Amphibole Asbestos Content" Dr. Bradley Van Gosen with the US Geologic Survey (USGS) wrote about the talc in western North Carolina as an example of "amphibole rich talc deposits formed by contact metamorphism". I quote:

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“… The reaction of magnesium olivine in the dunite with silica in solution formed contact aureoles, which are several centimeters to a couple of meters thick. The alteration halos abound the contacts of pegmatites with dunite contains zones of talc, anthophyllite asbestos, and phlogopite (weathered to vermiculite near the surface) in a serpentine-rich groundmass.”

Further, I have personally confirmed the presence of tremolite in the talc mines of the Murphy marble belt.

Grade 141 Talc from Alpine, Alabama

Alpine is a small town in Talladega County, Alabama. The entire County is in a zone of metamorphic rocks that contains both asbestos and talc deposits, and includes areas rich in amphiboles.

Figure6: Map of talc and asbestos rich metamorphic rocks in east central Alabama. Alpine, Alabama is in Talladega County, which is completely in the metamorphic zone, which is along the Appalachian asbestos belt (see Figure 1). Note amphibole zone along southeastern County line.

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Asbestos and talc has been studied and documented extensively by the USGS for decades, including Maynard et al 1923, Pallister 1955, and McMurray, 1941.

Furthermore, I have personally tested grade 141 and confirmed that that talc contains releasable fibers of chrysotile and anthophyllite asbestos.

Grade 1615 Talc from Val Chisone

Grade 1615 was American Ground Italian (AGI) talc from Val Chisone, mined in the Piedmont region of northwest Italy. This talc formed from amphibole, which has been occasionally found to be asbestiform. In 1972, Pooley tested several samples supplied from the mine. He noted that the mineral assemblage was metamorphic and included tremolite. Although Pooley reported that the amphibole minerals present were hardly fibrous and that the tremolite presence may be below detectability, he found the tremolite to be prismatic and bladed, occasionally with fibrous intergrowths, and observed fibrous talc as intimate intergrowths with serpentine.

Further evidence of asbestos in this talc can be seen in the tabulated results of testing by Cyprus, where grab samples were composited from the talc production into XRD samples to screen for the presence of asbestos-forming minerals. In review of those testing records, many lots were held from shipment due to positive results.

In 1971, testing by McCrone found chrysotile in 1615 grade, but reported the possibility of contamination. Subsequent testing confirmed the presence of chrysotile, by ES laboratories in June of 1972. Additionally, ES found the presence of anthophyllite in a testing of this material. In fact, this grade (1615) was further tested in 1972 by the New York University Department of Chemistry for Whittaker, Clark & Daniels. Their initial test by XRD showed "some features in its x-ray pattern that suggested that it might contain some tremolite". The report reads on: "accordingly, the specimen was subjected to a detailed microscopic examination. Both tremolite and chrysotile fibers were found to be present in the sample. It is estimated the tremolite content is about 2% by weight, and the chrysotile about 0.5%."

Ironically, that 1972 report to Whitaker Clark & Daniels ended with a proposed solution to the asbestos content of the Italian talc, by diluting it with another grade of talc that they had not found potential asbestos by XRD screening. I quote:

“Please note that the asbestos content of talc number 1615 is just at the minimum level of capability. It is evident that if this lot is blended with, e.g., talc No. 141, in the proportion of one part of the former to two parts of the later, the resulting mixture will be fully acceptable by the analytical protocol described above” (XRD). Page 12 of 45

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Furthermore, I have personally tested grade 1615 AGI and confirmed that that talc contains releasable fibers of anthophyllite and tremolite asbestos.

