A Nano-Mesothelioma False Alarm

Posted on November 3, 2008 by John C. Monica, Jr.

For those who are interested, below is the abstract of our new article published in the Fall edition of Nanotechnology Law & Business.   You can find the full edition here: www.nanolabweb.com

 

A Nano-Mesothelioma False Alarm

In May 2008, a scientific study (the “Poland Study”) was published in Nature Nanotechnology—which sparked a rash of popular media claims that like asbestos, exposure to carbon nanotubes may cause mesothelioma. In this article, a team led by lawyer John Monica evaluates the Poland Study in a potential litigation context to determine its significance, if any, in legally establishing that the inhalation of multiwalled carbon nanotubes (“MWCNTs”) causes mesothelioma. After first considering the reliability of the Poland Study's design and execution, they conclude that it would not be admissible in a court of law because it fails Daubert standards. Specifically, they argue that: (i) the design and execution of the Poland Study are not generally accepted in the scientific community for the purposes offered; (ii) in order to reach the conclusion that inhalation of MWCNTs may cause mesothelioma, an expert would have to use the Poland Study in such a manner as to extrapolate from an accepted premise to an unfounded conclusion; and, (iii) the Study's authors failed to adequately account for obvious alternative explanations (confounders), including surface chemistry, sample contamination, sample commingling, spontaneous formation of granulomas, and possible mouse colony infections.

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"nano" The Magazine for Small Science

Posted on July 16, 2008 by John C. Monica, Jr.
Our readers might be interested in this month's edition of nano magazine which features a short article entitled "Asbestos Repeated? Assessing Risk in Nanotube Technologies."  The article discusses the recent Poland/Donaldson paper published in nature nanotechnology that has been getting so much attention.  Beyond the article, this much recommended magazine is published in the UK and features articles on international nanotechnology research, development, and commercialization.  You can download a copy of the magazine here.  Be sure to sign up for future editions by emailing subs@nanomagazine.co.uk.
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New Lux Nano-EHS Summary

Posted on July 15, 2008 by John C. Monica, Jr.

A new Lux Research quarterly report -- "Nanomaterials State of the Market Q3 2008: Stealth Success, Broad Impact" -- contains a section summarizing the state of nano-related environmental, health, and safety issues in the United States. The report contains a very helpful time-line of key nano-related EHS events occurring between the fourth quarter of 2007 and the third quarter of 2008.

Other highlights are Lux's findings that the rate of nano-related publication has doubled in recent years; studies regarding the potential EHS concerns of nanoscale metals are approaching parity with publications concerning carbon and ceramic nanoscale materials; research papers on possible nano-related hazards far exceed those on possible nano-related exposures; there has been a demonstrable increase in research studies on possible nano-related ecological risks; public opinion regarding nanotechnology is mixed, but not negative; and NGO's are still pushing for more regulatory action.   Lux, of course, offers detailed analysis on all of these issues, and you can find out how to purchase a copy of Lux's highly regarded report at http://www.luxresearchinc.com/contact.php

Lux, however, reached one conclusion with which we respectfully disagree. Lux thought the media coverage of the recent Poland Nature Nanotechnology article was "reassuringly judicious." You can see our prior post here which reflects our view that the media coverage of the asbestos-carbon nanotube analogy posited in the Poland article was overblown in our opinion.

C. Poland, et al., "Carbon nanotubes introduced into the abdominal cavity of mice show asbestos-like pathology in a pilot study," Nature Nanotechnology, May 20, 2008.
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REACH and Labor Unions

Posted on July 1, 2008 by Michael E. Heintz
Labor unions in Europe have called for stricter regulation of nanomaterials under the EU's REACH regulations of chemicals.  The unions are concerned about the protection of worker safety throughout the life cycle of nanomaterials.

The European Trade Union Confederation, in a statement here, passed a resolution asking the European Commission to amend REACH to cover imports and manufacturing of chemicals below one tonne per year.  The ETUC sees the ten tonne per year threshold as a loophole that nanomaterials could slip through due to the potentially lower weights involved.  The ETUC cited the recent issues concerning asbestos as a reason for calling for the REACH revisions.

Additional information on the REACH program can be found here, and clearly worker safety is becoming a larger issue, as evidence by the recent concerns over asbestos (see another discussion here).

The European Commission has yet to respond to the ETUC's resolution, but amending REACH will not be a small undertaking.  While the ETUC may have a legitimate issue with the ten tonne limit on REACH, one tonne may still be a large loophole for nanomaterials to fit through.  However, ETUC's concerns should not go unnoticed as worker protection should be a high priority as the sector continues to develop.
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Media Rips Carbon Nanotubes

Posted on June 19, 2008 by John C. Monica, Jr.

There have been a number of articles published since May 20 regarding a possible link between carbon nanotubes and the development of precursors of mesothelioma because of a recent letter published in Nature Nanotechnology.

C. Poland, et al., "Carbon nanotubes introduced into the abdominal cavity of mice show asbestos-like pathology in a pilot study," Nature Nanotechnology, May 20, 2008.


The letter's authors related the results of an in vivo study in which they injected various types of carbon nanotubes into the mesothelial abdominal lining of mice. The study was driven, in part, because of prior speculation regarding a superficial resemblance between certain carbon nanotubes and asbestos fibers, as well as prior studies showing possible adverse EHS effects from exposure to certain types of carbon nanoparticles under laboratory conditions. While not actually causing mesothelioma, the scientists "observed that long MWCNTs produced inflamation FBGCs and granulomas similar to the foreign body inflammatory response caused by long asbestos fibres.“ Of course, the mice did not actually inhale carbon nanotubes (of any size) in the experiment, nor did the nanotubes end up in the chest cavity. The researchers further concluded that the "study does not address whether CNTs would be able to reach the mesothelium in sufficient numbers to cause mesothelioma following inhalation exposure.”

