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**On the face of their MSDSs for acetone sold to IBM that the only hazard from acetone exposure is mucous membrane irritation and headache. At all times relevant, these defendants have known but have failed to disclose that acetone contains measurable amounts of benzene, a known carcinogen, mutagen, genotoxin, leukemogen and immunotoxin. At all times relevant, these defendants have also known but failed to advise that acetone is incompatible with alcohols such as methanol, glycols such as ethylene glycol, aromatic hydrocarbons such as xylene, and halogenated organics such as methylene chloride, trichloroethylene, and 1,1,1 trichloroethane. Defendants have known that methylene chloride, trichloroethylene, 1,1,1 trichloroethane, ethylene glycol, methanol and xylene are in common use in electronics industry clean room processing where acetone is used. 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 Plaintiffs and Plaintiffs' decedent. Plaintiffs Aniceto Batista and Khalid Haq detrimentally relied upon these misrepresentations and omissions concerning known hazards of exposure to acetone made to IBM and repeated, communicated and/or in some fashion authoritatively conveyed to them.

95. Methylene Chloride. The US EPA first formally recommended methylene chloride for extensive testing for carcinogenicity, mutagenicity, teratogenicity, and other chronic effects in April 1978, because of its widespread industrial use and demonstrated biological activity including adverse effects on blood, lungs, and behavior. Animal research demonstrated the ability of methylene chloride to produce salivary gland cancer as early as 1979. The US EPA has recognized methylene chloride as a suspect carcinogen since at least 1983. Notwithstanding these facts, the suppliers to IBM of methylene chloride and methylene chloride containing products, including without limitation, EM Science, EM Industries, Inc., Ashland Oil Inc., Fisher Scientific Company, Pacific Pac International, Inc., Sigma-Aldrich Corp., Sigma Aldrich, Inc., dba Sigma-Aldrich Sales, Inc., Sigma-Aldrich Company, Aldrich Chemical Company, Shell Oil Company, and Union Carbide Corp., continued throughout the 1980s to represent in written product communications to IBM and its employees, including plaintiff Khalid Haq and plaintiffs' decedent Aniceto Batista, that methylene chloride could be used safely in IBM clean rooms as long as its concentration remained below the OSHA "PEL"

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COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

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