Asbestos Releasability Testing from Alpine 141 and AGI 1615

Two samples identified as 1615 and 141 talc were sent to my laboratory, Scientific Analytical Institute, Inc., from Levy, Phillips & Konigsberg, LLP on September 30, 2013. These materials were obtained by Levy, Phillips & Konigsberg, LLP from Dr. Robert Nolan, expert witness for Whittaker, Clark & Daniels, Inc., during the course of litigation in New Jersey. The samples were contained in translucent NALGENE® 1oz. (30ml) sealed plastic jars, labeled:

• 1615 AGI Talc BC* Lot #3442815, April 22, 1974 *(Sample not bacteria controlled)

• 141 Alpine Talc USP BC* Lot #5-7-8, June 3, 1974 *(Sample not bacteria controlled)

I tested these 1970s vintage samples of 1615 and 141 for asbestos content and releasability by simulated use and subsequent air testing. Of the 0.1807 grams (g) of 141 received, 0.0232g was used for bulk testing, and 0.1015 was used in releasability testing. Of the 0.5198g of 1615 received, 0.0394g was used for bulk testing, and 0.2544 was used in releasability testing. Figure 7 shows the samples as received. These tests revealed significant concentrations of asbestos content and resulting airborne asbestos.

Figure 7: Talc Grade samples as received.

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Asbestos releasability was assessed by air sample analysis during simulation of product application, consistent with normal product use in a controlled environment. Environmental and personal air samples were collected per standard airborne asbestos techniques, using high- volume air pumps for environmental (stationary) samples inside and outside of the controlled area, and low-volume air pumps for personal samples taken in the breathing zone of the person simulating application. Standard TEM 385 mm2 effective filter area 25mm cassettes with 0.45µm MCE filters were used on the flow-calibrated high (7-12 liters/minute) and low volume (1-4 l/min) air pumps. The resulting samples were subsequently prepared for analysis by Transmission Electron Microscopy (TEM), and airborne fiber concentrations were determined by utilizing the direct and indirect preparation techniques outlined by EPA AHERA and ASTM procedures, and quantified using Yamate Level II fiber counting criteria.

To prepare for the simulation, a test chamber was constructed by lining a HEPA-filtered hood 34” X 22” X 20” with black plastic sheeting, sealed to contain the air without movement (beyond that produced by the simulation) during the simulation and concurrent air monitoring. Glovebox style shoulder-length gloves were sealed to a Plexiglas® shield.

Sample locations were:

1. breathing height, to left rear of test area, 2. breathing height, to right front of test area, 3. Personal sample, in breathing zone.

The resulting air samples were analyzed for airborne asbestos following the analytical procedures described in the U.S. Environmental Protection Agency Code of Federal Regulations 40 CFR part 763, subpart E, Appendix A for direct preparation of MCE filters. Where samples were too heavily loaded for direct analysis, the indirect preparation procedure in ASTM method D-5755: Standard Test Method for Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron Microscopy was utilized. All final analyses were conducted on a JEOL 2000FX Transmission Electron Microscope (TEM) equipped with an Energy-Dispersive X-ray Analyzer detector (EDXA) and Selected Area Electron Diffraction (SAED) at magnifications up to 50,000X, using the fiber counting criteria specified by Yamate EPA Level II protocol.

All counted amphibole asbestos structures demonstrated amphibole diffractions (SAED) confirmed on the TEM using the procedure outlined by the technique authored by Dr. James S. Webber entitled: A Simple Technique for Measuring Asbestos Layer-Line Spacing During TEM Analysis, Microscope, Vol 46:4, 1998, as is standard procedure in my laboratory, and is adequate for real-time determination of interrow SAED d-spacing measurement and confirmation of amphibole structure. Furthermore, example diffraction patterns of the amphiboles found in these samples were specifically zone axis diffraction patterns, where, as specified by Yamate III Page 14 of 45

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protocol, the mineral fibers were tilted to obtain those zone axes to confirm the amphibole structure. Yamate III recommends obtaining zone axes for amphiboles where the species of amphibole cannot be determined or is ambiguous by Yamate levels I & II counting protocols, at a recommended 10 to 20% zone axis confirmation of such particles in the analysis. As ambiguous structures or fibers where speciation of amphibole type could not be made in my Level II analyses (final TEM protocol applied to all final preparations produced from these tests) were not counted in my analyses, provision of such exceeds the requirements of Yamate at all levels, by demonstrating zone axes even though they were not required to make the amphibole mineral determination, and by furthermore demonstrating zone axes in excess of the suggested minimum 10% rate of the Yamate III protocol.

