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Rustoleum Aircraft Remover - United States Federal Court• US District Court for the District of Vermont• Allegheny County Court of Common Pleas• Rust-Oleum Corp.• Hartley

PITTSBURGH - Rust-Oleum Corp., the maker of the product a man was using to remove paint from his bathtub when he died, is arguing that the man knew who died from damage to the product while using it.

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Now, a public interest group is claiming death in a lawsuit in Vermont against the Environmental Protection Agency that recommends exposure to methylene chloride.

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"The decedent, Joshua Paul Atkins, understands and understands the risks associated with the use, if any, of the Aircraft Remover product," Rust-Oleum wrote in response to the lawsuit filed by the man's mother, Lauren Atkins. The Common Court. Applications in Allegheny County.

"With that knowledge, Joshua Paul Atkins continued to use the product in such a way that it continued to cause the expected problems. Based on Joshua Paul Atkins' own opinion on the matter, it should the plaintiff's recovery, if any, would be limited or prohibited.

On February. On 12, 2018, Atkins was trying to remove paint from the front of his truck and used a one-quart can of Rust-Oleum Aircraft Remover, the complaint said.

Lauren Atkins said that Rust-Oleum is not claimed to cause any serious health effects unless it is exposed for a long time or is "used inappropriately by thinking and stimulating the subjects."

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Joshua Atkins works in the bathroom so he can avoid the family dog ​​for the product. He poured the aircraft carrier into a small metal bowl.

Lauren Atkins came home to find her son slumped in the bathtub, the lawsuit alleges. His mouth and nose were bleeding.

Rust-Oleum Corp. said. that the deceased did not use the product properly, which the defendant alleges contributed to, or caused, his death, and his alleged negligence.

"The deceased was unable to adopt appropriate, appropriate and accessible means of self-care while using the Aircraft Remover product," the document states.

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In a related development, Lauren Atkins joined the Vermont Public Interest Research Group, Safer Chemicals Healthy Families and Wendy Hartley, who lost her son after exposure to methylene chloride, to sue Andrew Wheeler, the EPA administrator, and the EPA itself in the United States District Court for the District of Vermont. The action was filed on January 11.

The plaintiffs hope the court will force Wheeler and the EPA to "do their duty under the federal Toxic Substances Control Act to address the serious and immediate threat to human health posed by Methylene Chloride, ” says the law.

"They adopt section 20(a)(2) of TSCA, which gives the United States District Courts the authority to order the EPA to take actions under the Act that it deems impermissible, but which have not been implemented by the EPA."

The Pennsylvania Record first reported this story after Lauren Atkins first filed her lawsuit shortly after her son's death. He and other plaintiffs asked the court for relief, such as issuing a rule prohibiting manufacturers and distributors from selling products containing methylene chloride. They also asked for reasonable fees and costs such as attorneys' fees.

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United States Federal Court • United States District Court for the District of Vermont. removing its stock of methylene chloride and NMP in paint removal products from boards. In addition, The Home Depot has established its labeling systems to prohibit the sale of methylene chloride or NMP products to consumers. We are pleased that Home Depot is following through and taking these important steps.

In 2018, we won a wave of commitments from eleven of North America's largest retailers to ban the sale of paint removers containing the toxic chemicals methylene chloride and N-methylpyrrolidone (NMP).

To find out how these sales policies are being implemented, a campaign team, partner organizations and volunteers visited stores across the country to see if customers were being followed to "remember the store." Over the past few weeks, we and our partners visited 42 locations of five major retailers, each of which pledged to ban the sale of these harmful products by the end of 2018. We visited stores in twelve states (CA , CO, DC, FL, ME, NC, NJ, OK, PA, SC, TX, UT) and Washington, D.C.

Across the board, 62% of the shops we visited regularly sell methylene chloride and/or NMP products We visited their residual methylene chloride and/or NMP-related paints, despite their commitment to stop sale of toxic paints at the end of 2018. deep. confused. We got:

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Although The Home Depot and AutoZone have announced they have stopped buying new orders of methylene chloride and NMP-based paint strippers, company officials for each company tell us they are continuing to sell their remaining assets. This is not the same as the public promises made by these sellers: to end the sale of methylene chloride and / or NMP products by the end of 2018. Selling damaged products, in some cases with a huge discount, is not in the best interest of their customers .

Although we visited a small number of stores for each store, our store visits show that this could be a problem for some of these chains.

Lauren Atkins, whose son Joshua uses Rust-Oleum Aircraft Remover, visited stores in her area. He found that the product that killed him was being sold at about 70% off at the AutoZone store where he bought it. He has products with methylene chloride at his Home Depot and Sherwin-Williams.

"For the sake of all your customers you said you value, and for the sake of your future customers, please continue your commitment to remove dead products containing methylene chloride and NMP from your tablets," said Ms. Atkins. "The lives of your customers and their loved ones depend on your loyalty."

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The longer consumers continue to use these products, the more likely someone will be harmed. After all, at least four people have died using these products, including Joshua, and the Trump Administration has begun dragging its feet to ban these artists horribly two years ago.

In May, in response to our national campaign, Lowe's became the first retailer to pledge to ban the sale of alcoholic beverages.

This led to a huge domino effect. In the following months, Sherwin-Williams, The Home Depot, Walmart, Amazon, AutoZone, True Value, PPG, Kelly-Moore Paints, Home Hardware, and Canadian Tire did the same. These are major victories for our campaign and public health. We thank these vendors for working to ban these harmful products. Their actions save lives.

In contrast, retailers such as Menards and Ace Hardware have not followed through on public promises to ban the products, and the EPA continues to push to ban these products from hazardous chemicals under the Controlled Substances Act Toxic (TSCA). That's why Healthy Families Safer Chemicals, Vermont PIRG and the mothers of two young men who died from methylene chloride filed a lawsuit against Acting Administrator Andrew Wheeler and the EPA for their actions in not ending the ban on the use methylene chloride in paint. openers. The NRDC also announced its intention to file a lawsuit alleging that the EPA failed to take action as required under the TSCA.

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The EPA's own scientists have found that methylene chloride and NMP pose health risks to the public, including cancer, damage to the nervous system and fetal development, and death. According to the EPA, more than 60,000 US workers and 2 million consumers are exposed to methylene chloride and NMP each year.

These retailers should follow through on their promises and pull these dangerous products from stores immediately. If they don't have it, they should follow Lowe's lead and issue a "sale" so customers can't buy these bad products on the list.

In the coming months, we will continue to look at these five grocery stores, and we plan to visit other stores like Walmart, Amazon, and True Value to see how they apply their policies when they apply them. We will continue to ask retailers like Menards and Ace Hardware to partner with them.

This new in-store research shows why we need federal action and enforcement from the EPA, to ensure that toxic chemicals are not left on store shelves.

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In the meantime, buyers should beware. Until these consumer policies are properly implemented and the EPA bans these products, consumers should be careful when purchasing paint sprayers to ensure they do not contain these dangerous chemicals. Learn more about security options.

Be a bitter banker! Help us find the vendors who regularly buy methylene chloride and NMP for painters. If you know of a store that regularly sells methylene chloride or NMP products, please contact Safer

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