The same suite of
lead carbonates and other secondary lead minerals was found in the plant foodstuffs as in the ores, soils, and sweep samples (Figure 1B).
All four test kits were able to detect the presence of lead in the one paint sample that contained 0.5%
lead carbonate without a top cover, but the kits were unable to detect the presence of lead in any of the paint samples that had a non-leaded paint top cover.
Like DES plaintiffs, Thomas "is unable to identify the precise producer of the white
lead carbonate pigment he ingested at his prior residences due to the generic nature of the pigment, the number of producers, the lack of pertinent records, and the passage of time," Judge Louis Buffer Jr.
Without lead there could be no white
lead carbonate pigment.
Table 1--Oil Absorption Values for Selected Pigments--Rubout Method Pigment Oil Absorption Value Basic
lead carbonate 9-12 Barium sulfate (Barytes) 10-20 Barium sulfate (Blanc Fixe) 15 Calcium carbonate 16-18 Zinc oxide 17-20 Red iron oxide 20 Uncoated titanium dioxide 11 Amorphous silica 29 China clay 30 Phthalocyanine blue 34 Milori blue 51 Lampblack 51 Carbon black (medium) 124 Diatomaceous earth 196 Data from a variety of sources.
Encapsulated stabilizers are available in
lead carbonate, sulfate and phthalategrades to reduce generation of dust during handling and compounding.
Under this theory, "a plaintiff makes a prima facie showing that the manufacturer produced or marketed white
lead carbonate pigment sometime during [plaintiff's] house's existence," and "the burden is on each manufacturer to prove that it did not produce or market white
lead carbonate pigment either during the house's existence or in the geographical market where the house is located."
