Playing with fire
Transcription
Playing with fire
Tribune Watchdog Playing with fire A deceptive campaign by industry brought toxic flame retardants into our homes and into our bodies. And the chemicals don’t even work as promised. Sunday, May 6, 2012 By Patricia Callahan and Sam Roe Dr. David Heimbach knows how to tell a story. Before California lawmakers last year, the noted burn surgeon drew gasps from the crowd as he described a 7-week-old baby girl who was burned in a fire started by a candle while she lay on a pillow that lacked flame retardant chemicals. “Now this is a tiny little person, no bigger than my Italian greyhound at home,” said Heimbach, gesturing to approximate the baby’s size. “Half of her body was severely burned. She ultimately died after about three weeks of pain and misery in the hospital.” Heimbach’s passionate testimony about the baby’s death made the long-term health concerns about flame retardants voiced by doctors, environmentalists and even firefighters sound abstract and petty. But there was a problem with his testimony: It wasn’t true. Records show there was no dangerous pillow or candle fire. The baby he described didn’t exist. Neither did the 9-week-old patient who Heimbach told California legislators died in a candle fire in 2009. Nor did the 6-week-old patient who he told Alaska lawmakers was fatally burned in her crib in 2010. Heimbach is not just a prominent burn doctor. He is a star witness for the manufacturers of flame retardants. His testimony, the Tribune found, is part of a decades-long campaign of deception that has loaded the furniture and electronics in American homes with pounds of toxic chemicals linked to cancer, neurological deficits, developmental problems and impaired fertility. The tactics started with Big Tobacco, which wanted to shift focus away from cigarettes as the cause of fire deaths, and continued as chemical companies worked to preserve a lucrative market for their products, according to a Tribune review of thousands of government, scientific and internal industry documents. These powerful industries distorted science in ways that overstated the benefits of the chemicals, created a phony consumer watchdog group that stoked the public’s fear of fire and helped organize and steer an association of top fire officials that spent more than a decade campaigning for their cause. Today, scientists know that some flame retardants escape from household products and settle in dust. That’s why toddlers, who play on the floor and put things in their mouths, generally have far higher levels of these chemicals in their bodies than their parents. Blood levels of certain widely used flame retardants doubled in adults every two to five years between 1970 and 2004. More recent studies show levels haven’t declined in the U.S. even though some of the chemicals have been pulled from the market. A typical American baby is born with the highest recorded concentrations of flame retardants among infants in the world. People might be willing to accept the health risks if the flame retardants packed into sofas and easy chairs worked as promised. But they don’t. The chemical industry often points to a government study from the 1980s as Bulls down, but not out (yet Playoff challenge intensifies without Rose and Noah hurting Chicago Sports proof that flame retardants save lives. But the study’s lead author, Vytenis Babrauskas, said in an interview that the industry has grossly distorted his findings and that the amount of retardants used in household furniture doesn’t work. Sunday, May 6, 2012 “The fire just laughs at it,” he said. Other government scientists subsequently found that the flame retardants in TRIBUNE WATCHDOG household furniture don’t protect consumers from fire in any meaningful way. The U.S. Environmental Protection Agency, meanwhile, has allowed generation after generation of flame retardants onto the market and into American homes without thoroughly assessing the health risks. The EPA even promoted one chemical mixture as a safe, eco-friendly flame retardant despite grave concerns from its deceptive own scientists about potential hazards to A humans andcampaign wildlife. by industry brought toxic flame reta homes and into our bodies. And the chemicals don’t even w Since the 1970s manufacturers By Patricia Callah have repeatedly withdrawn flame rer. David Heim tardants amid health concerns. Some Before Cal surgeon drew have been banned by a United Na7-week-old baby girl wh while she lay on a pillow tions treaty that seeks to eliminate “Now this is a tiny greyhound at home,” sai the worst chemicals in the world. baby’s size. “Half of her died after about three we Chemtura Corp. and Albemarle Heimbach’s passiona the long-term health co Corp., the two biggest U.S. manufacdoctors, environmental and petty. turers of flame retardants, say their But there was a pro Records show there wa products are safe and effective, argubaby he described didn’t Neither did the 9-w ing that they have been extensively patient who Heimbac California legislators di candle fire in 2009. Nor evaluated by government agencies 6-week-old patient who Alaska lawmakers was burned in her crib in 201 here and in Europe. Heimbach is not just a inent burn doctor. He i witness for the manufa “Flame retardants provide an esof flame retardants. His testimony, the T sential tool to enable manufacturers of found, is part of a decad campaign of deception t loaded the furniture an products to meet the fire safety codes tronics in American with pounds of toxic ch linked to cancer, neuro and standards necessary to protect deficits, developmental lems and impaired fertil life and property in a modern world,” The tactics started w Tobacco, which wanted focus away from cigare John Gustavsen, a Chemtura spokesthe cause of fire death continued as chemical nies worked to preserve man, said in a written statement. tive market for their pr according to a Tribune His company, Gustavsen said, of thousands of gover scientific and internal in documents. strongly disagrees with the main findThese powerful ind distorted science in wa overstated the benefits ings of the Tribune’s investigation. Consumer Product Safety Commission photo chemicals, created a pho sumer watchdog grou Up in flames: Government scientists found that chairs conHeimbach, the burn doctor, has taining flame retardants, like the one being tested above, burned just as fast as identical chairs without them. regularly supported the industry’s Tribune Makers of flame retardants With cigarettes starting deadly Chemical companies say position that flame retardants save wage a deceptive campaign fires, tobacco companies science shows that flame lives. But he now acknowledges the storiesfindings he told lawmakers about victims were to boost demand for the created a new scapegoat — the retardants prevent fire de chemicals even though furniture going up in flames — and are safe, but the resea Four-part investigation they don’t work as billed and invested in a national group they often cite is either not always factual. and put our health at risk. of fire officials that would seriously flawed or grossly deliver the message. distorted. He told the Tribune his testimony in California was “an anecdotal story rather than anything which I would say was absolutely true under oath, because I wasn’t under oath.” NATO summit At 9 Whatofdo mothers want? to be a hard road Heimbach, a retired Seattle doctor and former president the American Burn for motorists sile Chicago officials are Association, also said his anecdotes were not about different children but about the The fiv describing a long list of the 9/11 road closings, parking bans masterm and mass-transit reroutes same infant. But records and interviews show that the baby Heimbach said he had hamme during the NATO summit test bef weekend as “minor inconGuanta in mind when testifying didn’t die as he described and that flame retardants were Mother’s Day is just a week away. Faced with the annual veniences,” but independurday. task of divining what mothers want, the Tribune’s Ellen ent transportation experts Warren smartly turned to ... mothers. Each woman shared aren’t so sure. Their best not a factor. two ideas: one that money can buy, and one that money advice to drivers planning can’t buy. And yes, sleep made the list. to head downtown on Airlin May 19-21? Don’t do it. After the Tribune confronted chemical executives with Heimbach’s questionGood d Fresh ideas for heartfelt gifts. able testimony, he offered, through his lawyer, another explanation for why his stoChicago Weather Center: Complete $1.99 city and su ries didn’t add up: He intentionally changedTom theSkilling’s facts to protect privacy. forecast High 73 patient Low 60 forecast in Nation & World, Page 43 165th year No. 12 Yet the most crucial parts of his testimony — the cause of the fire and the lack of flame retardants — had nothing to do with privacy. Instead, they served to bolster Playing with f Tribune reporters D CONSUMER PRODUCT SAFETY COMMISSION PHOTO UP IN FLAMES: Government scientists found that chairs containing flame retardants, like the one being tested above, burned just as fast as identical chairs without them. Story, Page 22 INDUSTRY DECEPTION Sunday TOBACCO’S CLOUT DISTORTING SCIENCE Tuesday Wednesday N