Anthophyllite, tremolite, and chrysotile asbestos were all identified on the air samples generated during simulated use of these products. Chrysotile fibers exhibited their characteristic "soda straw" morphology, highly characteristic electron diffraction pattern (SAED), and a chemistry commensurate with serpentine, i.e., appropriate ratio of silica to magnesium as determined by Energy Dispersive X-Ray Analysis (EDXA or EDS). Anthophyllite fibers were found with characteristic asbestiform morphology, amphibole crystalline structure by SAED, appropriate ratio of silica to magnesium as determined by EDS. Appreciable iron peaks were also observed on anthophyllite structures. Tremolite fibrous structures demonstrated pronounced asbestiform morphology as well, and also had distinct amphibole structure demonstrated by diffraction, and appropriate ratios of its elements (Mg, Si, Ca, Fe).

Table 1: Calculated average concentrations of asbestos released from Talc Grades 1615 and 141.

Figure 8 is an image, diffraction, and EDS spectrum of a tremolite asbestos bundle found in TEM bulk analysis of 1615 grade. Further examples are included in Appendices A & B for both 1615 and 141 analyses. In this testing we were able to confirm all three asbestos types consistent with the historical testing and mineralogy of the talcs source for these products are present in these talc grades, namely chrysotile, anthophyllite, and tremolite asbestos. Further, by aerosolizing these materials in dry powder form, those asbestos types are readily found in significant airborne concentrations.

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Figure 8: Tremolite bundle from TEM bulk testing of 1615 AGI Talc. Asbestiform structure is comprised of multiple fibrils, with overall dimensions of 12.8 µm long and 0.6µm wide. Individual fibrils as narrow as 0.05 µm are resolvable through bundle length (aspect ratios > 250:1).Chemistry determined by EDS demonstrates appropriate ratios of magnesium, silicon, calcium, and iron for the mineral tremolite.5.3Å repeat near perpendicular to fiber bundle length in SAED confirms amphibole crystalline structure.

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® ® Asbestos Releasability Testing from Old Spice and Desert Flower Three Shulton talc products were sent to my laboratory, Scientific Analytical Institute, Inc. from Levy, Phillips, & Konigsberg, LLP on March 11th, 2013. The materials were sent in order to determine if these products would release asbestos fibers into the air that could create significant exposure through normal product use. The three samples were:

• Shulton Desert Flower Dusting Powder (7 oz.) 3 • Shulton Old Spice Traveler Talc (1 /8 oz.) • Shulton Old Spice Talcum for Men (3 oz.)

Based on my years of extensive training and experience in product testing and analysis for asbestos contamination, these three Shulton products I analyzed were not tampered with, were authentic Shulton products, and are the type of products experts in my field accept as authentic (accompanying chain of custody, sworn Affidavits of the purchaser confirming that the three products were sealed upon arrival, and Shulton catalogs to confirm vintage). I tested these samples of powder from the 1960’s and 1970’s vintage, for releasability by simulated use and subsequent air testing, and found significant concentrations of airborne asbestos. Figures 8, 9, and 10 show the products as received.

Figure 8: Shulton Desert Flower Dusting Powder (7 oz.)

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3 Figure 9: Shulton Old Spice Traveler Talc (1 /8 oz.)

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Figure 10: Shulton Old Spice Talcum for Men (3 oz.)

Asbestos releasability was assessed by air sample analysis during simulation of product application, consistent with normal product use in a controlled environment. Air testing was conducted the exact manner described above in testing conducted of the source talcs 141 and 1615. The activities simulated were application of the product in a manner consistent with typical use, e.g., dusting of the skin. Application was done by hand. Figure 11 is the products as seen through the right side of the test chamber during simulated use. During each product test two samples were taken inside the work area (test chamber), and a personal sample was taken in the simulated breathing zone of the user.

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Image 11: Products as seen in the test use simulation chamber. Left: Old Spice Talcum for Men. Right: traveler talc. Center: Desert Flower.

