Prop 65 Crayon Litigation

Michael DiPirro has filed three enforcement actions in Alameda County alleging that crayons expose users to asbestos and to talc containing asbestiform fibers.  One suit, filed against Rose Arts Industries, has been dismissed, but the cases against Binney & Smith and Dixon Ticonderoga continue.

The suits stem from earlier reports that the talc used in the manufacture of some crayons contains asbestos-like fibers.  Following these reports, the US Consumer Product Safety Commission reported that its tests showed "a trace amount of asbestos in two Crayola crayons made by Binney and Smith and one Prang crayon made by Dixon Ticonderoga. However, the amount of asbestos is so small it is scientifically insignificant."  The CPSC also found no airborne fibers during a test of crayon use.   According to the release, "CPSC tests concluded that there is no cause for concern. Parents and teachers can continue to use the crayons they have and purchase crayons from store shelves."  Binney and Smith and Dixon Ticonderoga volunteered to reformulate within a year of the CPSC's news release in June 2000, to eliminate the fibers.

Binney & Smith's news release [pdf] states that Crayola crayons are asbestos-free.  Dixon Ticonderoga issued a similar release.

In settlements reached in February and March 2001, both Binney & Smith and Dixon Ticonderoga agreed to timeline commitments on their crayon reformulations, donated reformulated crayons and other products, and reimbursed plaintiff for some of the attorney's and expert's fees incurred.  The consent judgments did not require any product warnings or other monetary relief.

This page last updated April 30, 2001