Sunday section Chicagoland, Page 4 Plus: Money & Real Estate the industry’s argument that chemical retardants save lives. In the last quarter-century, worldwide demand for flame retardants has skyrocketed to 3.4 billion pounds in 2009 from 526 million pounds in 1983, according to market research from The Freedonia Group, which projects demand will reach 4.4 billion pounds by 2014. As evidence of the health risks associated with these chemicals piled up, the industry mounted a misleading campaign to fuel demand. There is no better example of these deceptive tactics than the Citizens for Fire Safety Institute, the industry front group that sponsored Heimbach and his vivid testimony about burned babies. Fear and deception In the website photo, five grinning children stand in front of a red brick fire station that could be on any corner in America. They hold a hand-drawn banner that says “fire safety” with a heart dotting the letter “i.” Citizens for Fire Safety describes itself as a group of people with altruistic intentions: “a coalition of fire professionals, educators, community activists, burn centers, doctors, fire departments and industry leaders, united to ensure that our country is protected by the highest standards of fire safety.” “I’m well-meaning Heimbach summoned that image when he told lawmakers thatathe organization guy. I’m not — Dr. David Heimbach, a burn expert. Above, Heimb was “made up of many people like me who have no particular interest in the chemiflame retardant chemicals in furniture. He told the T cal companies: numerous fire departments, numerous firefighters and many, many burn docs.” But public records demonstrate that Citizens for Fire Safety actually is a trade association for chemical companies. Its executive director, Grant Gillham, honed his political skills advising tobacco executives. And the group’s efforts to influence fire-safety policies are guided by a mission to “promote common business interests of members involved with the chemical manufacturing industry,” tax records show. Its only sources of funding — about $17 million between 2008 and 2010 — are “membership dues and assessments” and the interest that money earns. The group has only three members: Albemarle, ICL Industrial Products and Chemtura, according to records the organization filed with California lobbying regulators. Those three companies are the largest manufacturers of flame retardants and together control 40 percent This 2008 ad in the Los Angeles of the world market for these chemicals, according to “Citizen Times helped Citizens for Fire The Freedonia Group, a Cleveland-based research firm. Safety, a front group for the makthemse ers of flame retardant chemicals, Citizens for Fire Safety has spent its money primarwhen it defeat a California bill that would have reduced the widespread use ily on lobbying and political expenses, tax records show. of flame retardants in products. — Matt Vin Since federal law makes it nearly impossible for the EPA to ban toxic chemicals and Congress rarely steps in, state legislatures from Alaska to Vermont have become the sites of intense battles over flame retardants. Continued from Page 20 Many of the witnesses supporting flame retardants at these hearings were either about its funding Citizens for Many flame re paid directly by Citizens for Fire Safety or were members ofFire groups that ofbenefited Safety. by taking the p financially from Citizens for Fire Safety’s donations, according tax that documents “We to believe this support stered furnitur for advocacy groups is critical to and other records. raise awareness of the importance fireopposition safety and giveas a voice At the same time, Citizens for Fire Safety has portrayedofits mis-to Penta and oc Types those who want to speak out on this important public issue,” Clary said in a written statement. Citizens for Fire Safety is the latest in a string of industry groups that have sprung up on different continents in the last 15 years — Polybrominate diphenyl ether or PBDEs Build up rapidly guided, wealthy environmentalists. But its opponents include a diverse group of public health advocates as well as firefighters who are alarmed by studies showing some flame retardants can make smoke from fires even more toxic. Matt Vinci, president of the Professional Fire Fighters of Vermont, faced what he called “dirty tactics” when he successfully lobbied for his state to ban one flame retardant chemical in 2009. Particularly offensive to Vinci were letters Citizens for Fire Safety sent to Vermont fire chiefs saying the ban would “present an additional hazard for those of us in the fire safety profession.” But the letter’s author wasn’t a firefighter; he was a California public relations consultant. “Citizens for Fire Safety did everything they could to portray themselves as firefighters, as Vermont citizens for fire safety, when it really wasn’t Vermont citizens for fire safety at all,” Vinci said. The group also has misrepresented itself in other ways. On its website, Citizens for Fire Safety said it had joined with the international firefighters’ association, the Amer“I’m a well-meaning guy. I’m not in the pocket of industry.” ican Burn Association and— aDr. key federal agency “totestifies conduct studies toreduced ensure David Heimbach, a burn expert. Above, Heimbach in 2011 against a ongoing California state Senate bill that could have the use of flame retardant chemicals in furniture. He told the Tribune that Citizens for Fire Safety has paid for his travel to testify and for some of his time. safe and effective fire prevention.” Both of those organizations and the federal agency, however, said that simply is not true. “They are lying,” said Jeff Zack, a spokesman for the International Association of Fire Fighters. “They aren’t working with us on anything.” After inquiries from the Tribune, Citizens for Fire Safety deleted that passage from its website. JORDAN SILVERMAN/PHOTO FOR THE TRIBUNE “Citizens for Fire Safety did everything they could to portray Gillham, the executive director, “Citizens for Fire Safety didfor fire safety, themselves as firefighters, as Vermont citizens declined to comment. Albemarle, when it really wasn’t Vermont citizens for fire safety at all.” everything they could to portray — Matt Vinci, above, president of a Vermont firefighters union, who lobbied against a flame retardant Chemtura and ICL Industrial Prodthemselves as firefighters, as ucts also declined to answer specific Vermont citizens for fire safety, questions about the group. Types ofitflame retardants when really wasn’t Vermont about its funding of Citizens for Many Albemarle Chief Sustainability flame retardants are made with bromine or chlorine, which slow fire’s combustive reaction Fire Safety. by taking the place of oxygen. However, tests have cast doubt on whether adding the chemicals to uphol“We believe that this support stered furniture is effective, and concerns over health risks have forced some products off the market. citizens for fire safety at all.” advocacy groups ishis critical to Officer David Clary did forraise say that awareness of the importance of fire safety and give a voice to company has been transparent — Matt Vinci, above, president of a Vermont firefighters those who wantabout to speak out on this important public issue,” Clary union, who lobbied against a flame retardant. said in a written statement. its funding of Citizens for Fire Safety. Citizens for Fire Safety is the latest in a string of industry groups have sprung up on different “We believe that this that support continents in the last for 15 years — casting doubt on health concerns, shooting down restrictions and advocacy groups is critical to raise awareness of the importance of fire safety and working to expand the market for flame retardants. example, the Scigive a voice to those whoenceFor want toBromine speak out on this important public issue,” Clary and Environmental Forum, based in Brussels, may sound like a neutral scientific body. But it was said in a written statement. founded and funded by four chemical manufacturers, includCitizens for Fire Safetying isAlbemarle, the latest to influence in the a string of industry groups that have sprung debate about flame retardants made with bromine. up on different continentsAlbemarle’s in the globallast director15 of years — casting doubt on health concerns, product advocacy, Raymond Dawson, said in blunt testimony before shooting down restrictions andstateworking to expand the market for flame retardants. Washington lawmakers in 2007 that the forum is “a group dedicated to generating science in For example, the Bromine Science and Environmental Forum, based in Brussels, support of brominated flame retardants.” An official from Burson-Marmay sound like a neutralsteller, scientific body. But it was founded and funded by four the global public relations firm that helps run the organizasaid the bromine group is not chemical manufacturers,tion, including Albemarle, to influence the debate about flame misleading anyone because regu- ant manufacturers. The alliance’s allows visitors to choose a Euro- ‘A child crying’ lators, scientists and other stake- director, Bob Graham, said the pean country and watch a sofa retardants made with bromine. The amount of flame retardants