chloride and that ways had to he found to share information better. One adviser to Califano thinks the ex-, ercise is well worth it, despite its long struggle to achieve a comprehensive logic. "It has set in motion a process that will he worthwhile and more productive than anything like this that has gone on in the past," he says. "Each agency has to impose a S A T T framework on its activities. This will force a discussion and analysis where things have heen rightly or wrongly emphasized." Nevertheless, the exercise resembles a hydra, with many different attitudes competing, just as in politics. As Eisenberg declared in remarks at the conference, "We do not accept the premise that resource limitations preclude any significant expansion of the health research budget. T h a t is a political judgment, not a reflection of economic necessity." In short, agreement will come hard. Wil Lepkowski, C&EN Washington
Product liability model law drafted The Commerce Department has drafted a model law that it hopes will help unsnarl the legal tangle surrounding product liability litigation. As the department notes, liability law is "fraught with uncertainty." Rules vary among jurisdictions and courts, and are in a constant state of flux. In the past year and a half, 18 states have enacted their own product liability legislation widening already existing disparities in the law, Commerce says. T h e uncertainties in these laws have been blamed for soaring product liability insurance rates, which on the average increased 210% between 1974 and 1976. These, in turn, according to Commerce, have led to increased prices for consumer and industrial products; acted as a disincentive to the development of high-risk but potentially beneficial products; and led to many, particularly small, businesses going without product liability insurance coverage. After a $500,000, 18-month study of product liability problems, a federal interagency task force recommended changing the tort-litigation system more than a year ago. Among other changes, the task force recommended that any new law provide basic standards of responsibility, making distinctions among problems relating to defects in construction, defects in design, and defects based on failure to warn; define a time period after which a manufacturer's duty to product users terminates; set a duty limitation for unavoidably unsafe products; and set up a no-fault compensation system for damages caused by products. Many, but not all, of these suggestions have been incorporated in the proposed model law. For example, under the model law, product sellers would be held strictly liable for defects in construction or mismanufactured products. 18 C&EN Jan. 22, 1979
Ivery great advance :;ience has issued iroi a new audacity of imagination." John Dewey Phillips has witnessed many great advances in the petro-sulfur industry. Advances that have helped other industries unfold new products. Advances that have stimulated the imaginations of entire corporations. Advances, incidenta i l / , that have made Phillips the leader in the petro-sulfur compound field. For more information write: Specialty Chemicals 14C4, Bartlesville, Oklahoma 74004. Or call 918 661-4872. PHILLIPS CHEMICAL COMPANY A D I V I S I O N OF P H I L L I P S P E T R O L E U M
COMPANY
The Performance Company
PHILLIPS PETRO-SULFUR COMPOUNDS
Phillips Pebo-Sulfui Compounds. When your en gineers, research or other develop ment personnel need petro-sulfur compounds in individual or commercial quantities, contact Phillips. The leader in petrosulfur compounds. Mercaptans Sulfides (Thiols) Methyl Sulfide Είί *Ethyl Mercaptan Ψ' S u l f i d e *n-Propyl Mercaptan | , " B " q W t S l f ?« *n-Butyl Mercaptan tort-Butyl Sulfide Sec-Butyl Mercaptan ~ 1 - a n d *tert-Butyl Mercaptan Polysulfides *n-Hexyl Mercaptan Di-tert-Butyl Disulfide *n-0ctyl Mercaptan ^n^gî^1 ** * « * ι ». χ Disulfide tert-Octyl Mercaptan Di-tert-Butyl *tert-Nonyl Mercaptan Polysulfide n-Decyl Mercaptan Sulfones *n-Dodecyl Mercaptan *Sulfolane *tert-Dodecyl (anhydrous) Mercaptan *Sulfolane W *tert-Tetradecyl (3% water) Mercaptan *Sulfolene *tert-Hexadecyl Miscellaneous Mercaptan *Ethylthioethanol *Mixed Tertiary *Ethylthioacetate Mercaptans *2-Mercaptoethanol 'Available in commercial volumes. For more information write: Specialty Chemicals 14C4, Bartlesville, Oklahoma 74004. Or call 918 661-4872
PHILLIPS CHEMICAL COMPANY The Performance Company
