**Document Content:**

Upon these misrepresentations and omissions made to IBM and repeated and communicated and/or in some fashion authoritatively conveyed to them.

98. **Epichlorohydrin:** The US EPA first publicly recommended epichlorohydrin for extensive testing for carcinogenicity, mutagenicity, teratogenicity, and other chronic effects in 1978 based on its widespread industrial use in epoxy formulations, its bacterial mutagenicity and demonstrated biological activity including an ability to penetrate human skin and produce systemic effects. This information notwithstanding, the suppliers to IBM of epichlorohydrin-based and epichlorohydrin-containing products, including without limitation defendants Shell Oil Company, Sigma-Aldrich Corp., Sigma Aldrich, Inc., dba Sigma-Aldrich Sales, Inc., Sigma-Aldrich Company, Aldrich Chemical Company, Ashland Oil, Inc., Union Carbide Corp., adhesive defendants Conap, Inc., Electronic Materials, Inc., Devcon-Plexus Corp., The DexterCorp., and Loctite Corp., continued throughout the 1970s and 1980s to represent in written product communications delivered to IBM for intended and expected communication to employees, including solvent and adhesive users and in particular plaintiffs Aniceto Batista and plaintiffs' decedent Aniceto Batista, that these products could be used safely in IBM clean rooms as long as the concentration of each constituent remained below its OSHA "PEL" if any, without disclosing that the PEL is set only for non-cancer effects. This representation was made by sophisticated suppliers of so-called "ultra high purity" electronic grade chemicals who knew that IBM would cause workers to use the epichlorohydrin based resins in conjunction with other so-called "ultra high purity" electronic grade chemicals in the manufacture of microelectronics products and devices. Defendants also knew that the function of air circulation devices serving a clean room is to remove particulates and that these devices actually recirculate and distribute gaseous air contaminants throughout the clean room. Notwithstanding such knowledge, these suppliers conveyed grossly misleading and inadequate information to IBM regarding these dangers, knowing and intending that IBM would repeat, convey or in some fashion communicate these misleading statements to employees, including Plaintiff Khalid Haq and Plaintiffs' decedent, Aniceto Batista. Plaintiffs detrimentally relied upon these misrepresentations and omissions made to IBM and repeated, communicated and/or in some fashion authoritatively conveyed to them.

99. **Isopropyl Alcohol:** The suppliers to IBM of isopropyl alcohol including without limitation

**Complaint for Damages, Personal Injury and Wrongful Death**