To those judging whether media coverage of the issue has been "fair and balanced," below are some of the more notable articles we have come across since the Poland study was published.

“Are Nanotubes the Next Asbestos?”
Chemical Week, June 2, 2008

“CANCER; Carbon Nanotubes That Look Like Asbestos, Behave Like Asbestos”
Lab Business Week, June 8, 2008
Oncology Business Week, June 8, 2008
Preventive Medicine Week, June 8, 2008
Healthcare Mergers, Acquisitions & Ventures, June 7, 2008
Law & Health Weekly, June 7, 2008
Obesity, Fitness & Wellness Week, June 7, 2008
Biotech Law Weekly, June 6, 2008
Health Business Week, June 6, 2008
Lab Law Weekly, June 6, 2008
Medicine & Law Weekly, June 6, 2008
Biotech Week, June 4, 2008
Healthcare Finance, Tax & Law Weekly, June 4, 2008
Cancer Weekly, June 3, 2008
Disease Prevention week, June 3, 2008
Health Risk Factor Week, June 3, 2008
Clinical Oncology Week, June 2, 2008
Health & Medicine Week, June 2, 2008
Space Daily, May 22, 2008
PR Newswire Europe, May 20, 2008
US Newswire, May 20, 2008

“Cancer concerns over carbon nanotubes”
MINT, May 21, 2008

“Cancer risk seen in nanotechnology; Tiny cylinders used in some products act like asbestos, a study finds”
Los Angeles Times, May 21, 2008

“Carbon nanotube has similar effects to asbestos”
Bioworld Week, May 26, 2008

“Carbon nanotubes as bad as asbestos, says study”
Indo-Asian News Service, May 21, 2008

“Carbon nanotubes behave like asbestos, study shows”
Electronic News, May 26, 2008

“Carbon Nanotubes Could Pose Health Risks Akin to Asbestos”
ChemWeek’s Business Daily, May 23, 2008

“Carbon nanotubes, key ingredient in nanotechnology work, mimic asbestos in mouse tests”
AP Worldstream, May 20, 2008

“Carbon nanotubes may be as hazardous to health as asbestos”
Guardian Unlimited, May 20, 2008

“Carbon nanotubes mimic asbestos in early study”
AP, May 20, 2008
AP Financial Wire, May 20, 2008
AP State & Local Wire, May 20, 2008

“Carbon nanotubes that look like asbestos just as cancerous”
Hindustan Times, May 21, 2008

“Comparison of Nanotubes to Asbestos Spurs Call for EPA, Hill Action”
Superfund Report, June 2, 2008
Water Policy Report, May 26, 2008
Defense Environment Alert, May 27, 2008
Risk Policy Report, May 28, 2008
Inside EPA, May 23, 2008
Environmental Policy Alert, May 21, 2008

“Danger of Nanotube”
Mirror, May 21, 2008

“Effects of Nanotubes May Lead to Cancer, Study Says”
Washington Post, May 21, 2008

“Fears over wonder nanotubes”
West Australian, May 22, 2008

“Health threat of nanotubes may be similar to asbestos, study warns”
Guardian, May 21, 2008

“Hi-Tech Fibres Scare”
Herald Sun, May 22, 2008

“How safe are nanoparticles?”
Christian Science Monitor, May 21, 2008

“In Study, Researchers Find Nanotubes May Pose Health Risks”
New York Times, May 21, 2008

“Nano-fibres lead to pre-cancer symptoms in mice”
Agence France Presse, May 20, 2008

“Nanofibres linked to cancer”
Daily Mail, May 21, 2008

“Nanotech could cause mesothelioma”
ABC Premium News, May 21, 2008

“Nanotubes could cause lung disease like asbestos”
New Scientist, May 24, 2008

“Nanotubes, Like Asbestos, Could Threaten Health”
NPR, May 21, 2008

“Nanotubes may cause cancer hazard”
Guardian Weekly, May 30, 2008

“Nanotubes may pose risk that asbestos does, study reports”
Virginian-Pilot, May 21, 2008

“New cancer alert”
Birmingham Evening Mail, May 21, 2008
Birmingham Mail, May 21, 2008

“New technology may be as bad as asbestos”
Daily Mail, May 21, 2008

“Some nanotubes as dangerous as asbestos”
UPI, May 21, 2008

“Some nanotubes could cause cancer threat – study”
E&E News PM, May 20, 20008

“Study Comparing Nanotubes, Asbestos Prompts Call for EPA Action”
Clean Air Report, May 28, 2008

“Study Finds Certain Nanotubes Could Be as Dangerous as Asbestos”
Inside OSHA, May 26, 2008

“Study links nanotubes to possible lung illness”
International Herald Tribune, May 22, 2008

“Study: ‘Nanotubes’ Pose Same Danger as Asbestos”
Post-Tribune, May 21, 2008

“Study Seen Impacting Expected Cal/EPA Nanotechnology Bill”
Inside Cal/EPA, May 23, 2008

“Study Waves Cautionary Flag About Nanotubes”
National Public Radio, May 23, 2008

“The microparticles that could pose the same risk as asbestos”
Daily Mail, May 21, 2008
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