In regard to claims based on defects in design, it will be up to the injured party to prove that the design was indeed defec tive. In determining whether a design is defective, the court is to consider if an alternative design should have been uti lized in light of several factors. These factors include the likelihood at the time of manufacture that the product would cause the harm suffered; the technological feasibility of manufacturing a product designed so as to prevent the harm; the relative costs of producing, distributing, and selling such an alternative design; and the new or additional harm it might have caused. The seller also can be held responsible for harm caused by failure to provide ad equate warning of known hazards or not providing instructions on how to use the product. The law shields sellers from the cost of injuries caused by products that cannot be made safe at the time of man ufacture. However, product sellers must warn about such hazards, if they know or have reason to know about them. However, the law presumes that a product is safe when it was manufactured in accordance with the technical, safety, mechanical, and scientific knowledge available at the time of production. Under the law, a limit is placed on how long a seller can be held liable for injuries caused by his products. In regard to workplace injuries, a product seller's lia bility ends 10 years after date of delivery to the first purchaser for use in the workplace. However, if a worker receives an injury from the product after the 10 years is up, he or she may recover mone tary losses from the employer. A con sumer product is presumed to have out lived its "useful safe life" 10 years after the time it was first sold. The contribution of the user's conduct to his or her injury also is taken into ac count under the law. For example, if a product is used even though it has a defect that is apparent to an ordinary person, damages are to be reduced. If.a person voluntarily uses a product knowing of a defect, claims for damages will either be dismissed or reduced. And if the product is misused in a way the seller could not reasonably anticipate, the seller will not be held liable. The law also provides that any attorney who intends to file a claim under its pro visions must notify the product seller within six months of entering an attor ney-client relationship with the claimant. And all suits must be brought within three years of the time the claimant discovered that a defective product may have caused the injury received. The model law, which is offered for public comment in the Jan. 12 Federal Register, is expected to be in final form early this summer. Although designed primarily for adoption by state legisla tures, the law might well be offered in Congress as a basis for a federal product liability law. Several House and Senate subcommittees, particularly those con cerned with small businesses, have ex pressed interest in a national law. D
Federal Alertnew regulations This listing covers noteworthy regu lations appearing in the Federal Register from Nov. 13,1978, to Jan, 10. Page numbers refer to those issues. PROPOSED Consumer Product Safely CommissionProposes under Federal Hazardous Sub stances Act to amend labeling requirement for hazardous substances intended for household use; comments by Feb. 12 (Dec. 13, 1978, page 58195). Environmental Protection Agency—Pro poses rules for treatment, storage, and dis posal of hazardous wastes; comments by March 16 (Dec. 18, 1978, page 58946). Proposes rules for premarket notification under Toxic Substances Control Act; com ments by March 26 (Jan. 10, page 2242). Food & Drug Administration—Intends to propose regulations governing recombinant DNA research for products under FDA ju risdiction; comments by Feb. 20 (Dec. 22, 1978, page 60134). Patent & Trademark Office—Proposes procedures for giving advisory opinion on validity of patents; comments by April 11; hearings m Arlington, Va., on April 11 (Dec. 20, 1978, page 59401). Transportation Department—Proposes hydrostatic testing of highly volatile liquid pipelines constructed before 1971; com ments by Feb. 15 (Nov. 13, 1978, page 52504, FINAL Council on Environmental Quality—Issues procedural revisions for National Environ mental Policy Act; effective June 20 (Nov. 29, 1978, page 55978). Environmental Protection Agency—Issues interpretation of its Prevention of Significant Deterioration rules (Dec. 13, 1978, page 58188). Food & Drug Administration—Issues rules pertaining to good laboratory practices for nonclinical laboratories; effective June 20 (Dec. 22, 1978, page 59986). Occupational Safety & Health Administra tion—Issues procedural rules for inspecting workplace over an employer's objection; effective Dec. 22, 1978 (Dec. 22, 1978, page 59838). National Institutes of Health—Revised guidelines for recombinant DNA research (Dec. 22, 1978, pages 60048, 60080). NOTICES Center for Disease Control—Initiates medical study of workers exposed to carbon disulfide (Dec. 20, 1978, page 59442). Environmental Protection Agency—An nounces availability of Toxic Substances Control Act confidential business data se curity manual (Nov. 17,1978, page 53817). Publishes list of approved disposal sites for PCB's (Dec. 20, 1978, page 59432).
Jan. 22, 1979 C&EN 19