Anthophyllite, tremolite, and chrysotile asbestos were all identified on the air samples generated during simulated use of these products. Chrysotile fibers exhibited their characteristic "soda straw" morphology, highly characteristic electron diffraction pattern (SAED), and a chemistry commensurate with serpentine, i.e., appropriate ratio of silica to magnesium as determined by Energy Dispersive X-Ray Analysis (EDXA or EDS). Anthophyllite fibers were found with

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characteristic asbestiform morphology, amphibole crystalline structure by SAED, appropriate ratio of silica to magnesium as determined by EDS. Appreciable iron peaks were also observed on anthophyllite structures. Tremolite fibrous structures demonstrated pronounced asbestiform morphology as well, and also had distinct amphibole structure demonstrated by diffraction, and appropriate ratios of its elements (Mg, Si, Ca, Fe). Calculated asbestos concentrations are reported in Table 2.

Table 2: Calculated concentrations of asbestos released from Shulton Old Spice and Desert Flower products tested.

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Example images, diffractions, and EDS spectra of asbestos structures observed in the samples resulting from the cosmetic talc product testing are included in Appendix C. In this testing we were able to confirm not only that all three asbestos types consistent with the historical testing and mineralogy of the talc sources for these products are present in these materials, but we were also able to confirm that significant quantities of said asbestos is released when the product is used in a manner consistent with historical use.

CONCLUSIONS

As to the releasability of asbestos, this particular case study adds even more evidence that low concentrations of asbestos in materials do not necessarily correlate to low potential for human health risk. Examples from recent studies of low asbestos content producing significant airborne concentrations in simulated activity include activity-based monitoring of asbestos as it naturally occurs in several sites conducted by the EPA and ASTDR, and vermiculite-containing attic insulation studies. These studies have repeatedly proven substantial airborne concentrations derived from materials with fractions of a percent asbestos content. Especially when a product is in a friable state, or where the obvious use of material intimates aerosolization of fibers, significant airborne concentration can be expected to be easily generated from such when asbestos is a constituent, which is the case for the Shulton talcum powders supplied by Whittaker, Clark & Daniels, Inc.

In summary, the talc sources for the historic Shulton talcum powders supplied by Whittaker, Clark & Daniels were formed in geologic formations that can and do have asbestos minerals associated with them, and asbestos has been confirmed by geologists and associated with those talc ores. Repeated testing of both the grade 1615 Italian talc from Val Chisone and the grade 141 talc from the Hitchcock mine in North Carolina have been found to contain asbestos, including anthophyllite, tremolite, and chrysotile asbestos. Finally, my own releasability tests of Old Spice® and Desert Flower® found significant concentrations of airborne asbestos, including the same three mineral species historically identified, namely chrysotile, anthophyllite, and tremolite asbestos.

Sincerely,

______Sean Fitzgerald, PG President, Scientific Analytical Institute

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APPENDIX A TEM IMAGES, EDS SPECTRA, AND SAED OF ASBESTOS RELEASED FROM SOURCE TALC GRADE 1615

Example photomicrographs of asbestos from sample analysis of historic grades 1615 and 141, from the air and dust samples follows, including representative EDS showing appropriate fiber chemistry, and SAED showing characteristic mineral structure (reciprocal lattice)of the three asbestos types identified in these talcs.

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APPENDIX B TEM IMAGES, EDS SPECTRA, AND SAED OF ASBESTOS RELEASED FROM SOURCE TALC GRADE 141

Example photomicrographs of asbestos from sample analysis of historic grade 141, from the air and dust samples follows, including representative EDS showing appropriate fiber chemistry, and SAED showing characteristic mineral structure (reciprocal lattice)of the asbestos types identified in this talc.

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APPENDIX C TEM IMAGES, EDS SPECTRA, AND SAED OF ASBESTOS RELEASED FROM PRODUCTS

In addition to the photographs used in illustrations of the report above, video recording was conducted during releasability simulations. From sample analysis, example photomicrographs of asbestos from the air and dust samples follows, including representative EDS showing appropriate fiber chemistry, and SAED showing characteristic mineral structure (reciprocal lattice)of the three asbestos types identified in these talcs.

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