holders are well-aware it repre- group’s aim is to improve fire- from that nation being torched. sents industry. safety standards for upholstered Next to a photo of an easy chair in a typical American home isn’t The PR firm also helps run the furniture sold in Europe. fully engulfed in flames, four measured in parts per billion or Albemarle’s global director of product advocacy, Raymond Dawson, said in blunt per million. It’s measured in Alliance for Consumer Fire Safety The group’s website taps into words stand out in large capital parts in Europe, which is funded by a the public’s fear of fire, touting an letters: “ARE YOU SITTING ounces and pounds. couch can have up to 2 trade association of flame retard- “interactive burn test tool” that COMFORTABLY?” testimony before Washington state lawmakers in 2007 that the forum Aislarge“a group dedicated to generating science in support of brominated flame retardants.” An official from Burson-Marsteller, the global public relations firm that helps run the organization, said the bromine group is not misleading anyone because regROBERT DURELL/PHOTO FOR THE TRIBUNE JORDAN SILVERMAN/PHOTO FOR THE TRIBUNE This 2008 ad in the Los Angeles Times helped Citizens for Fire Safety, a front group for the makers of flame retardant chemicals, defeat a California bill that would have reduced the widespread use of flame retardants in products. Continued from Page 20 CHEMICALS Penta and octa Polybrominated diphenyl ethers, or PBDEs Deca Also a PBDE Chlorinated tris Also known as TDCCP Build up rapidly in breast milk and human blood. Hormone disruption, developmental problems, neurological deficits, impaired fertility. Persists in the environment and creates penta as it breaks down. Potential carcinogen, neurological deficits. Not in use. After the European Union voted in 2003 to ban the chemicals, U.S. makers pulled them from the market. Penta is still present in older furniture, other products containing foam and recycled carpet padding. Being phased out. Manufacturers voluntarily agreed to end production by December 2013. It is still present in the casing of older electronics and in wire insulation, textiles, automobiles and airplanes. Firemaster 550 Brand name HAZARDS Probable carcinogen, neurological deficits. Chemical’s brominated components found in wildlife. Levels increasing in air around the Great Lakes. Developmental problems at high doses. STATUS Still in use. Voluntarily removed from children’s sleepwear in late 1970s but still widely used in furniture foam. Also has been found in baby products containing polyurethane foam. SOURCES: U.S. Environmental Protection Agency, Consumer Product Safety Commission, National Research Council, peer-reviewed research. Still in use. Introduced in 2003 as a replacement for penta. Identified for “high priority” review by U.S. Environmental Protection Agency. TRIBUNE pounds in its foam cushi chemicals also are insid highchairs, diaper-chang and breast-feeding pillow clers turn chemically trea into the padding underne pets. “When we’re eating we’re avoiding very amounts of pesticides,” lene Blum, a California who has fought to lim retardants in household p “Then we sit on our co can contain a pound of c that’s from the same f banned pesticides like DD These chemicals are ub not because federal rules it. In fact, scientists at Consumer Product Safe mission have determined flame retardants in ho furniture aren’t effecti some pose unnecessary risks. The chemicals are wid because of an obscu adopted by California re in 1975. Back then, a state devised an easy-to-replic test that didn’t require m turers to set furniture on expensive proposition. The test calls for expo foam to a candle-like flam seconds. The cheapest wa the test is to add flame re to the foam inside cushio But couches aren’t m foam alone. In a real upholstery fabric, typic treated with flame re burns first, and the flam big enough that they ove even fire-retardant foam tists at two federal agenc found. Nevertheless, in the since that rule went int lawyers have regularly arg their burn-victim client have been spared if on sofas had been made with nia foam. Faced with the of these lawsuits — logistical challenge of pr separate products just for nia — many manufacture using flame retardant foa their product lines. As a result, California come the most critica ground in recent years vocates trying to reduce th lence of these chemicals i can homes. Citizens for Fire Sa successfully fought back powerful, and surprisin making flame retardants issue. The group and witnes ties to it have argued tha erished, minority childre burn to death if flame re were removed from ho products. In 2009, for instance, m of the California State A were considering a bill th have made it unnecessar flame retardants to ma products by excluding th the state’s flammability tion. Up to the microphone Zyra McCloud, an African can community activist glewood, Calif. McCloud was preside community group that lis zens for Fire Safety as a on its website and include of McCloud with Gillh executive director. She disclose this connection assembly, nor was she ask In a news release, Cit Fire Safety already had McCloud saying that children, who constitut proportionate share of fir would bear the brunt “ill-conceived and unsafe tion.” At the hearing, the co chairwoman told both si were out of time for testim McCloud pleaded with allow two elementary sch dents from her district to lawmakers. “We have spent all w long with the kids that h family members and frie have died in fires, and praying and appealing to you would at least allow boys to speak,” she said. One of the boys, a 10read from a statement. “I just want you to im child crying for help in a building, dying, when the person who only had to save their life,” he said. Citizens for Fire Saf vailed. The bill later went defeat. McCloud told the “I’ve always been a pers fought against things tha hurt children.” She then a questions in writing bu answered them. Nearly two years after failed, one of the nation’s surgeons would also inv image of a dead child California lawmakers on Please turn to Next Page safety codes and standards necessary to protect life and property in a modern world,” John Gustavsen, a Chemtura spokesman, said in a written statement. His company, Gustavsen said, strongly disagrees with the main findings of the Tribune’s investigation. Heimbach, the burn doctor, has regularly supported the industry’s position that flame retardants save lives. But he now acknowledges the stories he told lawmakers about victims were not always factual. He told the Tribune his testimony in California was “an anecdotal story rather than anything which I would say was absolutely true under oath, because I wasn’t under oath.” Heimbach, a retired Seattle doctor and former president of the American Burn Association, also said his anecdotes were not about different children but about the same infant. But records and interviews show that the baby Heimbach said he had in mind when testifying didn’t die as he described and that flame retardants were not a factor. After the Tribune confronted chemical executives with Heimbach’s questionable testimony, he offered, through his lawyer, another explanation for why his stories didn’t add up: He intentionally changed the facts to protect patient privacy. Yet the most crucial parts of his testimony — the cause of the fire and the lack of flame retardants — had nothing to do with privacy. Instead, they served to bolster the industry’s argument that chemical retardants save lives. In the last quarter-century, worldwide demand for flame retardants has skyrocketed to 3.4 billion pounds in 2009 from 526 million pounds in 1983, according to market research from The Freedonia Group, which projects demand will reach 4.4 billion pounds by 2014. As evidence of the health risks associated with these chemicals piled up, the industry mounted a misleading campaign to fuel demand. There is no better example of these deceptive tactics than the Citizens for Fire Safety Institute, the industry front group that sponsored Heimbach and his vivid testimony about burned babies. Labels provide little help when ulators, scientists and other stakeholders are well-aware it represents industry. picking products The PR firm also helps run the Alliance for Consumer Fire Safety in Europe, By Michael Hawthorne which is funded by a trade association of flame retardant manufacturers. The alliTribune reporter ance’s director, Bob Graham, said the group’s aim is to improve fire-safety standards Most parents are forced to guess if toys, furniture and other household products are for upholstered furniture sold in Europe. exposing their kids to toxic chemicals. Heather can figure itan out“interactive in her The group’s website taps into the public’s laboratory. fear of Stapleton fire, touting burn A furniture tag indicates the foam has bee Stapleton, country an environmental at a sofa from test tool” that allows visitors to choose a European andchemist watch Duke University, is one of the nation’s treated with fire retardants. But even item leading experts on flame retardants. Her lacking this tag may have been treated. that nation being torched. research shows that it is extremely difficult to avoid the which she has found stand In her own Next to a photo of an easy chair fully engulfed inchemicals, flames, four words outhome, in Stapleton switched th not only in furniture cushions, but also in living room from carpet to hardwood floor such unlikely fire hazards as breast-feeding in an attempt to keep dust from accumulat large capital letters: “ARE YOU SITTING COMFORTABLY?” ‘A child crying’ ALEX GARCIA/TRIBUNE PHOT pillows and diaper-changing pads. “We detect these chemicals in almost every home, particularly in dust,” Stapleton said. “When people ask me how to prevent their kids from being exposed, I find it a difficult question to answer.” ing. She also bought mattresses made wit organic materials for her 3-year-old son an year-old daughter to nap on at their day car center. Her tests showed the center regular foam mattresses were treated wit The amount of flame retardants in a typical American home isn’t measured in parts per billion or parts per million. It’s measured in ounces and pounds. A large couch can have up to 2 pounds in its foam cushions. The chemicals also are inside some highchairs, diaper-changing pads and breast-feeding pillows. Recyclers turn chemically treated foam into the padding underneath carpets. “When we’re eating organic, we’re avoiding very small amounts of pesticides,” said Arlene Blum, a California chemist who has fought to limit flame retardants in household products. “Then we sit on our couch that can contain a pound of chemicals that’s from the same family as banned pesticides like DDT.” ROBERT DURELL/PHOTO FOR THE TRIBUNE These chemicals are ubiquitous “When we’re eating organic, we’re not because federal rules demand “When we’re eating organic, we’re avoiding avoiding small amountsThen of we it. In fact, scientists at the U.S. Convery small very amounts of pesticides. sumer Product Safety Commission pesticides. Then wecan sitcontain on ouracouch sit on our couch that pound Fear and deception have determined that the flame retarof chemicals that’s from the same family as that can contain a pound of chemiIn the website photo, five grinpesticides dants in householdningfurniture children standaren’t in front of a banned cals that’s fromlike theDDT.” same family as red brick fire station that could be — Arlene Blum, a California chemist who fighting to limit flame effective, and some pose unnecessary on any corner in America. They banned pesticides like isDDT.” hold a hand-drawn banner that retardants in household products. Above, she waits to testify before the state Senate in 2011. health risks. says “fire safety” with a heart California — Arlene Blum, a California chemist who is fighting to limit dotting the letter “i.” The chemicals areCitizens widely be- de- flame retardants in household products. Above, she waits to for used Fire Safety testify before the California statepolitical Senate skills in 2011. scribes itself as a group of people the organization was “made up of advising tobacco cause of an obscurewith rule adopted altruistic intentions: by “a coali- many people like me who have no executives. And the group’s efforts tion of fire professionals, educa- particular interest in the chemical to influence fire-safety policies are California regulators 1975.activists, Backburn companies: numerous fire depart- guided by a mission to “promote tors, in community centers, doctors, fire departments ments, numerous firefighters and common business interests of then, a state chemistanddevised an easy-to-replicate burn didn’t require manindustry leaders, united to many, many burn docs.”test thatmembers involved with the ensure that our country is proBut public records demonstrate chemical manufacturing indusufacturers to set furniture on fire, an expensive proposition. tected by the highest standards of that Citizens for Fire Safety actu- try,” tax records show. safety.” ally is a trade association for Its only sources of funding — The test calls forfireexposing raw foam to a candle-like flame for 12 seconds. The Heimbach summoned that im- chemical companies. Its executive about $17 million between 2008 age when he told lawmakers that director, Grant Gillham, honed his and 2010 — are “membership dues cheapest way to pass the test is to add flame retardants to the foam inside cushions. But couches aren’t made of foam alone. In a real fire, the upholstery fabric, typically not treated with flame retardants, burns first, and the flames grow big enough that they overwhelm even fire-retardant foam, scientists at two federal agencies have found. Nevertheless, in the decades since that rule went into effect, lawyers have regularly argued that their burn-victim clients would have been spared if only their sofas had been made with California foam. Faced with the specter of these lawsuits — and the logistical challenge of producing separate products just for California — many manufacturers began using flame retardant foam across their product lines. As a result, California has become the most critical battleground in recent years for advocates trying to reduce the prevalence of these chemicals in American homes. ROBERT DURELL/PHOTO FOR THE TRIBUNE and assessments” a that money earns. The group has o bers: Albemarle, Products and Che ing to records th filed with Califo regulators. Those three com largest manufactu retardants and to 40 percent of the w these chemicals, ac Freedonia Group, based research firm Citizens for Fi spent its money lobbying and poli tax records show. law makes it nearly the EPA to ban t and Congress rarel legislatures from mont have becom intense battles ove dants. Many of the witn ing flame retard hearings were eith by Citizens for Fire members of groups financially from C Safety’s donations tax documents and At the same tim Fire Safety has port sition as misguided ronmentalists. But include a diverse g health advocates a fighters who are al ies showing some dants can make sm even more toxic. Matt Vinci, pre Professional Fire F mont, faced what h tactics” when he su Citizens for Fire Safety has successfully fought back with a powerful, and surprising, tactic: making flame retardants a racial issue. The group and witnesses with ties to it have argued that impoverished, minority children would burn to death if flame retardants were removed from household products. In 2009, for instance, members of the California State Assembly were considering a bill that would have made it unnecessary to add flame retardants to many baby products by excluding them from the state’s flammability regulation. Up to the microphone stepped Zyra McCloud, an African-American community activist from Inglewood, Calif. McCloud was president of a community group that listed Citizens for Fire Safety as a sponsor on its website and included photos of McCloud with Gillham, the execudsheet PubDate: 05-06-2012 Zone: ALL SHDdisclose Page: MAIN1-20 User: grejohnson Time:assembly, 05-05-2012 22:24 Color:she K asked. Y M C tive director. SheEdition: did not this connection to the nor was In a news release, Citizens for Fire Safety already had quoted McCloud saying that minority children, who constitute a disproportionate share of fire deaths, Sunday, May 6, 2012 B would bear the brunt of the “ill-conceived and unsafe legislation.” At the hearing, the committee chairwoman told both sides they were out of time TCHDOG for testimony, but McCloud pleaded with her to allow two elementary school stuH FIRE dents from her district to address lawmakers. “We have spent all weekend long with the kids that have had family members and friends who have died in fires, and we are praying and appealing to you that you would at least allow the two boys to speak,” she said. One of the boys, a 10-year-old, read from a statement. t group stokes fear of fire m me he Bahat ed nt old he sts me re re Chemicals hard to avoid Flame retardants are present in virtually every American home even though some of the compounds have been linked to neurological deficits, developmental problems, impaired fertility and other health risks. WHERE FLAME RETARDANTS ARE FOUND In the plastic casing of some electronics In home insulation oas rahe es he osa nt its ial ers me ns. a to in rle uay ecen npe. an acre esin en, na In upholstered furniture containing polyurethane foam — manufacturers add it to meet flammability standards enacted by California but followed nationwide In dust — children are exposed to higher doses of flame retardants than adults because they spend more time on the floor and put things in their mouths In carpet padding made with recycled foam SOURCES: EPA, Tribune reporting In some baby products containing polyurethane foam, including highchairs and diaper-changing pads KATIE NIELAND/TRIBUNE one of the flame retardant chemicals she “I just want you to imagine a child crying for help in a burning building, dying, when there was a person who only had to vote to save their life,” he said. Citizens for Fire Safety prevailed. The bill later went down to defeat. McCloud told the Tribune, “I’ve always been a person that’s fought against things that would hurt children.” She then asked for questions in writing but never answered them. Nearly two years after that bill failed, one of the nation’s top burn surgeons would also invoke the image of a dead child before California lawmakers on behalf of Citizens for Fire Safety. When Dr. David Heimbach walked into the California Senate committee hearing last year, the stakes had never been higher for flame retardant manufacturers. Once again, senators were considering an overhaul of the state’s flammability regulation — one that advocates believed would dramatically reduce the amount of flame retardants in American homes. The bill would allow manufacturers to choose the existing candlelike flame test or a new one based on a smoldering cigarette, a far more common source of fires than candles. Manufacturers could pass the new test by using resistant fabrics rather than adding toxic chemicals to the foam inside. To maintain the status quo — and avoid a hit to the bottom line — chemical makers needed to stress that fires ROBERT DURELL/PHOTO FOR THE TRIBUNE “I’m a well-meaning guy. I’m not in the pocket of industry.” started by candles were a serious “I’m a well-meaning guy. I’m not in threat. the pocket of industry.” Heimbach, Citizens for Fire Safe— Dr. David Heimbach, a burn expert. Above, Heimbach ty’s star witness, did just that. testifies in 2011 against a California state Senate bill that could have reduced the use of flame retardant chemicals in With Citizens for Fire Safety’s furniture. He told the Tribune that Citizens for Fire Safety has paid for his travel to testify and for some of his time. Gillham watching from the audience, Heimbach not only passionately described the fatal burns a 7-week-old Alaska patient received lying on a pillow that lacked flame retardants, he also blamed the 2010 blaze on a candle. “Citizens for Fire Safety did everything they could to portray In fact, he specifically said the baby’s mother had placed a candle in the girl’s crib. themselves as firefighters, as Vermont citizens for fire safety, when it really wasn’t Vermont citizens for fire safety at all.” Heimbach had told similar stories before, the Tribune found. In 2009, he told a California State Assembly committee that he had treated a 9-week-old girl who died that spring after a candle beside her crib turned Types over.of“We to split open her flamehad retardants fingers because they were so charred,” he testified. In 2010, he told Alaska lawmakers about a 6-week-old girl from Washington state who died that year after a dog knocked a candle onto her crib, which did not have a flame retardant mattress. Heimbach’s hospital in Seattle, Harborview Medical Center, declined to help the Tribune confirm his accounts. But records from the King County medical examiner’s office show that no child matching Heimbach’s descriptions has died in his hospital in the last 16 years. The only infant who came close in terms of age and date of death was Nancy Garcia-Diaz, a 6-week-old who died in 2009 after a house fire in rural Washington. ‘A child crying’ In an interview, Heimbach said his anecdotes were all about the same baby — one who died at his hospital, though he didn’t know the child’s name. Contrary to his testimony, he said he had not taken care of the patient. Product: CTBroadsheet PubDate: 05-06-2012 Zone: ALL Edition: SHD Page: MAIN1-21 User: grejohnson Time: 05-05-2012 B 22:23 Color: K Chicago Tribune | Section 1 | Sunday, May 6, 2012 ROBERT DURELL/PHOTO FOR THE TRIBUNE — Dr. David Heimbach, a burn expert. Above, Heimbach testifies in 2011 against a California state Senate bill that could have reduced the use of flame retardant chemicals in furniture. He told the Tribune that Citizens for Fire Safety has paid for his travel to testify and for some of his time. JORDAN SILVERMAN/PHOTO FOR THE TRIBUNE This 2008 ad in the Los Angeles Times helped Citizens for Fire Safety, a front group for the makers of flame retardant chemicals, defeat a California bill that would have reduced the widespread use of flame retardants in products. — Matt Vinci, above, president of a Vermont firefighters union, who lobbied against a flame retardant Continued from Page 20 about its funding of Citizens for Fire Safety. “We believe that this support for advocacy groups is critical to raise awareness of the importance of fire safety and give a voice to those who want to speak out on this important public issue,” Clary said in a written statement. Citizens for Fire Safety is the latest in a string of industry groups that have sprung up on different continents in the last 15 years — casting doubt on health concerns, shooting down restrictions and working to expand the market for flame retardants. For example, the Bromine Science and Environmental Forum, based in Brussels, may sound like a neutral scientific body. But it was founded and funded by four chemical manufacturers, including Albemarle, to influence the debate about flame retardants made with bromine. Albemarle’s global director of product advocacy, Raymond Dawson, said in blunt testimony before Washington state lawmakers in 2007 that the forum is “a group dedicated to generating science in support of brominated flame retardants.” An official from Burson-Marsteller, the global public relations firm that helps run the organization, said the bromine group is not misleading anyone because regulators, scientists and other stakeholders are well-aware it represents industry. The PR firm also helps run the Alliance for Consumer Fire Safety in Europe, which is funded by a trade association of flame retard- Many flame retardants are made with bromine or chlorine, which slow fire’s combustive reaction by taking the place of oxygen. However, tests have cast doubt on whether adding the chemicals to upholstered furniture is effective, and concerns over health risks have forced some products off the market. CHEMICALS Penta and octa Polybrominated diphenyl ethers, or PBDEs Deca Also a PBDE Chlorinated tris Also known as TDCCP Build up rapidly in breast milk and human blood. Hormone disruption, developmental problems, neurological deficits, impaired fertility. Persists in the environment and creates penta as it breaks down. Potential carcinogen, neurological deficits. Not in use. After the European Union voted in 2003 to ban the chemicals, U.S. makers pulled them from the market. Penta is still present in older furniture, other products containing foam and recycled carpet padding. Being phased out. Manufacturers voluntarily agreed to end production by December 2013. It is still present in the casing of older electronics and in wire insulation, textiles, automobiles and airplanes. Firemaster 550 Brand name HAZARDS Probable carcinogen, neurological deficits. Chemical’s brominated components found in wildlife. Levels increasing in air around the Great Lakes. Developmental problems at high doses. STATUS Still in use. Voluntarily removed from children’s sleepwear in late 1970s but still widely used in furniture foam. Also has been found in baby products containing polyurethane foam. SOURCES: U.S. Environmental Protection Agency, Consumer Product Safety Commission, National Research Council, peer-reviewed research. ant manufacturers. The alliance’s director, Bob Graham, said the group’s aim is to improve firesafety standards for upholstered furniture sold in Europe. The group’s website taps into the public’s fear of fire, touting an “interactive burn test tool” that allows visitors to choose a European country and watch a sofa from that nation being torched. Next to a photo of an easy chair fully engulfed in flames, four words stand out in large capital letters: “ARE YOU SITTING COMFORTABLY?” Still in use. Introduced in 2003 as a replacement for penta. Identified for “high priority” review by U.S. Environmental Protection Agency. TRIBUNE The amount of flame retardants in a typical American home isn’t measured in parts per billion or parts per million. It’s measured in ounces and pounds. A large couch can have up to 2 21 pounds in its foam cushions. The chemicals also are inside some highchairs, diaper-changing pads and breast-feeding pillows. Recyclers turn chemically treated foam into the padding underneath carpets. “When we’re eating organic, we’re avoiding very small amounts of pesticides,” said Arlene Blum, a California chemist who has fought to limit flame retardants in household products. “Then we sit on our couch that can contain a pound of chemicals that’s from the same family as banned pesticides like DDT.” These chemicals are ubiquitous not because federal rules demand it. In fact, scientists at the U.S. Consumer Product Safety Commission have determined that the flame retardants in household furniture aren’t effective, and some pose unnecessary health risks. The chemicals are widely used because of an obscure rule adopted by California regulators in 1975. Back then, a state chemist devised an easy-to-replicate burn test that didn’t require manufacturers to set furniture on fire, an expensive proposition. The test calls for exposing raw foam to a candle-like flame for 12 seconds. The cheapest way to pass the test is to add flame retardants to the foam inside cushions. But couches aren’t made of foam alone. In a real fire, the upholstery fabric, typically not treated with flame retardants, burns first, and the flames grow big enough that they overwhelm even fire-retardant foam, scientists at two federal agencies have found. Nevertheless, in the decades since that rule went into effect, lawyers have regularly argued that their burn-victim clients would have been spared if only their sofas had been made with California foam. Faced with the specter of these lawsuits — and the logistical challenge of producing separate products just for California — many manufacturers began using flame retardant foam across their product lines. As a result, California has become the most critical battleground in recent years for advocates trying to reduce the prevalence of these chemicals in American homes. Citizens for Fire Safety has successfully fought back with a powerful, and surprising, tactic: making flame retardants a racial issue. The group and witnesses with ties to it have argued that impoverished, minority children would burn to death if flame retardants were removed from household products. In 2009, for instance, members of the California State Assembly were considering a bill that would have made it unnecessary to add flame retardants to many baby products by excluding them from the state’s flammability regulation. Up to the microphone stepped Zyra McCloud, an African-American community activist from Inglewood, Calif. McCloud was president of a community group that listed Citizens for Fire Safety as a sponsor on its website and included photos of McCloud with Gillham, the executive director. She did not disclose this connection to the assembly, nor was she asked. In a news release, Citizens for Fire Safety already had quoted McCloud saying that minority children, who constitute a disproportionate share of fire deaths, would bear the brunt of the “ill-conceived and unsafe legislation.” At the hearing, the committee chairwoman told both sides they were out of time for testimony, but McCloud pleaded with her to allow two elementary school students from her district to address lawmakers. “We have spent all weekend long with the kids that have had family members and friends who have died in fires, and we are praying and appealing to you that you would at least allow the two boys to speak,” she said. One of the boys, a 10-year-old, read from a statement. “I just want you to imagine a child crying for help in a burning building, dying, when there was a person who only had to vote to save their life,” he said. Citizens for Fire Safety prevailed. The bill later went down to defeat. McCloud told the Tribune, “I’ve always been a person that’s fought against things that would hurt children.” She then asked for questions in writing but never answered them. Nearly two years after that bill failed, one of the nation’s top burn surgeons would also invoke the image of a dead child before California lawmakers on behalf of Please turn to Next Page TRIBUNE WATCHDOG PLAYING WITH FIRE Te tr of sa Told about Nancy, Heimbach said Stories about she was probably the babybabies he had burned in mind and emailed a Tribune redon’t of add up porter two photographs a severely Continued from Page burned child, images that he 21said he Citizens for Fire Safety. had used in a presentation at a mediWhen Dr. David Heimbach walked into the California Senate cal conference. Medical records and committee hearing last year, the those picstakes been SHD higher for duct: CTBroadsheetNancy’s PubDate: mother 05-06-2012 confirmed Zone: had ALLnever Edition: Page: MAIN1-22 User: grejohnson Time: 05-05-2012 22:23 Color: K flame retardant manufacturers. tures were indeedOnce of Nancy. again, senators were conFire sidering an overhaul of the state’s But Nancy didn’t dieregulation in a —fire flammability one effec that advocates believed would ne | Section 1 | Sunday, May 6, 2012by Ba candle, caused as Heimbach has dramatically reduce the amount of By M flame Fire retardants in American repeatedly testified. records obTribune homes. PHOTO PROVIDED BY FAMILY UNE WATCHDOG The bill would allow manufactained by the Tribune show the blaze The turers to choose the existing ING WITH FIRE “Nancy’smemory memory is sacred to us. My fire-sn candle-like flame test or a overnew one was caused by an overloaded, “Nancy’s is sacred to us. differe based on a smoldering cigarette, a daughter deserves But more common source of fires heated extensionfarcord. My daughter deservesrespect. respect.She She lived lived flame than candles. Manufacturers such sheshe suffered a lot. “There were could no candles, no bypets suchaashort shorttime timeand and suffered a retarda pass the new test using in flam resistant fabrics rather than addThis is horrible.” — just the misuseingoftoxic extension “We chemicals tocords,” the foam lot. This is horrible.” signific inside. — Mother of Nancy Garcia-Diaz, above, a 6-week-old girl who died said Mike Makela, an investigator for Consu To maintain the status quo — — Mother of Nancy Garcia-Diaz, above, a 6-week-old girl in 2009 after a house fire in rural Washington 2009 t and avoid a hit to the bottom line who died in 2009 after a house fire in rural Washington. the Snohomish County marshal’s Mor — chemicalfire makers needed to similar stress that fires started by candles office. inhala were a serious threat. The facts, he addedon newaones, such as Heimbach, Citizens for Fire Babies In his testimony last year, Heimbach stated the baby was in a crib fire-remost exposed the w candles starting deadly blazes and Safety’s star witness, did just that. ge 21 levels of PBDE flame furnitu the lack flamebody retardants With Citizens for Fire Safety’s Highpillow. tardant mattressGillham and on a non-retardant The upper half ofofher was— cancer watching from the audi- retardants in breast milk account details that aided the chemical infants’ large daily dose. For afety. lems. industry’s position. burned, he said. ence, Heimbach not only passion- for others, ingestion of contaminated Mea Nancy’s mother, who asked that ately described the fatal burns a vid Heimbach dustcrib is the chief source of resting But public records show there — she was bed and ways t her on namea not be — used, said no she 7-week-old Alaska patientwas re- no alifornia Senate uphols never granted Heimbach permisceived lying on a pillow that exposure. g last year, the pillow. And, Makela retardants pattern of her burns. fire-re to use her daughter’s photolackedsaid, flame flame retardants, he also Totalplayed daily doseno role in thesion been higher for The graph. blamed the 2010 blaze on a candle. Nanograms (billionths of a gram) anufacturers. Fire authorities, Heimbach said, “may know more about it than I do, but that was group, “Nancy’s memory is sacred to In fact, he specifically said the of PBDE per kilogram of body ators were concomm us,” she said. “My daughter de- may be baby’s mother had placed a candle weight, per day Fire-resistant barriers m I had.” aul of the state’s the information that are “a serves respect. She lived such a in the girl’s crib. Adults 7.1 fires on short time andreduce she sufferedchemical a lot. Heimbach had told similar stoulation — one effective, expos Heimbach said he couldn’t recall who gave him that information but that Citizens For This is horrible.” ries before, the Tribune found. In Ages 12-19 8.3 believed would on the Heimbach was head of Harbor2009, he help told a California State ce the amount of for Fire Safety did not craft his statements. He said the group has paid for his Ages 6-11 13.0 Califor burn center for 25 years; he Assembly committee that he had Byview’s Michael Hawthorne in American furnitu also a was a professor of surgery at treated a 9-week-old girl whotime, died though 47.2 Ages 1-5 travel to testify and for some of his he would not give dollar amount. Tribune reporter of Washington unstanda the University that spring after a candle beside PHOTO PROVIDED BY FAMILY 141.0 allow manufacAlbe til the his retirement last year. He her crib turned over. “Wehe hadsaid, to Infants The details of his statements, weren’t as important as principle. “The The chemical industry’s e the existing of say flam estimated he might have leading saved trade group split open her fingers because they “hundreds ifchemicals not of were so charred,” he testified. is that fire retardants will retard fires and will prevent burns,” hethousands” said.to furniture fire-snuffing foam inciden “can est or a new one principle “Nancy’s memory is sacred to us. death lives. In 2009, the Dalai Lamadeath.” gave In 2010, he told Alaska lawmakdifference between life and ring cigarette, a Later, Heimbach said through his attorney that federal rules prohibit him from home Heimbach an award for his care of ers about a 6-week-old girl from cords,” said Mike Makela, an But when scientists in a government lab touched n source of fires My daughterWashington deserves respect. She lived burntovictims around the world. chairs — onesignifi state who died that investigator for the Snohomishflame a pair of upholstered with Manufacturers disclosing information that would identify a patient. He said that when describing adopte “I’m a well-meaning guy,” afterand a dog knocked a candle County fire marshal’s office. such a short year time she suffered a lot. in the foam — both were w test by using Bute Heimbach said. “I’mand notone in without the onto her crib, which did not have a In his testimony last year,retardant he follows protocol the rules by “de-identifywithin four minutes. ather than add- particular burn cases, expert pocket of industry.” flame retardant mattress. standard Heimbach stated theunder baby was in ain flames This is horrible.” did not find flame retardants in foam to proa als to the foam rates When Heimbach testified last Heimbach’s hospital in Seattle, crib on a fire-retardant mattress “We ing” patients — that is, changing or omitting to protect their detectw spring in protection,” California on the billDale that Ray, a top official Harborview Medical Center, de- and onidentifying a non-retardantinformation pillow.significant said — Mother of Nancy Garcia-Diaz, above, a 6-week-old girl who redu could have significantly clined to help the Tribune confirm The upperdied half of her body wasConsumer Product Safetyreduced Commission whoinover e status quo — privacy. in 2009 after a househis fire in ruralBut Washington flame retardant use, he didn’t tell Washington.age. accounts. records from the burned, he said. 2009 tests at a laboratory outside the bottom line Fedf lawmakers he was altering facts from both chair King County medical examiner’s Heimbach But public records But in testimony at state hearings, not show onlythere changed facts, he added Moreover, the amount of smoke ers needed to wrestl office show that no child matching was no crib — she was resting on a about the burn victim. Only when similar, Ray noting thatreveal most fire victimsfirepro die o arted by candles bed — and pillow. And, Makela asked by asaid, senator did he Heimbach’s descriptions died such newhasones, asnocandles starting deadly blazes and not the flames. eat. said, flame retardants played noinhalation, safety that Citizens for Fire Safety paid in his hospital in the last 16 years. The previously test results callthe intobeq facts, he added ones, such as of her burns.— details izens for Fire Babies most exposed in the pattern for his tripthat there. undisclosed The only infant who came closenew the lack ofrole flame retardants aided the Fire authorities, Heimbachthe widespread uphols of vote, flame ho When it came use time to the retardants in in terms of age candles and datestarting of deathdeadly blazes and ss, did just that. industry’s position. said, “may know cigaret senators Some overwhelmingly sided was Nancy Garcia-Diaz, of those chemicals have been li thechemical lacka 6-weekof flame retardants — more about itfurniture. or Fire Safety’s High levels of PBDE flame do, but that was thecancer, tics sh with Heimbach and Citizens forand developmenta oldaccount who died in details 2009 after a house neurological disorders that aidedthan the Ichemical from the audi- retardants in breast milk Nancy’s mother, who asked that her name not be cause o Fire Safety, sticking with the fire inFor rural Washington. lems. industry’s position.information that I had.” ot only passion- for infants’ large daily dose. Heimbach said he couldn’t re- furniture standard based on a Tha In an interview, Heimbach said Meanwhile, research is finding there are more Nancy’s mother, who asked that he fatal burns a others, ingestion of contaminated never granted Heimbach to call who gave him that informato be e candle-likepermission flame. his anecdotes wereused, all aboutsaid the she dust is the chief source of to prevent fires d herwho name used,but said ka patient rethatshe Citizens for Fireways Public Califor healthfurniture advocates had— using specially same baby — one died not at hisbe tion use her daughter’s photograph. thatSenators resistshad smoldering cigarettes oro never granted Heimbach permisa pillow that exposure. Safety did not help craft hisupholstery Most one last hope: seven hospital, though he didn’t know barriers underneath statements. He said group hasfire-resistant sion to “Nancy’s usetoher photordants, he also Total daily dose in which they could change the fabric. alread the child’s name. Contrary hisdaughter’s memory isthesacred todays us,” she said. “My that co their votes. As theChemistry advocates tried said he had not paid for his travel to testify and for The a gram) he graph. American Council, the industr laze on a candle. Nanograms (billionths oftestimony, some his time, wouldgroup, smolde to persuade senators tospecific recon- questions about taken care of the patient. declined toshort answer th “Nancy’s memory is of sacred tothough heShe ifically said the of PBDE per kilogram of body daughter deserves respect. lived such a time give a dollar furnitu sider, Citizens for Firebut Safety putemail said flame Told about Nancy, Heimbach commission’s research in an re us,” she said. “Mynot daughter de-amount. placed a candle weight, per day The details of hisThis statements, he out a news alert that linked to a startin said she was probably the she baby he and suffered a lot. is horrible.” “a key component in reducing the devastating serves respect. lived such Adults 7.1 said, weren’t asaimportant as thearevideo thereim i called “Killer Couches!” had in mind and emailed a Trib-She fires on people, property and the environment.” short time and she suffered a lot. told similar sto“The principle is Harborview’s that flame To the sounds burn of sinistercenmusic une reporter two photographs of a principle. Heimbach was head of furniture manufacturers havefoam been horrible.” ibune found. In Ages 12-19 8.3 u and decades, crackling flames, a sofa made severely burnedThis child,isimages that fire retardants will retard fires and For on without the chemicals to meet aat flammability standa Heimbach was head of HarborCalifornia State will prevent burns,” hewas said. a professor ter for 25 years; he also of surgery Test flame retardants became he said he had used in a presenta13.0 Heimbach an inferno. Then these words tion at a medical adopted in 1975. Much of thesugges uph view’sconference. burn center forLater, 25 years; he said throughCalifornia tee that he had Ages 6-11 of Washington until hissold retirement hisofattorney that furnitu appeared: “Arenationwide You Sitting last Comand Nancy’s furniture is built to comply w alsothe was University a professor surgery at federal rules ld girl who died Ages 1-5 47.2Medical records prohibit himunfrom disclosing in-standard. sharp d fortably?” mother confirmed those pictures theyear. University of Washington a candle beside He estimated he might have saved “hundreds if are co No senators were141.0 indeed of Nancy. Corp.,changed one of thetheir world’s largest manuf til his retirement formation last year.that Hewould identify a Albemarle ver. “We had to Infants addres But Nancy didn’t die in a fire patient. He said that when de- votes, and the bill was dead. The TRIBUNE not thousands” lives.burn Incases, 2009, Dalai Lama gave flame retardants, said in a written statement estimated he might haveof saved ers because they SOURCE: EPA scribing particular heof the In tt chemical companies had won caused by a candle, as Heimbach PHOTO PROVIDED BY FAMILY Testing shows treated foam offers no real safety benefit about babies dd up he testified. Alaska lawmakek-old girl from who died that nocked a candle ch did not have a attress. spital in Seattle, SOURCE: EPA TRIBUNE not follows thousands” of protocol underincidence standard again. of damage, injury and has repeatedly “hundreds testified. Fireif reIn 2009, the Dalai Lama the rules bygave “de-identifying” pa-death caused by fires related to cords obtainedlives. by the Tribune — care thatofis, changing orhome Tribune reporter has Michael Hawshow thean blazeHeimbach was caused an by award an tients furnishings decreased for his cords,” said Mike Makela, omitting identifying informationsignificantly” thorne contributed to this report. overloaded, overheated extension since California burn victims around the world. investigator for the Snohomish to protect their privacy. cord. adopted its furniture rule. “I’m a well-meaning guy,” County fire marshal’s office. in testimony at state hear- [email protected] “There were no candles, nosaid. pets “I’mBut But Ray and other government Heimbach not in the In his testimony — last year, just the misuse of extension ings, Heimbach not only changed [email protected] Heimbach stated the baby was in a crib on a fire-retardant mattress pocket of industry.” When Heimbach testified last experts say declining smoking rates and increased use of smoke other polyes minute interve floral-p Sim Labora wrapp was m “There wasn’t a clined to help the Tribune confirm The upper half of her body was could have significantly reduced flame retardant use, he didn’t tell his accounts. But records from the burned, he said. King County medical examiner’s But public records show there lawmakers he was altering facts office show that no child matching was no crib — she was resting on a about the burn victim. Only when Heimbach’s descriptions has died bed — and no pillow. And, Makela asked by a senator did he reveal said, flame retardants played no that Citizens for Fire Safety paid in his hospital in the last 16 years. for his trip there. The only infant who came close role in the pattern of her burns. Heimbach anand award his careFire of burn victimsHeimbach around the When world. authorities, it came time to vote, the in terms of age date offor death “may know senators overwhelmingly was“I’m NancyaGarcia-Diaz, a 6-weekwell-meaning guy,” said, Heimbach said.more “I’mabout not itin the pocket of industry.”sided old who died in 2009 after a house than I do, but that was the with Heimbach and Citizens for Heimbach testifiedinformation last springthat inICalifornia on the that could had.” Firebill Safety, stickinghave withsigthe fireWhen in rural Washington. Heimbach said he couldn’t refurniture standard based on In an interview, Heimbach said nificantly reduced flame retardant use, he didn’t tell lawmakers he was altering factsa his anecdotes were all about the call who gave him that informa- candle-like flame. about the—burn victim. asked a senator did hePublic revealhealth that Citizens tion but that by Citizens for Fire advocates for had same baby one who died atOnly his when Safety did not help craft his one last hope: Senators had seven hospital, though he didn’t know Fire Safety paid for his trip there. the child’s name. Contrary to his statements. He said the group has days in which they could change When he it came vote, the with Heimbach paid forsenators his travel tooverwhelmingly testify and for theirsided votes. As the advocates tried testimony, said hetime had to not some of his time, though he would to persuade senators to recontaken care of the patient. and Citizens for Fire Safety, sticking with the furniture standard based on a candlesider, Citizens for Fire Safety put Told about Nancy, Heimbach not give a dollar amount. like flame. The details of his statements, he out a news alert that linked to a said she was probably the baby he said, one weren’t important as the had videoseven called “Killer hadPublic in mindhealth and emailed a Trib- had advocates lastas hope: Senators daysCouches!” in which To the sounds of sinister music une reporter two photographs of a principle. “The principle is that they could change theirthat votes.fire Asretardants the advocates to persuade senators reconwill retardtried fires and and crackling flames,to a sofa made severely burned child, images will prevent burns,” he said. without flame retardants became he said he had used in a presentasider, Citizens for Fire Safety put out a news alert that linked to a video called “Killer Later, Heimbach said through an inferno. Then these words tion at a medical conference. Couches!” Medical records and Nancy’s his attorney that federal rules appeared: “Are You Sitting Comprohibitand himcrackling from disclosing in- a fortably?” mother confirmed those pictures music To the sounds of sinister flames, sofa made without flame formation that would identify a No senators changed their were indeed of Nancy. retardants ThenHethese appeared: “Are Sitting Comsaid words that when de- votes, andYou the bill was dead. The But Nancy became didn’t die an in ainferno. fire patient. caused by a candle, as Heimbach scribing particular burn cases, he chemical companies had won fortably?” has repeatedly testified. Fire re- follows standard protocol under again. Noobtained senators theirthe votes, the bill was dead. rulesand by “de-identifying” pa- The chemical companies cords bychanged the Tribune showwon the blaze was caused by an tients — that is, changing or Tribune reporter Michael Hawhad again. overloaded, overheated extension omitting identifying information thorne contributed to this report. to protect their privacy. cord. But in testimony at state [email protected] “There were no candles, no pets Tribune reporter Michael Hawthorne contributed to hearthis report. — just the misuse of extension ings, Heimbach not only changed [email protected] More watchdog reports at chicagotribune.com VIDEO Watch Tribune reporters Patricia Callahan, Sam Roe and Michael Hawthorne describe their investigation into the campaign of deception that has helped put flame retardants into our homes and into our bodies. TRANSCRIPTS Read side-by-side transcripts of inconsistent testimony on babies’ deaths given by Dr. David Heimbach at three different government hearings — and compare them with documents on Nancy Garcia-Diaz, a 6-weekold girl who died in 2009 after a house fire in rural Washington. in a w fi s th u c ti c to C M a th s fu s th fl fo s fu s a a o p m in fl L w w r b b s b th li ty fo b a v N m in a c r s fi u to ti th m d p it m T in the Los Angeles Citizens for Fire t group for the maketardant chemicals, ornia bill that would the widespread use dants in products. m Page 20 ding of Citizens for ve that this support groups is critical to ess of the importance and give a voice to ant to speak out on nt public issue,” Clary en statement. or Fire Safety is the ng of industry groups rung up on different the last 15 years — on health concerns, wn restrictions and xpand the market for nts. le, the Bromine Scivironmental Forum, sels, may sound like a tific body. But it was d funded by four nufacturers, includle, to influence the t flame retardants omine. s global director of cacy, Raymond Dawunt testimony before state lawmakers in e forum is “a group generating science in rominated flame re- from Burson-Marobal public relations ps run the organizabromine group is not nyone because regusts and other stakewell-aware it reprey. m also helps run the Consumer Fire Safety which is funded by a tion of flame retard- JORDAN SILVERMAN/PHOTO FOR THE TRIBUNE “Citizens for Fire Safety did everything they could to portray themselves as firefighters, as Vermont citizens for fire safety, when it really wasn’t Vermont citizens for fire safety at all.” — Matt Vinci, above, president of a Vermont firefighters union, who lobbied against a flame retardant Types of flame retardants Many flame retardants are made with bromine or chlorine, which slow fire’s combustive reaction by taking the place of oxygen. However, tests have cast doubt on whether adding the chemicals to upholstered furniture is effective, and concerns over health risks have forced some products off the market. CHEMICALS Penta and octa Polybrominated diphenyl ethers, or PBDEs Deca Also a PBDE Chlorinated tris Also known as TDCCP Firemaster 550 Brand name HAZARDS Build up rapidly in breast milk and human blood. Hormone disruption, developmental problems, neurological deficits, impaired fertility. Persists in the environment and creates penta as it breaks down. Potential carcinogen, neurological deficits. Probable carcinogen, neurological deficits. Chemical’s brominated components found in wildlife. Levels increasing in air around the Great Lakes. Developmental problems at high doses. STATUS Not in use. After the European Union voted in 2003 to ban the chemicals, U.S. makers pulled them from the market. Penta is still present in older furniture, other products containing foam and recycled carpet padding. Being phased out. Manufacturers voluntarily agreed to end production by December 2013. It is still present in the casing of older electronics and in wire insulation, textiles, automobiles and airplanes. Still in use. Voluntarily removed from children’s sleepwear in late 1970s but still widely used in furniture foam. Also has been found in baby products containing polyurethane foam. Still in use. Introduced in 2003 as a replacement for penta. Identified for “high priority” review by U.S. Environmental Protection Agency. SOURCES: U.S. Environmental Protection Agency, Consumer Product Safety Commission, National Research Council, peer-reviewed research. ant manufacturers. The alliance’s director, Bob Graham, said the group’s aim is to improve firesafety standards for upholstered furniture sold in Europe. The group’s website taps into the public’s fear of fire, touting an “interactive burn test tool” that allows visitors to choose a European country and watch a sofa from that nation being torched. Next to a photo of an easy chair fully engulfed in flames, four words stand out in large capital letters: “ARE YOU SITTING COMFORTABLY?” TRIBUNE ‘A child crying’ The amount of flame retardants in a typical American home isn’t measured in parts per billion or parts per million. It’s measured in ounces and pounds. A large couch can have up to 2 come the most cr ground in recent y vocates trying to redu lence of these chemic can homes. Citizens for Fire successfully fought powerful, and surp making flame retard issue. The group and w ties to it have argued erished, minority ch burn to death if flam were removed from products. In 2009, for instan of the California Sta were considering a b have made it unnece flame retardants to products by excludin the state’s flammab tion. Up to the microph Zyra McCloud, an Af can community acti glewood, Calif. McCloud was pr community group th zens for Fire Safety on its website and inc of McCloud with executive director. disclose this conne assembly, nor was sh In a news release Fire Safety already McCloud saying th children, who cons proportionate share would bear the b “ill-conceived and u tion.” At the hearing, th chairwoman told bo were out of time for t McCloud pleaded allow two elementar dents from her distr lawmakers. “We have spent long with the kids t family members and have died in fires, praying and appealin you would at least a boys to speak,” she sa One of the boys, a read from a statemen “I just want you child crying for help building, dying, whe person who only ha save their life,” he sai Citizens for Fire vailed. The bill later w defeat. McCloud told t “I’ve always been a fought against thing hurt children.” She t questions in writin answered them. Nearly two years failed, one of the nati surgeons would als image of a dead California lawmaker Please turn to Next P